UPDATE: On January 28 Ukrainian Parliament voted to repeal the January 16 laws. The laws were repealed and texts will be amended within the following 10 days, according to this explanation by the Ministry of Justice: http://www.minjust.gov.ua/news/44886.
On January 16, 2014 Ukrainian Rada adopted in two votes an extraordinary package of restrictive amendments to 21 laws. The draft amendments #3879 by MPs Kolisnichenko and Oliynyk were introduced only 2 days ago, on January 14. The law is now awaiting President’s signature. The 36 pages long document is available in Ukranian here: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=49483
The changes are impressive in scope, as they refer to various issues and across numerous laws, as well as introduce changes to Administrative and Criminal Codes. ECNL is currently reviewing the changes in detail, below are the most important highlights. The Law on Public Associations is amended by introducing the notion of a foreign agent. The defitnion is provided in the following reading, see page 31:
Public association is considered as carrying out functions of a foreign agent, if in order to sustain its activities it receives money or property from foreign states, their state bodies, nongovernmental organizations of other states, international nongovernmental organizations, foreign citizens, persons without citizenship or their representatives, who receive money resources or other property from the mentioned sources (further – foreign sources) and also take part, including in the interest of foreign sources, in political activities on the territory of Ukraine. With the exception of political parties, public association is considered as taking part in political activities in Ukraine, when regardless of the aims and goals included in its founding documents, it takes part (including by financing) in organizing and carrying out political actions, which aim to influence decision-making by state bodies, change the defined public policy and influence the popular opinion with the same aim.
Similarly, to the recent Law on Foreign Agents in Russia, such organizations will need to introduce foreign agent reference into their title.
In addition, Law #3879 introduces stricter liability for:
- participants of peaceful protests and demonstrations that took place without permission of police can be arrested for up to 15 days;
- participants in masks, participants carrying out assemblies with use of fireworks, participants in uniform which closely resembles uniform of law enforcement, setting up permanent structures without permission will be punished by fines or administrative detention;
- blocking access to public buildings is punished with up to 5 years in prison;
- movable protests of cars in a convoy of more than 5 vehicles can be punished by confiscation of vehicles;
- Article 110 on Extremist activities, including on Internet, is introduced into the Criminal Code;
- Article 151 introduces the notion of libel into the Criminal Code with up to one year of forced labor for spreading libel, including in creative works published online;
- collecting and spreading personal information about judges and law enforcement officials is punishable by forced labor or imprisonment up to 6 months.
This is a snapshot review, currently we are studying the amendments further. This is an alarming development in light of other restrictive legal initiatives.