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Ukrainian CSO Legal Environment , 200 7 – Freedom of Association

Ukrainian CSO Legal Environment , 200 7 – Freedom of Association. Progress in CSO legal reform. New Civil Code and Law on legal entities registration came into effect in 2004

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Ukrainian CSO Legal Environment , 200 7 – Freedom of Association

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  1. Ukrainian CSO Legal Environment, 2007 – Freedom of Association

  2. Progress in CSO legal reform • New Civil Code and Law on legal entities registration came into effect in 2004 • In 2006, a special law on implementation of Convention on human rights and fundamental freedoms, and decisions by European Court on Human Rights was adopted • Better administrative practices (e.g., registration fees for CSOs reduced twice in 2007)

  3. Remaining Challenges • Government and political parties lack initiative for changes of CSO legal environment • Inconsistencies and multiple interpretations in various laws (e.g., in laws on registration and on associations) • Discretionary decisions by registration authorities (e.g., refusals in registration or making CSO amend their articles or goals) • Poor legal remedies (e.g., administrative courts are still emerging; administrative appeals are not really independent)

  4. Key areas for donors’ future engagement • instruments (e.g., Ukraine – EU Action Plan 2005 provided for drafting a new law on associations that has not even semi-finalized yet) • Systematic harmonizing of CSO legal environment with EU standards (e.g., Ministry of justice is in charge for expertise of any draft law on compatibility with HR convention and aquis communautaire, but its capacity is actually limited) • Assistance to reforms of judiciary and legal remedies (e.g., procedures for proper administrative appeals) is crucial for freedom of association in Ukraine

  5. Support in CSO legal environment • Training of officials and judges on EU standards and court practices related to freedom of association and CSO laws. In mid-term perspective, curricula for law and public administration schools • Incorporation of CSO legal environment reforms in bi-or multilateral agreements with Ukraine • Promotion of institutional CSO/Government communications on CSO legal environment (currently none government agency is in charge for setting up a broader law making agenda for CSOs) • Providing expertise and other technical assistance to Ministry of Justice and judiciary administration

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