We would like to offer you a selection of key legislative changes related to the activities of civil society organizations. In the May issue, the Ukrainian Center for Independent Political Research has collected the main topics worth knowing about:
- A new draft law on local self-government bodies has been endorsed by the relevant committee;
- Discussions are ongoing regarding a bill on policies to promote Ukrainian national and civic identity
Read more about these changes and find out how they will affect the work of CSOs.
Parliament has adopted a new draft law on the ombudsman in principle
What the document is about: The draft law aims to update the legal framework governing the activities of the Ukrainian Parliament Commissioner for Human Rights and bring it into line with international human rights standards in order to improve the level of respect for human rights and freedoms in Ukraine.
In the context of interaction with civil society organizations, the document provides for a number of innovations:
- the right to obtain, by any means, copies of documents, including those containing restricted-access information, from civil society organizations
- to require organizations, regardless of their organizational and legal form, to facilitate inspections of the activities of organizations under their control and subordination, to assign specialists to participate in inspections and expert examinations and to provide relevant conclusions, as well as to initiate inspections by such bodies of the activities of organizations under their control and subordination;
- send to organizations, regardless of their organizational and legal form and regardless of their form of ownership, the Commissioner’s response documents in the event of violations of human and civil rights and freedoms, so that these bodies may take appropriate measures;
- to visit organizations without prior notice, regardless of their legal form or ownership structure, and to attend their meetings or the meetings of bodies established by them;
- a separate provision has been added regarding the Ombudsman’s interaction with human rights organizations and civic associations. To ensure constant communication between the Commissioner and civic associations, provide advisory support to the Commissioner, conduct scientific research, and examine proposals for improving the protection of human and civil rights and freedoms, the Commissioner shall establish an advisory council. The Ombudsman may also establish expert councils to provide professional expert and advisory support for the activities of the Ombudsman’s representatives.
Why it is important: Expanding the powers of the Ukrainian Parliament Commissioner for Human Rights strengthens the national human rights protection system and creates additional mechanisms to influence state policy and legislation. For CSOs, this opens up new opportunities for advocacy, cooperation with the Ombudsman in monitoring human rights violations and documenting war crimes, and strengthens the protection of the rights of vulnerable groups.
However, the draft law contains provisions that raise concerns, in particular, the ombudsman’s right to visit civil society organizations without prior notice and to attend their meetings or the meetings of bodies established by them. Unlike business entities, the activities of CSO governing bodies have their own specific characteristics, which require advance notice to the organization’s members and adherence to specific deadlines. Furthermore, in wartime conditions, some members of governing bodies may be abroad, in temporarily occupied territories, or in areas where communication is restricted, which complicates the prompt convening of meetings and interaction with the Commissioner’s representatives. In the absence of clear grounds and procedures for exercising such authority, this may create a disproportionate administrative burden for CSOs and risks of interference in their autonomous activities.
A committee of the Verkhovna Rada has endorsed a draft law aimed at improving the legal framework for the activities of community self-governance bodies
What the document is about: The Verkhovna Rada Committee on the Organization of State Power, Local Self-Government, Regional Development, and Urban Planning has recommended that the Verkhovna Rada adopt Bill No. 15165 as a basis for further consideration.
The draft law proposes to update the definition of a community self-organization body as a representative body established by residents living within a part of the community’s territory, as well as in the cities of Kyiv and Sevastopol, to address issues of local significance in accordance with the Constitution and laws of Ukraine.
It also defines the types of local self-government bodies depending on the territorial level—building, street, block, neighborhood, etc.—and establishes requirements for their composition, election procedures, terms of office, and grounds for early termination of activities.
Separately, it provides for the possibility of LGA performing representative functions, participating in the implementation of local programs, organizing initiatives for urban improvement, social support for the population, public oversight, and other forms of resident participation in addressing issues of local significance. It also clarifies the mechanism for delegating additional powers of local self-government bodies to LGA on a contractual basis, with the transfer of corresponding resources—funds or property.
The financial and material basis for the activities of community self-government bodies is provided by local budget funds, charitable donations, and other sources of revenue not prohibited by law. The bill also establishes requirements for transparency, reporting, and oversight of the activities of community self-government bodies.
Why it matters: The draft law updates the legal framework for the establishment and operation of community self-organization bodies, which directly impacts residents’ ability to participate in addressing issues of local importance. Updating legislation regarding the activities of local self-organization bodies is viewed positively by the civil society sector and aligns with Ukraine’s European integration commitments, particularly within the framework of the Roadmap on the Functioning of Democratic Institutions. Civil society supports the idea of updating legislation regarding the activities of local self-organization bodies and will actively monitor the progress of the draft law.
The Ministry of Youth and Sports held public discussion on a draft law on the principles of domestic and foreign policy in the sphere of affirming Ukrainian national and civic identity
What the document is about: The draft law proposes amending the current Law “On the Principles of Domestic and Foreign Policy” with provisions regarding the promotion of Ukrainian national and civic identity.
Specifically, it proposes to introduce:
- comprehensive development and protection of Ukrainian national and civic identity;
- the fundamental principles of domestic policy in the humanitarian sphere include, in particular, promoting the affirmation of Ukrainian national and civic identity, defense awareness, and civic resilience, as well as readiness for national resistance through measures of national-patriotic education, military-patriotic education, and civic education;
- the fundamental principles of foreign policy include, in particular, the creation of favorable conditions for meeting national, cultural, and linguistic needs; the formation and preservation of Ukrainian national and civic identity among Ukrainians living outside Ukraine; and the maintenance of stable ties with them.
The draft law also requires the Cabinet of Ministers of Ukraine to adopt the regulatory acts necessary for its implementation.
Why it matters: The draft law establishes the affirmation of Ukrainian national and civic identity as a distinct pillar of the state’s domestic and foreign policy. The document creates a regulatory framework for implementing policies in the areas of national-patriotic education, civic education, the development of defense awareness, and civic resilience.
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The digest is produced by the NGO “Ukrainian Center for Independent Political Research” with the support of the Askold and Dir Fund as part of the Strong Civil Society of Ukraine - a Driver towards Reforms and Democracy project, implemented by ISAR Ednannia and funded by Norway and Sweden. The contents of this publication are the sole responsibility of UCIPR. They can in no way be taken to reflect the views of the Government of Norway, the Government of Sweden, and ISAR Ednannia.
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