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PACE confirmed the legitimacy of the leadership of Ukraine and declared illegal the annexation of Crimea. RESOLUTION

Russia is deprived of the right to vote until the end of the year in the Parliamentary Assembly of the Council of Europe. Source: http://censor.net.ua/n280364

At the same time, the entire Russian delegation left the conference room of the Parliamentary Assembly of the Council of Europe (PACE), where a discussion was held about its powers.

ПАСЕ подтвердила легитимность руководства Украины и признала незаконной аннексию Крыма. РЕЗОЛЮЦИЯ

The Parliamentary Assembly of the Council of Europe confirms the legitimacy of the new leadership of Ukraine, calls for judicial and constitutional reform, to hold early parliamentary elections and fight corruption. PACE also does not recognize the annexation of Crimea and calls on Russia to withdraw troops from the Crimea (including the Black Sea Fleet) and withdraw troops from the borders of Ukraine.

This is stated in PACE resolution No. 1988 (2014), “Recent Developments in Ukraine: Threats to the Functioning of Democratic Institutions,” adopted on April 9. Below the link is an unofficial translation of the text of the resolution, reports League.

1. The Parliamentary Assembly deeply regrets the dramatic events on the Kiev Maidan on February 18-20, 2014, which led to the deaths of more than 100 protesters and 17 police officers also regrets that the escalation of violence was largely the result of brutal measures by the authorities, including the so-called anti-terrorist campaign designed to disperse Euromaidan. These measures were contrary to the recommendations on the functioning of democratic institutions in Ukraine proposed by national and international advisers and institutions, including the Assembly and its Resolution 1974 (2014).

2. The Assembly severely condemns the use by the Ukrainian authorities of snipers and firearms against demonstrators. Such measures are unacceptable. All deaths and all human rights violations related to the protests on Euromaidan should be fully investigated, and criminals, including those who gave the commands, should be held accountable. Violations of human rights must not go unpunished, regardless of the identity of the perpetrators. At the same time, it is important that this investigation is impartial, not politically motivated or a desire for revenge. The investigation must be transparent and in full compliance with the requirements of Article 6 of the European Convention on Human Rights. The Committee of Representatives of the Council of Europe should support the authorities in complying with these requirements.

3. The Verkhovna Rada of Ukraine played an important and constructive role in resolving the crisis, when, by joining forces and reaching consensus, it was able to change power and ensure the implementation of the main agreements on February 21, 2014. They were implemented in accordance with the general line of this treaty and constitutional principles. Therefore, the Assembly fully recognizes the legitimacy of the new Ukrainian authorities and the legitimacy of their decisions. She regrets any attempts to cast doubt on the legitimacy of the new authorities, which can only lead to the destabilization of the state.

4. The Assembly believes that the new political environment, which was formed as a result of the events on the Maidan between February 18 and 21, and the change of power opened a window of opportunity for the democratic development of Ukraine. This window of opportunity is now important to use to establish a truly democratic and inclusive system of government, which will become a guarantee and a way to strengthen the unity of the country. In order to fully restore the rule of law, the Assembly calls for the immediate disarmament of illegal armed groups and individuals in Ukraine and for further measures by the authorities to protect Ukrainian citizens from corruption in all public structures.

5. The Assembly draws attention to the 2004 constitutional amendments, which were again enacted by the constitutional majority of the Verkhovna Rada. In this regard, the Assembly again expresses its proposals for these amendments, which were already promulgated in PACE resolutions, when the amendments first entered into force. Further constitutional reform should be carried out immediately. The Assembly calls on the Verkhovna Rada right now, by joining forces, to urgently introduce the necessary constitutional amendments to improve the balance between the presidency and the legislature; bring the Constitution in line with the standards and principles of the Council of Europe. The Assembly welcomes the intention of all political forces in Ukraine to introduce these amendments in the first reading before the presidential election and, in general, with the beginning of a new working session of the Verkhovna Rada in September 2014. In light of the fact that there is not much time for this, the Assembly calls on the Verkhovna Rada to make full use of the recommendations of the Venice Commission published in previous draft concepts of constitutional reform in Ukraine.

6. There can be no doubt about the legitimacy of the Verkhovna Rada of Ukraine, elected in 2012. These elections were similar with the participation of observers from the Assembly. At the same time, the Assembly recognizes that as a result of recent political events, including the split of the Party of Regions, some groups of people in Ukraine fear that their interests are not sufficiently represented in the Verkhovna Rada and at the level of the central government. In order to ensure the full representativeness of the Verkhovna Rada, which, in turn, will ensure the unity and stability of the country, early parliamentary elections should be held as soon as technically and politically possible.

7. The next parliamentary elections should be held on the basis of a new unified electoral code and a regional proportional electoral system, as already recommended by the Assembly and the Venice Commission. In order for this code to be implemented without delay, the Assembly recommends that the Verkhovna Rada develop it on the basis of a draft prepared by the Klyuchkovsky working group, which included representatives of all political forces and which was approved by the Venice Commission.

8. Constitutional reform and the introduction of a new electoral code should now become priorities for the Ukrainian authorities. However, it also requires speedy consideration and implementation of widespread judicial reform and decentralization of power, including the strengthening of local and regional governance institutions.

9. Unfortunately, recent events have increased the division between east and west in the country and have led to an increase in mistrust between the populations of both parts. According to the Assembly, the separation is mainly of political origin, despite the obvious historical and cultural differences between the east and the west of Ukraine. Therefore, we recommend that the authorities develop a comprehensive and comprehensive strategy to strengthen local and regional authorities, decentralization of governance. Such a decentralization strategy should be based on the principles of a strong unitary state with an effective central management system and the delegation of responsibilities and authority to local and regional communities. The Assembly resolutely objects to any ideas of federalization of Ukraine and any external pressure from outside in order to carry out federalization in the future, as this will significantly weaken the unity and stability of the country.

10. The lack of independence of the judiciary and structural weaknesses in the judiciary have long raised concerns of the Assembly. Far-reaching judicial reforms should be implemented immediately. The Assembly reaffirms its recommendations made in previous resolutions, which remain valid. The Assembly emphasizes that constitutional amendments are necessary to establish a judicial system that will work in full compliance with European standards.

11. The Assembly takes note of the findings of the Advisory Committee of the Framework Convention for the Protection of National Minorities, which visited Ukraine from March 21 to 26, 2014. The Assembly welcomes the fact that in the current situation in Ukraine there is no immediate threat to the exercise of minority rights. At the same time, we urge the authorities to take the initiative in taking all possible measures that could strengthen the unity of the country and refrain from any statements or actions that introduce disagreements and which could undermine (or become a means of undermining) the national unity of the country. In this context, the Assembly regrets the decision of the Verkhovna Rada to repeal the law on the principles of state language policy, even if this decision was not adopted and did not enter into force.

12. The Assembly expresses concern about the increase in the number of credible reports of violations of the rights of ethnic Ukrainians and Crimean Tatars in Crimea, including regarding access to their homes after its accession to Russia. We urge the Russian authorities to do everything possible so that these violations are stopped immediately and that all those responsible are brought to justice. The report of the Advisory Committee of the Framework Convention for the Protection of National Minorities, prepared following a visit to Ukraine on March 21-26, 2014, indicates that native-speaking Crimean Tatars are at particular risk in Crimea. Fear and a sense of uncertainty are growing among Crimean Tatars, who have already suffered from deportation in their history. Concerns about their safety and availability, including for the exercise of cultural rights, property rights, the right to education, the use of language, should be properly addressed. In addition, international human rights monitors from the Organization for Security and Co-operation in Europe (OSCE) should fully gain access to the region.

13. Frequent and unsubstantiated reports of violations of minority rights in Ukraine, as well as negative coverage of the activities of the new government in Kiev by some national and international media, had a negative impact on interethnic relations in Ukraine, and ultimately affected unity and stability of the country. We call on all media to refrain from such unreasonable reports and to cover events in the country and its regions impartially and factually. We urge the authorities to refrain from any censorship of the media. We urge the Ukrainian authorities to reconsider the decision to stop broadcasting some television channels in the country and to refrain from any censorship of the media.

14. The Assembly regrets that the democratic changes in Ukraine were overshadowed by the events in Crimea. The Assembly strongly condemns the permission of the Council of the Federation of Russia to use military force in Ukraine, Russian military aggression and the subsequent annexation of Crimea, which is a clear violation of international law, including the United Nations Charter, the OSCE Helsinki Act and the Charter and the basic principles of the Council of Europe.

15. According to the Assembly, not one of the arguments used by the Russian Federation to justify its actions is not based on facts and evidence. There was no ultra-right control over the central government in Kiev, no immediate threat to the rights of the Russian ethnic minority in the country, including, or especially in Crimea. Given that neither separatism nor the idea of ​​joining the Russian Federation were widespread and had widespread support on the political agenda among the Crimean population prior to Russian military intervention, the Assembly believes that the desire for separation and integration into Russia was provoked and incited Russian authorities, under the guise of military intervention.

16. The so-called referendum, which was organized in Crimea on March 16, 2014, is unconstitutional under the constitutions of the Crimea and Ukraine. In addition, reports of the appearance and its results are implausible. The outcome of this referendum and the illegal annexation of Crimea by the Russian Federation, therefore, have no legal force and are not recognized by the Council of Europe. The Assembly reaffirms its strong support for the independence, sovereignty and territorial integrity of Ukraine. In connection with the denunciation by the Russian Federation of the agreements concluded with Ukraine in 1997 on the deployment of the Black Sea Fleet in Crimea, the Assembly calls on Russia to withdraw its troops from Crimea immediately.

17. The Assembly expresses deep concern about the buildup of a large number of Russian armed forces along the border with Ukraine, which may be a sign that the Russian Federation is considering further unprovoked military aggression against Ukraine, which is unacceptable.

18. Given the risk of destabilization and deterioration of the security regime of the entire region in the event of further Russian military aggression against Ukraine, the Assembly recommends that the countries that sign the Budapest Agreement, as well as other interested European states, consider the possibility of concluding agreements guaranteeing independence, sovereignty and territorial integrity Ukraine.