PACE confirmed the legitimacy of the leadership of Ukraine and recognized the illegal 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 Russian delegation left the session hall of the Parliamentary Assembly of the Council of Europe (PACE), where the question of its powers was discussed.
The Parliamentary Assembly of the Council of Europe confirms the legitimacy of the new leadership of Ukraine, calls for judicial and constitutional reform, hold extraordinary parliamentary elections and combat corruption. The PACE also does not recognize the annexation of the Crimea and calls on Russia to withdraw troops from the Crimea (including the Black Sea Fleet) and withdraw troops from Ukraine's borders.
This is stated in resolution No. 1988 (2014) of the PACE "Recent Developments in Ukraine: Threats to the Functioning of Democratic Institutions" adopted on April 9. Below is the link to the unofficial translation of the text of the resolution, the League reports.
1. The Parliamentary Assembly deeply regrets the dramatic events on the Kiev Maydan on February 18-20, 2014, which led to the death of more than 100 protesters and 17 police officers also regretted that the escalation of violence was more the result of the brutal measures of the authorities, including the so-called The anti-terrorist campaign, designed to disperse the EuroMeidan. These measures contradicted 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 Ukrainian authorities of snipers and firearms against demonstrators. Such measures are unacceptable. All deaths and all human rights violations related to the protests in EuroMaidan should be fully investigated, and criminals, including those who gave commands, are brought to justice. Violations of human rights should not go unpunished, regardless of the personalities of violators. At the same time, it is important that this investigation is impartial, not motivated politically or by the 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 meeting these requirements.
3. The Verkhovna Rada of Ukraine played an important and constructive role in resolving the crisis when, joining forces and reaching a consensus, it was able to change its power and ensure the implementation of the basic agreements on February 21, 2014. They were carried out 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 question the legitimacy of the new authorities, which can only lead to destabilization of the state.
4. The Assembly considers that the new political environment, which was formed as a result of the events on the Maidan between 18 and 21 February, and the change of power opened a window of opportunities for the democratic development of Ukraine. This window of opportunity is now important to use to establish a truly democratic and inclusive governance system that will become a guarantee and a way to strengthen the country's unity. 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 social structures.
5. The Assembly draws attention to the constitutional amendments of 2004, which were again enacted by the constitutional majority of the Verkhovna Rada. In this regard, the Assembly again expresses its proposals on these amendments, which were already promulgated in the PACE resolutions, when the amendments first came into force. Further constitutional reform should be carried out immediately. The Assembly calls on the Verkhovna Rada right now, joining forces, without delay, to introduce the necessary constitutional amendments to improve the balance between the power of the president 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 implement these amendments in the first reading before the presidential elections and, in general, with the start 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 drafts of the 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 like 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 underrepresented in the Verkhovna Rada and at the level of the central government. To ensure the full representativeness of the Verkhovna Rada, which, in turn, will ensure the unity and stability of the country, it is necessary to hold early parliamentary elections as soon as it is technically and politically possible.
7. The next parliamentary elections should be held on the basis of a new single electoral code and a regional proportional electoral system, as the Assembly and the Venice Commission have already recommended. In order to implement this code without delay, the Assembly recommends that the Verkhovna Rada develop it on the basis of a project prepared by the working group of Klyuchkovsky, 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, also requires a speedy review and implementation of large-scale 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 led to an increase in distrust between the population of both parts. In the Assembly's opinion, the division is mainly of political origin, despite the obvious historical and cultural differences between the east and west of Ukraine. Therefore, we recommend that the authorities develop a comprehensive and comprehensive strategy to strengthen local and regional authorities, decentralize governance. Such a decentralization strategy should be based on the principles of a strong unitary state with an effective central management system and delegation of responsibilities and authority to local and regional communities. The Assembly resolutely opposes any ideas of federalization of Ukraine and any external pressure from outside with a view to effecting federalization in the future, since this will significantly weaken the unity and stability of the country.
10. The lack of independence of the judiciary and structural deficiencies in the judicial system have long been a source of concern for the Assembly. Far-reaching reforms of the judiciary must be immediately implemented. The Assembly reiterates its recommendations made in previous resolutions, which remain in force. 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 conclusions of the Advisory Committee of the Framework Convention for the Protection of National Minorities, which visited Ukraine from 21 to 26 March 2014. The Assembly welcomes the fact that, in the current situation, there is no immediate threat to the exercise of minority rights in Ukraine. At the same time, we urge the authorities to take the initiative in taking all possible measures that could strengthen the country's unity and refrain from any statements or actions that cause disagreement and which could undermine (or become a means of undermining) the national unity of the country. In this context, the Assembly deplores 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 come into effect.
12. The Assembly is concerned about the increase in the number of reliable reports of violations of the rights of ethnic Ukrainians and Crimean Tatars in the Crimea, including access to their homes, following its accession to Russia. We call on the Russian authorities to do everything possible to stop these violations immediately, and bring all those responsible 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 speakers of the native language of the Crimean Tatars are particularly at risk in the Crimea. There is growing fear and a sense of uncertainty among the Crimean Tatars, who have already suffered from deportation in their history. Fears about their safety and the availability of opportunities, including for the exercise of cultural rights, property rights, the rights to education, the use of language, should be properly considered. In addition, international human rights monitors from the Organization for Security and Cooperation in Europe (OSCE) should fully access the region.
13. Frequent and unreasonable reports of violations of minority rights in Ukraine, as well as negative coverage of the activities of the new government in Kyiv, by some national and international media, had a negative impact on inter-ethnic relations in Ukraine, and ultimately affected unity and stability of the country. We urge all media outlets to refrain from such unreasonable reports and to cover the events in the country and its regions impartially and in fact. We call on the authorities to refrain from any censorship of the media. We call on the Ukrainian authorities to reconsider the decision to stop the broadcasting of some TV channels in the country and refrain from any censorship of the media.
14. The Assembly regrets that the democratic changes in Ukraine were marred by events in the Crimea. The Assembly strongly condemns the decision of the Federation Council of Russia to use military force in Ukraine, the Russian military aggression and the subsequent annexation of the Crimea, which is a clear violation of international law, including the Charter of the United Nations, the Helsinki Act of the OSCE and the Charter and the basic principles of the Council of Europe.
15. In the Assembly's opinion, none of the arguments used by the Russian Federation to justify its actions are based on facts and evidence. There was no establishment of ultra-right control over the central government in Kiev, nor an immediate threat to the rights of the Russian ethnic minority in the country, including, or especially, in the Crimea. Given that neither separatism nor the idea of joining the Russian Federation was widespread and did not have broad support on the political agenda among the population of Crimea prior to Russian military intervention, the Assembly believes that the desire for secession and integration into Russia was provoked and instigated the Russian authorities, under the guise of military intervention.
16. The so-called referendum, which was organized in the Crimea on March 16, 2014, is unconstitutional under the constitutions of the Crimea and Ukraine. In addition, reports of turnout 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 agreements concluded with Ukraine in 1997 on the deployment of the Black Sea Fleet in the Crimea, the Assembly calls on Russia to withdraw its troops from the Crimea immediately.
17. The Assembly expresses its deep concern over the build-up of a large number of Russian armed forces along the border with Ukraine, which may be a sign that the Russian Federation is considering the issue of further unprovoked military aggression against Ukraine, which is unacceptable.
18. Given the risk of destabilization and the deterioration of the security regime of the whole region in the event of further Russian military aggression against Ukraine, the Assembly recommends that the countries that signed the Budapest Agreement, as well as other interested European states, consider the possibility of concluding agreements guaranteeing independence, sovereignty and territorial integrity Ukraine.