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PACE confirmed the legitimacy of the leadership of Ukraine and declared the annexation of Crimea illegal. 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 with its full complement left the meeting room of the Parliamentary Assembly of the Council of Europe (PACE), where the discussion of its powers took place.

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, early parliamentary elections and fighting 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 Ukraine’s borders.

This is stated in the Resolution No. 1988 (2014) of PACE "Recent events 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 Kiev’s Maidan from 18 to 20 February 2014, which led to the death 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-terrorism 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 strongly condemns the use of snipers and firearms against demonstrators by the Ukrainian authorities. Such measures are unacceptable. All deaths and all human rights violations related to protests on Euromaidan should be fully investigated, and criminals, including those who gave the command, should be brought to justice. Human rights violations should not go unpunished, regardless of the identity of the perpetrators. At the same time, it is important that this investigation be impartial, not politically motivated or a desire for revenge. The investigation must be carried out transparently and in full compliance with the requirements of Article 6 of the European Convention on Human Rights. A 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, she was able to change power and ensure the implementation of the basic agreements on February 21, 2014. They were executed 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 government has 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 further measures by the authorities to protect Ukrainian citizens from corruption in all public 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 reiterates its proposals on these amendments, which have already been made public in PACE resolutions, when the amendments first came into force. Further constitutional reform should be carried out immediately. The Assembly calls on the Verkhovna Rada to unite the necessary constitutional amendments without delay, in order to improve the balance between the power of the president and the legislative branch; bring the Constitution in line with Council of Europe standards and principles. The Assembly welcomes the intention of all political forces in Ukraine to introduce these amendments in the first reading before the presidential elections and in general with the beginning of the 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 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 central government level. 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 single electoral code and a regional proportional electoral system, as the Assembly and the Venice Commission have recommended. In order to implement this code without delay, the Assembly recommends that the Verkhovna Rada develop it on the basis of a draft prepared by Klyuchkovsky’s working group, which includes 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, large-scale judicial reform and the decentralization of power, including the strengthening of local and regional institutions of government, also require early consideration and implementation.

9. Unfortunately, recent events have increased the division between the east and west in the country and led to an increase in mistrust between the population 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 west of Ukraine. Therefore, we recommend the authorities to develop a comprehensive and comprehensive strategy to strengthen local and regional authorities, and decentralize management. 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 powers to local and regional communities. The Assembly strongly opposes any ideas of federalization of Ukraine and any external pressure from outside in order to implement 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 judiciary have long been a concern of the Assembly. The far-reaching reforms of the judiciary should be implemented immediately. The Assembly reaffirms its recommendations made in previous resolutions, which remain in force. The Assembly stresses 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 Consultative 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 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 cause controversy 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 the state language policy, even if this decision was not made and did not come into effect.

12. The Assembly is concerned about the increasing number of credible reports of violations of the rights of ethnic Ukrainians and Crimean Tatars in Crimea, including access to their homes, after its accession to Russia. We urge the Russian authorities to do everything possible so that these violations are immediately stopped, and to bring all those responsible to justice. The Report of the Consultative Committee of the Framework Convention for the Protection of National Minorities, prepared on the basis of a visit to Ukraine from March 21-26, 2014, states that Crimean Tatars speaking the native language are at particular risk in Crimea. There is growing fear and a sense of uncertainty among the Crimean Tatars, who have already suffered deportation in their history. Concerns about their security and the availability of opportunities, including for the exercise of cultural rights, property rights, education rights, language use, should be properly addressed. In addition, international human rights monitors from the Organization for Security and Cooperation 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, have had a negative impact on inter-ethnic relations in Ukraine, and ultimately affected unity and stability of the country. We urge all media to refrain from such unfounded reports and to cover events in the country and its regions impartially and effectively. We urge the authorities to refrain from any censorship of the media. We call on the Ukrainian authorities to reconsider the decision to cease broadcasting of certain television channels in the country and to refrain from any censorship of the media.

14. The Assembly expresses its regret that the democratic changes in Ukraine were overshadowed by the events in Crimea. The Assembly strongly condemns the permission of the Council of 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. In the opinion of the Assembly, none of the arguments used by the Russian Federation to justify its actions is based on facts and evidence. There was neither ultra-right control of the central government in Kiev, nor an immediate threat to the rights of the Russian ethnic minority in the country, including, or especially, in Crimea. Considering that neither separatism nor the idea of ​​joining the Russian Federation were spread and did not have broad support on the political agenda among the population of Crimea before the Russian military intervention, the Assembly believes that the desire for separation 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 Crimea on March 16, 2014, is unconstitutional according to the constitutions of 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 the 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 deep concern over 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 the issue of 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 signed the Budapest Agreement, as well as other interested European states, consider the possibility of concluding agreements guaranteeing independence, sovereignty and territorial integrity. Of Ukraine.