Loud statements of the politicians that Ukraine would receive the visa-free regime with the EU soon regularly provoke massive discussions in Ukraine’s media field. Although the statements of this nature in their majority lack of competence and responsibility – they result in exaggerated expectations with the public and form improper perception of the core and content of the processes which have to lead to lifting of the visa regime for Ukrainians by the EU.
The Civic Initiative «Europe without Barriers» has started the public monitoring of the Ukraine’s progress of the Visa Liberalisation AP implementation, which is supported by the IMF European Programme.
The presentation of the first phase coincided in time with visit to Ukraine of the EU Commissioner Cecilia Malstrom who is in charge of the Internal Affairs and who is chairing the EU side at the ministerial EU-Ukraine meetings on Justice and Home Affairs. Perhaps this format of the EU-Ukraine cooperation will focus mainly on the ways of visa-free regime attaining in the nearest future.
First presented results and assessments were commented on by the Ukrainian MFA’s EU Department at the premises of the "Ukrinform" news agency on 15 June 2011.
Having received the Visa Liberalisation AP Ukraine has got a very clear list of conditions which if met allows the EU to lift the visa regime for the Ukrainian nationals. The country’s top management has several times underlined that this is one of the key priorities of the relations with the EU. It has been even declared that Ukraine would try to fulfil the major indicators in the first half of 2011. At the time Ukraine is in the process of implementation of the first legal-planning phase of the AP, although the public opinion covers the whole set of measures, institutional development and implementation of early adopted norms in particular. At the end of June the EC is to publish the first report on Ukraine’s implementation of the Visa Liberalisation AP.
The results of first six months of the AP implementation prove positive dynamics, but induce some prudent assessment in general.
The Visa Liberalisation AP implementation during the first six months could be easily divided into two phases: first one – before the adoption of the National Action Plan (NAP) on the Visa Liberalisation AP implementation (22 April) and second – after the NAP adoption. This second phase is in progress now.
During the first phase major efforts were focused mainly on finalising the NAP’s text, and the progress of the Visa Liberalisation AP’s benchmarks implementation was too slow and fragmented.
During the second phase and at the end of May – beginning of June particularly, there appeared certain signs of the accelerated performance in the part of the Visa Liberalisation AP’s legal sphere, the Cabinet of Ministers submitted a set of highly important draft laws to the Parliament, and some act which had been submitted earlier were considered by the MP’s.
Just during the last three weeks:
• The Draft Law of Ukraine "On the Person’s Identification Documents and Certifying the Ukraine’s Nationality" – was submitted to the Parliament. (The draft law is a considerable move forward but needs finalising. In particular it lacks a clear definition of the format of the Ukrainian citizen’s ID, and the reformation of the Child Travel Document and Driving License are not settled)
• There was submitted the Draft Law "On the Legal Status of Foreigners and Stateless Persons".
• The Draft Law "On the Refugees and Persons who Require Complementary or Provisional Protection was passed by the parliament in the first reading (02.06.2011)
• Second additional protocol to the European Convention on Mutual Assistance in Criminal Matters was ratified on 2 June 2011.
• The President signed a Decree enacting the State Migration Policy’s Concept.
One should note among the earlier passed acts:
The Plan of Activities as regards the implementation of the Integrated Border Management Concept.
The President signed the Law of Ukraine "On the Principles of Prevention and Counteraction to Corruption".
There were endorsed (through the Presidential Decrees) the issues which regulate the activities of the State Service for Protection of Personal Data and State Migration Service, although the process of the services setting up has not been completed yet. There is a particular lag as regards the State Service for Protection of Personal Data. As at today (June 2011) the personal data protection system in Ukraine has not been established, although the relevant Law entered into force on 1 January 2011. It impedes conclusion of agreement with the Eurojust and operation agreement with the Europol.
There is lack of an integral picture of adoption of comprehensive antidiscrimination legislation and the law of Ukraine on electronic register of the citizens of Ukraine.
In general Ukraine has made certain progress in terms of implementation of the Visa Liberalisation AP, especially at the end of May – first half of June, but more tangible results could have been reached in six months.
The risks connected to further Visa Liberalisation AP implementation:
• Bureaucracy and narrow institutional interests
• Institutional Capacities (especially of the newly established bodies)
• Scarce budget funding
• Negative general policy dynamics (human rights, basic freedoms)
Forecast: completion of the first phase of the AP by the end of 2011 – beginning 2012 (optimistic scenario), or mid 2012 (conservative scenario). The second phase would take much more time.
