MOTION FOR A RESOLUTION on current developments in Ukraine

24.10.2011

to wind up the debate on the statement by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy
pursuant to Rule 110(2) of the Rules of Procedure

Hannes Swoboda, Kristian Vigenin, Marek Siwiec, Pavel Poc on behalf of the S&D Group

See also joint motion for a resolution RC-B7-0543/2011

B7‑0552/2011

European Parliament resolution on current developments in Ukraine

The European Parliament,

–   having regard to its previous resolutions on Ukraine, in particular its resolution of 25 February 2010 and 25 November 2010,

–   having regard to the Joint Declaration on the Eastern Partnership launched in Prague on 7 May 2009 and the Joint Declaration of the Eastern Partnership Summit which took place on 29/30 September 2011 in Warsaw,

–   having regard to the Partnership and Cooperation Agreement (PCA) between the European Union and Ukraine, which entered into force on 1 March 1998, and to the ongoing negotiations on the Association Agreement (AA), including a Deep and Comprehensive Free Trade Agreement, designed to replace the PCA,

–   having regard to the EU-Ukraine Association Agenda, replacing the Action Plan and endorsed by the EU-Ukraine Cooperation Council in June 2009,

–   having regard to the agreement between the European Community and Ukraine on visa facilitation, signed on 18 June 2007, which entered into force on 1 January 2008, and the EU-Ukraine visa dialogue launched in October 2008,

–   having regard to the National Indicative Programme 2011-2013 for Ukraine,

–   having regard to the results of recent EU-Ukraine Summits, including the recognition by EU-Ukraine 2008 Summit in Paris of Ukraine as a European country which shares a common history and common values with the countries of the European Union, and the conclusions of EU-Ukraine Summit held in Kiev on 4 December 2009,

–   having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and Commissioner Füle with regard to the case of Yulia Tymoshenko,

–   having regard to Resolution 1755 of the Parliamentary Assembly of the Council of Europe on 5 October 2010, on the functioning of democratic institutions in Ukraine,

–   having regard to the bill adopted by the Verkhovna Rada on 7 April 2011 on preventing and tackling corruption which has come into effect on 1 July 2011,

–   having regard to Rule 110(2) of its Rules of Procedure,

A. whereas Ukraine is a European state and, pursuant to Article 49 of the Treaty on European Union, may apply for membership of the EU like any European state that adheres to the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law;

B.  whereas the EU favours a stable and democratic Ukraine that respects the principles of the social market economy, the rule of law, human rights and the protection of minorities and that guarantees fundamental rights; whereas Ukraine's domestic political stability, its focus on internal reform and the respect for the rule of law, incorporating fair, impartial and independent legal processes is a prerequisite for the further development of relations between the EU and Ukraine;

C. whereas on 24 May 2011 the Prosecutor Genera’s Office of Ukraine accomplished the investigation into the case against former Prime-minister of Ukraine Mrs Yulia Tymoshenko and brought charges of the abuse of power during the conclusion of gas contracts with the Russian Federation in the year 2009;

D. whereas Mrs Tymoshenko was detained on 6 August 2011 because of contempt of court and kept in prison since;

E.  whereas Mrs Tymoshenko was on 11 October 2011 convicted of exceeding her powers while in office and sentenced to a prison term of seven years, the reimbursement to the state of $188 million in losses caused by the gas contract, a ban from seeking elected office for her period of imprisonment and the order to perform three years of public service work in prison;

F.  whereas a new criminal case was opened against Mrs Yulia Tymoshenko on 12 October 2011 for laying the burden of the debts of the UESU corporation on the Ukrainian budget: whereas the reason for launching this new criminal case against the former Ukrainian prime minister was a letter from the Russian Defence Ministry to the Cabinet of Ministers of Ukraine, which requested the Ukrainian state for repaying the corporation's debt of $405.5 million;

G. whereas the former Interior Minister Yuriy Lutsenko was arrested, being accused of ‘abuse of power, resulting in grave consequences’ and ‘appropriation of state property through abuse of authority’, and has been imprisoned since 27 December 2010;

H. whereas a growing number of officials is facing criminal accountability, including former government ministers but mostly (deputy) heads of state departments and inspectorates, heads of sub-units of law-enforcement agencies, judges of district courts and heads of local authorities;

I.   whereas the European Union continues to underline the need for respect for the rule of law, incorporating fair, impartial, independent and transparent legal processes, whilst avoiding the danger of provoking any perception that judicial measures are being used selectively; whereas these principles are considered to be of greater importance in a country which aspires to enter into a deeper contractual relationship with the European Union built upon political association;

J.   whereas the negotiations on a Deep and Comprehensive Free Trade Agreement have been successfully concluded; whereas this creates; whereas this creates the basis for the successful conclusion of an Association Agreement with Ukraine before the end of this year;

1.  Expresses its disappointment about the conviction of the former Ukrainian Prime Minister and leader of the opposition, Mrs Yulia Tymoshenko to a heavy sentence of 7 years imprisonment, the ban from holding public office for the period of her imprisonment and the obligation to repay to the state the losses incurred by Naftogaz;

2.  Expresses its sincere concern over the continued detainment of the former Minister of the Interior, Mr Yuri Lutsenko, without a sentence having been pronounced in his trial;

3.  Stresses that these and other trials clearly show the need to modernise as a matter of urgency the outdated judicial system in Ukraine; insists that the reform of the judicial system takes full account of the recommendations of the Venice Commission;

4.  Calls in particular on the Ukrainian authorities to avoid any perception that judicial proceedings are used selectively, and insists that a maximum transparency of investigations, prosecutions and trials must be guaranteed; calls at the same time on all political forces of Ukraine to fully refrain from any interference in the work of the Prosecutor General's office;

5.  Welcomes therefore the modifications proposed by the President of Ukraine for the decriminalisation of certain paragraphs of the penal code with regard to economic criminal acts and their adoption by the Verkhovna Rada;

6.   Expresses, however, its deep regret that these proposed changes do so far not include the decriminalisation of Article 365 of the penal code, which constituted the basis for the conviction of Mrs Tymoshenko;

7.  Urges the Verkhovna Rada to decide as soon as possible on a modification of Article 365 of the penal code to establish the basis for a decriminalisation of the political decision making process by excluding that those bearing political responsibility can not be tried on the basis of this article;

8.  Urges all political forces in Ukraine to conduct a fair and transparent discussion about the process of political decision making; insists that investigations into possible failures in the political decision making process should be carried out by a parliamentary enquiry committee which can refer noted cases of serious misconduct by high political officials to the highest court of the country;

9.  Insists that all judicial proceedings against former and current high officials of the government will be conducted in accordance with the standards of fairness, impartiality, transparency and independence of the Member States of the European Union;

10. Calls on all institutions of the European Union to give their fullest support to the reforms of the judicial systems in Ukraine; calls in this framework on the Commission to assist the judiciary reform in Ukraine by making better use of the Capacity building program of the EU and to consider the creation of a High Level EU Advisory Group to Ukraine to assist the country in its efforts to align with EU legislation, including the judiciary;

11. Welcomes the repeated statements by the Ukrainian political and state leadership on its aspirations with regard to the path of European integration and its long-term ambition to become a Member State of the European Union;

12. Stresses the great importance of Ukraine’s European integration process for the pursuance of economic, social, legal and political reforms in Ukraine; stresses that substantial progress on internal reform and respect for the rule of law, incorporating fair, impartial, transparent and independent legal processes is essential for the further development of relations between the EU and Ukraine;

13. Welcomes the agreement that has been reached on the conclusion on a Deep and Comprehensive Trade Agreement; considers this agreement as a solid basis for the finalisation of the negotiations on an Association Agreement between the European Union and Ukraine, responding to Ukraine's aspirations with regard to its path of European integration and its possibilities as a European state to apply, pursuant to Article 49 of the Treaty on European Union, for membership of the EU like any European state that adheres to the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law;

14. Expresses its wish that this Association Agreement can be initialised at the EU/Ukraine Summit which is scheduled to take place at the end of this year; emphasises that substantial progress on internal reform and respect for the rule of law, incorporating fair, impartial, transparent and independent legal processes in Ukraine is essential for the final signing, implementation and ratification of the agreement;

15. Insists that a continued and intensified dialogue between representatives of all institutions of the European Union and the government and parliament of Ukraine is of the greatest importance to achieve further progress in Ukraine's European integration process;

16. Instructs its President to forward this resolution to the Vice-President of the Commission/ High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the Government and Parliament of Ukraine and the Parliamentary Assemblies of the Council of Europe and the OSCE.