In the first half of June, the Ukrainian Center for Independent Political Research gathered for you the key updates in the field of legislation related to the activities of civil society organizations:
- improvement of youth policy regulation;
- expansion of humanitarian aid goods;
- proposed changes in the field of lobbying.
Read more about these changes and find out how they will affect the work of CSOs.
Adopted legal acts
A law was adopted to improve the financial support mechanisms for implementing youth policy. Importantly, the law is now awaiting the President's signature
What the law is about: The document aims to improve and update the regulation of youth policy, adapting it to modern realities: preparations for post-war recovery and Ukraine's accession to the EU. The law also regulates the procedure for providing financial support to youth centers, NGOs, and national youth councils.
Among the changes that CSOs should pay attention to:
- expanded the concept of a grant in the field of youth policy by allowing such grants to be provided not only at the expense of the state and/or local budgets, international technical assistance (as a budget subsidy), but also at the expense of voluntary contributions from individuals and legal entities, including foreign ones, and other sources not prohibited by law;
- The Ukrainian Youth Foundation's tasks are limited to providing grants and implementing certain youth policy tasks and activities defined by state-targeted programs. The Foundation will publish information about the projects it supports in the public domain.
- Expanded opportunities for youth and children's CSOs: from now on, they can cooperate with government agencies, non-governmental organizations, youth centers, and other youth institutions of foreign countries, and international organizations on issues related to the scope of activities of such organizations.
Why it is important: Updating the legislation in the field of youth policy opens up new opportunities for youth NGOs. They will be able to attract funding from a broader range of sources, including charitable contributions and international assistance, which creates an opportunity to expand the number of supported youth projects and strengthen the organizational capacity of youth NGOs. The right to global cooperation is expanded, allowing organizations to join programs and partnerships abroad. The transparency of the Ukrainian Youth Foundation's work is also increasing, contributing to fairer grant access. Thanks to the advocacy efforts of the civic sector, in particular specialized NGOs, the law was finalized and improved.
The President has signed a law expanding the list of vehicles that can be provided as humanitarian aid
It is important to note that the provisions of the law will become effective two months after they come into force, on August 7 this year.
What the law is about: The law stipulates that municipal enterprises that provide road transportation and/or urban electric transport services are recognized as recipients of humanitarian aid. The draft law also defines which types of transport can be considered humanitarian aid in such cases. It prohibits their alienation or transfer for use to persons who are not recipients of humanitarian aid. The procedure for transferring such aid in such cases will be further regulated by the Cabinet of Ministers of Ukraine.
Why it is important: The law allows municipal transportation companies to receive certain types of transport in the form of humanitarian aid and use them for passenger transportation. Such a step can help improve the accessibility of public transport, especially in regions that have suffered destruction, and ensure the continuity of transportation.
Registered legal acts
Draft laws amending lobbying legislation have been registered
The lawmakers propose clarifying specific provisions of the Law of Ukraine “On Lobbying” through draft laws 13339 and 13339-1, and to amend the liability for violating lobbying legislation.
What the draft laws are about: The documents contain the following proposals:
- To change the concept of commercial interest, clarifying its particular elements, such as “benefits”, “intangible benefits”, it is also proposed to extend the idea of commercial interest to state aid and intangible assets;
- to exclude from the scope of the Law the activities of representative offices or separate subdivisions of CSOs, other non-profit enterprises, institutions, and organizations;
- the exemptions from lobbying activities include the provision by an interested person at the request of a lawmaker or lawmaking initiative of their conclusions on a regulatory act or its draft, participation of such person in public events held by the subject, provision of consultations and technical assistance, other support of the lobbying subject's activities carried out by a person who is in labor or civil law relations with the lobbying subject, except those specified by law.
- to allow foreign legal entities - lobbying entities that have the status of non-profit under the legislation of a foreign state and operate in Ukraine through their representative office or separate subdivision by law - to conduct lobbying without concluding a lobbying agreement;
- lobbying on behalf of a legal entity - lobbying subject may also be carried out by individuals authorized to do so by the constituent and/or internal documents of the legal entity - lobbying subject, without concluding a lobbying agreement;
- termination/suspension of the status of a lobbying subject is possible by sending an electronic request through the Transparency Register;
- to provide consultations and technical assistance during lobbying, and otherwise support the lobbying entity's activities, the lobbying entity may engage persons who are in labor or civil legal relations with it;
- to remove the obligation of lobbying entities to remain fully liable to the client for breach of the agreement when entrusting lobbying to another entity;
- introduces the concept of a lobbying request;
- establishes administrative liability for failure to respond to a lobbying request, or unlawful refusal to accept and consider a lobbying request.
Why it is important: The draft laws introduce several changes to the current lobbying legislation that directly relate to civil society organizations, especially those engaged in advocacy. These changes attempt to regulate the areas of responsibility, clarify the boundaries of lobbying, and introduce new interaction mechanisms between lobbying entities and the authorities. The draft laws generally contain constructive initiatives that promote transparency and regulation of lobbying activities. Still, civil society organizations should be vigilant to prevent restrictions on freedom of participation in the democratic process under the guise of lobbying regulation.
The digest is produced by NGO “Ukrainian Center for Independent Political Research” with the support of the Askold and Dir Fund as a part of the the Strong Civil Society of Ukraine - a Driver towards Reforms and Democracy project, implemented by ISAR Ednannia, funded by Norway and Sweden. The contents of this publication are the sole responsibility of UCIPR and can in no way be taken to reflect the views the Government of Norway, the Government of Sweden and ISAR Ednannia.
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