On September 16, 2014 Verkhovna Rada of Ukraine adopted the two Laws of Ukraine, aimed at the implementation of the Ukrainian President Petro Poroshenko`s peace plan and the results of a meeting of the Trilateral contact group in Minsk:
• The Law “On preventing persecution and punishment of participants of events on the territories of Donetsk and Luhansk Oblasts”;
• “On the special order of local self-government in separate regions of Donetsk and Luhansk Oblasts”.
More specifically, the Law "On preventing persecution and punishment of participants of events on the territories of Donetsk and Luhansk Oblasts" exempts from criminal responsibility those persons who committed crimes, stipulated by the Criminal Code of Ukraine, in the period since February 22, 2014 until the day of this Law coming into force, on the territories of Donetsk and Luhansk Oblasts where the anti-terrorist operation was conducted as well, who:
- were members of armed groups or involved in activity of such groups and/or
- participated in activity of the self-proclaimed bodies in Donetsk and Luhansk Oblasts or counteracted the anti-terrorist operation.
The Law is not applied to persons who:
- are suspects, accused (defendants) and did not fulfill actions stipulated by chapter two of article 1 of the Law, and/or
- are suspected or accused of having committed crimes stipulated by several articles of the Criminal Code of Ukraine, or are sentenced for committing crimes stipulated in these articles, and/or
- committed actions which led to the МН17 "Malaysia Airlines" plane crash on July 17, 2014 in Donetsk Oblast, and/or impeded the investigation of the plane crash.
The Law exempts from administrative responsibility those persons who committed administrative crimes, stipulated by the Code of Ukraine on Administrative Infringements, in the period since February 22, 2014 until the day of this Law coming into force, on the territories of Donetsk and Luhansk Oblasts where the anti-terrorist operation was conducted as well.
The law determines temporary, for the period of three years since enactment of the Law, procedure for organizing local self-government as well as activity of local bodies of self-government in separate regions of Donetsk and Luhansk Oblasts that encompass regions, towns, townships, and villages determined by the decision of the Verkhovna Rada of Ukraine.
It is established that Ukrainian legislation in some regions shall operate with consideration of peculiarities determined by the Law for the period of the introduced special order of local self-government.
The Law “On the special order of local self-government in separate regions of Donetsk and Luhansk Oblasts” determines temporary, for the period of three years since enactment of the Law, procedure for organizing local self-government as well as activity of local bodies of self-government in separate regions of Donetsk and Luhansk Oblasts that encompass regions, towns, townships, and villages determined by the decision of the Verkhovna Rada of Ukraine.
It is established that Ukrainian legislation in some regions shall operate with consideration of peculiarities determined by the Law for the period of the introduced special order of local self-government.
Specifically, the Law guarantees:
- Avoid prosecution, criminal and administrative liability and punishment of persons - participants of the events in the Donetsk and Lugansk regions, besides "prohibited discrimination, harassment and prosecution of the persons on the events that took place in Donetsk and Lugansk regions;
- The right to use Russian or any other language in public and private life, learning and support Russian and any other language, their free development and equality;
- No early termination of powers of local councilors and officials elected by special election scheduled on Verkhovna Rada of Ukraine by the proposed law (it is recommended to hold early local elections on December, 7 this year);
- Introduction of a special procedure for the appointment of heads of prosecution and courts, which involves local authorities in addressing these issues;
- To provide for the social and economic development of the Donbass, by introducing the law other than general economic regime of economic and investment activities aimed at rehabilitation and development facilities located in the separate areas.
Cabinet of the Ministers of Ukraine, Central Executive Authorities
will conclude with the relevant local authorities agreements on economic, social and cultural development of certain regions. In addition, the law provides the signing of agreements on economic, social and cultural development of certain areas.
The law also provides the strengthening and deepening of good-neighborly relations between the territorial communities and local authorities of some areas with the administrative-territorial units of the Russian Federation on the basis of cross-border cooperation agreements, that concluded by the local communities, local governments, local authorities and local communities Ukraine within the competence prescribed by Law.
On the territory of the antiterrorist operation, under the decision of the city, town and village councils will be created the units of the national police, which activities will be coordinated by the relevant mayor of the city, town or village.
It is assumed that people's policy units formed on a voluntary basis from among citizens of Ukraine, who permanently reside in their respective localities.
Abovementioned legislative acts, submitted to the Verkhovna Rada of Ukraine by the President of Ukraine Petro Poroshenko, should facilitate a peaceful settlement of the situation in the East of Ukraine.