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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 19, 2017 No. 281

About formation of the Interdepartmental commission concerning departure of Ukraine from obligations under the International Covenant on Civil and Political Rights and the Convention on human rights protection and fundamental freedoms

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 16.12.2020 No. 1267)

For the purpose of the solution of the questions connected with departure of Ukraine from obligations under the International Covenant on Civil and Political Rights and the Convention on human rights protection and fundamental freedoms, the Cabinet of Ministers of Ukraine decides:

1. Form the Interdepartmental commission concerning departure of Ukraine from obligations under the International Covenant on Civil and Political Rights and the Convention on human rights protection and fundamental freedoms in structure according to appendix.

2. Approve Regulations on the Interdepartmental commission concerning departure of Ukraine from obligations under the International Covenant on Civil and Political Rights and the Convention on human rights protection and fundamental freedoms which is applied.

Prime Minister of Ukraine

V. Groysman

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of April 19, 2017 No. 281

Structure of the Interdepartmental commission concerning departure of Ukraine from obligations under the International Covenant on Civil and Political Rights and the Convention on human rights protection and fundamental freedoms

The deputy minister of justice concerning the European integration, the commission chairman

Deputy minister of foreign affairs, vice-chairman of the Commission

The deputy minister of justice is the Representative for cases of the European Court of Human Rights, the vice-chairman of the Commission

The deputy director of department - the head of department of legal cooperation with the international organizations of Department of international law of Ministry of Justice, the secretary of the Commission

Deputy minister of internal affairs

The deputy minister concerning reintegration of temporarily occupied territories concerning the European integration

The deputy defense secretary concerning the European integration

Vice-chairman of State frontier service

Vice-chairman of National police

The deputy attorney general of Ukraine (in coordination)

The vice-chairman of the SSU (in coordination)

The deputy chief of the General Staff of Armed Forces (in coordination)

The member of the committee of the Verkhovna Rada of Ukraine on foreign policy and inter-parliamentary cooperation (in coordination)

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 19, 2017 No. 281

Regulations on the Interdepartmental commission concerning departure of Ukraine from obligations under the International Covenant on Civil and Political Rights and the Convention on human rights protection and fundamental freedoms

1. The interdepartmental commission concerning departure of Ukraine from obligations under the International Covenant on Civil and Political Rights and the Convention on human rights protection and fundamental freedoms (further - the Commission) is temporary advisory advisory body of the Cabinet of Ministers of Ukraine.

The commission performs the activities on permanent basis before complete cessation of the armed aggression of the Russian Federation, conclusion of all illegal armed groups which are guided, controlled and financed by the Russian Federation, the Russian occupational troops, their military equipment from the territory of Ukraine, recovery of complete control of Ukraine of frontier, recovery of constitutional order in the occupied territory of Ukraine and in certain districts of the Donetsk and Luhansk regions in the territory of which public authorities temporarily do not perform the powers.

2. The commission in the activities is guided by the Constitution and the laws of Ukraine, and also the presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine and this Provision.

3. The main objectives of the Commission are:

1) consideration of the questions connected with territorial application of provisions concerning departure of Ukraine from obligations under the International Covenant on Civil and Political Rights (further - the Pact) both the Convention on human rights protection and fundamental freedoms (further - the Convention);

2) consideration of the staticized information on security status of situation (escalation/de-escalation of situation, feature of operational and military situation, application of the laws and regulatory legal acts which contain provisions, departure from obligations under the Pact and the Convention) and to situation in the field of human rights around conducting anti-terrorist operation and/or implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation.

4. The commission according to the tasks assigned to it:

1) No. 1267 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.12.2020

2) submits to the Cabinet of Ministers of Ukraine proposals concerning ways of ensuring compliance with human rights in the territory of settlements which passed under control of public authorities owing to their dismissal;

3) is determined by the mechanism of assessment of level of respect for human rights in the territory of settlements which passed under control of public authorities as a result of their dismissal;

4) is carried out by the analysis of situation around conducting anti-terrorist operation and/or implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation for the purpose of determination of feasibility of expansion/narrowing/cancellation of departure of Ukraine from separate liabilities under the Pact and the Convention;

5) is carried out by the analysis of regulatory legal acts regarding availability in them of the provisions departing from separate liabilities of Ukraine in the sphere of human rights submits to the Cabinet of Ministers of Ukraine proposals concerning introduction of changes in them, recognition their invalid, suspensions of their action and so forth, and also in case of need offers of rather corresponding informing the UN Secretary General and the Secretary general of the Council of Europe;

6) No. 1267 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.12.2020

5. The commission has the right:

To receive 1) in accordance with the established procedure from central and local executive bodies, local government bodies, the companies, organizations and the organizations information necessary for accomplishment of the tasks assigned to it;

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