Therefore it’s a good time to share my own assessment of how far we have gone with the European integration, which is a key task set for me by the president.
The European integration has been too often regarded a hostage of the so-called “selective justice” cases. Meanwhile, a lot of work that has been done to implement Ukraine’s commitments to the European integration process has been very often just ignored by foreign or internal observers.
Just like about anything in life, the process of Ukraine’s EU integration is not pure black or white. There is progress recognized by our European partners, and there are shortcomings.
I would like to look at them in more detail.
Progress towards a visa free regime
Visa free regime with the EU is of huge priority for too many Ukrainians. Therefore I am proud that today we are about to finalize implementation of the first part one of the EU visa liberalization action plan for Ukraine. Last week two key pieces of legislation were passed by the Rada, including complex regulation for introduction of biometric passports. The ongoing heated debate around this issue proves that there is a strong need for modern identity documents in our society. The relevant law will allow us to make a decisive step in this direction. However, further improvements will be needed, too.
Amendments to the laws on refugees and persons in need of subsidiary or temporary protection were also adopted. The procedure for registration of residence and temporary residence of individuals in Ukraine has been amended. In 2012, a number of laws was adopted that facilitate migration and protection of refugees. Actions in combating human trafficking have been taken, and a state social program on countering illicit human trafficking was adopted for the period of 2012-2015.
I expect that now the EU will prepare a report on Ukraine’s achievements in this area, and hope that next year we will successfully implement these laws, enabling introduction of a visa-free regime for Ukrainians.
Association with EU
Another big achievement in EU – Ukraine relations in 2012 is initialing of the association agreement with the EU on March 30; verification of all details of the free trade agreement was completed by July 20.
The agreement is important from different points of view, but I would like to mention two specific aspects. First of all, the Association Agreement itself is an instrument to strengthen European values in Ukraine. We might not be a perfect democracy, but it is only practice, everyday practice which makes it perfect. Movement in the right direction with the right norms and regulations as well as benchmarks can help Ukraine to come closer to the best practices. Encouragement, not discouragement can make a real difference needed by our society and our friends abroad.
Another aspect is a deep and comprehensive free trade area, which I assess as a “point of no return” for the European integration not only for Ukraine, but for the whole of region. In the time of economic and financial difficulties the DCFTA is a chance for both – the EU and Ukraine.
Upcoming elections, along with new legislation that moves us closer to the European norms, especially in the field of judiciary, hopefully will generate a push needed for signing the Association Agreement.
Closer ties with EU
European integration is a huge driving force for reform. For example, the government on Sept. 3 approved a concept for public finances management reform, which will bring vital changes in public procurements and help fight corruption. At our request, last month the Constitutional Assembly approved draft law on changes to the Constitution concerning the reform of the Accounting chamber, the parliament’s budget control body. It helps bring public finance management in line with international standards and should unfreeze EU macro-financial assistance. These were clear demands from the EU and I think they helped us mobilize support to these important changes.
There is a lot more to come as Ukraine adopted a plan for adjusting its laws to the EU standards, and it’s being carried out. The framework strategy for customs cooperation between Ukraine and the EU has been approved. It encourages greater information exchange and introduction of an effective risk management system in combating customs violations.
Regarding adjustment to the EU standards, I believe that reforming the judicial system and legislation is vital for Ukraine and, if unresolved, would obstruct any kind of progress.
That is why it’s crucial that the new code of criminal procedure was adopted, which is called to ensure reforms in the sphere of criminal justice.
Several laws were amended to give more guarantees of independence to the judiciary in Ukraine. The Law of Ukraine on the Bar and Practice of Law was adopted, which will promote reforms in the organization of the bar and carrying out practice of law in accordance with universal standards of democracy.
The coordination center on legal advice was created within the Ministry of Justice of Ukraine and the Concept of the Targeted State Program on free legal counseling system in 2013-2017 was introduced.
On Oct. 10, the government adopted a number of resolutions related to European integration, particularly on external integrated border management, institutional reform of Ukrainian public administration in order to prepare implementation of the future association agreement between Ukraine and the European Union, on increasing benefits and minimizing negative effects of the DCFTA.
These are just element of the comprehensive and consistent every day work towards European integration, which unfortunately has been overshadowed by spicier news. However, I hope that step by step we will create a critical positive mass of changes in this area, which would help us disperse clouds over the EU – Ukraine relations.
Cooperation in energy sector
I would particularly like to stress the government’s effort to introduce European standards in the energy sector. Within the framework of the Agreement on Energy Community we made a number of steps to ensure uninterrupted power supply to consumers and investment in infrastructure. Alos, a number of laws was amended, including the law on pipeline transportation, on reforms in oil and gas complex, and the law on electricity.
Ukraine granted third parties access to the gas transportation system and is going towards unbundling of Naftogaz. There are three major reconstruction and modernization projects taking place, at the gas pipeline Urengoy- Pomary-Uzhgorod, compressor station Soyuz, and Uherske underground gas storage.
Identifying challenges
At the same time, there are plenty of challenges left. Some of them are for us to face, some for the EU, but most of them we can address together. Strengthening institutional capacity and improving public administration is one essential condition for successful integration with Europe. We need to improve quality of public administration and work closely in this respect with European experts.
Business and investment climate is another challenge we’re facing, and there are some improvements here, especially related to customs and VAT reimbursement. But we’re not there yet.
There are some issues within the range of EU’s responsibilities, such as the practice of visa issuance by EU embassies. A recent expert poll of Civic Initiative “Europe without Barriers” shows that despite have a common legal framework on visa procedures, some member states have stricter requirements for visa applicants. There have been cases of ungrounded refusals or humiliating treatment of
Ukrainian citizens by some EU embassies. Experts point out some non-transparent visa policies among some EU member states. I was in particular impressed by researches and public activities of the Civic Initiative “Europe without Barriers” in this respect.
Democratic elections
But, of course, the main attention will be focused now on upcoming Ukrainian elections, which can potentially give a new momentum to the EU-Ukraine relationship. The election campaign is now in full gear, and I am confident that the Oct. 28 election will be held in accordance with the international standards.
We are determined to cooperate with the international monitoring missions. Invitations to participate in the electoral process were extended to international observers from OSCE, European Parliament, Council of Europe, NATO etc. long in advance. An interdepartmental group was created in the government in order to secure transparent and fair elections.
To ensure transparency, the Law of Ukraine On peculiarities of openness, transparency and democratic elections of deputies of Ukraine was adopted. The law introduces a system of video surveillance, video recording and image broadcasting from polling facilities and is called to ensure fair monitoring of the polls and vote counting at polling stations during the elections.
Ukrainian ombudswoman appointed her representative to ensure electoral rights of citizens and the Public Committee for the Protection of active electoral rights of citizens was established to monitor the election process (following the recommendations of the International Organization «Freedom House» and supported by the International Renaissance Foundation).
It is quite difficult to predict the final outcome of the election, but I am confident that European integration will remain a top priority regardless of who comes to power.
Regardless of internal scenarios in Ukraine and financial difficulties within the EU that some have already labeled “the autumn of discontent,” the work needs to go on to bring a visa free regime to citizens and free movement of goods, capitals and services within free trade area to entrepreneurs.
Integration is a matter of choice. It is a matter of good sense, a matter of being in the heart of global processes, not on the periphery.
Ukraine has made a decisive strategic choice when European integration was determined as our prime goal. Politicians might have changed during the 21 year of independence of Ukraine, but this choice was never doubted by any president or prime minister.
Some push us towards balancing on a tightrope over our European choice and our partnership with Russia. While in reality, EU integration of Ukraine is equally beneficial for all of our partners, as much for the EU as for the Russian Federation.
However, Ukraine wishes to be a credible partner to all of its neighbors. Opposing East to West is an unacceptable approach that leads to deadlock in both directions.
Valeriy Khoroshkovskiy is the first deputy prime minister of Ukraine, and former head of the State Security Service and the State Customs Service.
