European integration within eyeshot
On 20 March 2015 the Ukrainian Bar Association, together with Investment & Trade Facilitation Center (ITFC), held the first international conference “Association Agreement: for all and sundry”, devoted to the sharpest questions of Ukraine’s European integration. Within the framework of the conference leading experts from legal, academic, business and governmental circles discussed basic provisions of the EU–Ukraine Association Agreement. The speakers considered public procurement, IT, e-commerce, trade about industrial goods, banking, finance and insurance law in the light of implemventation of the Agreement. Moreover, all those present had a unique possibility to hear of the present and forthcoming steps undertaken by the Ukrainian government to implement the Agreement in life on the part of governmental officials. Representatives of Ukrainian exporters highlighted the peculiarities of exporting Ukrainian production to the EU.
Roman Petrov, prof. Dr. Jean Monnet chair in EU law of the Kyiv-Mohyla Academy, touched upon the place of the Agreement in Ukrainian legislation. Mr. Petrov reported that the Agreement was signed on 27 June 2014 in Brussels, Belgium; the Verkhovna Rada of Ukraine ratified it on 16 September 2014 by the Act of Ukraine, No.1678-VII; the EU has not yet ratified Agreement — to date the Agreement has been ratified by only 14 EU member states; the EU has realized temporary application of the Agreement till its coming into force from 1 Novem- ber 2014. Other aims of the Agreement include establishing a deep and comprehensive free trade area, sectoral collaboration and cooperation the sphere of justice. Neither does the Agreement grant a perspective of membership in the EU, visa-free conditions between the Ukraine and the EU, the direct action of provisions on prohibition of discrimination of the Ukrainian workers in the EU member states, no total access to internal market for Ukrainian parties, to Ukraine. It should be mentioned that in the framework of autonomous preferential trade conditions of the EU till 1 January 2016 the European Parliament resolved to prolong unilateral abolition and decrease of customs tariff on Ukrainian goods on 23 October 2014. Sources of EU law are: common European values, international agreements, principles of the EU law, derivative EU law (regulations, directives, decisions, annexes), decisions of the EU courts. The speaker reported that execution of the provisions of the Agreement by the Ukrainian government will be monitored by European experts and in case of non-execution of the provisions the question of discontinuing the action of the Agreement and, first and foremost, action of economic chapters, will be raised.
Victor Muravyov, prof. Dr., head of the department of comparative and European law at the Institute of International Relations, Kyiv National Taras Shevchenko University, cited comprehensive analysis of the Agreement’s provisions. A speaker underlined that effective realization of the provisions is possible only in case of reform of domestic legislation. He also supports inclusion of an article on European integration into the Constitution of Ukraine. Pietro Poretti, independent consultant, ITFC expert, spoke on the benefits of free trade agreements. The speaker mentioned such benefits: preferential market access, additional legal certainty, alternative and privileged venue for the settlement of issues and protection against political and economic crisis. Mr. Poretti underlined that a comprehensive EFTA–Ukraine Free Trade Agreement was signed on 24 June 2010 and came into force on 1 June 2012.
Olena Kotenko, PhD in Law, Master of European Law (Germany), expert on energy law, gave examples of successful associations with the EU. There are several types of agreements with the EU: association agreements aimed at preparing an associate country for entry into the EU, association agreements with non-European countries aimed at aiding their development, association agreements as alternatives of EU membership. The experience of Poland is characterized by complex reforms and so-called shock therapy; resettlement from cities to villages has been observed there. Hungary has focused on maintenance of jobs and the creation of new ones. The Czech Republic has joined together several methods: adoption of the Lustration Act, reform of judicial branch and security.
Vladyslava Rutytska, Deputy Minister of Agrarian Policy and Food of Ukraine on European Integration, spoke on legislative work that the ministry performs and indicators of export for Ukrainian agrarian production. Mrs. Rutytska emphasized the importance of not only entry of Ukrainian agrarians into the EU markets, but also their consolidation on those markets. It is also vital to find out who can be a partner of Ukrainian businesses.
The UBA also announced further initiatives dedicated to observing the implementation and realization of the provisions stated in the Agreement.
