More than 80 organizations called for a review of the Civil Code draft provisions.

Politics
More than 80 organizations called for a review of the provisions of the draft Civil Code

“Zmina”

To the Chairman of the Verkhovna Rada of Ukraine
Ruslan Oleksiyovych Stefanchuk

Dear Ruslan Oleksiyovych,

We, the undersigned human rights and civic organizations, express our respect and gratitude for the significant work done by you and the working group in preparing the draft of the updated Civil Code of Ukraine. We are aware of the scope and complexity of this process and recognize the importance of a systematic update of Ukraine’s civil legislation.

At the same time, we are compelled to express our concern regarding the possible adoption of the mentioned draft of the Civil Code of Ukraine in its current version. In our professional opinion, the draft Code contains a number of provisions that require substantial revision, as some norms of the draft do not fully comply with, and at times contradict, modern European standards in the field of human rights protection, freedom of speech, gender equality, and non-discrimination. Additionally, according to the human rights and media community, certain provisions of the draft present clear risks of narrowing existing rights and freedoms of citizens and therefore require additional alignment with international standards and practices in the field of human rights.

Moreover, the expansion of the right to refutation, the right to reply, and the right to be forgotten in the media directly conflicts with and excessively narrows the right to freedom of expression as proposed by Article 10 of the European Convention on Human Rights and Fundamental Freedoms. Free journalism is quite sensitive to any changes in the balance between the public’s right to information and the individual’s right to privacy. The proposed version of the Civil Code threatens to disrupt this balance and worsen the state of freedom of speech in the country.

The human rights community has developed a number of proposals and amendments to the mentioned draft Code No. 15150, which, in our opinion, need to be considered and taken into account in order to ensure its compliance with the principles of the rule of law, modern standards of human rights protection, Ukraine’s European integration obligations, the recommendations of the European Commission in reports on Ukraine’s progress on the path of European integration, and the decisions of the ECHR in cases against Ukraine (proposals in the form of a comparative table are attached to the letter).

Given that the Civil Code of Ukraine is a fundamental legislative act that will regulate a wide range of civil-law relations between individuals and legal entities, the state, and other subjects of law, as well as determine the foundations of private law regulation in Ukraine for the coming decades, we consider it extremely important to ensure its compliance with modern legal standards and Ukraine’s strategic course towards European integration. We are convinced that the updated Civil Code should reflect Ukraine’s vision as a democratic legal state and a future member of the European Union with an adequate level of guarantees of human rights and freedoms.

In connection with the above, we address you with the initiative to hold a working meeting with representatives of the human rights community to discuss the developed proposals and possible ways to incorporate them into the draft Civil Code of Ukraine as part of its revision for the second reading.

We are ready to provide our expert support in this process and would be grateful for the opportunity to present the developed proposals during the relevant meeting at a time convenient for you.

Respectfully,
civil and human rights organizations:

  1. NGO “Point of Support UA”
  2. NGO “Center for Civil Liberties”
  3. NGO “Kharkiv Women’s Association “Sphere”
  4. NGO “KYIVPRIDE”
  5. NGO “UKRAINEPRIDE”
  6. NGO “Public Movement “Gender Stream””
  7. NGO “Ukrainian LGBT Military for Equal Rights”
  8. NGO “RESISTANCE”
  9. NGO “Expert Resource Gender in Detail”
  10. GU “Ukrainian Network for Children’s Rights”
  11. NGO “Feminist Workshop”
  12. NGO Human Rights LGBT Center “Our World”
  13. BO “WOMEN’S MARCH”
  14. NGO “Insight”
  15. NGO “Heard” (Wonderzine Ukraine)
  16. NGO “T*South”
  17. NGO “Norma Vita”
  18. NGO Civis Fortis, Foundation for the Protection of Civil Society
  19. NGO “Women in Media”
  20. WGU “Gay Forum of Ukraine”
  21. NGO “Association LGBT “LIGA”
  22. NGO “SPECTR KHARKIV”
  23. NGO “ALLIANCE.GLOBAL”
  24. Human Rights Center ZMINA
  25. BF “Gender Zed”
  26. NGO “Center “Women’s Perspectives”
  27. BF “Castle Hill”
  28. Poltava Branch of the Public Service of Ukraine
  29. Vinnytsia Public Organization “Information and Educational Center “VIS”
  30. MBF “Ukrainian Foundation for Public Health”
  31. BO “Woman Can”
  32. WGU “Gay Alliance Ukraine”
  33. NGO “Policy Workshop”
  34. NGO “Alliance of Liberal Youth”
  35. BOBF “VOLNA”
  36. NGO “Bilkis”
  37. NGO “CAMPAIGN FOR UKRAINE” UK
  38. NGO “VSESVIT” UK
  39. NGO “Ukraine Solidarity Campaign” UK
  40. NGO “Center for Gender Culture”
  41. NGO “Women’s Consortium of Ukraine”
  42. BO “MF Lyubystok”
  43. NGO “Creatresses”
  44. NGO Institute of Mass Information
  45. NGO “Center of Public Activity “Synergy”
  46. NGO “Let’s Act”
  47. NGO “Their Free”
  48. NGO “Gryunsk Community Development Fund”
  49. NGO Motivational Circle
  50. NGO Action Vector
  51. NGO Kalantar
  52. NGO “WOMEN’S HUNDRED OF KRYVYI RIH”
  53. Bihus.info
  54. Initiatives for Infogiene “How Not to Become a Vegetable”
  55. NGO “Center for Democracy and Rule of Law” (CEDEM)
  56. NGO “WOMEN’S ASSOCIATION “ABOUT WOMEN…”
  57. NGO “Human Rights Platform”
  58. NGO “Smarta”
  59. NGO “Media Detector”
  60. NGO Change Laboratory
  61. Philip Orlik Institute of Democracy
  62. NGO “Women of Luhansk Region”
  63. NGO “Center for Equal Opportunities “Parity”
  64. NGO “Women’s Council for Unity and Support”
  65. NGO “Laboratory of Digital Security”
  66. NGO “Gender Creative Space”
  67. NGO “DII – Ukraine”
  68. NGO Institute for Regional Press Development
  69. NGO “Center for Information Analysis “Litmus” (project “NotaYenota”)
  70. BF “Slavic Heart”
  71. NGO “Chest of Good Deeds”
  72. NGO “Come on, Sisters!”
  73. NGO “Studio of Civic Women’s Initiatives”
  74. BO “Cooperation Platform – Center for Public and Social Development”
  75. NGO “Zakarpattia-Donbas”
  76. NGO “Kherson Regional Center “Successful Woman”
  77. NGO Roma National Society “ROMEN” in Donetsk Region
  78. NGO “UWHC “Revival of the Nation”
  79. NGO “All-Ukrainian Democratic Action”
  80. BO “Another”
  81. NGO “Article 0”
  82. NGO “Pravopolis”
  83. NGO “Agency of Changes “Timely”
  84. NGO “Megasocium”

Source

 

“Change”: Protests against the new Civil Code will take place in several cities of Ukraine. Where exactly and how to join?

In May, protests will be held in Kyiv, Kharkiv, Lviv, Vinnytsia, Ivano-Frankivsk, Chernivtsi, and Odesa, where concerned citizens will demand amendments to the draft of the new Civil Code №15150, as they believe it may restrict the rights of women, children, LGBTIQ+ people, and people with disabilities, and contains vague provisions that pose risks to human rights.

 

Photo: KyivPride

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