Ukraine’s path to the visa-free access to Europe
Ukraine is now looking forward to the EU’s decision on granting it visa-free travel access. What obstacles has it overcome on this path?
Expectation
By the skin of its teeth Ukraine still managed to meet all EU requirements. According to the country’s President, there were as many as 140 of them. On December 15, 2016, the European Parliament approved visa-free travel rules for Ukraine and Georgia. Though, shortly before that, the lawmakers had passed a provision on possible suspension of visa-free travel rules in case there is a great number of Georgians and Ukrainians in the EU territory, who refuse to return home.
‘Visa-free travel rules are 50% practical benefit from the EU,’ – believes Aleksander Paliy, a political analyst. ‘With introduction of the visa-free travel rules Ukraine will get a pretty good bonus and will not pick up the problems that the EU member states are facing.
Ukraine may lot upon the membership in the EU no sooner than in 10 years. As far as EU itself is concerned, Ukraine’s membership in it is not on agenda. At present, the EU itself want to understand, where it is heading to and how it will further develop’.
Now that the European Parliament has approved the visa-free travel rules the only thing left is to obtain the EU Council’s official approval. The EU officials, however, don’t specify the dates when it’s going to happen.
Law and order
Ukraine started actively advancing towards the visa-free future in 2010. The Visa Liberalization Action Plan was adopted then, clearly setting out the EU’s requirements that Ukraine had to comply with, including: biometric passports, new border crossing rules, control of migration and, what the government found particularly problematic – the anti-corruption laws.
The aforesaid draft laws were passed in autumn 2015. However, that didn’t imply their execution, especially as they were not adopted in the form the EU expected to see them.
It’s frequently the case in Ukraine, that there is a gap between the law and its execution. The EU has slightly charged its rhetoric over the past year and a half. Now it demands from the leadership not only to adopt the relevant laws, but also to ensure that they actually work.
Therefore, in December 2015, the EU put forward 5 additional requirements:
• the National Anti-Corruption Bureau and the Special Anti-Corruption Prosecutor’s Office should start operating by the end of Q1, 2016;
• the National Agency for Prevention of Corruption should start operating by the end of Q1, 2016;
• the amendment to the Law on Special Seizure and Confiscation of Property of the Corrupt Officials should be introduced
• the Law on Prosecutor’s Office should be amended so as to ensure independence of the newly setup Special Anti-Corruption Prosecutor’s Office;
• additional budget items should be included for operation of the anti-corruption agencies.
However, even this doesn’t guarantee that the anti-corruption reform will work to the full extent, says Vitaly Shabunin, the Head of the Anti-Corruption Center.
In his words, the key institution – the anti-corruption court has not been set up so far. The EU leaders continuously talked about it, but they didn’t commit Ukraine to establish it.
The whole work done by the anti-corruption bureau ends in court; it’s the court that should render a final verdict and seize the property. However, according to Shabunin, the present-day Ukrainian courts literally ‘bury’ the anti-corruption bureau’s cases. In addition, they interfere with investigations, often release suspects on small bails. For example, the court may rule out UAH6million bail for a person, who is facing charged for misappropriation of UAH500million.
‘With such court the established system will never work at full,’ says Vitaly Shabunin.
In addition, there are also problems with e-declarations. For example, the administration of the National Agency for Prevention of Corruption undermines consideration of the bylaws, under which those, who have provided fraudulent data in the e-declarations, should be made liable, the expert says.
==================================
1991-1994:
First presidential elections and the referendum on independence were held in Ukraine on December 1, 1991. On December 2, 1991, the European Commission recognized the democratic nature of all-Ukrainian referendum. A week later, the European Council expressed its intention to develop ties with Ukraine, Belarusia and Russia, that ‘democratically and peacefully express their will to accede to full sovereignty.’
By its Resolution, dated July 2, 1993, ‘On Ukraine’s key foreign and domestic policy trends’, the Supreme Rada approved the priority of the European vector and country’s aspiration to join the European Union.
On June 14, 1994, the EU and Ukraine concluded a frame Partnership and Cooperation Agreement (PCA), which took its effect in 1998 and was in force up until 2008.
2002-2003:
In 2002, Ukraine was granted ‘a special neighbor status’ that provided for facilitation of migration regime. President Kuchma said in 2003, Ukraine’s key goal was to conclude the Association Agreement with the EU.
2007-2009:
Victor Yushchenko outlined the ‘European integration processes’ as the foreign policy priority. The EU-Ukraine Action Plan was signed in February 2015.
In 2007, the European Commission launched the negotiations with Ukraine on conclusion of a new framework agreement on Ukraine’s Association with EU. The talks on ‘Deep and Comprehensive Free Trade Area’ started in 2009.
In May 2009, Ukraine joined the EU Eastern Partnership program jointly with Moldova, Georgia, Armenia, Azerbaijan and Belarus. The program’s key goal – the social and economic reforms that are to accelerate the European integration process.
2010-2013:
A Protocol to the Partnership and Cooperation Agreement on the basic principles of Ukraine’s participation in the EU-run programs was signed on the sidelines of the EU-Ukraine Summit, in November 2010. On March 2012, the heads of Ukrainian and EU delegations initialed the Association Agreement, whereas on July 19, 2012 – the Deep and Comprehensive Free Trade Area Agreement.
On December 10, 2012, the EU Foreign Affairs Council approved a conclusion with regard to Ukraine, in which it reaffirmed its commitment to the signing of EU-Ukraine Association Agreement at the Eastern Partnership Summit, in Vilnius, in November 2013. However, that didn’t happen. On Noveber 21, 2013, the Ministers’ Cabinet announced about suspension of preparation process for signing the Association Agreement. Whereas on November 29, 2013, President Yanukovich stated that Ukraine was postponing conclusion of the document until the next summit. Afterwards, mass protest rallies were launched throughout Ukraine, demanding resignation of country’s government and the head of state. Then aforesaid rallies were popularly referred to as ‘Euromaidan’ and they finally led to the Revolution of Dignity.
2014-2016:
On March 21, 2014, the EU officials and Ukrainian Prime Minister, Arseniy Yatsenyuk, signed a political bloc of the Agreement. On June 27, President Petro Poroshenko signed the economic part of it. The Agreement was ratified by the Supreme Rada on September 16. Verkhovna Rada ratified the agreement.
For the Agreement to take its effect, it should be ratified by all 28 EU member states. The Netherlands is so far the only country that has not ratified the Association Agreement with Ukraine.
