CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Ukraine (RATIFICATION: 2000)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. Law on Political Parties. The Committee previously noted that the violation of the Law on Political Parties of 2001 is punishable by administrative and penal sanctions (section 22). It requested information on the particular administrative and criminal sanctions that could be imposed. In this regard, the Committee notes the Government’s statement that persons who violate this Law may be prosecuted under disciplinary, administrative, civil or criminal law, in accordance with the legislation currently in force. The Committee requests the Government to indicate the specific provisions to which it refers, under which criminal penalties could be imposed for violations of the Law on Political Parties, as well as copies of the relevant legislation. It also requests the Government to provide information on the application of the Law on Political Parties in practice, including the number of convictions and the specific penalties imposed.

Article 1(c). Sanctions for violation of labour discipline. The Committee previously noted that, under section 367 of the Criminal Code, the non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm or other grave consequences to legitimate rights and interests of persons or to state interests, is punishable with correctional works or limitation of freedom (which involves compulsory labour, by virtue of section 107-2 of the Correctional Labour Code). The Committee once again requests the Government to provide information on the application of section 367 of the Criminal Code in practice, supplying copies of court decisions defining or illustrating the scope of this provision, so as to enable the Committee to ascertain that this provision is not used as a means of labour discipline within the meaning of the Convention. It also requests the Government to provide information on the number of prosecutions, convictions and penalties applied pursuant to section 367 of the Criminal Code.

Article 1(d). Sanctions for having participated in strikes. In its previous comments, the Committee noted that pursuant to section 30 of the Collective Labour Disputes Resolution Act, 1998, workers participating in a strike declared illegal by a court shall be held liable pursuant to procedures prescribed by law. It noted the Government’s statement that workers participating in illegal strikes are subject to disciplinary sanctions, pursuant to section 28 of the Collective Labour Disputes Resolution Act. It also noted that pursuant to section 293 of the Criminal Code, a term of imprisonment (involving compulsory labour) of up to six months may be imposed for organized group action violating public order, or resulting in disturbances of operation of transport or work of enterprises, institutions or organizations. With reference to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee once again requests the Government to provide information on the application of section 293 of the Criminal Code, including the number of prosecutions, convictions and penalties applied, as well as copies of any relevant court decisions.

Communication of texts. The Committee once again requests the Government to supply copies of the legislation in force governing meetings and demonstrations, as well as a copy of the legislation regulating the service conditions on board merchant shipping vessels.