Effect given to the recommendations of the committee and the Governing Body - REPORT_NO355, November 2009

Effect given to the recommendations of the Committee and the Governing Body

1. 137. The Committee last examined this case at its November 2008 meeting [see 351st Report, paras 1359–1373] and made the following recommendations:
   • (a) The Committee expects that the Government and its judicial authorities will give full effect to its obligations under ratified Convention No. 87 to ensure the freedom of association of workers’ and employers’ organizations.
   • (b) The Committee expects that the Supreme Administrative Court of Ukraine will confirm the decisions of the lower courts ordering the registration of the amendments to the statutes of the Federation of Employers of Ukraine (FEU) to avoid any further impediment to the functioning of the FEU. The Committee requests the Government to keep it informed in this respect and to transmit a copy of the decision taken by the Court.
2. 138. In a communication dated 23 March 2009, the Government reiterates the information it had previously provided and indicates that the Ministry of Justice, by its order of 30 May 2008, registered the amendments to the FEU’s statutes approved at the FEU Fourth Congress on 18 April 2008 and took note of the changes in the composition of its executive bodies. The Government further indicates that it has no information on proceedings before the Supreme Administrative Court of Ukraine challenging registration of amendments to the FEU’s statutes approved at its Third Congress on 7 June 2007.
3. 139. The Committee notes the information provided by the Government. While noting with interest that further amendments approved at the Fourth Congress of the FEU of 18 April 2008 were registered on 30 May 2008, the Committee notes that it is unclear whether proceedings with regard to the registration of amendments approved by the FEU Third Congress on 7 June 2007 are still pending before the Supreme Administrative Court of Ukraine and requests the Government to keep it informed in this respect. In the affirmative, it reiterates its expectation that the Supreme Administrative Court will confirm the decisions of the lower courts ordering the registration of the amendments to the statutes of the FEU to avoid any further impediment to the functioning of the FEU and requests that the Government transmit a copy of the decision taken by the Court.