Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the legislation in force governing the press and assemblies, meetings and demonstrations, as well as a copy of the Disciplinary Rules on board merchant vessels, to which reference is made in section 54 of the Code of Merchant Marine, 1995, and copies of any other provisions governing labour discipline in merchant shipping. The Committee also requests the Government to provide, in its next report, additional information on the following points.

Article 1(a) of the Convention. 1. The Committee has noted that, under section 185-1 of the Code on Administrative Offences, violation of rules governing the organization and conducting of public meetings, street marches and demonstrations may be punishable with correctional works for a term of up to two months. The Committee requests the Government to supply, in its next report, information on the application of this provision in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain its conformity with the Convention.

2. The Committee has noted that the violation of the Political Parties Act of 2001 is publishable by administrative and penal sanctions (section 22). The Committee would appreciate if the Government would provide clarifications concerning the scope of administrative or criminal liability for violation of the Act, indicating in particular administrative and criminal sanctions which may be imposed.

Article 1(c). 3. The Committee has 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 publishable with correctional works or limitation of freedom (which involves compulsory labour, by virtue of section 107-2 of the Correctional Labour Code, as amended on 11 July 2001). The Committee 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 its scope, 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.

Article 1(d). 4. Referring to its 2002 observation made under Convention No. 87 likewise ratified by Ukraine, the Committee notes that, according to section 30 of the Collective Labour Dispute Resolution Act, 1998, workers participating in a strike declared illegal by a court, shall be held liable pursuant to procedures prescribed by law. The Government is requested to clarify the scope of such liability and to indicate what kind of sanctions are applicable for participation in illegal strikes. Please indicate whether section 293 of the Criminal Code concerning the organization of group actions violating public order or resulting in disturbances of operation of transport or work of enterprises, institutions or organizations (which is punishable with arrest for a term of up to six months) is applicable to participants in illegal strikes, and if so, supply information on its application in practice, including copies of any relevant court decisions.