Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report.

1. Resignation of members of collective farms. The Committee notes with satisfaction that the freedom of members of collective farms to leave the farm, announced on 28 May 1987 in a communiqué of the Presidium of the Union Council of Collective Farms, has been written into the text of the new Model Collective Farm Rules adopted by the General Congress of Members of Collective Farms on 23 March 1988. According to these Model Rules, all members of collective farms have the right to resign by giving three month's written notice. Neither the management nor the general assembly of the members of a collective farm have the right to refuse applications to resign, which take effect after the three-month period, even in the absence of a reply. In addition, the management is obliged to hand out to the former member of the collective farm his work-book on the day on which the resignation takes effect. The Committee also notes with interest that by virtue of section 10 of Act No. 49 of 26 May 1988 respecting co-operatives, voluntary membership and free withdrawal are among the principles governing the activity of co-operatives.

2. Legislation concerning persons "leading a parasitic way of life". In its previous observations, the Committee referred to the provisions of section 214 of the Penal Code concerning persons "leading a parasitic way of life", and to the Order of 3 January 1985 of the Presidium of the Supreme Soviet of the Ukrainian SSR on the manner of applying this section. The Committee notes Order No. 11 of 28 December 1984 of the Plenum of the Supreme Court of the Ukrainian SSR, concerning court practice on this matter, which was supplied by the Government with its report. This Order defines "unearned income" by reference to means obtained through gambling, fortune-telling, begging, petty speculation and other illegal methods; the Order gives no definition of "other illegal methods".

The Committee has noted with interest the report submitted by the Government of the USSR to the Human Rights Committee in accordance with the International Covenant on Civil and Political Rights (Document CCPR/52/Add.6 of 2 October 1989) which refers in particular to the legislative programme approved by the Supreme Soviet for the defence of the rights and legitimate interests of citizens. In this connection, the Committee notes that the fundamental principles of penal legislation are currently under review.

The Committee hopes that on the occasion of the planned legislative changes, the Government will be able to envisage adopting measures to clearly exclude from the legislation any possibility of compulsion to work that is not in conformity with the Convention, either by repealing section 214 of the Penal Code, or by limiting the scope of this provision to persons engaging in illegal activities. The Committee hopes that the Government will supply information on developments in this direction.