Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee notes a communication dated 30 May 2003 received from the Customs Employees Union of Ukraine, which contains the union’s comments on the draft disciplinary statute of the customs service, as well as the Government’s reply to these comments. In the absence of the draft text in question, the Committee does not consider it appropriate to draw any definite conclusions about its conformity to the Convention. However, the Committee notes from the Government’s reply that the State Customs Service of Ukraine was instructed to examine the union’s complaint and to ensure the participation of its representatives in the drafting process, and that some of the union’s comments and proposals on the draft were taken into account in its final version submitted to Parliament. The Committee hopes that the Government will keep the ILO informed of the developments and will supply the text for examination by the Committee, as soon as it is adopted.

2. The Committee has noted the Government’s reply to its earlier comments, including the information supplied in response to the Committee’s general observation of 2000 concerning measures to combat trafficking in persons for the purpose of exploitation.

Freedom to leave the service. In its earlier comments, the Committee noted that section 8(2) of the Act on the Social and Legal Protection of Members of the Armed Forces, of 20 December 1991, provides for a possibility for career military personnel to terminate their service at their own request. The Committee has also noted the Government’s indication in its latest report that section 26 of the Law on Military Service, of 18 June 1999, contains a similar provision in respect of career military officers. Referring to its earlier comments, the Committee asks the Government to indicate whether a request to be discharged from military service can be refused in time of peace, and if so, whether recourse is available against a decision of refusal. Please also supply a copy of the Law on Military Service, of 18 June 1999, referred to above.

Article 25 of the Convention. The Committee has noted the adoption of the new Criminal Code, which entered into force on 1 September 2001. It has noted the Government’s indications in the report that sections 172 and 173 of the new Criminal Code impose various sanctions (including fines, correctional works, arrest or limitation of freedom) for serious violations of labour legislation; such violations, according to the Government, may also cover the exaction of work which has not been provided for in the labour agreement. Having noted the Government’s explanations in its report concerning the applicability of the above sections of the new Criminal Code to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of these sections in practice, including information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. Please also communicate a copy of the new Criminal Code of 2001.