Draft bill #9610 of August 13, 2023
Cosponsors: a group of 11 MPs from factions Servant of the People and European Solidarity with Oleksandr Korniienko as the first signatory
Status: adopted in the first reading
Who is affected: representatives of national minorities, residents of settlements traditionally inhabited by representatives of national minorities, the Cabinet of Ministers of Ukraine, and the Ministry of Culture and Information Policy
Summary of the bill:
· the bill specifies the conditions when the rights and freedoms of representatives of national minorities (communities) can be legally restricted. Restrictions can be imposed in the interests of national security, territorial integrity, and public order, to prevent unrest or crimes, protect public health, to protect the rights and freedoms of other individuals if such restrictions are necessary in a democratic society
· the bill introduces the concept of a specialized bookstore created to facilitate the rights of national minorities (communities). Such a bookstore will be recognized as a specialized store for trading published products, printed media, related to the culture, language, history, or other interests of a particular national minority (community). The procedure for opening and regulations on the operation of such bookstores will be defined by the Ministry of Culture and Information Policy
· at the request of a person — representative of a national minority, this person will be able to be served using their language not only while getting emergency assistance but also while being in a nursing home or getting assistance and/or protection if such a person has suffered from domestic violence
· the procedure for concluding the list and the list of settlements traditionally inhabited by national minorities (communities)/settlements where representatives of national minorities make up a significant part of the population will be defined by the Cabinet of Ministers of Ukraine. The following regulations will apply to such settlements:
– it will be allowed to distribute internal and external advertising, as well as advertising on local radio and television, that uses the language of a national minority in parallel with the state language
– local authorities will be allowed to use the language of the national minority along with the state language, according to the methodology approved by the Cabinet of Ministers
· provisions on the use of the language of the national minority in advertising, public, cultural, artistic, and theatrical events will not apply to the state (official) language of the country recognized by the Verkhovna Rada of Ukraine as an aggressor or occupant state. These provisions are in effect from the moment the Verkhovna Rada of Ukraine issues the relevant resolution and will be in effect for five years after the Verkhovna Rada of Ukraine decides to annul this status.
What is right:
· Ukraine makes its legislation on the rights of national minorities compliant with the European Convention on Human Rights of 1950, the Framework Convention for the
Protection of National Minorities of 1995 (the Council of Europe), the European Charter for Regional or Minority Languages of 1992, and the recommendations of the Venice Commission
· Ukraine is implementing one of the seven recommendations of the Commission Opinion on Ukraine’s application for membership of the European Union regarding the necessity to complete the reform of the legislation on national minorities.
Background information: on July 1, 2023, the Law on National Minorities (communities) of Ukraine came into effect. The adoption of this law is one of the key requirements for Ukraine as a candidate for EU membership.