Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ukraine (Ratification: 2000)

Communication of texts. The Committee notes the Law on the Press, 1992, communicated by the Government with its report. It requests the Government once again to supply copies of the legislation in force governing assemblies, meetings and demonstrations, as well as a copy of Service Regulations on board merchant vessels, to which reference is made in section 54 of the Code of Merchant Marine, 1995.

Article 1(a) of the Convention. Sanctions for expressing political views. The Committee previously 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 once again to supply 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.

The Committee previously noted that the violation of the Political Parties Act, 2001, is punishable by administrative and penal sanctions (section 22). The Committee requests the Government once again to 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). Sanctions for violation of labour discipline. The Committee previously 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 punishable with correctional works or limitation of freedom (which involves compulsory labour, in virtue of section 107-2 of the Correctional Labour Code, as amended on 11 July 2001). The Committee requests the Government once again 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). Sanctions for having participated in strikes. In its earlier comments, the Committee asked the Government to clarify the scope of liability of workers under section 30 of the Collective Labour Disputes Resolution Act, 1998, which stipulates that workers participating in a strike declared illegal by a court shall be held liable pursuant to procedures prescribed by law. It also requested the Government to indicate sanctions which may be imposed for participation in illegal strikes.

The Government states in its report that workers participating in illegal strikes are subject to disciplinary sanctions, under section 28 of the Collective Labour Disputes Resolution Act, and that section 293 of the Criminal Code (organization of group actions violating public order or resulting in disturbances of operation of transport or work of enterprises, institutions or organizations) is not applicable.

While noting these indications, and referring also to its comments made under Convention No. 87, likewise ratified by Ukraine, the Committee requests the Government once again to provide information on the application of section 293 of the Criminal Code in practice, including copies of any relevant court decisions.