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DECREE On
Measures to Improve In
order to ensure a complex approach to creation of friendly investment
environment in Ukraine and livening up investment activity, taking
into account the results of the Fifth Plenary Meeting of the Advisory
Council on Foreign Investment in Ukraine, I decree: 1) further deregulate and liberalize business activities in this sphere by ensuring minimal interference of executive authorities in business activities of entrepreneurs, increasing personal responsibility of the heads of executive bodies for issuing normative and legal acts, which negatively influence the market conditions and investment climate in Ukraine; 2) complete the creation of a stable and predictable legal environment, which is to be based on the principle of equality for all investors and to provide comprehensive regulation of all issues of investment activity; 3) ensure transparency of the procedure of the decision-making process of central and local executive bodies, extend the practice of public discussions of drafts of normative and legal acts on issues of carrying out investment activity; 4) improve the mechanisms of corporate rights management, including those enjoyed by the state, ensure the increase in dividends (revenues), accumulated to the stock (equities, shares), owned by the state in the property of economic associations, improve the protection of rights of minority shareholders; 5) eliminate structural deformations in the economy of Ukraine by increasing growth rates in consumer sectors and in services; attract long-term investors to priority industries, strengthen control over fulfillment their of investment obligations; 6) improve effectiveness of bankruptcy procedures; 7) ensure further reform of the tax system, particularly by means of lowering the tax burden, rationalizing and increasing transparency of tax administration procedures, and unconditional observance of the taxpayers' rights; 8) increase investment attractiveness of privatization objects by their restructuring, ensure complete separation of social infrastructure objects, create equal conditions for privatization participants, increase transparency of the privatization process, and carry out legislative regulation, taking into account international standards and experience concerning issues of responsibility for ecological damaged caused by the companies in the past; 9) carry out further administrative reform, aiming at improving and increasing effectiveness of public governance, eliminate bureaucracy and corruption, and improve partnership between entrepreneurs and executive authorities; 10) expand and modernize the transport infrastructure of Ukraine, in particular the gas transportation system, increase transit volumes, create a national network of transport corridors based on active attraction of investment to the road and transport infrastructure market, renew the rolling stock of transport companies, particularly by resorting to concession and leasing; 11) develop competitive environment and increase investment in the communications sector, improve tariff regulation, certification, and standardization in the telecommunication services sector; 12) further strengthen the banking system of Ukraine, increase the level of concentration of banking capital, increase long-term crediting of the real sector of economy, implement mortgage lending, stimulate attracting citizens' money deposits, create non-banking financial institutions, stimulate the inflow of foreign capital to the banking sector; 13) revive investment activity in special economic zones and territories of priority development with special investment regime, primarily in depressed territories; 14) stimulate investment attraction to the scientific, technical, and innovation activity, create new and develop the existing techno-parks, techno-polices, and innovation business-incubators; 15) encourage implementation of the judicial reform and ensure unconditional execution of court decisions. When developing the draft of the Program, take into account the results of International Forum On The Ways of Accelerating Investments in Ukraine that took place on July 18, 2001 under the aegis of the Advisory Council on Foreign Investment in Ukraine. 2.
The Cabinet of the Ministers of Ukraine shall; 3. The Ministry of Economy of Ukraine, the Ministry of Foreign Affairs of Ukraine, the State Committee of Information Policy, Television and Radio Broadcasting of Ukraine, with participation of the foreign members of the Advisory Council on Foreign Investment in Ukraine and a Coordinator of relations with the foreign members of the Council, key foreign and domestic investors (at their consent) are to develop the draft of the Program On the Investment Image of Ukraine. It shall envisage measures on wide coverage of investment policy and achievements of Ukraine in creating attractive investment climate, aiming at creating a positive investment image of Ukraine abroad. 4. The Council of the Ministers of the Autonomous Republic of the Crimea, regional authorities, and Kyiv and Sevastopol municipal administrations, when developing corresponding budgets, are to provide funds required to implement the Programs on accelerating the inflows of investment for economic development of the corresponding administrative territorial units.
INFORMATION ON THE PROCEDURE OF ALIENS ENTRY/EXIT TO UKRAINE At present, the Ukrainian legislation provides for both visa and visa-free entry procedure for aliens (foreign citizens and non-citizens). The rules of aliens entry to/exit from Ukraine are regulated by Ukrainian law On Legal Status of Aliens, of February 4, 1994 and are subject to the rules of aliens entry to Ukraine, their exit from Ukraine and transit through its territory (under the Decree by Ukraine's Cabinet of Ministers of December 29, 1995). Aliens shall enter/exit Ukraine through the crossing points on the State frontier, provided they have a national passport and a visa, if otherwise is not specified by the Ukrainian legislation. All categories of visas are issued by Ukraine's diplomatic missions and consular departments abroad. In Ukraine, the Directorate General for Consular Affairs at the Ministry of Foreign Affairs of Ukraine issues diplomatic visas to diplomats for the term of their accreditation. Service visas are issued to officers of foreign affairs departments from foreign States who have a service passport, to foreign mass media staff as well as to the members of their families for the period of service card validity (Appendix 1). In accordance with Decree No.227 by Ukraine's Cabinet of Ministers of February 20, 1999, visas for aliens are issued on the basis of their entry purpose, provided they have the appropriate documents (Appendix 2). Depending on validity, there exist the following types of visas: short-term visas (issued for up to 6 months) and long-term visas (6-12 months); by frequency of use the visas are divided into single, multiple and collective. On their entry to Ukraine, aliens are required to register their passports in the nearest internal affairs agency located in the district of their place of stay. Registration of aliens national passports (with the exception of certain categories specified in Appendix 3) is carried out on the grounds of written applications by the entities which host the aliens and by permanent foreign missions. The applications should be directed to internal affairs agency no later than within 3 working days since the date of submission by the aliens of their national passports to this organization (mission) for registration. Should these rules be violated, frontier guards or internal affairs officers will stamp the violator's national passport with a note "Entry into Ukraine is barred for the term of ..." This term is established by the internal affairs agency, Security Service or frontier guards depending upon the circumstances and type of violation and ranges from 6 months to 5 years. In case of loss of national passports by aliens on the territory of Ukraine, the passport owner should inform their hosting organization and an internal affairs agency about this incident. The latter, upon the alien's request, issues a substitution document. On obtaining national passports by aliens at the diplomatic mission or consular department of their country on the basis of the alien's application and a petition by their hosting organization, the internal affairs agency provides for issuing an exit visa or registration of the alien's national passport. Transit of aliens through the territory of Ukraine is allowed, provided the alien has a transit Ukrainian visa, a destination country visa and tickets or other documents proving that the intended trip is really a transit. Non-residents who have permanent residence in Ukraine, go on foreign trips with a non-resident identification document allowing for foreign trips and with an exit visa. Citizens of the States which have concluded international agreements with Ukraine on visa-free travelling of citizens (see Addendum 4) enter into Ukraine with a valid national passport, provided they have an insurance policy and a duly arranged invitation (original) by a legal or private person from Ukraine, if otherwise is not envisaged by an international agreement. There still exists a visa-free regime with the CIS countries (according to the Agreement on Visa-Free Migration of the CIS Countries Citizens of October 9, 1992), including Russia and Belarus (according to the concluded agreements). INFORMATION ON THE PROCEDURE OF UKRAINIAN CITIZENS EXIT TO/ENTRY FROM ABROAD Ukraine's law On the Procedure of Ukrainian Citizens Exit From and Entry to Ukraine of January 21, 1994 establishes the order for issuing documents for foreign trips and defines the cases when Ukrainian citizens should temporarily be prohibited to leave Ukraine. In accordance with this Law and with the Decree No.738 of December 31, 1992 On Top Priority Measures to be Taken to Resolve the Issues of Ukrainian Citizens Travelling Abroad, Ukrainian citizens shall exit via the State border crossing points, provided they have valid travel documents, a foreign destination State visa or a duly arranged agreement. In many countries of the world there is a mandatory requirement for the foreigner to have a certain amount of money which is expected to enable the foreigner to sustain his/her living in the country of destination. In
order to get a permission to visit the countries which require a visa
to enter, Ukrainian citizens must provide the following: According to Decree No.491/93 of October 28, 1993 by the President of Ukraine, passports for travelling abroad are issued to Ukrainian citizens by internal affairs agencies at their place of residence. Diplomatic missions and consular departments issue passports to Ukrainian citizens who permanently live abroad, are on a long-term business trip, undergoing a course of study or on a secondment abroad, work under contract or undergoing a medical treatment course in a foreign country (according to Order No.93-sd of July 1, 1997 by the Ministry of Foreign Affairs of Ukraine). The Ministry of Foreign Affairs of Ukraine issues diplomatic and service passports which are valid exclusively for service business trips abroad by officials of State power bodies, national institutions and organizations, according to Decree No.515/92 of October 27, 1992 by the President of Ukraine. In case of loss of the travel document outside Ukraine, Ukraine's consular post to this country issues a return identity card on submission of the Ukrainian citizen's personal application. The identity card is issued only after the person's identity and citizenship has been proved by Ukraine's competent organs. As you know, on March 26, 1995 the Schengen agreements have entered into force, according to which, a visa-free space has been formed on the territory of Europe. The Schengen visa provides for unconstrained movement on the territory of all the countries which are signatory to the above agreements, however it can only be issued by the Embassy of the inviting country. APPENDIX
1 Diplomatic
visas are issued to the following categories of persons having diplomatic
passports: Service
visas are divided into three categories and are issued to: APPENDIX
2 P-1
(private visa) - invitation of an established type duly arranged by
the internal affairs agencies or an invitation of a Ukrainian medical
institution and other documents proving the private nature of the
trip. B (business visa) - invitation of an established type duly arranged by the internal affairs agencies. T (tourist visa) - documents proving the tourist nature of the trip. H (visa for members of humanitarian missions) - approval by the Commission at the Cabinet of Ministers of Ukraine for coordination, acceptance, transportation, security and distribution of humanitarian aid rendered by foreign States. E (visa for members of rescue services) - approval by the Ministry of Emergency Issues of Ukraine. O (student visa) - invitation of an established type issued by the Ministry of Education of Ukraine. M (visa for mass media staff) - Instruction by the Ministry of Foreign Affairs of Ukraine on issuing the visa. R (visa for members of religious missions) - invitation by a religious organization, certificate by the State Committee of Religions. TP-1
(transit visa) - document proving the transit nature of the trip,
visa to a third country, ticket, etc. EI-1
(immigration visa) - work permit issued by the Ministry of Labor.
OI (visa for international transport service staff) - license for international transportation issued by the corresponding agency of the host country. Visas of other types are issued on the request by the State authorities of foreign countries, international organizations, invitation cards issued by ministries, by other central executive power bodies, as well as invitation cards of the type established by the Cabinet of Ministers of Ukraine from Ukrainian legal and natural persons. In case of need, an employee of a Ukrainian diplomatic mission or a consular post may request additional documents which would in a better way specify the aim of the alien's/non-resident's trip or invite a certain person for an additional interview. APPENDIX
3 -
Heads of States and governments of foreign countries, members of parliamentary
and governmental delegations, service staff of such delegations and
members of their families who have arrived in Ukraine by invitation
of the President of Ukraine, Verhovna Rada or Cabinet of Ministers
of Ukraine, Supreme Council or Government of the Autonomous Republic
of Crimea and by Ukraine's ministries; APPENDIX
4 -
Republic of Argentina - diplomatic and service (official) passports;;
ABROAD TRAVEL DOCUMENTS OF UKRAINE DIPLOMATIC
PASSPORT, TYPE D DIPLOMATIC
PASSPORT, TYPE DP SERVICE
PASSPORT, TYPE S SERVICE
PASSPORT, TYPE CP PASSPORT
OF THE CITIZEN OF UKRAINE FOR TRAVEL ABROAD FOREIGN
PASSPORT OF USSR PASSPORT
OF THE CITIZEN OF USSR PASSPORT
OF THE CITIZEN OF UKRAINE STATELESS
PERSON'S TRAVEL DOCUMENT TRAVEL
DOCUMENT OF A CHILD SEAMAN'S
IDENTIFICATION CARD CERTIFICATE
FOR RETURNING TO UKRAINE CREW
MEMBER CERTIFICATE ____________________________________________________________________________________________________ We have faith only in those who have faith in themselves. Five
messages of the Minister for Foreign Affairs of Ukraine Dear Colleagues, Ladies and Gentlemen! We have faith only in those who have faith in themselves. When I was preparing myself for this press conference I decided to choose these words, said by Talleyrand, as a leitmotif of my address. With
the beginning of 2001 we are entering a new period of Ukraine's activities
at the world arena. Nowadays,
at the beginning of a new century, there are lots of debates about
modus vivendi of the modern international relations. What is Ukraine like at the world arena today? In
political sense, our country has authority of an initiative, intellectually
self-sufficient and constructive participant of international life.
The
year 2000 also saw Ukraine's strengthening as a regional leader. During the last year Ukraine strengthened its positions within GUUAM. We made enough steps to revitalize and "economize" CIS activities. The fact that this institution still works mechanically does not underestimate our constructive contribution into its work. The participation of Ukraine in the Central European Initiative, Black Sea Economic Cooperation Organization and the Council of the Baltic Sea States was positive. We
continued to perform an important task of contributing safety to the
European continent. In
2000 we acted as a prospective participant of the European integration
processes. In
principle, we have overcome the declaration stage in vital for us
European integration field and have aimed ourselves at practical and
so the most necessary moments of cooperation. What
is most important, we gradually started to avoid extremes. By
the way, the same applies to the Ukrainian-American relations. Finally,
during the last year Ukraine once again demonstrated that it was a
carrier of philosophy of values common to all mankind. The above-mentioned list of results would be incomplete without several questions that we had to and still have to answer. Are
we ready for aggressive protection of state interests, of the interests
of Ukrainian business circles, citizens and compatriots? Yes. Systematic
character of our foreign policy actions lies in reasoning, regulating
and coordination of the work of our national state apparatus. In
the nearest future the MFA of Ukraine will present its own draft concept
for economization of our state's foreign policy. William
Hamilton, an Irish scientist, who used the term "vector"
for the first time in 1846, didn't even imagine how harmful could
be misinterpretation of this word. Our
choice and goal are determined. Our
goal is simple, that is to become richer, stronger and more rallied.
Taking
into account modern realities, first and foremost for Ukraine it means
development of strategic partnership with the Russian Federation and
the United States of America. Friendly and practical relations with
these countries I regard as a key pledge of our security. I believe that inalienable components of this baggage are Ukraine's entering the World Trade Organization, restoring its image in the Council of Europe, deepening practical cooperation with NATO, ensuring realization of our initiatives in the Organization for Security and Cooperation in Europe and other regional structures. Thus,
we are speaking about realization of the key tasks for 2001. First
of all it concerns continuing weighed and consistent policy within
the framework of the UN Security Council where we will preside this
March. An important event for us as a regional leader will be holding Kyiv GUUAM Summit. I believe that it will go down in history as a Summit giving birth to a new organization. We also set ourselves an important task of providing continuation of Ukrainian peacekeeping and intermediary missions as an integral component of our foreign policy activities. And
finally we intend to discover new azimuths of Ukrainian foreign policy.
We will take measures for transforming Ukraine into one of important transport and communication crossroads, into an important concentration of gas and petroleum ways. Therefore,
the year of the 10th celebration of Ukrainian independence I see as
rather tense and significant in the sense of foreign policy. Finally,
this is my fifth and last message that I want to deliver today. Anatoliy
ZLENKO,
UKRAINE'S RETURN TO EUROPE Ten years have passed since the day when independence of Ukraine, second largest state in Europe and one of its most populated countries, was declared. For me writing about Ukrainian independence is easy and complicated at the same time. It is easy because it is my Motherland, which I love and of which I am very proud. It is complicated because our national history was too complex to allow describing in a single article what modern Ukraine is, how it emerged on the map of Europe and why it had been missing from this map for long centuries. The Ukrainians originate from Kyiv Rus, a great European state, which princes were intermarried with the majority of monarchic families of the continent. Ukrainian Princess Anna Yaroslavna became queen of France and wife of the King Henry the 1st. During her inauguration she refused to swear an oath on French bible and swore her oath on Slavic Holy Scripture, which she had brought with her. Centuries have passed. Due to Tartar-Mongol invasion and internal embroilment Kyiv Rus gradually disappeared from the map of Europe. By the way, the ancient tome brought by Anna was kept in Paris at Reims Cathedral as a reminder of lost grandeur of the Slav State. It is said that French kings swore their oaths on Ukrainian bible up to the 19th century. Since then Ukraine's history had its bright and dark pages, however only in the 20th century the time has come to restore the statehood. In the beginning it was the brief moment of declaration of the Ukrainian People's Republic in 1918. And then came the great turn of 1991, the collapse of the Soviet Union and emergence of new independent states, one of them being Ukraine. 24 August is the tenth anniversary since the adoption of the Act of Declaration of Independence of Ukraine. Country in transition - this definition quite precisely reflects the essence of the processes of today's Ukraine. It is a young state in terms of spirit, steadily marching on the way of reforms. Its main achievements lay ahead. One should not look for Ukraine's place within the framework of stereotypes inherited from the times of the Cold War. It does not fit in those frames. I trust in Ukraine. However this faith is based mostly not on emotions, but on realizing the huge natural, intellectual, scientific and technical potential of my country. Naturally, its main treasure is the people. Back in the Soviet times Ukraine was renowned for its engineers and scientists, musicians and writers. Modern aircraft, space rockets and hi-tech equipment have been built and are being built here. Cultural life, no less lively than in other European capitals, never dies here. I believe that this will go on in the future. Last year the market reforms initiated by the President Leonid Kuchma brought their evident fruits. Today Ukraine is unequalled in terms of economic growth in Europe. The industry starts to recover. Use of modern agricultural techniques in conjunction with the best black earth in the world lead to long awaited agricultural growth. We have a stable currency and low inflation level. Economic growth, which lasts for second year already, was achieved despite stable high prices of energy and without any assistance from international financial institutions. Therefore those positive figures hardly can be explained only by fluctuations of economic situation. I often hear the question "Where is Ukraine going?" I'd answer it the following way: we are moving from a state where human being was ignored to a state where human being, his/her life, welfare, thought represents the main value. Its is an immensely complicated and painful process that stipulates not only for changes of political and economic system. It stipulates for the change of mind. He who sees future Europe open, democratic and strong, must support Ukraine on this way. If Europe indeed wants to be united in its diversity, it should be open for Ukraine as well. Therefore I am confident that the European Union should not decisively limit its expansion by the Ukrainian-Polish border. Ukraine's European aspirations represent not an orientation of political situation, but a conscious strategic choice. It is one of the modern global realities. I am confident: it would be a mistake to consider Ukraine's European aspirations as a problem. Ukraine is the European chance and a component of the future of our continent. It would be irrational to dissemble this. My country belongs to the states, which see prospects beyond the temporary problems, however deep they may be. This prospective is clearly defined. It is integration into the European space, orientation at the European values - such as democracy, market social economy, and respect for human rights. We shall not leave this way. May be we could have left it in the first years of our independence, however leaving it now is as unreal as halting a train moving at full speed. Ukraine strives to become EU member in the future. Before this we are ready to be good neighbor and active partner for the EU. Speaking in moral terms, there's not much to be done about this - transferring partnership spirit and dynamics, which we've achieved in our relations with, say, Poland - future EU member, into the relations of Ukraine with the whole European Union. Positive thinking and openness from both Ukraine and the EU should become safeguards of our movement along this road for the years to come. Recent invitation of Ukraine to participate in the European Conference reaffirms this. I think that analysis of the recent Ukrainian foreign policy gives no grounds for pessimism at all. Establishing Ukraine as a stable and consistent actor of international relations is one of the most important achievements of independence age. The last decade gave us a bunch of foreign policy achievements. They include UN Security Council membership and voting at the UN General Assembly. It is hard to imagine Georgian-Abkhazian or Transdniestrian negotiation process without Ukraine. It has brought the third largest nuclear potential in the world to the altar of European and global stability. It has decommissioned Chornobyl NPP, and until now it is trying to overcome, using its own resources, the lack of energy supply by spending money meant for social programs. Finally, Ukraine is the leader among the European states by the number of its sons who wear UN helmets and risk their lives to establish peace and stability in various hotspots ranging from Sierra-Leone to Kosovo. Those were the most noticeable international aspects of the first ten years of existence of independent Ukraine. They declare for what purpose Ukraine has returned to Europe. It is called to be a factor of peace and stability, to unite Western and Eastern Europe. It is called to demonstrate (and it is already demonstrating) that simultaneous partnership with the European Union and Russia, advancement towards the EU and development of friendly, good-neighbor relations with the Russian Federation are not a paradox of new Europe, but its obligate attribute. I am confident that in the next decade this positive impulse laid down in the Ukrainian independence will find its continuation. Ukraine shall strengthen its stabilizing role in the whole Eastern European region, it shall be a strategic partner for both the EU and Russia, as well as for all other neighbors. It shall move along the way of reforms and, I am sure, it shall become a participant of economic success that awaits Eastern Europe - the region of tremendous possibilities and prospects. In the end I'd like to recall the recent event that without doubts will go down to history as one of turning-points of newest Ukrainian history - the visit of the Pope. His arrival found sincere response and became a bright remembrance in the hearts of majority of Ukrainians. While in Ukraine, John Paul II characterized Ukrainian independence as "the dawning of New Hope". For us this hope first of all is connected with Europe. Today it is being gradually supplemented by self-reliance and experience of existence in the world marked by globalization and informational revolution. Anatoliy
ZLENKO,
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