Effect given to the recommendations of the committee and the Governing Body - Report No 329, November 2002

Effect given to the recommendations of the Committee and the Governing Body

1. 149. The Committee last examined this case at its November 2001 meeting when it requested the Government to engage immediately in discussions with the All-Ukrainian Trade Union “Solidarnost” with a view to establishing the date necessary for its registration and to indicate to the union any purely procedural formalities which might still need to be carried out by the union so that it may be registered without delay. The Committee also called upon the Government to take the necessary measures to ensure the reactivation of the union’s bank account [see 326th Report, paras. 168-170].
2. 150. In a communication dated 7 June 2002, the Government repeats the information it previously provided according to which, following a ruling of 6 April 2000, the Supreme Court of Arbitration of Ukraine rejected the application made by “Solidarnost” to the Ministry of Justice to quash the decision of the Ministry concerning its registration. Following the ruling of 6 April 2000, “Solidarnost” once again filed the necessary registration documents with the Ministry of Justice on 26 April 2000. In accordance with section 16 of the Act on Trade Unions, their rights and safeguard of their activities, the registration authority carried out checks on the branches of the trade union and found that the documents submitted did not correspond to the status claimed. Registration was therefore refused.
3. 151. The Committee deeply regrets that the Government has not provided any new information concerning this case and that while the complaint was lodged in March 2000, the complainant organization has still not been able to obtain its registration. The Committee recalls that although the founders of a trade union should comply with the formalities prescribed by legislation, these formalities should not be of such a nature as to impair the free establishment of organizations. Therefore, the Committee once again urges the Government to engage actively in discussions with the All-Ukrainian Trade Union “Solidarnost” with a view to establishing the date necessary for its registration. It once again requests the Government to keep it informed of the measures effectively taken to ensure the registration of the complainant organization as well as the measures taken concerning the reactivation of the union’s bank account.