Effect given to the recommendations of the committee and the Governing Body - Report No 334, June 2004

Case No 2038 (Ukraine) - Complaint date: 26-FEB-99 - Closed

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

1. 79. The Committee last examined this case at its November 2003 meeting when it noted with interest the amendment of section 16 of the Trade Unions Act [see 332nd Report, paras. 172-174].
2. 80. In its communication dated 31 January 2004, the Government forwards the copy of amended section 16 of the Trade Unions Act.
3. 81. The Committee notes that according to newly amended section 16 of the Trade Unions Act, "a trade union acquires the rights of a legal person from the moment of the approval of its statute". However, according to section 3 of the Act of Ukraine on the state registration of legal persons and physical persons-entrepreneurs of 15 May 2003, "the associations of citizens (including trade unions), for which special conditions for state registration have been established under the Act, shall obtain the status of legal person only after their state registration, to be conducted in accordance with the order established by the present Act", and, according to section 87 of the Civil Code of 16 January 2003, an organization acquires its rights of legal personality from the moment of its registration. The Committee notes the contradiction in the legislation and requests the Government to provide clarification in this respect without delay.