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Contact:legislationline@odihr.pl

Legislationline.org provides direct access to international norms and standards relating to specific human dimension issues (see list of topics on left-hand column) as well as to domestic legislation and other documents of relevance to these issues. These data and other information available from the site are intended for lawmakers across the OSCE region.     

 

 

 

 
 

OSCE/ODIHR has recently produced the following legal reviews and guidelines:


Joint Opinion on Two Draft Laws of Ukraine on Freedom of Peaceful Assembly (18 October 2016)

The Venice Commission, the Directorate General and the OSCE/ODIHR welcome the efforts which are being made in Ukraine with a view to providing a legal framework for the exercise of the right to freedom of peaceful assembly. Both drafts, submitted for assessment, large parts of which are in line with international standards, constitute a genuine attempt to fill the existing legislative lacuna in this area, as highlighted by the ECtHR in its Vyerentsov v. Ukraine judgment. It is up to the Ukrainian authorities to choose the appropriate way to satisfy the requirements of this judgment, either by enacting a specific law on freedom of assembly or by introducing amendments to the existing legislation in order to regulate this field. The present Draft Laws may be seen as a step towards adopting a specific law in this area. Subject to further improvements, both draft laws would form a good basis for a future legal framework. In the end, the Ukrainian decision-makers will decide which draft law should be the subject of subsequent steps in the legislative procedure. Regardless of their choice, the substance of the observations and recommendations contained in the present joint opinion concerning both drafts, as well as those contained in the previous opinions adopted by the Venice Commission in respect of Ukraine in the field of freedom of assembly, remain applicable. 


Opinion on the Draft Amendments to the Legal Framework on Countering Extremism and Terrorism in the Republic of Kazakhstan (6 October 2016)

The Preliminary Opinion notes that the legal definition of “terrorism” and so called “extremism”-related offences in the Criminal Code of Kazakhstan would benefit from further amendments in order to comply with the principles of legal certainty, foreseeability and specificity of criminal law, and to ensure that only “violent extremism” is criminalized. It also concludes that the draft amendments introduce some new provisions which have the potential to unduly restrict freedom of movement and to choose one’s residence, the right to freedom of expression – particularly in terms of access to the Internet and other communication tools, as well as the right to freedom of religion or belief.



Opinion on the Draft Amendments to the Criminal Procedure Code of the Republic of Armenia (15 July 2016)

While the Opinion acknowledges that the Draft Amendments overall improve the transparency of criminal investigations, it also provides concrete recommendations for improvement, in particular to guarantee the impartiality and independence of attesting witnesses during criminal proceedings.  


ODIHR's work on regulatory reform:


Assessment of the Legislative Process in the Kyrgyz Republic (October 2015)

Based on a Memorandum of Understanding, signed between the OSCE/ODIHR and the Presidential Administration of the Kyrgyz Republic on 7 January 2015, the OSCE/ODIHR conducted a comprehensive assessment of the legislative process in the Kyrgyz Republic, which analyzed all the legislative and practical aspects of the law-making process in the country, and provided recommendations for reform. 

ODIHR's assessment report recommends, among other measures, to introduce unified evidence-based drafting and law-making standards in the Kyrgyz Republic, including public consultations on draft laws. It further advises law-makers to enhance policy discussions at the start of the legislative process, and to introduce more realistic procedural deadlines. 

Assessment of the Legislative Process in Georgia (January 2015)  

Based on a Memorandum of Understanding, signed between the OSCE/ODIHR and the Parliament of Georgia on 24 February 2014, the OSCE/ODIHR conducted a comprehensive assessment of the legislative process in Georgia, a situational analysis of both the formal procedures and the actual practices in Georgia that apply to the preparation, drafting, enactment, publication, communication and evaluation of legislation.

The assessment report discusses the salient aspects of the legislative drafting / law-making process in the country and identifies the existing concerns and risks as well as a number of goals to be achieved in order to enable the law-making system to function in a more effective, transparent and efficient way. 



 

Legal Reviews

Joint Opinion on the Draft Law on Introduction of Changes and Amendments to the Constitution of the Kyrgyz Republic (in English)

Date : 19 October 2016 English [0.52 MB]

Joint Opinion on Two Draft Laws on Guarantees for Freedom of Peaceful Assembly of Ukraine (in English)

Date : 18 October 2016 English [0.55 MB]

Joint Opinion on the Amendments to the Electoral Code of the former Yugoslav Republic of Macedonia (in English)

Date : 17 October 2016 English [0.30 MB]
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Lawmaking surveys

Assessment of the Legislative Process in the Kyrgyz Republic

Date : 08 December 2015 English [0.56 MB]

Assessment of the Legislative Process in Georgia

Date : 30 January 2015 English [0.37 MB]

Assessment of the Legislative Process in Georgia (in Georgian)

Date : 30 January 2015 Georgian [0.45 MB]
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