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Legal Opinions and Comments

  • Opinion on the Impact of the Ratification of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence on Legislation in Montenegro
    This Opinion on the impact of the ratification of the Istanbul Convention for Montenegro was prepared in response to the above request. The OSCE/ODIHR conducted this assessment within its mandate as established by the OSCE Action Plan for the Promotion of Gender Equality, which states that “[t]he ODIHR, in co-operation with other international organizations and relevant national bodies and institutions, will assist OSCE participating States in complying with international instruments for the promotion of gender equality and women’s rights, and in reviewing legislation to ensure appropriate legal guarantees for the promotion of gender equality in accordance with OSCE and other commitments”.
    Report
    10 September 2014
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  • Joint Opinion on the Criminal Procedure Code of Georgia
    This Joint Opinion analyzes the Criminal Procedure Code of Georgia against the background of its compatibility with relevant international standards and OSCE commitments. Thus limited, the Joint Opinion does not constitute a full and comprehensive review of the criminal law system of Georgia.
    Report
    22 August 2014
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  • Opinion on Draft Amendements to Some Legislative Acts of Ukraine Concerning Transparency of Financing of Political Parties and Election Campaigns
    This Opinion analyzes the provisions of the draft Amendments against the background of their compatibility with relevant international standards and OSCE commitments.
    Report
    11 September 2014
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  • Opinion on the Draft Law of Ukraine on Combating Cybercrime
    The scope of this Opinion only covers the Draft Law submitted for review. Thus limited, it does not constitute a full and comprehensive review of the entire legal and institutional framework relating to combating cybercrime in Ukraine. In particular, the opinion does not address issues pertaining to the definition of cybercrime under the Criminal Code, criminal procedure rules and provisions relating to mutual legal assistance in criminal matters.
    Report
    22 August 2014
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  • Opinion on the Draft Law on Compensation of Damages for Victims of Criminal Acts in Montenegro
    The scope of this Opinion mainly covers the Draft Law submitted for review. The Opinion focuses on aspects relating to the establishment and functioning of a state compensation scheme/fund covered by the Draft Law. Thus limited, it does not constitute a full and comprehensive review of the entire legal and institutional framework pertaining to the full and effective reparation1 of victims2 of criminal acts in Montenegro. It must be highlighted that the upcoming OSCE/ODIHR Opinion on the legal framework on preventing and combatting violence against women and domestic violence in Montenegro will further address other aspects pertaining to the reparation of victims of violence against women and domestic violence.
    Report
    26 July 2014
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  • Opinion on Two Draft Anti-Corruption Laws of Ukraine
    This Opinion analyzes the two draft Laws, the draft "Law of Ukraine on the National Bureau of Anti-Corruption Investigations" (hereinafter the 'NBACI draft Law') and the draft "Law of Ukraine on National Anticorruption Service" (hereinafter the 'NACS draft Law') against the background of their compatibility with relevant international standards and OSCE commitments.
    Report
    18 July 2014
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  • Opinion on Certain Provisions of the Draft Act on Land-Use Planning and Construction of the Slovak Republic
    The scope of this Opinion covers only certain provisions of the Draft Building Act, submitted for review.1 The Opinion does not address issues relating to the technical aspects of land use planning and building legislation and only analyzes the provisions of the Draft Building Act, in so far as they are relevant from a human rights perspective. Thus limited, the Opinion does not constitute a full and comprehensive review of the entire legal and institutional framework governing property, land and housing rights in the Slovak Republic.
    Report
    1 July 2014
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  • Joint Opinion on the Draft Amendments to the Legal Framework on the Disciplinary Responsibility of Judges in the Kyrgyz Republic
    The scope of this Joint Opinion covers only the Draft Amendments, submitted for review, and the legislation that they are amending. Thus limited, the Joint Opinion does not constitute a full and comprehensive review of the entire legal and institutional framework governing the status and disciplinary responsibility of judges in the Kyrgyz Republic.
    Study / report
    16 June 2014
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