The Ukrainian government attempted to use criminal investigations and prosecutions by the police and the security forces as well as the judiciary in an attempt to confiscate trade union properties. On 19 October 2021, the Pechersk District Court of Kyiv issued a ruling for the seizure of the immovable property of the Federation of the Trade Unions of Ukraine (the FPU), including the Trade Union House in Kyiv, which was built with trade union funds in 1980 and rebuilt on its own after the fire in 2019. The ruling was registered on 5 January 2022.
Regrettably, the court hearing during which this ruling was issued was held without notice to the FPU. The FPU has appealed the court ruling. This notwithstanding, on 19 January 2022 the prosecutor’s office filed a request to transfer the seized property to the National Agency of Ukraine for Detention, Search and Management of Assets Derived from Corruption and Other Crimes. If upheld, this will deprive the FPU of its current trade union premises in addition to depriving it of access to the other trade union properties it uses for its trade union activities.
Furthermore, the Cabinet of Ministers of Ukraine have approved the draft laws “On Legal Regime of Property of All-Union Public Associations (Organizations) of Former USSR” and “On Moratorium on Alienation of Property of All-Union Public Associations (Organizations) of Former USSR”. The draft laws were introduced in the Verkhovna Rada of Ukraine on 10 December 2021 with registration numbers 6420 and 6421 and are under consideration by the relevant committees of the Verkhovna Rada.
These two laws affecting trade unions were introduced in the Verkhovna Rada unilaterally and without meaningful consultation with trade unions. The relevant committees are considering these draft laws without the participation of the trade unions concerned.
This is a blatant attack on the inviolability of trade union property and a disregard for due process and the rule of law.