Strasbourg, 9 February 2010                                                                  CDLR(2010)8

                                                                                         Item 10.2 of the agenda

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

OTHER ACTIVITIES IN THE FIELD OF LOCAL AND REGIONAL DEMOCRACY

Co-operation and assistance programmes

Secretariat Memorandum

prepared by the Directorate General of

Democracy and Political Affairs

Directorate of Democratic Institutions

This document is public. It will not be distributed at the meeting. Please bring this copy.

Ce document est public. Il ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.

Introduction

This document presents recent information on the implementation of co-operation and assistance activities in the field of local and regional government reform in the year 2009. The first part contains an overview of the main in-country and regional activities, while the second part provides details only on in-country activities.

Assistance and co-operation activities are an important component of the intergovernmental programme of activities of the Council of Europe in the field of local and regional democracy. At the 16^th session of their conference (Utrecht, 16-17 November 2009), the European ministers responsible for local and regional government agreed to pursue legislative and policy assistance and co-operation programmes as one of the five strands of action in the Council of Europe[1] and instructed the CDLR to “support and encourage” them, “in particular by examining their results regularly and by promoting them among governments, local and regional authorities, their associations as well as with potential partners and donors”.

Comprehensive proposals on how to proceed with the ministers’ request appear in document CDLR(2010)13.

For assistance and co-operation programmes, the CDLR is invited to note the possibility of developing “peer review”-type activities for one of the member states (Ukraine), since it has expressed an interest in this approach (see also document CDLR(2010)4).

Comments and suggestions from delegations on specific activities or issues to be tackled within the framework of co-operation and assistance programmes would be welcome.

Action required

The CDLR is invited to take note of the information contained in the appendix and make comments and proposals, if needs be, on the activities envisaged or on their implementation.

Appendix

I.         Assistance and co-operation activities in 2009 – an overview

Under the Council of Europe’s ordinary budget, sustained support for local self-government reforms was given to Armenia, Georgia and Ukraine. Targeted policy and legal advice was provided on legislation prepared by Albania, Azerbaijan and the Republika Srpska of Bosnia and Herzegovina. In the period between the end of the previous joint programmes for Montenegro and Serbia and the beginning of the new joint programmes, continuity in co-operation with these two countries was ensured by reallocating funds from the ordinary budget. Preparatory work was carried out to support the new Moldovan government in its efforts to enhance the local self-government system. Contacts were established so as to launch specific projects for encouraging  inter-municipal co-operation in Croatia and Russia.

Overall, under the ordinary budget, assistance was provided with the preparation/review of 12 laws and other legislative acts/policy documents on:

-           territorial planning (and  for the most urgent implementation secondary legislation acts) in Albania;

-           equalisation and inter-community unions in Armenia;

-           inspection control in the Republika Srpska of Bosnia and Herzegovina;

-           the capital city and the review of the constitutional provisions on local self-government in Georgia;

-           the administrative territorial reform, state regional policy, mountain regions, the capital city of Kyiv, the city of Sevastopil and the review of the constitutional provisions on local self-government in Ukraine.

CoE experts’ proposals were fully reflected in new legislation adopted in Albania on Territorial planning. Close co-operation with the World Bank was a key factor of the successful completion and adoption of this legislation. The CoE experts’ recommendations are having a visible impact on the ongoing legislative work in Armenia, Georgia and Ukraine. Trustworthy relationships developed in these four countries with policy makers at the highest level, and their commitment to deliver legislation in line with CoE standards, were decisive in achieving results.

The successful completion of the previous Joint Programmes with the EC in Serbia and Montenegro led to the signature of two new agreements (JP in Serbia of 2,200,000 €;  JP in Montenegro of 250,000 €). The impact on local self-government reforms in these two countries is significant and CoE visibility is high.

In Montenegro, the programme assisted with the drafting of the Law on Territorial Organisation and of the Law on Local Self-government.

In Serbia, the programme assisted with the drafting of the following legislation:

·         Law on Communal Police (and four related bylaws);

·         Law on Local Self-Government Staff;

·         Law on Administrative Disputes;

·         Law on Restitution of Property;

·         Law on Election of Councillors;

·         Law on State Electoral Commission;

·         Law on the Voters’ Register.

In addition to the Joint Programmes with the EC, two other important programmes were prepared and successfully submitted respectively to Swiss Co-operation (300,000 € for a two-year project to strengthen local self-government in Albania) and to Swedish SIDA (1,320,000 € for a three-year programme in support of local self-government reforms in Ukraine). These two programmes were launched in January 2010.

Strong political support and backing from main Government partners for project proposals in Serbia, Montenegro, Albania and Ukraine were crucial to the positive conclusion of negotiations with donors.

The 4^th OSCE-CoE co-ordination meeting (4 December 2009) identified strategic issues for which initiatives with a regional dimension would be suitable. Work in this direction should begin in 2010. Co-operation with the OSCE missions in Serbia and Montenegro continues and produces positive results. Joint support is provided for the drafting of new legislation according to the common standards of the two organisations. Excellent contacts were also maintained with the OSCE Mission in Albania, which backed the CoE proposals submitted to Swiss Co-operation and will be a partner in its implementation.

Two multilateral activities on Inter-Municipal Co-operation (IMC) were organised in Skopje and Strasbourg within the framework of the partnership with UNDP and the OSI-LGI. The joint initiative on IMC led to the preparation of a manual and model training material.

A multilateral initiative on the impact of the economic downturn on local government was developed in co-operation with OSI-LGI as part of the preparation of the Utrecht Ministerial Conference (16-17 November 2009). Regular contact with the LGI is maintained and an expert co-ordination meeting was jointly organised in December 2009.

II.       Implementation of country projects

1.             Albania

Drafting of the new law on territorial planning – The main activity in 2009 was the provision of policy guidance and legal/technical support to the Ministry of Public Works, Transport and Telecommunications (MPWTT) in the drafting of the new law on territorial planning^[2] which was adopted on 23 April 2009 (Law No. 10119). The CoE, the World Bank and local experts had several rounds of consultations (in May, October and November) to discuss the actions required for implementing this complex law, starting from the establishment of the National Territorial Planning Agency (NTPA). The initially agreed work plan was delayed owing to the elections and the replacement of the ministry’s expert in charge of this project.

Project on “Reinforcing local and regional government structures in Albania” – This project was prepared in co-operation with the Ministry of Interior, the MPWTT and the associations of communes and of municipalities. The Swiss Co-operation Organisation in Albania (SCO-A) granted the required funding for its implementation in 2010-2011. The project aimed at:

-          improving the framework for Inter-Municipal Co-operation (IMC), strengthening local government capacity and encouraging collaboration between small communities to provide better quality public services;

-          ensuring the effective implementation of the new legislation on Territorial Planning, and building the capacity of the National Territorial Planning Agency (NTPA);

-          raising awareness on Human Resources Management (HRM), developing and implementing a set of modern tools on HRM for local administrations.

Regionalisation – Although strengthening the Albanian regions is mentioned as a priority in the National Work Programme, no follow-up was given to the CoE proposals made at the 2007 national roundtable. A new project is funded by the EC, “Integrated Support for Decentralisation (ISD)” and will look into this issue, including the adoption of a Regional Development Law.

Fiscal decentralisation– There was no concrete follow-up to the activities initiated in 2007 for the review of the legislation on local finance.

2.             Armenia

The main activities in 2009 were the following:

Preparation of a new Action Plan on Local Self-Government (LSG) - The Plan (which still needs to be completed and approved by the government) includes four major points:

1.    implementation of the Law on Yerevan;

2.    revision of the basic law on LSG;

3.    financial decentralisation, including equalisation and local budgets/taxes issues;

4.    legal framework for Inter-Municipal Co-operation (IMC), preparation of territorial consolidation.

Draft Law on Financial Equalisation – Intensive support was provided to the Armenian government with the drafting of new legislation aimed at improving the 1998 law on equalisation. Three appraisals (DPA/LEX 6/2009, 10/2009 and 12/2009) were prepared on the initial and revised drafts. The last one was delivered in December 2009. The key issues were (and are) to ensure a fair and foreseeable amount of state grants, distributed according to objective criteria, laid down by law, and in a transparent manner, to equalise financial capacity and spending needs at a proper level.

Draft Concept of Inter-Community Unions (ICUs) – A concept paper (and an outdated draft law) on ICUs were discussed during the CoE mission to Yerevan in October. The government indicated a preference for the administrative-territorial reform and the merging of the communities, but admitted that the real work on territorial consolidation would probably begin only in 4-5 years time. The Association of Municipalities supports the creation of ICUs similar to the second-tier level of local governance within the 40 regions (rayons) which existed during the Soviet epoch. Major obstacles for the reform in both cases would be the resistance of local authorities, the need for Constitutional amendments and the unresolved issues of distribution of competencies and funding.

There have been no real developments concerning two other key issues, which were however discussed with the partners:

Implementation of the Law on Yerevan – The adoption of this law has raised expectations and local high level political officials demand that improvements are now extended to the other territorial communities. However, the effective implementation of the law has still to be secured. The required implementation steps should begin with the adoption of the new municipal statute and main regulations and end with the reorganisation/restructuring of the municipal administration and the establishment of the appropriate co-operation procedures with the State administration in the Capital City’s area. At the end of the year the DDI received a request to help draft a strategic development plan for Yerevan in December. This might be possible in 2010, subject to the availability of funding.

Review of the basic Law on Local Self-Government – This law should be revised and updated building on the new Law on Yerevan to extend improvements therein to the other municipalities. It could also include new provisions on IMC. The actual revision process should start in 2010.

3.             Azerbaijan

There were no co-operation activities carried out in 2009. However, the DDI remained in touch with the Azerbaijan representative in the CDLR and followed up on developments.

·         An amendment to the Constitution (Art. 146) was adopted notwithstanding the negative opinion of both the Venice Commission (VC) and DDI; the new provision states that the municipalities may be required to report to Parliament.

·         Following this constitutional amendment, a draft law on “Additions to the Law of the Republic of Azerbaijan on Status of Municipalities” was sent to the Venice Commission. The DDI issued an appraisal as a contribution to the work of VC (DPA/LEX 9/2009). It is worth recalling that the law on the status of municipalities was appraised by the DDI in 2004, but no follow up was given to the proposals made.

·         The 2008-2015 Programme on relieving poverty was adopted (and signed by the President); it contains some measures “to strengthen municipalities”. The relevant abstract was sent to DDI for information. A meeting was organised during the Utrecht Ministerial Conference with Mr Vilayat ZAHIROV, Deputy Minister of Justice, to discuss how the DDI could support legal reforms envisaged. No requests for assistance with legislative work have been received to date; the Ministry of Justice sent, instead, a request for the training of newly elected municipal authorities, which was forwarded to the Centre of Expertise.

4.             Bosnia and Herzegovina

Co-operation in the Federation BiH (FBiH) was at a standstill in 2009. It was expected that the CoE would be requested to participate in the work of the Co-ordinating Body for the Reform of Local Self-Government and to provide advice on and assistance in the harmonisation of the Federation and cantonal laws with the Federation of BiH Law on the Principles of Local Self-Government. A number of developments appear to have taken place during the year, particularly regarding the Law on Administrative Bodies and the Law on Inspections. However, the FBiH government has not requested the opinion of the CoE on compliance of these amended laws with the European Charter of Local Self-Government (the Charter).

Co-operation with the authorities of the Republika Srpska (RS) during the year focused on the appraisal of the Law on Inspection Control. This followed an earlier request to provide comments on a draft Law which was adopted in the meantime by Parliament. In October 2009, the Ministry of Administration and Local Government notified its interest in receiving comments for future possible amendments to the Law that was finally adopted. During a meeting in Banja Luka in December 2009, preliminary discussions on the law were held with the Ministry of Public Administration and Local Self-Government. The appraisal report will be finalised on the basis of the responses from the Ministry to the comments and recommendations contained in the preliminary report.

5.             Croatia

Although no co-operation activities took place, contacts with the Croatian authorities were re-established.

Bilateral meetings were organised in July with senior representatives of the Ministry of Administration (Former Central State Office of Administration) and the Associations of Towns and Municipalities. Several topics for co-operation were identified and could be implemented in 2010, subject to available resources. In particular the DDI could assist with:

·         the implementation of the new law on elections, providing expertise in this field and case-studies from the experience of other countries;

·         the analysis of the relations between local and regional officials and elected members;

·         the development of the legislative framework and the capacities of local administrations in the field of IMC.

Following the regional training of trainers workshop on IMC (Strasbourg, 3-6 November), an action plan prepared by the Croatian participants is being discussed with the Ministry of Administration for implementation in 2010.

6.             Georgia

Preparation of the National Decentralisation Strategy – The paper submitted by the Ministry was appraised in July. The CoE expert recommended making the strategy more focused, highlighting priorities, accepting a flexible timetable and preparing a full audit of all relevant legislation.

Drafting of the new law on Tbilisi and review of the basic law on local self-government – Two high level meetings were organised in Strasbourg (November) and Tbilisi (December). Key issues discussed included:

·         the balance of powers between the directly elected mayor of Tbilisi and the Tbilisi council, particularly in connection with the adoption of the budget;

·         the balance of power between the executive body and the “city manager” in the municipalities (the latter being a top official who must be accountable to local elected bodies);

·         the need to review the lists of local government competences/responsibilities which appear in the Organic law;

·         the need to include in the Organic law responsibilities common to all municipalities, including Tbilisi (specific provisions in the law on Tbilisi could increase, but should not reduce, these responsibilities);

·         the need to have a city manager also in Tbilisi.

Constitutional amendments– The new chapter on local government for the Constitution was drafted and sent to the Venice Commission. The DDI expert co-operated with the Venice Commission on the preparation of its opinion

In December, the Parliament adopted the new Electoral Code, the Law on Tbilisi, and the Organic Law on Local Self-Government. In addition to follow-up activities which might be required to further improve the above-mentioned legislation and/or ensure their smooth implementation, co-operation in 2010 could also include new legislation on Regional Policy.

7.             Moldova  

There was no follow-up to the technical assistance provided for the Local Government reform in 2007 and Local Public Finance law in 2008. After the elections, the newly-formed coalition government urged the Council of Europe to support the development of their reform programme; its priorities includes (in addition to the rule of law and European integration) the financial crisis, decentralisation and territorial consolidation.

According to information received two special commissions for decentralisation will be created, one by the Moldovan Parliament and one by the Government. The Government commission should elaborate a detailed Strategy for Local Government reform and together with the Parliament commission should co-ordinate the legal drafting process for the next months ahead. Following preliminary contacts with the Moldovan authorities, the Secretariat  confirmed its readiness to provide policy advice and technical expertise to support this process.

8.             Montenegro

Co-operation in the field of local self-government is taking place within the framework of the Programme on Strengthening Local Self-Government in Montenegro (Phase II), a Joint Initiative of the European Commission and the Council of Europe which began on 1 September 2009 for a period of 18 months.

In 2009, the main priorities were to finalise the activities initiated under the first phase of the Programme (2006-2008) in two important fields:  territorial organisation and amendments to the law on local self-government. The final appraisal report on the Law on Territorial Organisation was sent on 29 September. It is expected that this law will be adopted by the Parliament during the first half of 2010. The appraisal report of the amendments to the Law on LSG was sent to the government on 20 November 2009. The Law was adopted by Parliament on 25 December 2009.

Following the signature by Montenegro of the European Outline Convention on Transfrontier Co-operation (« Madrid Convention ») and its protocols in November 2009, the Ministry requested the support from the Council of Europe in the ratification process.

9.             Serbia

Co-operation in the field of local self-government during the year was carried out within the framework of the “Programme on Strengthening Local Self-Government in Serbia (Phase II)”, a Joint Initiative of the European Commission and the Council of Europe which started on 29 April 2009 for a period of three years.

Since the beginning of the Programme:

§  The draft Law on Communal Police was finalised and adopted by Parliament in July. The Programme supported the Ministry in the presentation of the Law through public events and in the preparation of four bylaws.

§  An analysis of the state of local self-government in Serbia was prepared and a Round Table was held on 5 November to present the analysis.

§  The draft Law on Local Self-Government Staff was completed in October.

§  A draft Law on Administrative Disputes, prepared by a local expert, as well as recommendations by an international expert, were presented in a Round Table on 6 November.

Following a request from the Ministry of Public Administration and Local Self-Government, the draft Law on Election of Councillors, the draft Law on State Electoral Commission and the draft Law on the Voters’ Register were sent to the Venice Commission and OSCE/ODIHR for appraisal. Joint Opinion no. 551/2009 was issued on 12 October 2009.

A Round Table on the restitution of property was organised in September 2009 and a workshop on local budgets and property in October, in co-operation with the Ministry of Finance.

Following the establishment of the National Council of Decentralisation (NCD) in May 2009, a joint work plan has been prepared with the Office of the NCD and discussed during a Steering Committee meeting held in December 2009.

10.          Russian Federation

Although no co-operation activities took place, contacts with the Russian authorities were re-established.

In October 2009, bilateral meetings were organised with key local government stakeholders (senior officials from the Ministry of Regional Development, the Ministry of Foreign Affairs, the National Congress of Municipalities and the Moscow Centre for Local Government). Possible co-operation was discussed in the fields of Inter-municipal Co-operation (IMC), Leadership Development and Public Ethics at local and regional levels.

The Ministry of Regional Development confirmed the importance of IMC for Russia and the need to improve conditions for IMC as well as to strengthen local (regional) government capacity in this area. Collaboration could start with the improvement of the legal framework for IMC.

Following the regional training of trainers workshop on IMC (Strasbourg, 3-6 November), an action plan prepared by the Russian participants is being discussed with the Russian authorities for implementation in 2010. The CoE resource pack on IMC was translated into Russian language.

11.          “The former Yugoslav Republic of Macedonia”

There was no follow-up to the visit to Strasbourg of the Minister of Local Self-Government Musa Xhaferri in December 2008. A mission to Skopje was organised in June 2009 and the Secretariat had meetings with the Ministry of Local Self-Government, Ministry of Finance and donors.

Several areas for possible co-operation were identified, including:

·         drafting of the Strategy for Decentralisation;

·         drafting of the legislation for the city of Skopje (revising the competences allocation between the municipalities and the city, without affecting the neighbourhood democracy);

·         drafting the legislation on construction and land ownership;

·         assessing the impact of decentralisation on LGUs, determining the expenditure needs and drawing up the revenue assignments;

·         designing a new mechanism for training with the Agency for civil servants and drafting the 2010 programme and training curricula for LGUs.

However, no requests for co-operation were received in 2009.

12.          Ukraine

Under the CoE-Ukraine Action Plan, legal assistance was provided to support legislative reform of local government. The following draft laws were appraised by the CoE experts and discussed with the government and parliament representatives during several meetings and round-tables:

-          on Administrative-Territorial Reform (ATR);

-          on the State Regional Policy (SRP);

-          on Mountainous Regions;

-          proposals for Constitutional amendments;

-          on the city of Sevastopil;

-          on the city of Kyiv.

The possibility of organising a Peer Review of the ATR at the governmental level was discussed and agreed. It could be carried out in 2010.

An important three-year programme starting in January 2010 (around € 1.3 M) was developed and negotiated with SIDA (Swedish International Development Agency). It will provide the resources for supporting an ambitious reform programme, including the review of territorial organisation, basic legislation on local and regional self-government, fiscal decentralisation, and the reform of municipal economy.

III.      Regional activities and co-ordination with partners

Work with the Organization for Security and Co-operation in Europe (OSCE)

The fourth coordination meeting between the Council of Europe[3] and the Organization for Security and Co-operation in Europe (OSCE) was held on 4 December 2009 in Strasbourg within the framework of their Co-operation Agreement signed in 2005. The meeting was attended by representatives of ODIHR, the OSCE field missions in Albania, Montenegro, Serbia, Kosovo^[4] and “the former Yugoslav Republic of Macedonia” and the Council of Europe Secretariat.

The meeting provided an opportunity for the two Organisations to exchange information on the political situation and the status of decentralisation reforms in the countries in South East Europe. This included presentations and discussions on the latest legal and institutional developments and capacity-building action at local (regional) level.

The Council of Europe Secretariat presented the conclusions of the last Conference of Ministers responsible for Local and Regional Government held in November in Utrecht and the latest developments on the Strategy for Innovation and Good Governance.

The two Organisations discussed their respective programmes of co-operation and joint work since their last co-ordination meeting which took place in November 2008. Areas for future co-operation, as well as country-specific and cross-cutting issues were considered. The following areas were identified for potential future joint work in many of the countries concerned:

-          citizens’ participation and civil society,

-          public ethics, transparency and accountability,

-          electoral arrangements at local level,

-          intermunicipal co-operation,

-          human resource management,

-          the role of Parliaments in the design of Decentralisation strategies.

Cross-cutting issues included discussions on joint project design and fund-raising with a view to better identifying emerging priorities and using available sources of funding (IPA instrument).

Co-operation with the Open Society Institute/Local Government and Public Service Reform Initiative and the UNDP

Intermunicipal Co-operation (IMC)

The co-operation project on IMC launched in 2008 by the Council of Europe, the Local Government and Public Service Reform Initiative of Open Society Institute and the UNDP Bratislava Regional Centre continued in 2009[5].

A regional workshop on Training and Quality Assurance in Intermunicipal Co-operation (IMC) was organised in Skopje, 17-19 June 2009. The objective of the workshop was to consider and discuss a draft toolkit on IMC developed following regional activities in 2008. The workshop brought together representatives from Armenia, Bosnia and Herzegovina, the UN Administered Province of Kosovo, and “the former Yugoslav Republic of Macedonia”. At the workshop, the participants put forward proposals for improving the draft toolkit and related training programme, as well as for promoting their future implementation in the region.

Following the regional workshop in Skopje, a co-ordination meeting for representatives and experts from UNDP, LGI-OSI and the Council of Europe took place on 3 September in Strasbourg. The meeting provided an opportunity for the participants to consider and discuss the draft toolkit on IMC including a Manual, a Guide for Practitioners and training material. The three partners agreed the way forward to the finalisation and the publication of the draft toolkit. Participants considered a proposed agenda for the forthcoming Training of Trainers workshop on IMC and discussed implementation details. 

A Training of Trainers workshop on IMC took place in Strasbourg, 3-6 November 2009. The objectives of the workshop were to: deepen understanding of IMC; learn how to use the Toolkit Manual and training material; prepare personal action plans for proposed in-country programmes. Fifteen high quality profile representatives from Albania, Armenia, Bulgaria, Kosovo, Ukraine and Russia participated in the workshop. Representatives, consultants and trainers from the Council of Europe, UNDP and LGI facilitated the training. Model action plans were developed by the participants and will be used for future programmes of co-operation with the participating countries.

The Manual on Intermunicipal Co-operation was completed and will be sent out to all parties involved in February 2010. The UNDP Bratislava will make revisions to the Guide for Practitioners. The Toolkit should be completed and published soon in 2010. A website on IMC developed by UNDP is being launched to support the process and promote the Toolkit on IMC.

Co-operation initiative of the European Committee on Local and Regional Democracy (CDLR) and the Open Society Institute/Local Government and Public Service Reform Initiative

“The impact of the economic downturn on local government in Europe: what is happening and what can be done about it?”: to answer this question, an analysis was prepared under the aegis of the European Committee on Local and Regional Democracy (CDLR) by a team convened by the Local Government and Public Service Reform Initiative of the Open Society Institute (LGI) and the Council of Europe. The analysis was based on data on the financial performance of local governments up to the first half of 2009 from 32 countries, the Council of European Municipalities and Regions (CEMR) January 2009 survey and the OECD papers presented to the conference on the crisis and sub-central fiscal policy in June 2009.

The report was presented for consideration at the Council of Europe Conference of Ministers responsible for local and regional government as a basis for discussion at its 16^th session in Utrecht. Ministers discussed what policy measures could be suitable in order to alleviate the impact of the crisis on local governments. There was broad agreement that the policy measures identified in the preparatory work reflected the CoE tools available for technical assistance. Ministers agreed that governments must take responsibility to mitigate, counter and overcome the impact of the economic crisis (all the more so because it has potentially wide destructive effects on social cohesion and risks exacerbating societal tensions) and that all action in response to the crisis must remain fully compatible with the obligation of member States under the European Charter of Local Self-Government. There was a widespread recognition of the need for improvements in governance and in the management of public expenditure, for increasing efficiency across the whole public sector, and for greater collaboration between all the stakeholders, central government, local and regional authorities as well as their associations.

The Utrecht Declaration expresses in a substantive manner Ministers’ views and commitments for action both at domestic and European level. Ministers decided that a review conference should be held in 2010 to assess the situation and review the effectiveness of the measures adopted, and that the report should be updated for 2010 and 2011 with a view to presenting the evolution of the situation at the next Ministerial conference to be held in Ukraine.