NordenBladet —Today, Juhan Sarv, who is a former judge of Tartu Circuit Court and is due to start work as a justice of the Supreme Court from 3 February, took his oath of office before the Riigikogu.
The Chief Justice of the Supreme Court Villu Kõve has said in the explanatory memorandum to the relevant Resolution of the Riigikogu that Juhan Sarv is an experienced and recognised lawyer. His long-time work experience as an adviser to the Criminal Chamber of the Supreme Court and as a judge of Tartu Circuit Court allows him to contribute significantly to the work of the Supreme Court and the further development of Estonian criminal law.
Sarv graduated from the University of Tartu with a degree in law in 2002. He worked as an adviser to the Criminal Chamber of the Supreme Court in 2002–2017. Sarv has been working as a judge of Tartu Circuit Court since August 2017. In addition, he is one of the authors of the Penal Code, the Code of Criminal Procedure, the Constitution of the Republic of Estonia, the Courts Act and the Constitutional Review Court Procedure Act.
NordenBladet —At the meeting of President of the Riigikogu (Parliament of Estonia) Henn Põlluaas and Secretary for Relations with States of the Vatican, Archbishop Paul Richard Gallagher today, general humanitarian and ethical issues and situation in the tension zones of the world were discussed.
At the meeting with Archbishop Gallagher, Põlluaas expressed his pleasure over the excellent relations between Estonia and the Vatican that were proven by the high-level visits that had taken place over the years.
“We are thankful to the Holy See for recognising the new independent Republic of Estonia for the first time on 10 November 1921, and after the restoration of Estonia’s independence on 28 August 1991. We highly appreciate the position of the Holy See regarding its non-recognition of the annexation of Estonia by the Soviet Union,” Põlluaas said. He thanked the Vatican for the attention Pope Francis had given Estonia with his visit on the occasion of the 100th anniversary of our country. “It is a special pleasure to highlight Vatican’s support to the Republic of Estonia just now, when we are celebrating the 100th anniversary of the Tartu Peace Treaty.”
Vatican considers the protection of Christians and Christian values in different regions of the world especially important. At the meeting, a lively discussion was held on keeping and protecting Christian and ethical values in the mutual relations between states. Besides that, the situation in Europe and the tension zones of the world, where it was necessary to ensure the protection of people and humanitarian aid, was spoken about.
The issues of climate change, resolution of humanitarian crises and helping persons in need were also discussed.
The meeting with the Secretary for Relations with States was attended by member of the Foreign Affairs Committee of the Riigikogu Keit Pentus-Rosimannus and Apostolic Nuncio Archbishop Petar Rajic.
NordenBladet —Today, the Estonian delegation to the Baltic Assembly (BA) participates on the meeting of the Education, Science and Culture Committee of the Baltic Assembly held in Vilnius. The agenda of the meeting focuses on minimising of ecological footprint, partnerships of the higher educational institutions of the Baltic States, promoting of joint scientific publications and research projects, issues relating to the Baltic Culture Fund, and cooperation with CERN.
Member of the Estonian delegation Signe Kivi said that one of the key targets of Estonia as the new presiding country of the BA was international cultural branding of the Baltic States from the angle of reducing of environmental footprint. “The harsh impacts of climate change can be felt in all countries, and this requires rapid and ambitious collective action and strong political will. Therefore, Estonia as the presiding country wants to propose merging of two relevant topics – cultural organising and minimising of ecological footprint,” Kivi added.
Member of the delegation Helle-Moonika Helme emphasised that another important issue to be discussed at the meeting was cooperation with European Organization for Nuclear Research, or CERN. “Most probably, already this summer Estonia will join CERN as an associate member state, which is a pre-stage to full membership. CERN Member States have special duties and privileges. They make a contribution to the capital and operating costs of CERN’s programmes, and are represented in the Council, which is responsible for all important decisions about the organization and its activities,” Helme said.
The Baltic Assembly (BA) is a consultative cooperation organisation of the parliaments of the three Baltic States that discusses issues of mutual interest. This year, Estonia is holding the presidency of the BA.
NordenBladet —At today’s plenary sitting, the Riigikogu passed the Act that creates the possibility to apply for citizenship under a simplified procedure for minors who were born in Estonia and whose parents or grandparents have resided here before the restoration of the independence of the Republic of Estonia.
The Act on Amendments to the Citizenship Act (58 SE), initiated by the Government, concerns minors one of whose parents is of undetermined nationality and whose other parent is a citizen of a foreign country. A minor acquires Estonian citizenship at the request of his or her legal representative if his or her parent or grandparent was a resident of Estonia as at 20 August 1991. If a minor who wishes to acquire Estonian citizenship is a citizen of another country, he or she must first renounce citizenship of the relevant country. A Resolution of the Government on the granting of Estonian citizenship enters into force on the day following the day on which the certificate to the effect that the person has been released from citizenship of the other country is submitted to the governmental authority authorised by the Government.
During the debate, Andrei Korobeinik (Centre Party), Hanno Pevkur (Reform Party) and Jevgeni Ossinovski (Social Democratic Party) took the floor on behalf of the factions.
64 members of the Riigikogu voted in favour of the passage of the Act and 26 voted against.
Two Bills passed the first reading:
The Bill on Amendments to the Commercial Code (transfer of share) (117 SE), initiated by the Government, will simplify the transfer of shares of private limited companies and eliminate unnecessary restrictions and formal requirements. The minimum value of a share will be set at one cent instead of the current one euro which will allow to determine the amounts of the shares of private limited companies more flexibly. The notarisation requirement will generally remain in force as a formal requirement for the disposition for the transfer and pledge of a share. Only private limited companies with a share capital exceeding 25,000 euro will be able to waive this requirement with the consent of all partners.
During the debate, Toomas Kivimägi (Reform Party), Siim Kiisler (Isamaa) and Riina Sikkut (Social Democratic Party) took the floor.
The Bill on Amendments to the Commercial Code, the Notarisation Act and the Notary Fees Act (101 SE), initiated by the Legal Affairs Committee, is intended to simplify the legal transactions performed with the shares of private limited companies and to eliminate unnecessary restrictions and formal requirements. In the drafting of the amendments, particular account has been taken of the interests of private limited companies with a circle of international shareholders, and the problems that have become apparent in practice. The purpose of the Bill is to make Estonian private limited companies as a form of enterprise more attractive in competition with such forms of enterprise in other countries, in particular other European Union Member States. The Bill is intended to reduce situations where investors choose not to use Estonian private limited companies to carry out business projects related to Estonia because this is too complicated or costly.
NordenBladet —The Bill ratifying the International Convention on the Removal of Wrecks, adopted in Nairobi on 18 May 2007, passed the first reading in the Riigikogu today.
Under the Bill on the Ratification of the Nairobi International Convention on the Removal of Wrecks, 2007 (123 SE), initiated by the Government of the Republic, the Convention establishes uniform international rules for the removal of hazardous wrecks and payment of compensation for the costs therein involved. Owners of ships of 300 gross tonnage and above are subject to the requirement of compulsory insurance to ensure the costs of removing hazardous wrecks. The Convention does not apply retroactively. It will be applied to maritime casualties that will occur from the entry into force of the Convention. Estonia wishes to apply the Convention in all its maritime areas and not just in its economic zone, and in view of that, according to the Bill, a relevant declaration will be made.
The explanatory memorandum notes that the Convention will have an impact on business and the business environment. It will increase the sense of security for businesses that Estonia as a maritime nation applies uniform standards. Owners of ships registered in Estonia, and ships flying the Estonian flag under a charter party, as well as owners of ships flying the flags of other countries that visit the Estonian maritime area are the target group of the Bill. Ship owners have an obligation to insure their ships to cover the damages relating to the wreckage of the ships to the extent of the liability insurance established by the Convention, depending on the tonnage of the ship.
The ratification of the Convention will have a positive impact on environmental protection and human health because it will allow to respond more efficiently in the event of a maritime casualty and to prevent the spread of potential pollution.
By now, 40 countries have ratified the Convention or acceded to it, and 13 of them are European Union countries. Estonia signed the Convention on 28 March 2008. The Convention enters into force for Estonia three months following the date of deposit of the instrument of ratification with the Secretary-General of the International Maritime Organization (IMO).
It will be necessary to amend the Maritime Safety Act in order to comply with the Convention. A Bill on amendments to the Maritime Safety Act is undergoing approval. According to the amendments, the Maritime Administration will issue certificates under the Convention, which will bring about a certain increase in its workload.
According the explanatory memorandum, the number of abandoned wrecks is estimated at almost thirteen hundred worldwide and they may pose a hazard to navigation as well as the environment. The Convention is intended to avoid potential hazards in the future.
Prime Minister Jüri Ratas replied to the interpellation concerning authorisation agreements involving tax evasion (No. 15), submitted by members of the Riigikogu.
During the debate, Aivar Sõerd (Reform Party) and Riina Sikkut (Social Democratic Party) took the floor.
The Prime Minister also replied to the interpellation concerning the medicinal product policy (No. 17).
Jevgeni Ossinovski (Social Democratic Party) took the floor during the debate.
The Minister of Finance Martin Helme replied to the interpellation concerning the participation of an adviser to the Minister of Finance at the press conference of wind farm developers (No. 16).
During the open microphone, Kalle Grünthal took the floor.
NordenBladet —Today, President of the Riigikogu (Parliament of Estonia) Henn Põlluaas visits Ämari Air Base, where he welcomes the airmen of the Polish Air Forces who started their service in NATO Baltic Air Policing mission at the beginning of this year.
Põlluaas emphasised that NATO’s Baltic Air Policing mission was a part of collective defence for the preservation of peace and stability in our region.
“Estonia and Poland are firm allies both in NATO and in the European Union. We have similar historical experiences, values, and a common understanding of the current threats to security. We have a common neighbour – Russia – who has turned its back on international law and agreements, and is even trying to rewrite the real history to suit its own needs,” the President of the Riigikogu said.
According to Põlluaas, the recent accusation against Poland for having started World War II is just one example of this, as are Russia’s aggressions against Georgia and Ukraine. “We are resolutely condemning all such actions,” Põlluaas said. “All this reminds us every day that the security threat from the East has not disappeared. This is why we welcome wholeheartedly the help of our NATO allies in defending our borders.”
The President of the Riigikogu visits the Polish airmen, who took over the air policing duties from the Czech Air Force, together with Ambassador of Poland Grzegorz Kozłowski. They are accompanied by Chairman of the National Defence Committee of the Riigikogu and Chairman of the Estonian Defence Industry Support Group Andres Metsoja, and Chairman of the Estonia-Poland Parliamentary Group Aadu Must.
It is the first time Poland conducts air policing in Estonia. From January to April, the Estonian air space is guarded by four F-16 fighters of the Polish Air Forces. By today, 16 allies have contributed to the Baltic air policing. Nine of them have been based in Ämari: Belgium, Czech Republic, Denmark, France, Germany, Italy, Poland, Spain and the United Kingdom.
NordenBladet — This week, the Riigikogu Delegation to the Parliamentary Assembly of the Council of Europe (PACE) participates in the winter session of the Assembly in Strasbourg, where extending the credentials of Russia’s delegation and the functioning of democratic institutions in Poland will be discussed.
At the winter session, the Estonian delegation to the PACE is headed by Member of the Riigikogu (Parliament of Estonia) Raivo Tamm. In his opinion, it is extremely important how the members of the Assembly behave in the situation where all member states are once again at the table and try to hold a political dialogue. “PACE should increase it focus on the fundamental values of the organisation: human rights, democracy and principles of the rule of law,” Tamm said.
Member of the Estonian delegation Eerik-Niiles Kross thinks that the crisis of confidence in the PACE, which started with the return of the delegation of the Russian Federation, will continue also during this session. “There are many discussions on relatively unimportant issues and few discussions on the most important issues,” Kross stated. “It is the duty of the Estonian delegation to contribute to upholding substantial and honest debate without any double standards in the PACE. We plan to do it also this time.”
On Wednesday, Kross will participate in the side event where politically motivated imprisonment in Russia and ways in which the Council of Europe can respond to it will be spoken about.
The main topics of the debates on the agenda of the PACE session include a complementary joint procedure between the Committee of Ministers and the Assembly in response to a serious violation by a member State of its statutory obligations, the functioning of democratic institutions in Poland, and reported cases of political prisoners in Azerbaijan.
MPs will also discuss threats to media freedom and journalists’ security, and a report on “Democracy hacked? How to respond?” The Presidents of Georgia and Moldova, as well as the Foreign Minister of Georgia and President of the Committee of Ministers and the newly-elected Secretary General of the Council of Europe will address PACE. There may also be debates on the recent developments in Libya and in the Middle East, and also on ongoing violation of the rule of law, human rights and democracy in Turkey.
NordenBladet —At today’s plenary sitting, the Riigikogu passed the Act that harmonises the conditions for control of the acquisition and possession of weapons in the European Union.
The Act on Amendments to the Weapons Act, the State Fees Act and the Strategic Goods Act (transposition of the Firearms Directive) (62 SE), initiated by the Government, transposes the Directive of the European Parliament and of the Council which updates the requirements for the free movement of firearms and their essential components within the European Union. Compared to the regulation that was in force before, the requirements for travelling with weapons and deactivated weapons in the European Union territory will change.
In the future, for example, it will not be possible to travel with category B hunting weapons on the basis of a firearms pass. This will be subject to a prior authorisation from the destination country each time, and a one-off authorisation from the Police and Border Guard Board will be needed to take a weapon out of Estonia. The majority of hunting weapons registered in Estonia are in category C, and they can still be conveyed on the basis of a firearms pass within the European Union. Persons who wish to travel with deactivated weapons will also be required to apply for a relevant consent of a public authority. The procedure for conveying ammunition within the European Union will also change.
The Act establishes heightened requirements for owning and possessing semi-automatic firearms with large-capacity magazines using centre-fire cartridges. Persons applying for acquisition of firearms with such magazines need to provide proof that they are actively practising for or participating in shooting competitions. A person who has been a member of a shooting sports club for at least 12 months can acquire a weapon. Acquisition of such semi-automatic firearms for the purpose of self-protection and protection of property is prohibited by law.
The requirements for the collection of weapons also change. Collections may be established for historical, cultural, research, technological, educational and cultural heritage purposes on the basis of a collection permit for weapons and cartridges issued by the Police and Border Guard Board in the cases when the ownership of the weapon does not endanger national security or public order. The period of validity of a collection permit is reduced from ten to five years, and limits are set on firearms which are capable of firing and ammunition that are collected.
In the course of the proceedings on the Bill, the definition of museum was included in the Weapons Act. The adoption of the new term is necessary in order to make a distinction between authorities that maintain weapons collections under the Museums Act, and persons who collect weapons under the Weapons Act. According to the definition, museums may acquire, preserve, research and exhibit weapons, essential components of firearms, magazines in restricted commerce, and ammunition for historical, cultural, research, technological, educational, cultural heritage or entertainment purposes. Military weapons and deactivated or demilitarised weapons may also belong to weapons collections of museums, besides weapons in restricted commerce. Private museums that own weapons will also be able to join the database of museums. The Act is intended to preclude situations where persons who own weapons for the purpose of preserving history are not under state supervision.
In addition, the Act was amended by adding the definition of person participating in national defence, who may be active serviceman within the meaning of the Military Service Act. It also includes active members of the Estonian Defence League and members of national defence representative organisations when they are appointed to wartime positions. Such persons are the first to be called up for military service in a crisis situation or a situation of war. Therefore they are also allowed to engage in shooting training more efficiently with their personal weapons with larger magazines, and to train themselves voluntarily for participation in military national defence.
84 members of the Riigikogu voted in favour of the passage of the Act and one was against.
NordenBladet —The Bill giving minors who are capable of judgement the right to receive psychiatric treatment with their consent passed the first reading in the Riigikogu today.
The Bill on Amendments to § 3 of the Mental Health Act (115 SE), initiated by the Social Democratic Party Faction, will amend the provision of the Mental Health Act that regulates the provision of psychiatric care to minors and persons with restricted active legal capacity. Under the current regulation, it is impossible for a young person under 18 years of age to receive psychiatric care before his or her parent or legal representative grants consent thereto. As an extreme resort, an authorisation by a court can be applied for instead.
According to the Bill, minors who are capable of judgement, and who understand the nature of their illness, the available treatment options and the potential consequences of refusing them will obtain the right to receive psychiatric care with their consent. The explanatory memorandum notes that early and timely medical intervention helps prevent aggravation of illness and enables efficient and effective treatment which in turn helps reduce mental health problems in young people.
NordenBladet —The Riigikogu approved its agenda, according to which six Bills will be at the first reading and one Bill will be at the third reading this working week.
There is no deliberation of Bills or replying to interpellations at Monday’s sitting.
At Tuesday’s sitting, the Bill on Amendments to § 3 of the Mental Health Act (115 SE) will be at the first reading.
At Wednesday’s sitting, five Bills will be at the third reading. They are the following: the National Defence Bill (112 SE); the Bill on Amendments to the Penal Code (offences against national defence) (113 SE); the Bill on Amendments to the Code of Criminal Procedure, the Code of Administrative Court Procedure and the Penal Code and Other Acts (specifications of criminal, misdemeanour and judicial proceedings during state of emergency and state of war) (114 SE); the Bill on Amendments to the 2014‒2020 Structural Assistance Act and the Foreign Relations Act (129 SE); and the Bill on Amendments to the Money Laundering and Terrorist Financing Prevention Act and Other Acts (130 SE).
At Wednesday’s sitting, the Bill on Amendments to the Weapons Act, the State Fees Act and the Strategic Goods Act (transposition of the Firearms Directive) (62 SE) will be at the third reading.
During the open microphone, Siret Kotka and Marko Šorin took the floor.