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Ukraine

Improve Government Rules on CSO Involvement (UA0031)

Overview

At-a-Glance

Action Plan: Ukraine Second Action Plan 2014-2015

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Ministry of Justice

Support Institution(s): United Nations Development Programme (UNDP), unspecified NGOs and international organisations

Policy Areas

E-Government, Legislation & Regulation, Public Participation

IRM Review

IRM Report: Ukraine End-of-Term Report 2014-2016, Ukraine IRM Report 2014 – 2015

Starred: No

Early Results: Marginal

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation , Public Accountability

Potential Impact:

Implementation i

Completion:

Description

Preparing and submitting to the Cabinet of Ministers of Ukraine proposals on amending the Cabinet of Ministers resolutions that govern the procedure of interaction with civil society institutions as regards public consultations, establishment and operation of public councils under executive authorities, facilitation of public expert evaluations of executive authorities’ activities

IRM End of Term Status Summary

1. Improve government rules on CSO involvement

Commitment Text: Preparing and submitting to the Cabinet of Ministers of Ukraine proposals on amending the Cabinet of Ministers resolutions that govern the procedure of interaction with civil society institutions as regards public consultations, establishment and operation of public councils under executive authorities, facilitation of public expert evaluations of executive authorities’ activities.

Expected result: relevant resolution adopted by the Cabinet of Ministers of Ukraine.

4. Public Participation Law

Commitment Text: Developing and submitting to the Cabinet of Ministers of Ukraine in due course of a draft law on public participation in state policy making and implementation as well as in addressing local-level issues.

Expected result: relevant draft law endorsed by the Cabinet of Ministers of Ukraine, submitted to the Verkhovna Rada of Ukraine, and followed up until adoption.

Editorial Note: The IRM researcher grouped these two commitments together, since both are related to public participation in policy making.

Responsible institution(s): Ministry of Justice

Supporting institution(s): United Nations Development Programme (UNDP), unspecified NGOs and international organisations (commitment 1); Ministry of Regional Development, State Agency for E-Governance, Administration of the State Service for Special Communications and Information Protection, NGO "Ukrainian Independent Centre for Political Research," UNDP, non-specified NGOs and international organisations (Commitment 4)

Start Date: Not specified .............. End Date: May 2015

Commitment aim

Both commitments aimed to improve civil society participation in the development and implementation of public policy by establishing new formal procedures and structures or refining existing ones. Civil society engagement is crucial for effective participatory democracy, especially in Ukraine, where the legacy of state monopoly over public policy is still strong. Commitment 1 focused on improving government rules to better facilitate public consultation in policymaking. Commitment 4 sought to draft and, ultimately, adopt a law on public participation. If implemented, this would be a major step forward in improving citizen engagement in decision making.

Status

1. Improving government rules on CSO involvement

Midterm: Complete

The government adopted several regulations with regard to CSOs involvement in the policy making process: Procedure for Consultations with the Public on Policy Development and Implementation, and Model Regulations on Public Councils to the Executive Authorities (both adopted in 2010), as well as Procedure for Facilitating Public Examination of the Executive Authorities (adopted in 2008). For a long time, CSOs advocated for revision of the above regulations to streamline and make them more effective. The first commitment was fully implemented. The Ministry of Justice set up a working group to develop amendments, and held public consultations on the draft proposals in December 2014. Draft amendments were published on the ministry’s website and the government’s web portal, “Civil Society and Authorities.” The government enacted relevant amendments to its own regulations in April 2015. Civil society groups reported that the ministry developed the draft amendments in an open and inclusive manner, and that they (the amendments) are generally positive and significantly improve relevant procedures. The changes include simplifying and improving consultation methods, making consultations more open and inclusive, and setting clear lists of issues that require mandatory public consultation. In addition, regulations were strengthened for an accountability mechanism that allows public examination of authorities.[Note 1: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 24, http://www.opengovpartnership.org/wp-content/uploads/2001/01/Ukraine_Second_IRM_Report_PublicComment_ENG.pdf]

4. Public Participation Law

Midterm: Limited

The government’s plan for many years included the development of a  law on public participation in policy formulation and implementation. According to the government’s self-assessment, the Ministry of Justice set up a working group to develop the draft law. It included representatives of CSOs and, in March 2015, the Government’s Secretariat and the Ministry of Justice held public consultations on the topic. The Ministry of Justice, together with the Organisation for Security and Cooperation in Europe (OSCE) Project Coordinator’s Office and the Government’s Secretariat, organised six regional discussions in June and September 2015. The working group prepared a compendium of best practices and international standards in this area, and published it on the government’s website. Comments on the draft law proposals were also solicited through an online form. Eventually, the scope of the draft law was narrowed to focus on “public consultations,” which made it more tangible and realistic.[Note 2: Ibid, 25.]

End of term: Substantial

Based on the preliminary discussions, the Ministry of Justice prepared a draft law on public consultations. This was published for consultation on the websites of both the ministry and government in July-August 2016. On 31 October 2016, the ministry put out a report on the results of the consultations.[Note 3: http://bit.ly/2glgW3s. ] The report described the latest consultation exercise, as well as previous discussions, and explained which proposals were taken into account and which were not. The Ministry of Justice also requested OSCE/ODIHR to examine the draft law. The OSCE/ODIHR evaluations were delivered in September 2016.[Note 4: http://bit.ly/2hkz6A7. ] As of December 2016, the draft law had not yet been submitted to Parliament.

Did it open government?

1. Improving government rules on CSO involvement

   Civic participation: Marginal

   Public accountability: Marginal

The commitment aimed to improve a set of formal rules for civic participation and oversight of government decision making. Its potential was moderate, as it aimed to streamline the rules and procedures put in place between 2008 and 2010. In completing this commitment, the Ministry of Justice worked with civil society to amend three regulations: the Procedure for Consultations with the Public on Policy Development and Implementation; Model Regulations on Public Councils to the Executive Authorities; and Procedures for Facilitating Public Examination of the Executive Authorities. As reported at the midterm, the changes were brought about through an inclusive consultation process between the ministry and civil soceity. The activities included simplifying the consultation process and strengthening an accountability mechanism to allow public examination of authorities. However, as implemented, the commitment had only a marginal impact on changing government practice. The government used the adopted changes in the rules to re-launch civic councils that had been discredited due to their collaboration with the previous government. The new regulations attempted to address deficiencies in the older versions; the latter allowed civic participation structures to be hijacked by fake or government-affiliated NGOs (GONGOs), thereby undermining their watchdog function. Nevertheless, the changes implemented to replace the old procedures and structures did not improve their effectiveness. While this commitment marginally improved civic participation and public accountability by modernising some formal procedures of cooperation, the effect on open government was limited. This can be explained by outdated procedures and structures, for example, civic councils, whose role — to ensure collaboration with civil society and public oversight — declined further.[Note 5: Maksym Latsyba, NGO Ukrainian Independent Center for Political Research, interview with the IRM researcher, 29 September 2015.]

4. Public Participation Law

Civic participation: Marginal

Public accountability: Did not change

The commitment aimed to develop a new mechanism for involving civil society in the government decision-making process. If it provides for detailed and meaningful consultation procedures, the draft law could have a moderate impact on public engagement. However, as noted in the midterm report, the drafting process would have benefited from an analysis of the reasons behind poor enforcement of the current regulations on public consultations to identify more effective tools to address this problem. The government has yet to complete this commitment. Still, its consultation process vis-a-vis this draft law was more open than that of many other policy decisions or draft laws. This marginally opened the government with regard to civic participation.

Carried forward?

The first commitment on improving government rules vis-a-vis CSO involvement was not carried over to the new action plan. The fourth commitment on the Public Participation Law was included in the new plan. The Ministry of Justice, together with non-governmental partners, is to lead the development of a draft law on public consultations and submit it to the government. The commitment no longer includes the task of submitting the draft law to Parliament and following it to adoption.  

Commitments

  1. Infrastructure Data Portal

    UA0070, 2018, E-Government

  2. Open Standard for e-System

    UA0071, 2018, E-Government

  3. Ensuring Openness and Transparency of Selling Public Assets and Property

    UA0072, 2018, E-Government

  4. Transparency in Public Procurement (Prozorro)

    UA0073, 2018, E-Government

  5. Awarenss Raising About Social and Economic Development

    UA0074, 2018, Aid

  6. e-Calls for Proposals to Support CSOs

    UA0075, 2018, Civic Space

  7. Beneficial Ownership Registry

    UA0076, 2018, Beneficial Ownership

  8. Anti-Corruption Training

    UA0077, 2018, Anti-Corruption Institutions

  9. Publishing Environmental Information

    UA0078, 2018, E-Government

  10. Database of Natural Resources

    UA0079, 2018, E-Government

  11. Interactive Map of Mines

    UA0080, 2018, E-Government

  12. Priority Electronic Services

    UA0081, 2018, Citizenship & Immigration

  13. Online Platform for Executive Bodies and CSOs

    UA0082, 2018, Civic Space

  14. EITI Online Data

    UA0083, 2018, E-Government

  15. Electronic Resources for Education

    UA0084, 2018, E-Government

  16. Online Verification of Education Certificates

    UA0085, 2018, E-Government

  17. Free Access to National Repository for Academic Texts

    UA0086, 2018, E-Government

  18. Administrative Service Decentrilisation and Improvement

    UA0057, 2016, Capacity Building

  19. United State Portal Extension; Electronic Government Information Services Unification; Modern Tools for Electronic Identification

    UA0058, 2016, Capacity Building

  20. System for Entities Performing Government Functions

    UA0059, 2016, Capacity Building

  21. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  22. Beneficial Ownership Verification System

    UA0061, 2016, Beneficial Ownership

  23. CoST Beneficial Ownership Standards

    UA0062, 2016, E-Government

  24. Transpartent Budget System

    UA0063, 2016,

  25. Starred commitment Open Public Procurement

    UA0064, 2016, Capacity Building

  26. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Extractive Industries

  27. Environmental Public Monitoring

    UA0066, 2016, Environment and Climate

  28. Community Policing System

    UA0067, 2016, Education

  29. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  30. Development of E-Democracy.

    UA0069, 2016, Money in Politics

  31. Improve Government Rules on CSO Involvement

    UA0031, 2014, E-Government

  32. Financing of Charities

    UA0032, 2014, Civic Space

  33. Not-For-Profit Status for CSOs

    UA0033, 2014, Civic Space

  34. Public Participation Law

    UA0034, 2014, E-Government

  35. Establishing Rules on Processing Official Information

    UA0035, 2014, E-Government

  36. Access to Urban Planning Documents

    UA0036, 2014, E-Government

  37. Starred commitment Access to Communist-Era Archives

    UA0037, 2014, Legislation & Regulation

  38. Starred commitment Draft Law on Open Data

    UA0038, 2014, Legislation & Regulation

  39. Starred commitment Supervisory Mechanism for the Right to Information

    UA0039, 2014, Legislation & Regulation

  40. Compliance with EITI

    UA0040, 2014, Extractive Industries

  41. Monitoring of Infrastructure Projects

    UA0041, 2014, Anti-Corruption Institutions

  42. Adopt Regional Anti-Corruption Programmes

    UA0042, 2014, Anti-Corruption Institutions

  43. Corruption Risk Assessment Methodology

    UA0043, 2014, Anti-Corruption Institutions

  44. Starred commitment Asset Disclosure on a Single Web Portal

    UA0044, 2014, Asset Disclosure

  45. Law on Administrative Procedure

    UA0045, 2014, Legislation & Regulation

  46. Law on Streamlining Payment of Administrative Fees

    UA0046, 2014, E-Government

  47. Administrative Services Portal

    UA0047, 2014, E-Government

  48. Draft Law on Decentralisation of Administrative Services

    UA0048, 2014, Legislation & Regulation

  49. Draft Law on Social Services

    UA0049, 2014, E-Government

  50. e-Government Laws

    UA0050, 2014, E-Government

  51. Electronic Readiness Assessment

    UA0051, 2014, E-Government

  52. Government Regulations on Open Data

    UA0052, 2014, E-Government

  53. Electronic Democracy Development Roadmap

    UA0053, 2014, E-Government

  54. Open Budget Initiatives

    UA0054, 2014, E-Government

  55. e-Petitions

    UA0055, 2014, E-Government

  56. e-Governance Training for Local Government

    UA0056, 2014, Capacity Building

  57. Laws on Public Participation

    UA0001, 2012, Civic Space

  58. Amendments to the Law on Community Associations

    UA0002, 2012, Civic Space

  59. Amendments to Resolutions on Collaboration with Civil Society

    UA0003, 2012, E-Government

  60. Training for Public Servants on Consultations

    UA0004, 2012, Capacity Building

  61. Harmonisation of Access to Information Laws

    UA0005, 2012, E-Government

  62. By-Laws on Access to Information

    UA0006, 2012, Legislation & Regulation

  63. Guidelines for Classifying Data

    UA0007, 2012, Public Participation

  64. Public Information Recording Systems

    UA0008, 2012, Records Management

  65. Law on Public Broadcasting

    UA0009, 2012, Civic Space

  66. Public Access to Information in State Registers

    UA0010, 2012, E-Government

  67. Starred commitment Extractive Industries Transparency Initiative

    UA0011, 2012, E-Government

  68. Law for Controlling Declarations of Public Servants

    UA0012, 2012, Asset Disclosure

  69. Public Declarations of Officials’ Assets

    UA0013, 2012, Asset Disclosure

  70. Guidelines on Conflicts of Interest

    UA0014, 2012, Conflicts of Interest

  71. Updated Anti-Corruption Laws

    UA0015, 2012, E-Government

  72. Regional Anti-Corruption Programmes

    UA0016, 2012, E-Government

  73. Law on Competitive e-Government Procurement

    UA0017, 2012, E-Government

  74. Starred commitment Administrative Services Reforms

    UA0018, 2012, E-Government

  75. Electronic Access to Administrative Services

    UA0019, 2012, E-Government

  76. Governmental Web Portal of Administrative Services

    UA0020, 2012, E-Government

  77. Administrative Services in a Digital Format

    UA0021, 2012,

  78. Starred commitment Regional Administrative Service Centres

    UA0022, 2012, Public Service Delivery

  79. Programme for Promotion of e-Government

    UA0023, 2012, E-Government

  80. Electronic Collaboration Between Executive Agencies

    UA0024, 2012,

  81. Web-Based Petitions System

    UA0025, 2012,

  82. One Stop Shop for e-Reporting

    UA0026, 2012, E-Government

  83. e-Region Pilot Project

    UA0027, 2012, E-Government

  84. Network of e-Government Practitioners

    UA0028, 2012, Public Participation

  85. Public Libraries as Bridges Towards e-Governance

    UA0029, 2012, E-Government

  86. e-Government Knowledge Management Portal

    UA0030, 2012,

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