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Ukraine

Monitoring of Infrastructure Projects (UA0041)

Overview

At-a-Glance

Action Plan: Ukraine Second Action Plan 2014-2015

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Ministry of Infrastructure

Support Institution(s): Ministry of Economic Development, Ministry of Finance, Ministry of Ecology and Natural Resources, NGO Transparency International Ukraine, other unspecified NGOs and international organisations

Policy Areas

Anti-Corruption, Anti-Corruption Institutions, Audits and Controls, Infrastructure & Transport, Legislation & Regulation, Legislative

IRM Review

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

Starred: No

Early Results: Did Not Change

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 in due course a draft Model Regulation on a Monitoring Committee of Infrastructure Projects, which would envisage the procedures for establishment of supervisory boards for the implementation of infrastructure projects of national and regional levels

IRM End of Term Status Summary

9. Monitor infrastructure projects

Commitment Text: 9. Preparing and submitting to the Cabinet of Ministers of Ukraine in due course a draft Model Regulation on a Monitoring Committee of Infrastructure Projects, which would envisage the procedures for establishment of supervisory boards for the implementation of infrastructure projects of national and regional levels.

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

Lead institution(s): Ministry of Infrastructure

Supporting institution(s): Ministry of Economic Development, Ministry of Finance, Ministry of Ecology and Natural Resources, NGO Transparency International Ukraine, other unspecified NGOs and international organisations

Start Date: Not specified                                             End Date: 31 December 2014

Commitment aim

This commitment aimed to enhance transparency, civic oversight, and public accountability in national and regional infrastructure projects. Such projects often use significant public funds, and lack transparency at the design and implementation stages. As this is also an area in which there is widespread corruption, a monitoring mechanism with civil society involvement would help reduce corruption.

Status

Midterm: Substantial

The 2014 Law on Anti-Corruption Strategy of Ukraine for 2014-2017[Note 42: http://bit.ly/1LvuQWk. ] provided, as one of the measures to be taken, the implementation of “pilot projects of integrity pacts in infrastructure projects or other projects, which include significant budget expenses, by forming tripartite (government-business-civil society) mechanism of control over design and implementation of such projects, targeted and efficient use of relevant funds.” The monitoring of infrastructure projects can be seen as implementation of this measure. The Ministry of Infrastructure developed several versions of the draft regulations in 2015, but CSOs criticised the drafts because they did not grant sufficient power to the monitoring structures. The draft regulations allowed the setting up of permanent monitoring panels (committees) for infrastructure projects at the central and local executive authority levels. The panels would comprise representatives from CSOs and other non-governmental stakeholders selected through an open competition. Despite much effort to develop the regulations, none of its versions reached the government meeting.[Note 43: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 44-45. ]

End of term: Limited

Since the midterm report, no progress has been made to adopt the regulations. On the contrary, from the government self-assessment report, it appears that the commitment’s implementation has been halted, and no further attempts to finalise and adopt relevant regulations have been made. The government reported that the Ministry of Infrastructure is reviewing whether they should continue to implement this commitment.

The Ministry of Infrastructure developed draft regulations in cooperation with NGOs (in particular, TI-Ukraine and the Centre for Political Studies and Analysis). However, the draft text had to be revised twice, and the original text was weakened after the approval process was conducted among ministries and other government agencies. Due to ministry and agency reluctance to endorse the regulations to provide citizens with meaningful oversight instruments, the draft regulation was stopped.

Did it open government?

Civic Participation: Did not change

Public accountability: Did not change

The commitment set an ambitious aim of direct involvement of non-governmental stakeholders in the process of designing and implementing infrastructure projects with the use of public funds. Such oversight would be conducted via special panels (monitoring committees) to review budgets and designs of the projects, procedures for selection of contractors, procurement and other related contracts, and disbursement and use of public funds. However, as implemented, this commitment did not lead to any change in government practice.

Carried forward?

The commitment was not carried over to the new action plan. The new plan contains a commitment on implementation of the Construction Sector Transparency Initiative (COST), but the latter focuses on disclosure of information, and does not include instruments for civic oversight in specific projects. The IRM researcher recommends that the government adopt, without further delay, regulations that provide a robust mechanism of civic oversight for the implementation of large infrastructure projects using public funds. The government should also consider the possibility of establishing provisions on such oversight panels in the law to make them permanent and effective.

Commitments

  1. Infrastructure Data Portal

    UA0070, 2018, Anti-Corruption

  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, Access to Information

  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, Anti-Corruption

  8. Anti-Corruption Training

    UA0077, 2018, Anti-Corruption

  9. Publishing Environmental Information

    UA0078, 2018, E-Government

  10. Database of Natural Resources

    UA0079, 2018, Access to Information

  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, Access to Information

  15. Electronic Resources for Education

    UA0084, 2018, Access to Information

  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, Anti-Corruption

  21. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  22. Beneficial Ownership Verification System

    UA0061, 2016, Anti-Corruption

  23. CoST Beneficial Ownership Standards

    UA0062, 2016, Anti-Corruption

  24. Transpartent Budget System

    UA0063, 2016,

  25. Starred commitment Open Public Procurement

    UA0064, 2016, Access to Information

  26. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Anti-Corruption

  27. Environmental Public Monitoring

    UA0066, 2016, Access to Information

  28. Community Policing System

    UA0067, 2016, Education

  29. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  30. Development of E-Democracy.

    UA0069, 2016, E-petitions

  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, Access to Information

  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, Access to Information

  39. Starred commitment Supervisory Mechanism for the Right to Information

    UA0039, 2014, Access to Information

  40. Compliance with EITI

    UA0040, 2014, Anti-Corruption

  41. Monitoring of Infrastructure Projects

    UA0041, 2014, Anti-Corruption

  42. Adopt Regional Anti-Corruption Programmes

    UA0042, 2014, Anti-Corruption

  43. Corruption Risk Assessment Methodology

    UA0043, 2014, Anti-Corruption

  44. Starred commitment Asset Disclosure on a Single Web Portal

    UA0044, 2014, Anti-Corruption

  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, Access to Information

  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, Access to Information

  53. Electronic Democracy Development Roadmap

    UA0053, 2014, E-Government

  54. Open Budget Initiatives

    UA0054, 2014, Access to Information

  55. e-Petitions

    UA0055, 2014, Dispute Resolution & Legal Assistance

  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, Access to Information

  62. By-Laws on Access to Information

    UA0006, 2012, Access to Information

  63. Guidelines for Classifying Data

    UA0007, 2012, Public Participation

  64. Public Information Recording Systems

    UA0008, 2012,

  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, Anti-Corruption

  68. Law for Controlling Declarations of Public Servants

    UA0012, 2012, Anti-Corruption

  69. Public Declarations of Officials’ Assets

    UA0013, 2012, Anti-Corruption

  70. Guidelines on Conflicts of Interest

    UA0014, 2012, Anti-Corruption

  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, Anti-Corruption

  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, E-petitions

  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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