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Ukraine

Draft Law on Decentralisation of Administrative Services (UA0048)

Overview

At-a-Glance

Action Plan: Ukraine Second Action Plan 2014-2015

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Ministry of Regional Development

Support Institution(s): Ministry of Justice, Ministry of Internal Affairs, Ministry of Agricultural Policy, Ministry of Economic Development, State Registration Service, State Migration Service, State Agency for Land Resources, unspecified NGOs and international organisations

Policy Areas

Legislation & Regulation, Local Commitments

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: Not Relevant

Potential Impact:

Implementation i

Completion:

Description

Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft law on decentralisation of powers concerning the provision of administrative services, most important to citizens, including to ensure their provision through administrative service provision centres, namely:
registration of residence (stay), execution of identity documents, including for leaving abroad
state registration of legal entities and individual entrepreneurs, real estate rights and their encumbrances, citizens’ associations, and civil status state registration of land plots, entry and issuance of data from the State Land Cadastreregistration of vehicles, execution of driver’s licences

IRM End of Term Status Summary

14. Streamline payment of administrative fees

5-B) Streamlining Payment of Administrative Services Fee

Commitment Text: 14. Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft law on streamlining of relations concerning payment for administrative services.

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.

16. Decentralise administrative services

5-C) Decentralisation of Administrative Services

Commitment Text: 16. Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft law on decentralisation of powers concerning the provision of administrative services, most important to citizens, in particular to ensure their provision through Administrative Service Provision Centres, namely:

- registration of residence (stay), issuing of identity documents, including for leaving abroad;

- state registration of legal entities and individual entrepreneurs, real estate rights and their encumbrances, citizens’ associations, and civil status;

-state registration of land plots, entry and issuance of data from the State Land Cadastre;

-registration of vehicles, execution of driver’s licences.

Expected result: powers in question delegated to local self-governance bodies and local executive authorities.

Lead institution(s): Ministry of Economic Development (commitment 14); Ministry of Regional Development (Commitment 16)

Supporting institution(s): Ministry of Justice, Ministry of Regional Development, NGO Centre for Political and Legal Reforms, other non-specified NGOs and international organisations (commitment 14); Ministry of Justice, Ministry of Internal Affairs, Ministry of Agricultural Policy, Ministry of Economic Development, State Registration Service, State Migration Service, State Agency for Land Resources, unspecified NGOs and international organisations (Commitment 16)

Start Date: Not specified                                 End Date: 30 June 2015 (Commitment 14);

31 December 2015 (Commitment 16)

Commitment aim

14. Streamline payment of administrative fees

This commitment attempted to draft a law to streamline fees for administrative services. Streamlining the provision of administrative services by public authorities is important to ensuring good governance and the services of the state. The uncoordinated practice of charging administrative fees presents a barrier to effective service provision, and affects citizens’ satisfaction. If implemented, the law would ensure legal certainty and transparency, and reduce corruption risks in the area of administrative services.

16. Decentralise administrative services

The commitment aimed to develop a draft law on the decentralisation of powers concerning the provision of administrative services. These included registration of residence (stay); issuance of identity documents; state registration of legal entities, citizens’ associations, and civil status; movable and immovable property; and issuance of driver’s licences. In Ukraine, where administrative services have been highly centralised, it is generally perceived that decentralisation is crucial for reducing corruption and ensuring better quality of public services. Decentralisation of public functions has become an important public policy issue in Ukraine since 2014.

Status

14. Streamline payment of administrative fees

Midterm: Limited

The Ministry of Economic Development put together a draft law on administrative services and their fees. The law proposed to unify names of administrative services, establish fees for their provision, and prohibit the provision of services not included in the law. In August 2015, the government endorsed the draft law. However, it instructed the ministry to make it clear that the Cabinet of Ministers, not the law, would define the fees for the provision of administrative services. On 15 September 2015, the ministry resubmitted the draft law to the government, which sent it to parliament on 12 October 2015.[Note 68: http://bit.ly/1OUX0yJ. ] It lists 563 administrative services (some composed of several items), and delegates the power to establish fees to the government. Civil society experts criticised the draft law; their view was that the list of administrative services did not have to be established by the law, but could have been published in the Register of Administrative Services. The leading civil society expert in this area noted that the law could not exhaustively define all the services, and that the list should be flexible.[Note 69: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 56.]

Overall, the government failed to implement the commitment. The draft law contradicted the commitment, insofar as it included no provisions for streamlining payment for administrative services. On the contrary, it effectively removed regulation of this issue from the law.[Note 70: Ibid, 56.]

End of term: Limited

According to the government’s final self-assessment report, the draft law submitted to Parliament was later recalled and not re-submitted. Meanwhile, in December 2015, Parliament adopted amendments stating that fees for administrative services should be established by laws regulating those services. During implementation, the government effectively changed its position and abandoned the idea of having a unified list of administrative services approved in the law. This position was criticised by civil society experts.[Note 71: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 57.] The new legal amendments introduced in December 2015 recognised the need to regulate payment of administrative fees in the law, and not by government fiat. This also contradicted the government’s position. Therefore, the commitment remained valid, but has not been implemented. According to the leading civil society expert in this area, Parliament should pass a framework law to regulate administrative fees, and establish in the law the fees for basic administrative services.[Note 72: Interview with Viktor Tymoshchuk, NGO Centre for Political and Legal Reforms.]

16. Decentralise administrative services

Midterm: Substantial

The government substantially implemented the commitment by preparing and submitting, directly or through members of Parliament, draft laws to decentralise the following administrative services: state registration of legal entities, individual entrepreneurs, and citizens’ associations; registration of real estate possession rights and their encumbrances; state registration of land plots; entry and issuance of data from the State Land Cadastre; and registration of residence (stay). The government proposed to decentralise the registration of vehicles and the issuing of driver’s licences in 2018. No draft law was prepared to decentralise the issuing of identity documents, including for travelling abroad, and registration of civil status.[Note 73: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 56-57.]

In July 2015, the Ukrainian Parliament adopted several draft laws[Note 74: #2982 on state registration of property rights to real estate and their liens; #2983 on state registration of legal persons, individual entrepreneurs, and civic formations;  #2984 on delegating functions of registration of place of residence, receiving information from the State Land Cadastre. ] to decentralise certain services by delegating their provision to local self-government bodies. Regarding registration of vehicles and issuing of driver’s licenses, the government reported that it submitted the relevant draft law to the parliament.[Note 75: Draft law #2567 on service centres of the Ministry of Interior. It provided for the establishment of separate service provision centres under the ministry and stipulated decentralisation of the relevant function only starting from 2018. ]

End of term: Substantial

Since the progress report, the Ukrainian Parliament adopted a number of draft laws mentioned above: #2982 (State Registration of Property Rights) and #2983 (State Registration of Legal Persons) were adopted in November 2015 and enacted in December 2015; and #2984 (Delegating Registration Functions from the State Land Cadastre) was adopted and enacted in December 2015. Draft law #2567 (Decentralize Vehicle Registration Service Centres) was adopted in the first reading in July 2015. Finally, the Ministry of Justice developed a draft law to reform the system of registration of civil status acts.

Did it open government?

14. Streamline payment of administrative fees

Access to Information: Did not change

Civic Participation: Did not change

Public Accountability: Did not change

The commitment’s relevance to OGP values was unclear. While it represented an important step toward ensuring better public service provision, it was not clear how its implementation would lead to improved access to information, better civic participation, or greater public accountability. The commitment was an incremental step in the right direction toward decentralising services, but did not produce major changes.

16. Decentralise administrative services

Access to Information: Did not change

Civic Participation: Did not change

Public Accountability: Did not change

This commitment did not result in changes in government practice relevant to the OGP values of access to information, civic participation, or public accountability. Decentralisation of administrative services is viewed as important to reducing national level corruption in Ukraine, and improving public accountability, since local authorities are now responsible for the quality of service provision. Since 2014, Ukrainian authorities have implemented a number of reforms to devolve powers and responsibilities to the local level. In line with the commitment, laws were passed to decentralise the following services: state registration of legal entities, individual entrepreneurs, and citizens’ associations; registration of real estate possession rights and their encumbrances; entry and issuance of data from the State Land Cadastre; issuing of ID documents; state registration of land plots; and registration of residence (stay). However, not all of the new legal provisions have been implemented. According to the civil society expert, for various technical and logistical reasons, there is effectively no decentralisation of the following services: issuing of IDs, including passports to travel abroad (local self-government bodies and Administrative Service Provision Centres have the right to install relevant equipment, but this has been done only in few cities across Ukraine); state registration of land plots; and entry and issuance of data from the State Land Cadastre.[Note 76: Interview with Viktor Tymoshchuk, NGO Centre for Political and Legal Reforms.]

Carried forward?

Commitment 14, to streamline payment of administrative fees, was not carried over to the new action plan. Commitment 16, to decentralise administrative services, was carried forward partially. The new commitment provides measures to delegate to local self-government bodies basic administrative services and/or their provision through Administrative Services Provision Centres. This regards the following services: issuing of national passports and passports for travelling abroad, state registration of land plots, entry and issuance of data from the State Land Cadastre, and state registration of civil status acts. The new action plan also seeks to create an information system to monitor the performance of those centres, and to execute an awareness-raising campaign for the provision of administrative services.


Commitments

  1. Expand budget transparency system

    UA0087, 2020, Anti-Corruption

  2. Transparency of public assets

    UA0088, 2020, Access to Information

  3. Create general education distance learning system

    UA0089, 2020, E-Government

  4. Open Science

    UA0090, 2020, Access to Information

  5. Online platform for patents and innovation

    UA0091, 2020, Capacity Building

  6. Audit of beneficial ownership register

    UA0092, 2020, Anti-Corruption

  7. Expand uses for e-democracy platform

    UA0093, 2020, Access to Information

  8. Electronic system for transparency in extractive industries

    UA0094, 2020, Anti-Corruption

  9. Establish National Centre for Open Data Competence

    UA0095, 2020, Access to Information

  10. Digital accessibility for persons with disabilities

    UA0096, 2020, E-Government

  11. Increasing youth participation in policy

    UA0097, 2020, Capacity Building

  12. Publish information related to road system

    UA0098, 2020, E-Government

  13. Register for infrastructure contract information

    UA0099, 2020, Anti-Corruption

  14. Publish gender-disaggregated open data

    UA0100, 2020, Access to Information

  15. Infrastructure Data Portal

    UA0070, 2018, Anti-Corruption

  16. Open Standard for e-System

    UA0071, 2018, E-Government

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

    UA0072, 2018, E-Government

  18. Transparency in Public Procurement (Prozorro)

    UA0073, 2018, Access to Information

  19. Awarenss Raising About Social and Economic Development

    UA0074, 2018, Aid

  20. e-Calls for Proposals to Support CSOs

    UA0075, 2018, Civic Space

  21. Beneficial Ownership Registry

    UA0076, 2018, Anti-Corruption

  22. Anti-Corruption Training

    UA0077, 2018, Anti-Corruption

  23. Publishing Environmental Information

    UA0078, 2018, E-Government

  24. Database of Natural Resources

    UA0079, 2018, Access to Information

  25. Interactive Map of Mines

    UA0080, 2018, E-Government

  26. Priority Electronic Services

    UA0081, 2018, Citizenship & Immigration

  27. Online Platform for Executive Bodies and CSOs

    UA0082, 2018, Civic Space

  28. EITI Online Data

    UA0083, 2018, Access to Information

  29. Electronic Resources for Education

    UA0084, 2018, Access to Information

  30. Online Verification of Education Certificates

    UA0085, 2018, E-Government

  31. Free Access to National Repository for Academic Texts

    UA0086, 2018, E-Government

  32. Administrative Service Decentrilisation and Improvement

    UA0057, 2016, Capacity Building

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

    UA0058, 2016, Capacity Building

  34. System for Entities Performing Government Functions

    UA0059, 2016, Anti-Corruption

  35. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  36. Beneficial Ownership Verification System

    UA0061, 2016, Anti-Corruption

  37. CoST Beneficial Ownership Standards

    UA0062, 2016, Anti-Corruption

  38. Transpartent Budget System

    UA0063, 2016,

  39. Starred commitment Open Public Procurement

    UA0064, 2016, Access to Information

  40. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Anti-Corruption

  41. Environmental Public Monitoring

    UA0066, 2016, Access to Information

  42. Community Policing System

    UA0067, 2016, Education

  43. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  44. Development of E-Democracy.

    UA0069, 2016, Anti-Corruption

  45. Improve Government Rules on CSO Involvement

    UA0031, 2014, E-Government

  46. Financing of Charities

    UA0032, 2014, Civic Space

  47. Not-For-Profit Status for CSOs

    UA0033, 2014, Civic Space

  48. Public Participation Law

    UA0034, 2014, E-Government

  49. Establishing Rules on Processing Official Information

    UA0035, 2014, Access to Information

  50. Access to Urban Planning Documents

    UA0036, 2014, E-Government

  51. Starred commitment Access to Communist-Era Archives

    UA0037, 2014, Legislation & Regulation

  52. Starred commitment Draft Law on Open Data

    UA0038, 2014, Access to Information

  53. Starred commitment Supervisory Mechanism for the Right to Information

    UA0039, 2014, Access to Information

  54. Compliance with EITI

    UA0040, 2014, Anti-Corruption

  55. Monitoring of Infrastructure Projects

    UA0041, 2014, Anti-Corruption

  56. Adopt Regional Anti-Corruption Programmes

    UA0042, 2014, Anti-Corruption

  57. Corruption Risk Assessment Methodology

    UA0043, 2014, Anti-Corruption

  58. Starred commitment Asset Disclosure on a Single Web Portal

    UA0044, 2014, Anti-Corruption

  59. Law on Administrative Procedure

    UA0045, 2014, Legislation & Regulation

  60. Law on Streamlining Payment of Administrative Fees

    UA0046, 2014, E-Government

  61. Administrative Services Portal

    UA0047, 2014, Access to Information

  62. Draft Law on Decentralisation of Administrative Services

    UA0048, 2014, Legislation & Regulation

  63. Draft Law on Social Services

    UA0049, 2014, E-Government

  64. e-Government Laws

    UA0050, 2014, E-Government

  65. Electronic Readiness Assessment

    UA0051, 2014, E-Government

  66. Government Regulations on Open Data

    UA0052, 2014, Access to Information

  67. Electronic Democracy Development Roadmap

    UA0053, 2014, Anti-Corruption

  68. Open Budget Initiatives

    UA0054, 2014, Access to Information

  69. e-Petitions

    UA0055, 2014, Access to Justice

  70. e-Governance Training for Local Government

    UA0056, 2014, Capacity Building

  71. Laws on Public Participation

    UA0001, 2012, Civic Space

  72. Amendments to the Law on Community Associations

    UA0002, 2012, Civic Space

  73. Amendments to Resolutions on Collaboration with Civil Society

    UA0003, 2012, E-Government

  74. Training for Public Servants on Consultations

    UA0004, 2012, Capacity Building

  75. Harmonisation of Access to Information Laws

    UA0005, 2012, Access to Information

  76. By-Laws on Access to Information

    UA0006, 2012, Access to Information

  77. Guidelines for Classifying Data

    UA0007, 2012, Public Participation

  78. Public Information Recording Systems

    UA0008, 2012,

  79. Law on Public Broadcasting

    UA0009, 2012, Civic Space

  80. Public Access to Information in State Registers

    UA0010, 2012, E-Government

  81. Starred commitment Extractive Industries Transparency Initiative

    UA0011, 2012, Anti-Corruption

  82. Law for Controlling Declarations of Public Servants

    UA0012, 2012, Anti-Corruption

  83. Public Declarations of Officials’ Assets

    UA0013, 2012, Anti-Corruption

  84. Guidelines on Conflicts of Interest

    UA0014, 2012, Anti-Corruption

  85. Updated Anti-Corruption Laws

    UA0015, 2012, E-Government

  86. Regional Anti-Corruption Programmes

    UA0016, 2012, E-Government

  87. Law on Competitive e-Government Procurement

    UA0017, 2012, Anti-Corruption

  88. Starred commitment Administrative Services Reforms

    UA0018, 2012, E-Government

  89. Electronic Access to Administrative Services

    UA0019, 2012, E-Government

  90. Governmental Web Portal of Administrative Services

    UA0020, 2012, E-Government

  91. Administrative Services in a Digital Format

    UA0021, 2012,

  92. Starred commitment Regional Administrative Service Centres

    UA0022, 2012,

  93. Programme for Promotion of e-Government

    UA0023, 2012, E-Government

  94. Electronic Collaboration Between Executive Agencies

    UA0024, 2012,

  95. Web-Based Petitions System

    UA0025, 2012, E-petitions

  96. One Stop Shop for e-Reporting

    UA0026, 2012, E-Government

  97. e-Region Pilot Project

    UA0027, 2012, E-Government

  98. Network of e-Government Practitioners

    UA0028, 2012, Public Participation

  99. Public Libraries as Bridges Towards e-Governance

    UA0029, 2012, E-Government

  100. e-Government Knowledge Management Portal

    UA0030, 2012,

Open Government Partnership