Draft Law on Social Services (UA0049)

Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft Law of Ukraine on Amending the Law of Ukraine on Social Services (new wording) to ensure equal treatment in the provision of social services to members of different social groups

17. Social services draft law

Commitment Text: 17. Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft Law of Ukraine on Amending the Law of Ukraine on Social Services (new wording) to ensure equal treatment in the provision of social services to members of different social groups.

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.

Lead institution(s): Ministry of Social Policy

Supporting institution(s): Charity Coalition of HIV-Service Organisations, Charity Caritas Ukraine, other unspecified NGOs and international organisations

Start Date:   Not specified                                                      End Date: 31 December 2014

Commitment aim

The commitment attempted to improve the provision of social services by revising legal regulation in the area. The Law on Social Services regulates the provision of services to individuals and families affected by difficult life situations, who cannot overcome them or minimise their effects on their own. A number of official action plans, including that of the OGP, provided for the revision of the Law on Social Services. Others included the government’s Program of Activity, Sustainable Development Strategy “Ukraine-2020,” and the 2013-2016 action plan to implement the Strategy for Reforming the System of Social Services Provision.

Status

Midterm: Substantial

The Ministry of Social Policy developed, and the government submitted to Parliament on 18 September 2015, a draft with new wording for the Law on Social Services.^{[Note 78: http://bit.ly/1PFyZxa. ]} The draft law proposed to revise the Law on Social Services and amend eight other laws. It aimed to protect persons receiving social services, create a market for social services, and improve their quality. It would also allow aligning relevant legislation with EU standards, particularly regarding payment policy. (Social services will be provided based on a person’s income, not on the basis of whether he/she has any relatives or guardians). The draft law also suggested involving non-state entities in the provision of social services through social contracting on a competitive basis. This was supposed to significantly broaden the range of social services providers and improve the quality of services. The draft law further provided for decentralisation of regulations in the area of social services provision.^{[Note 79: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 61-62.]}

End of term: Substantial

No progress was made since the midterm report. In May 2016, the draft law was re-submitted to Parliament due to a change in government. Its consideration is pending.

Did it open government?

Access to Information: Did not change

Civic Participation: Did not change

Public Accountability: Did not change

While the law is an important step forward in improving the provision of social services, this commitment did not contain elements to further the OGP values of access to information, civic participation, or public accountability. Therefore, its relevance to OGP values remained unclear.

Carried forward?

The commitment was not carried over to the new action plan.