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Ukraine

Administrative Service Decentrilisation and Improvement (UA0057)

Overview

At-a-Glance

Action Plan: Ukraine Third National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry of Justice, Ministry of Internal Affairs, Ministry of Regional Development, Ministry of Agricultural Policy, State Agency for E-governance, State Land Cadastre, Regional and Kyiv Municipal State administrations, local government authorities (by consent); Ministry of Economic Development, State Agency for E-governance, local state administrations; Ministry of Information Policy, Ministry of Regional Development, Ministry of Economic Development, State Agency for E-governance, other central executive agencies, Regional and Kyiv Municipal State administrations, local government authorities (by consent).

Support Institution(s): Centre for Policy and Legal Reform non-governmental organisation, other civil society institutions and international organisations (by consent); Civil society institutions and international organisations (by consent); Civil society institutions and international organisations (by consent).

Policy Areas

Capacity Building, Citizenship and Immigration, E-Government, Land & Spatial Planning, Public Participation, Public Service Delivery, Subnational

IRM Review

IRM Report: Ukraine Mid-Term Report 2016-2018

Starred: No

Early Results: Marginal Marginal

Design i

Verifiable: No

Relevant to OGP Values: Not Relevant

Potential Impact:

Implementation i

Completion:

Description

Event: Improvement of quality and transparency in the provision of administrative services: 1) Decentralisation of powers to provide the most important administrative services for the public and the integration of basic administrative services in administrative service centres.; Implementation timeframe: 2016-2018; Entities responsible: Ministry of Justice, Ministry of Internal Affairs, Ministry of Regional Development, Ministry of Agricultural Policy, State Agency for E-governance, State Land Cadastre, Regional and Kyiv Municipal State administrations, local government authorities (by consent).; Partners: Centre for Policy and Legal Reform non-governmental organisation, other civil society institutions and international organisations (by consent).; Expected results: Delegation of powers for the provision of the main administrative services to the local authorities (the appropriate regulations have been adopted) and/or provision of the following services through the administrative service centres: Issuance of internal passports to Ukrainian citizens and passports for citizens of Ukraine to travel abroad. State registration of land plots, entry and retrieval of information from the State Land Cadastre State registration of civil records.2) Monitoring of the functioning of the administrative service centres.; Implementation timeframe: December 2017; Entities responsible: Ministry of Economic Development, State Agency for E-governance, local state administrations.; Partners: Centre of Policy and Legal Reform and Transparency International Ukraine non-governmental organisations, other civil society institutions and international organisations (by consent). Expected results: Creation of an information system for monitoring the functioning of the administrative service centres. 3) Holding of information and explanatory campaigns regarding the provision of administrative services, including in united local communities. Implementation timeframe: 2016-2018; Entities responsible: Ministry of Information Policy, Ministry of Regional Development, Ministry of Economic Development, State Agency for E-governance, other central executive agencies, Regional and Kyiv Municipal State administrations, local government authorities (by consent).; Partners: Civil society institutions and international organisations (by consent).; Expected results: Ensuring the: Raising of awareness among the public about the operation of the administrative service system through the administrative service centres. Implementation of educational campaigns regarding the procedure for obtaining administrative services. Holding of webinars for representatives of civil society institutions on reforming the administrative services system. Distribution of the appropriate social advertising materials. Creation of specialised educational programmes.

IRM Midterm Status Summary

1. Improve the quality and transparency of administrative services

Commitment Text:

Improvement of quality and transparency in the provision of administrative services:

1) Decentralization of powers to provide the most important administrative services for the public and the integration of basic administrative services in administrative service centers.

Expected results: Delegation of powers for the provision of the main administrative services to the local authorities (the appropriate regulations have been adopted) and/or provision of the following services through the administrative service centers:

·Issuance of internal passports to Ukrainian citizens and passports for citizens of Ukraine to travel abroad.

·State registration of land plots, entry and retrieval of information from the State Land Cadastre

·State registration of civil records.

2) Monitoring of the functioning of the administrative service centers.

Expected results: Creation of an information system for monitoring the functioning of the administrative service centers.

3) Holding of information and explanatory campaigns regarding the provision of administrative services, including in united local communities.

Expected results: Raising of awareness among the public about the operation of the administrative service system through the administrative service centers. Implementation of educational campaigns regarding the procedure for obtaining administrative services. Holding of webinars for representatives of civil society institutions on reforming the administrative services system. Distribution of the appropriate social advertising materials. Creation of specialized educational programs.

Responsible institutions: Ministry of Justice, Ministry of Internal Affairs, Ministry of Regional Development, Ministry of Agricultural Policy, State Agency for E-governance, State Land Cadastre, Regional and Kyiv Municipal State administrations, local government authorities (by consent); Ministry of Economic Development, State Agency for E-governance, local state administrations; Ministry of Information Policy, Ministry of Regional Development, Ministry of Economic Development, State Agency for E-governance, other central executive agencies, Regional and Kyiv Municipal State administrations, local government authorities (by consent).

Supporting institutions: Center for Policy and Legal Reform non-governmental organization, other civil society institutions and international organizations (by consent); Center of Policy and Legal Reform and Transparency International Ukraine non-governmental organizations, other civil society institutions and international organizations (by consent); Civil society institutions and international organizations (by consent).

Start date: December 2016 End date: July 2018

Context and Objectives

A great deal of administrative services has been provided by the central government in Ukraine. This is both a legacy of the highly centralized Soviet state and a continued preference by national-level ministries to maintain control over service provision over the past two decades.[Note85: Nadia Dobrianska, 'Centers for Administrative Services—the Way to Overcome Bureaucracy and Corruption,' Zn,ua, 19 September 2014, https://dt.ua/internal/centri-nadannya-administrativnih-poslug-shlyah-podolannya-byurokratiyi-ta-korupciyi-_.html.] There has been a lack of clarity regarding applicable administration fees and regarding the division of functions between the local and central governments.[Note86: Victor Tymoshchuk (Center of Policy and Legal Reform), interview by IRM researcher, 24 July 2017.] As a results, citizens have difficulty knowing where to obtain public services.

The Law on Administrative Services, passed in 2012, required 'one-stop shop' administrative services centers to be created at the city and district levels.[Note87: 'The Law of Ukraine on Administrative Services,' Legislation of Ukraine, the Verkhovna Rada of Ukraine: The Official Web-Portal, http://zakon3.rada.gov.ua/laws/show/5203-17.] These centers provide business and property registration services and issue passports. This law has been amended multiple times since 2012, but central ministries and other state bodies maintain control of some registration services.

This commitment builds on the ongoing reform efforts and aims to improve the quality of and transparency in administrative service provision. The commitment requires the passage of new regulations to further delegate administrative services to local governments and administrative service centers. It also requires renewed monitoring of administrative service center functions and a targeted public awareness campaign on how to access administrative services.

Some components of the commitment are specific. However, some parts, such as the monitoring mechanism for administrative service centers, are vague. While clear on the three expected results it wants to deliver, the first milestone is not sufficiently specific on process. Additionally, it is unclear how further service delegation or monitoring efforts apply to core OGP values of open government. These elements do appear to be relevant to the important but distinct value of efficient state administration. The public information campaign could potentially be relevant in that it provides better access to information for citizens regarding how to access such services. Yet this activity lacks clarity in its target, timeline, results, and measures of success. The overall specificity of the commitment is low.

The potential impact of this commitment is minor. As the second IRM progress report points out, decentralization of public functions has become critical since 2014.[Note88: Dmytro Kotliar, Independent Reporting Mechanism (IRM): Ukraine End of Term Report 2015–2016 (Washington, DC: Open Government Partnership, 2017), 38, https://www.opengovpartnership.org/sites/default/files/Ukraine_EOTR_2014-2016_ENG.pdf.] If fully implemented, it could save time and citizens’ money.[Note89: Oleksandr Kamenchuk (Ministry of Economic Development and Trade of Ukraine), interview by IRM researcher, 24 July 2017.] This commitment exists as an add-on to the commitment from the previous action plan, for which substantial progress was made.

Completion

This commitment has seen limited progress, as confirmed by both the government’s self-assessment report[Note90: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ] and feedback from civil society.[Note91: Victor Tymoshchuk (Center of Policy and Legal Reform), interview by IRM researcher, 24 July 2017.] The civil society organizations listed as supporting institutions possess consulting expertise but do not have direct authority to implement this commitment. The Ministry of Economic Development and Trade reports that 675 administrative service centers, 48 territorial divisions, and 20 distance working places are operational.[Note92: 'The Information about the Centers for the Provision of Administrative Services in the Regions of Ukraine (as of 01.10.2017),' Activities, Ministry of Economic Development and Trade of Ukraine, 19 October 2017, http://www.me.gov.ua/Documents/Detail?lang=uk-UA&id=8383e170-308f-4578-844c-18536964b218&title=InformatsiiaSchodoTsentrivNadanniaAdministrativnikhPoslugURegionakhUkraini-stanomNa01-10-2016-.] In only 31 of these locations are the full 15[Note93: Oleksandr Kamenchuk (Ministry of Economic Development and Trade of Ukraine), interview by IRM researcher, 24 July 2017.] common administrative services accessible. The 15 services include passport issuance, cadastre information access, and real estate registration.[Note94: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ] Additionally, only 20 of these centers have the equipment required to process all of the services. Inadequate funding, according to a civil society expert, has constricted equipment procurement.[Note95: Victor Tymoshchuk (Center of Policy and Legal Reform), interview by IRM researcher, 24 July 2017.] Considering that few centers are functioning, and that those functioning do not have full functionality, the progress is limited.

In January 2017, the government approved a draft law on the decentralization of state registration of civil records and submitted it to Parliament the next month.[Note96: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ] In May, the Ministry of Justice proposed a modified version that delegated civil record registration to local governments by the end of 2022. The new version also provided a longer time period before implementation for large cities.[Note97: 'The Ministry of Justice Has Presented the Draft Law on Decentralization in the Sphere of Stare Registration of Civil Records,' Civil Society and Authorities: Governmental Website, 17 May 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/news/article/show/3434. ] This draft law is still under review in Parliament.[Note98: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ] This slow process has been quickened by recent regulations passed by the Cabinet of Ministers in October 2017. The regulations delegated more services, including civil records registration, to local administrative centers.[Note99: 'Cabinet of Ministers of Ukraine. The Regulation on 11 October 2017 #782-p, The Government Portal,' Unified Web-Portal of Executive Authorities of Ukraine, http://www.kmu.gov.ua/control/uk/cardnpd?docid=250401348.]

Furthermore, in February 2017, the State Land Cadastre agency has put forward a draft law amending the current law on state land cadastres. The proposed amendments would delegate land registration from central officials to local governments through the use of personal digital signatures. These amendments also shorten the registration time to no more than seven working days.[Note100: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ]

The monitoring component of the commitment has been pursued through the development of a website that reports on the current functions available at a given local administrative service center.[Note101: Victor Tymoshchuk (Center of Policy and Legal Reform), interview by IRM researcher, 24 July 2017.] Although the government is supposed to be working with the German Society for International Cooperation to develop a dynamic portal for monitoring, there have been no results.[Note102: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ]

Compared to the previous milestone, the government made more progress in the knowledge awareness campaign. One television advertisement that aired in January and February 2017 promoted information about the available services at local service centers. Another in May and June 2017 provided information about online services offered by state agencies.[Note103: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ] Over one hundred workshops and trainings took place inside local service centers.[Note104: Oleksandr Kamenchuk (Ministry of Economic Development and Trade of Ukraine), interview by IRM researcher, 24 July 2017.] According to the government, a great deal of activity took place. This included 800 meetings with citizens and mass media, 35,000 informational and explanatory materials in both national and regional print media, four educational campaigns, and 338 awareness-raising events.[Note105: 'The Interim Report on the Realization of the Action Plan for the Implementation of the Open Government Partnership Initiative in 2016–2018,' Civil Society and Authorities: Governmental Website, accessed 13 September 2017, (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/uploads/attach-3467-910681586.doc. ] Civil society representatives said that the campaign consisted of a few videos on television and websites, and it was targeted more toward bureaucrats than to citizens.[Note106: Victor Tymoshchuk (Center of Policy and Legal Reform), interview by IRM researcher, 24 July 2017.] Government figures and civil society estimates are sharply divided in terms of assessing the implementation of the awareness campaign.

Next Steps

The government should continue the reform to improve administrative service delivery and awareness campaigns. It should also continue important educational promotion programs on service centers. The programs inform the public about where services can be obtained and what fees are applied. The government needs to ensure that local centers are funded and staffed adequately. Since this commitment is not clearly relevant to any of the OGP values, the IRM researcher recommends not to carry it over to the next action plan.


Ukraine's 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 and 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,

  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,