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Ukraine

Environmental Public Monitoring (UA0066)

Overview

At-a-Glance

Action Plan: Ukraine Third National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry of the Environment, State Agency for Administration of the Exclusion Zone, Regional and Kyiv Municipal State administrations.

Support Institution(s): Civil society institutions and international organisations (by consent).

Policy Areas

Environment and Climate, Open Data

IRM Review

IRM Report: Ukraine Mid-Term Report 2016-2018

Starred: No

Early Results: Did Not Change Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Technology

Potential Impact:

Implementation i

Completion:

Description

Event: Introduction of public monitoring of the state of the environment.; Implementation timeframe: 2016-2018; Entities responsible: Ministry of the Environment, State Agency for Administration of the Exclusion Zone, Regional and Kyiv Municipal State administrations; Partners: Civil society institutions and international organisations (by consent).; Expected results: Ensuring the: Creation of an open list of the largest polluters in the regions as part of the development of a national automated environmental data system. Creation of an electronic system for monitoring radiation safety and environmental threats.

IRM Midterm Status Summary

6. Introduce the Construction Sector Transparency Initiative standards

Commitment Text:

Introduction of the Construction Sector Transparency Initiative (CoST) international standards in order to ensure the accountability of procurement organizations and open access to information during publically funded construction work.

Expected results: Implementation of four pilot projects by the Construction Sector Transparency Initiative (CoST) regarding the disclosure of data on construction sites, major renovations and road infrastructure reconstruction, and the publication of reports on the data by a group of independent experts (first half of the year 2017). Adding of other construction sites using public funds to the standards for information disclosure of the Construction Sector Transparency Initiative (CoST) (March 2017). After the successful implementation of the four pilot projects of the Construction Sector Transparency Initiative (CoST), filing of proposals on the required amendments to regulations aimed at enhancing the efficient of use of public funds by applying the information disclosure standards of the Construction Sector Transparency Initiative (CoST) (second half of 2017). Approval of a mechanism to apply the standards of the Construction Sector Transparency Initiative (CoST) at the level of by-laws in order to ensure transparency of the use of public funds during the construction of infrastructure and to improve the accountability of procurement organizations (December 2017).

Responsible institutions: Ministry of Infrastructure, Ministry of Regional Development, Ministry of Economic Development, Ministry of Finance, Ukraine State Roadway Agency (Ukravtodor).

Supporting institutions: Transparency International Ukraine and Eidos Center for Political Studies and Analysis non-governmental organizations, Advisory Steering Group of the Construction Sector Transparency Initiative (CoST), other civil society institutions and international organizations (by consent).

Start date: December 2016 End date: December 2017

Context and Objectives

The construction sector in Ukraine is often seen as highly corrupt. Traits characterizing the sector include uncompetitive markets, complex procurement processes, lack of transparency on planned construction projects, and frequent cases of insider agreements and oligopolistic arrangements.[Note202: Victor Nestulia (Transparency International Ukraine), interview by IRM researcher, 26 July 2017.] One difficulty in combatting these challenges comes from the nature of procurement for infrastructure projects. These projects often entail multiple contracts and have long time frames. In the past, the accompanying monitoring difficulties have led to building projects that are nothing like what the original tender envisioned.[Note203: Natalia Forsiuk (CoST Ukraine), interview by IRM researcher, 3 August 2017.]

The Construction Sector Transparency Initiative (CoST) international standards aim to ensure the accountability of procurement organizations and open access to information of publicly funded construction work.[Note204: 'What is CoST,' CoST, http://www.constructiontransparency.org/the-initiative?forumboardid=1&forumtopicid=1.] This commitment seeks to begin integrating Ukraine’s infrastructure procurement system by implementing four pilot projects governed by CoST standards. This effort involves changing the basis for the disclosure of data on construction sites, major renovations, and road infrastructure reconstruction. It also calls for the publication of reports on the data by a group of independent experts. The commitment will also expand the standards for information disclosure under the CoST to other construction sites that currently use public funds. Following the pilot projects, the commitment also envisions creating a process to identify and then amend regulations to codify CoST standards in Ukrainian law.

CoST Ukraine is a multistakeholder group that brings together representatives from civil society, business, and the government. With the Ministry of Infrastructure, the group monitors the pilot projects. In addition to overseeing the implementation of these projects, the multistakeholder group produces reports. It is also engaged with drafting bylaw changes to enshrine CoST standards into Ukrainian law.[Note205: Natalia Forsiuk (CoST Ukraine), interview by IRM researcher, 3 August 2017.]

The commitment is highly specific overall. It contains expected results, and defines the number of pilot projects and the type of data to be disclosed. However, the second activity does not identify the number of other projects. The third and the fourth activities refer to CoST standards for regulations and bylaws. Additionally, CoST standards significantly increase the public’s access to information regarding infrastructure tenders and procurement.

If fully implemented, the potential impact of this commitment is moderate. Applying the CoST standards to four pilot projects and then other construction sites using public funds will reveal information on all stages of contracting. Thus, the transparency of public spending in infrastructural construction and the accountability of procurement will increase.[Note206: Natalia Forsiuk (CoST Ukraine), interview by IRM researcher, 3 August 2017.] It should be noted that the accountability dimension only starts with the information disclosure. It fully takes place through the assurance process on the published data. Within this commitment, the key idea is that CoST standards oblige contracting authorities to reveal information proactively. This has the potential to open up many documents, increase competitiveness in the sector, and raise the quality of public construction works.[Note207: Victor Nestulia (Transparency International Ukraine), interview by IRM researcher, 26 July 2017.] Implementing the pilot projects, publishing reports, and filing proposals on the required amendments to regulations represent a major step forward. The adoption of bylaws introducing the CoST standards for public construction projects could positively change government practice in the sector.

Completion

This commitment has seen substantial progress, and is on schedule. The first three activities have been completed. The fourth has seen only limited completion.

Construction Sector Transparency Initiative (CoST) standards have been implemented in the four pilot infrastructure projects.[Note208: '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. ] All four projects involve roadway improvements, including projects on 'The renovation of roads of state importance in 2016,' 'The renovation of the H-01 highway Kyiv-Znamianka (km 14+740 – km 43+345),' 'The project of reconstruction of the M-03 highway Kyiv-Kharkiv-Dovzhanskyi on the section from Lubny to Poltava,' and the 'Carpathian Roads.'[Note209: '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. ] CoST Ukraine presented conclusions and recommendations from respective reports on the experience of monitoring public procurement, contracting, and public spending at the four pilot projects.[Note210: Natalia Forsiuk (CoST Ukraine), interview by IRM researcher, 3 August 2017.] The reports, written by independent experts, are available online.[Note211: 'Pilot Projects,' CoST Ukraine, https://costukraine.org/en/projects/.] CoST Ukraine notes significant interaction with the public during the implementation of the pilot projects, suggesting the importance of these reforms.[Note212: Natalia Forsiuk (CoST Ukraine), interview by IRM researcher, 3 August 2017.]

Further, according to the government self-assessment report, in December 2016, the Ministry of Infrastructure included four additional pilot projects. One other infrastructure tender ('The Installation of the Third Autotransformer 300/110/34 kW on the Sub-station ‘Chernivetska’') has been included in the program.[Note213: '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. ] Moreover, in September 2017, CoST Ukraine, the Kyiv City State Administration, Kyivavtodor Communal Corporation, and Transparency International Ukraine signed a memorandum to ensure openness in the construction and repair of motor roads in Kyiv.[Note214: 'Transparency and Accountability Already in Kyiv: From Now on CoST Ukraine Will Monitor Road Repair in the Capital City,' CoST Ukraine, 8 September 2017, https://costukraine.org/en/prozorist-ta-pidzvitnist-uzhe-v-kyyevi-vidteper-cost-monitorytyme-remont-stolychnyh-dorig/.] In particular, three pilot projects will be publicly reported according to CoST standards. The first is the repair of the city’s Ring Road (project cost: UAH 396.5 million, general contractor: Onur Construction International LLC). The second involves the reconstruction of Kyrylivska Street and tram track in the Podilskyi district (projected estimated cost of construction: UAH 780 million). The third involves repair of Kyiv’s road network: Alma-Altynska Street from Prazka to Litynska Street, Dniprovsky district (total estimated cost as of 15 March 2017: UAH 260 million).[Note215: 'Transparency and Accountability Already in Kyiv: From Now on CoST Ukraine Will Monitor Road Repair in the Capital City,' CoST Ukraine, 8 September 2017, https://costukraine.org/en/prozorist-ta-pidzvitnist-uzhe-v-kyyevi-vidteper-cost-monitorytyme-remont-stolychnyh-dorig/.]

There was limited progress on proposals on the required amendments to regulations aimed at enhancing the efficient use of public funds. A CoST Ukraine representative stated that CoST Ukraine drafted the recommendations,[Note216: 'CoST Recommendations,' CoST Ukraine, https://costukraine.org/projects/rekomendatsiyi-cost/.] and they are ready to be advocated for adoption in the government.[Note217: Natalia Forsiuk (CoST Ukraine), interview by IRM researcher, 3 August 2017.] As of November 2017, these bylaws had not been adopted.[Note218: Victor Nestulia (Transparency International Ukraine), interview by IRM researcher, 26 July 2017.]

Early Results

By introducing international standards of transparency and accountability in tangible construction projects, the initiative has already demonstrated positive results in the construction sector. A useful tool, CoST standards can be used by the public contracting authority to assist in monitoring and control. Relevant authorities remain interested in this. So far, ministers and the president have showed political support for the initiative. The president and the prime minister have both publicly acknowledged the results of CoST reports. Members of CoST Ukraine have been interviewed on television. The expert community is becoming increasingly interested in CoST. In a positive sign, in July 2017, the Kyiv City State Administration and Kyivavtodor Communal Corporation decided to join CoST on their own initiative.[Note219: 'Transparency and Accountability Already in Kyiv: From Now on CoST Ukraine Will Monitor Road Repair in the Capital City,' CoST Ukraine, 8 September 2017, https://costukraine.org/en/prozorist-ta-pidzvitnist-uzhe-v-kyyevi-vidteper-cost-monitorytyme-remont-stolychnyh-dorig/.] These developments demonstrate that some authorities are receptive to this initiative and can be a model for others.

At the same time, representatives from CoST Ukraine note that the success of the standards requires continued government political will to ensure implementation. Given that time is running out on the deadline for adopting the standards in Parliament, it remains to be seen whether this political will can be maintained.[Note220: Natalia Forsiuk (CoST Ukraine), interview by IRM researcher, 3 August 2017.]

Next Steps

To scale up the successful pilot cases, CoST Ukraine and other civil society groups should combine advocacy efforts to introduce CoST standards into Ukrainian legislation. To accomplish that within the action plan time frame, the government should swiftly adopt CoST recommendations as nationwide standards. For the next action plan, the IRM researcher advises the government to introduce monitoring and assurance mechanisms to the projects. Government agencies should enforce controlling interventions when it finds violations.

Transparency International Ukraine suggests including in the next action plan a comprehensive reform of construction management and monitoring of infrastructure. This would be both through legal acts as well as an integrated IT product that can enable better tracking of infrastructure projects.[Note221: Victor Nestulia (Transparency International Ukraine), interview by IRM researcher, 26 July 2017.]


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,