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Ukraine

Draft Law on Public Consultations (UA0068)

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.

Support Institution(s): Charity Fund CCC Creative Centre, the All-Ukrainian non-governmental organisation Committee of Voters of Ukraine, the non-governmental organisations Ukrainian Centre for Independent Political Research and Centre for Policy and Legal Reform, the OSCE project coordinator in Ukraine, the Council of Entrepreneurs under the Cabinet of Ministers of Ukraine, other civil society institutions and international organisations (by consent).

Policy Areas

Legislation & Regulation, Legislature, Open Regulations, Participation in Lawmaking, Public Participation

IRM Review

IRM Report: Ukraine End-of-Term Report 2016-2018, Ukraine Mid-Term Report 2016-2018

Starred: No

Early Results: Marginal

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation

Potential Impact:

Implementation i

Completion:

Description

Event: Development of a draft law on public consultations.; Implementation timeframe: December 2016; Entities responsible: Ministry of Justice.; Partners: Charity Fund CCC Creative Centre, the All-Ukrainian non-governmental organisation Committee of Voters of Ukraine, the non-governmental organisations Ukrainian Centre for Independent Political Research and Centre for Policy and Legal Reform, the OSCE project coordinator in Ukraine, the Council of Entrepreneurs under the Cabinet of Ministers of Ukraine, other civil society institutions and international organisations (by consent). Expected results: Development of the draft Law of Ukraine “On public consultations” to regulate matters related to the holding of consultations by the public authorities with the community and submission of the draft in accordance with established procedures for consideration by the Government.

IRM End of Term Status Summary

12. Develop a draft law on public consultations

Commitment Text:

Development of a draft law on public consultations

Expected results: Development of the draft Law of Ukraine “On public consultations” to regulate matters related to the holding of consultations by the public authorities with the community and submission of the draft in accordance with established procedures for consideration by the Government.

Responsible institution: Ministry of Justice.

Supporting institutions: Charity Fund CCC Creative Center, the All-Ukrainian non-governmental organization Committee of Voters of Ukraine, the non-governmental organizations Ukrainian Center for Independent Political Research and Center for Policy and Legal Reform, the OSCE project coordinator in Ukraine, the Council of Entrepreneurs under the Cabinet of Ministers of Ukraine, other civil society institutions and international organizations (by consent).

Start date: December 2016..                                     End date: August 2018

Commitment Aim:

This commitment aims to develop a draft law on public consultations. The government authorized the Ministry of Justice to develop the draft law of Ukraine On Public Consultations. The commitment calls for regulation of matters related to public authority consultations with the community and for the submission of a draft for Cabinet of Ministers consideration.

Status

Midterm: Substantial

By September 2017 the government had substantially completed this commitment. A multi-stakeholder working group developed the draft law, and it underwent wide public discussion. [220] According to the Ministry of Justice, the ministry held two expert discussions. It also consulted the general public via offline and online means. Civil society leaders provided input but noted that the discussion largely focused on legal issues instead of methods of implementation. In January 2017, the draft text was submitted to the Secretariat of the Cabinet of Ministers. This initial submission received comments by other government ministries and was resubmitted in June 2017. [221] The draft law had been initially expected to be submitted to the Cabinet of Ministers for adoption in December 2016. However, as of September 2017, it remained with the Secretariat of the Cabinet of Ministers. For more information, please see the 2016–2018 IRM midterm report. [222]

End of term: Complete

The Ministry of Justice submitted the revised draft of the law to the Cabinet of Ministers on 25 October 2017. [223] The Cabinet approved the draft on 20 December 2017. [224] On 27 December 2017 the Cabinet of Ministers submitted the draft law On Public Consultations to the Ukrainian Parliament, Verkhovna Rada. [225] A specialized committee reviewed the draft law. As a result, on 15 May 2018 the committee submitted a resolution requiring a substantial revision of the draft law. On 18 September 2018 Parliament returned the draft law to the government for revision. [226] A civil society activist who advocated the draft laws believed that this occurred because some members of Parliament (and the parliamentary committee) were offended by the planned law's mandate over Parliament (the requirement to consult the public about all future draft laws). [227] This activist admitted that as of September 2018, the situation seemed like a deadlock. In any case, by the end of the action plan, the draft law had been developed and submitted, which marks the completion of this commitment as written.

Did It Open Government?

Civic Participation: Marginal

The draft law envisioned establishing a framework for citizen engagement in public consultations at different levels and branches of government. The legal provisions were widely discussed. The government included requirements for recommended by civil society (the obligation that all policies can be adopted only after public consultations, consulting procedures, responsible officials, and inclusion of an accountability mechanism). Consequently, the government advanced in introducing clear guidelines for public discussion. The public consultations on this draft law demonstrated the good practice of citizen involvement. A civil society expert who participated in drafting the law acknowledged that stakeholders involved in deliberation of the draft law took the initiative to implement its regulations even before its formal adoption. [228] For instance, several municipalities took the draft laws as a guidance for action and proactively conducted public consultations. [229] The Ministry of Justice also conducted online consultations to draft this law. [230] As a result, offline working groups and online public consultations became more widespread within the ministry and in several other ministries. [231]

Carried Forward?

When this report was written, the government had not published the next action plan. Therefore, it is not clear if this commitment has been carried forward. The IRM researcher recommends Parliament adopt the law to institutionalize the practice of public consultations across the entire public administration. As a next step, government could issue an executive decree obliging central authorities to introduce mandatory public consultations according to the guidelines developed in the draft law.

[220] “The Information on Public Deliberation,” Civil Society and Authorities: Governmental Website (link no longer accessible as of 25 April 2018) http://civic.kmu.gov.ua/consult_mvc_kmu/news/article/actual_lst/2781.

[221] “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.

[222] “Ukraine Mid-Term Report 2016–2018,” Open Government Partnership, https://www.opengovpartnership.org/documents/ukraine-mid-term-report-2016-2018-year-1/.

[223] Natalia Bernatska (Ministry of Justice of Ukraine), email exchange with IRM researcher, 14 September 2018.

[224] Ibid.

[225] “The Draft Law on Public Consultations,” #7453, the Verkhovna Rada of Ukraine: The Official Web-portal, http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=63237.

[226] “The Draft Law on Public Consultations,” #7453, the Verkhovna Rada of Ukraine: The Official Web-portal, http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=63237.

[227] Victor Tymoshchuk (Center of Policy and Legal Reform), interview with IRM researcher, 9 August 2018.

[228] Ibid.

[229] Victor Tymoshchuk (Center of Policy and Legal Reform), communication with IRM researcher, 18 October 2018

[230] Ibid.

[231] Victor Tymoshchuk (Center of Policy and Legal Reform), interview with IRM researcher, 9 August 2018.

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, Anti-Corruption

  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, Anti-Corruption

  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, Anti-Corruption

  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, 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, Anti-Corruption

  26. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Anti-Corruption

  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, 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, 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, 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, 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,

  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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