Skip Navigation
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, Open Parliaments, Participation in Lawmaking, Public Participation, Regulatory Governance

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. 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