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Ukraine

Transparency in public procurement (Prozorro) (UA0073)

Overview

At-a-Glance

Action Plan: Ukraine Third National Action Plan 2016-2018

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: MoE MoF State Audit Service Treasury National Police of Ukraine State-run enterprise ProZorro

Support Institution(s): USAID and UK aid-funded Transparency and Accountability in Public Administration and Services Program/TAPAS, Transparency International Ukraine, other CSOs and international organizations (upon their consent)

Policy Areas

E-Government, Open Contracting and Procurement, Open Data, Public Participation

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Not Relevant

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

Improving transparency and efficiency of state control in the field of public procurement The launch of mandatory ProZorro electronic public procurement system back in 2016 contributed to the transparency and efficiency of procurement and helped involve new potential bidders. At the same time, a number of issues that negatively affect public procurement system in general still remain, including: • Low professional capacity of persons responsible for procurement procedure that results in poor and biased selection of winning bidders and eventually to nonefficient use of funds; • Violation of procurement law by the customers; • Biased and non-transparent decision-making during oversight activities of the bodies authorized to exercise control in the field of public procurement. Owing to high level of transparency of procurement through ProZorro, the community was enabled to detect the procurement procedures that may entail violation of law, as provided for by Article 9 of the Law of Ukraine “On Public Procurement” that concerns civic oversight. However, the e-procurement system currently does not enable notifying the controlling and law enforcement agencies on such cases. It also lacks consolidated information on how controlling and law enforcement agencies respond to the respective requests by the community. Moreover, public procurement system ProZorro currently lacks information on whether the payments per the procurement agreements were made which prevents from adequate control of efficiency and integrity of implementation of such agreements. Actions Responsible Timeframe Partners Indicator 1. Develop the API for integration of ProZorro epublic procurement system with external resources MoE MoF State Audit Service Treasury National Police of Ukraine State-run enterprise ProZorro January 2019 – August 2020 USAID and UK aid-funded Transparency and Accountability in Public Administration and Services Program/TAPAS, Transparency International Ukraine, other CSOs and international organizations (upon their consent) The mechanism for the CSOs to report detected violations of by the procurement customers to the controlling and law enforcement agencies online identified 2. Developing a statistics public module -//- December 2018 – April 2019 -// Detected violations and the status of addressing them are displayed in ProZorro system 9 3. Providing integration of ProZorro e-public procurement system with the systems of MoF and Treasury -//- December 2018 – December 2019 -//- Joint Order of the MoE and MoF on approving the Procedure of information interaction between eprocurement system, information system of the MoF and system of the Treasury adopted; Data exchange between these systems enabled Expected results of this activity are enabling the CSOs to report detected violations in ProZorro system online to the controlling and law enforcement agencies; enabling transparency of payment for procurement contracts; timely identification and prevention of violations and abuse of procurement procedures through automatic information exchange between the e-public procurement system ProZorro, Unified Portal of Open Data, and Treasury system.

IRM Midterm Status Summary

13. Elaborate e-democracy roadmap

Commitment Text:

Development of e-democracy

Expected results: Development of the Conceptual design for the development of e-democracy and submission in accordance with established procedures for consideration by the Government (May 2017). Development of the action plan for the development of e-democracy and submission in accordance with established procedures for consideration by the Government (November 2017).

Responsible institution: State Agency for E-governance

Supporting institutions: EGAP Program, Center for Innovations Development at the National University Kyiv-Mohyla Academy, the non-governmental organizations Center of Policy and Legal Reform, e-democracy, and Eidos Center for Political Studies and Analysis, other civil society institutions and international organizations (by consent).

Start date: December 2016 End date: November 2017

Context and Objectives

In the previous action plan, Ukraine committed to develop 'e-democracy' as a concept to use new forms of digital information technologies to strengthen civic participation and improve democracy. This commitment aims to craft an appropriate action plan. E-democracy is understood as e-petitions, e-consultations, e-polling, online deliberation, e-voting, e-referenda, e-elections, online participatory budgeting, crowdsourcing of ideas, crowdfunding of community projects, and co-implementation mechanisms. Public perceptions of these forms of deliberation and civic input remain low. A survey in 2015 by the Kiev International Institute of Sociology suggested 79 percent of the population had never heard of the term 'e-democracy.'[Note310: 'E-government and E-democracy: What Do Ukrainians Think?' E-government and E-democracy, EGAP, 20 April 2016, http://egap.in.ua/biblioteka/e-uryad-ta-e-demokratiya/.]

The previous action plan commitment[Note311: Dmytro Kotliar, Independent Reporting Mechanism (IRM): Ukraine End of Term Report 2015–2016 (Washington, DC: Open Government Partnership, 2017), https://www.opengovpartnership.org/sites/default/files/Ukraine_EOTR_2014-2016_ENG.pdf.] suggested a strategic outline, but the current commitment seeks to elaborate a new conceptual design and action plan.[Note312: 'Ukraine Third National Action Plan 2016–2018,' Open Government Partnership, https://www.opengovpartnership.org/documents/ukraine-third-national-action-plan-2016-2018.] However, the commitment is vague in terms of the content produced. While the deliverables are verifiable, the commitment does not list any steps the government plans to take to develop either the concept paper or the action plan. This commitment is relevant to civic participation. It addresses the broader operating environment that enables public participation through new ways.

The government expects this commitment to result in a set of regulations and a clear conceptual framework on e-democracy. Both the State Agency for E-Governance and a representative of civil society suggest that facilitating a more understandable concept of e-democracy is a major focus.[Note313: Dmytro Makovskyi (State Agency for E-Governance), interview by junior researcher, 1 August 2017; and Serhiy Karelin (EGAP), focus group by junior researcher, 26 July 2017.] However, since the commitment results are strategy documents, it is not clear how they will be implemented by specific ministries. The potential impact cannot be assessed any higher than minor.

Completion

The commitment is fully complete. In December 2016, a coalition of stakeholders agreed to the Memorandum for Collaboration for the Advance of Electronic Democracy. The Coalition for the Advance of Electronic Democracy in Ukraine consisted of the State Agency for E-Governance, other government agencies, academic institutions, and nongovernmental organizations.[Note314: The full list of the coalition members is available at https://drive.google.com/open?id=0B4zwzD8RAmnoODZ5QjhaRkd4OFE.] This multistakeholder coalition drafted both the concept paper and the action plan on e-democracy.

Following the formation of the multistakeholder coalition, experts and interested parties were recruited to draft the two policy papers. Recruitment occurred through social media posts[Note315: 'E-democracy in Ukraine,' Facebook, https://www.facebook.com/groups/edemclubua/.] and other personal networks. The drafting was considered quite chaotic by one civil society expert, in large part because of continued confusion over the definition and goals of the e-democracy policy.[Note316: Sofia Sakalosh (PARD), focus group by junior researcher, 26 July 2017.]

The first drafts were published on a special e-consultations platform[Note317: E-democracy: Public Discussions of Draft Laws, http://e-zakon.org/e-dem/.] in March 2017 for public feedback. In addition to collecting online feedback, the coalition arranged six offline discussions in different cities. The group placed calls to join the public offline discussions on social media in the Facebook group 'E-Democracy in Ukraine'[Note318: 'E-democracy in Ukraine,' Facebook, https://www.facebook.com/groups/edemclubua/.] and on the website of the State Agency for E-Governance.[Note319: 'Regional Public Discussion of the Concept Paper for the Development of Electronic Democracy in Ukraine,' News, State Agency for E-Governance of Ukraine, 21 March 2017, http://www.dknii.gov.ua/content/regionalni-publichni-obgovorennya-koncepciyi-rozvytku-elektronnoyi-demokratiyi-v-ukrayini.] According to a representative of a civil society group,[Note320: Oksana Gubrenko (Association4U), focus group by junior researcher, 26 July 2017.] the text was both well received and understood by public commentators.

After the period of feedback, the text was revised and approved by the multistakeholder coalition and international donors.[Note321: According to Oksana Gubrenko (Association4U), the Swiss Confederation and Swiss Cooperation Office in Ukraine are the biggest international donors; focus group by junior researcher, 26 July 2017.] The multistakeholder coalition officially presented and submitted the documents to the Cabinet of Ministers on 22 May 2017.[Note322: 'The Draft Concept Paper for Development of Electronic Democracy in Ukraine and the Action Plan for the Implementation of the First Stage of Its Implementation Has Been Presented,' State Agency for E-Governance of Ukraine, 22 May 2017, http://www.dknii.gov.ua/content/vidbulas-prezentaciya-proektu-koncepciyi-rozvytku-elektronnoyi-demokratiyi-v-ukrayini-ta.] Both documents were also made publicly available on the official website of the State Agency for E-Governance.[Note323: 'Draft Concept Paper and Action Plan for the Development of Electronic Democracy in Ukraine,' State Agency for E-Governance of Ukraine, http://www.dknii.gov.ua/sites/default/files/proekt_koncepciyi_z_e-demokratiyi_.pdf.] The draft document consists of a glossary of terms, problem description, objectives, deadlines, solutions, expected results, and budget requirements.[Note324: Full text of the concept paper and the action plan for the development of electronic democracy in Ukraine is available at http://bit.ly/2tcajXt.]

Expectations by both the State Agency for E-Governance[Note325: Dmytro Makovskyi (State Agency for E-Governance), interview by junior researcher, 1 August 2017.] and civil society[Note326: Nataliia Harashchenko (Club of Economists), Oksana Gubrenko (Association4U), Serhiy Karelin (EGAP), and Sofia Sakalosh (PARD), focus group by junior researcher, 26 July 2017.] that the drafts would be approved in late summer were not met, as the Ministry of Justice took longer than planned to review the documents.[Note327: Dmytro Makovskyi (State Agency for E-Governance), interview by junior researcher, 1 August 2017.] On 8 November 2017, the Cabinet of Ministers adopted both the concept paper and action plan for the development of electronic democracy.[Note328: 'The Government Has Adopted the Concept Paper for the Development of Electronic Democracy and the Action Plan for Its Realization,' State Agency for E-Governance of Ukraine, 9 November 2017, http://www.e.gov.ua/content/uryad-shvalyv-koncepciyu-rozvytku-elektronnoyi-demokratiyi-ta-plan-zahodiv-z-yiyi.] The action plan outlines core principles, conditions, and measures for developing and facilitating e-democracy.

Early Results

The Coalition for the Advance of Electronic Democracy in Ukraine united a broad spectrum of e-democracy stakeholders, setting up a model for collaborative policy making. The E-Governance Academy, in an international study, noted that both the inclusive process and the successful adoption of the policy papers set an international best-practice example.[Note329: Kristina Reinsalu, Raul Rikk, Jelizaveta Krenjova, and Piret Pernik, Situation Review: Safety and Security of Cyberspace and E-Democracy in the Eastern Partnership Countries, (e-Governance Academy, 2017), (link no longer accessible as of 25 April 2018) http://ega.ee/…/uploads/2017/10/ega_e-demcyber_FINAL_web.pdf. ]

Both the concept paper and action plan outline next steps for implementation. Members of the multistakeholder coalition think that the concept and framework can provide the basis for future efforts to strengthen the prospects for e-democracy in Ukraine.[Note330: Nataliia Harashchenko (Club of Economists), Oksana Gubrenko (Association4U), Serhiy Karelin (EGAP), and Sofia Sakalosh (PARD), focus group by junior researcher, 26 July 2017.]

Next steps

Stakeholders believe that the momentum following the successful adoption of the policy paper should be built upon. A State Agency for E-Governance representative echoed these comments.[Note331: Dmytro Makovskyi (State Agency for E-Governance), interview by junior researcher, 1 August 2017.]

One key benefit of this commitment’s completion is the reframed and user-friendly work on e-democracy as a concept. To that end, targeted social media advertisement by members of the multistakeholder coalition could be helpful.


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,