Group manager

Vyhovskyy Mykola
Phone: 0639757305
vyhovsky.m@gmail.com

Lead expert

Tymoshchuk Viktor
vtymoschuk@gmail.com
Мельничук Віталій
melnychuk9@gmail.com

Civil Society Organisations:

  • Centre of Policy and Legal Reform
  • CCC Creative Center
ISSUES TO BE RESOLVED BY THE REFORM

The government of Ukraine has low institutional capacity to shape and implement consistent state policy. The work of the Cabinet of Ministers is mostly focused on “extinguishing fires”, while there is no practice of state policy analysis or risk and problem monitoring; the executive authority works in the “instructions from above” mode, not in the incentive mode. The government makes broad use of the “emer- gency” procedure, according to which draft governmental decisions are adopted without: prior consideration by a governmental committee, inter-departmental approval, public consultations, and legal and anticorruption opinions. Civil service has a number of noticeable problems: too quick staff turnover, low remuneration, obscure selection procedures especially to higher positions which is accom- panied by nepotism; political influence on civil servants, low motivation to do one’s job. The Law “On Civil Service” was adopted to overcome these problems. It came into force on May 1 2016. The quality of its implementation will determine whether these problems will keep existing or will be resolved. Key challenges related to the implementation of this Law are to increase the prestige of civil service, to guarantee equal access to civil service, to introduce a transparent mechanism of recruitment to civil service and effective anticorruption mechanisms in the public sector. Moreover, it is necessary to protect key provisions of the law, as various subjects of legislative initiative might be interested in watering them down.
In Ukraine, as a post-totalitarian state, development of administrative acts is usually guided by the needs of author- ities, while there are no mechanisms to take into account the legitimate interests of private persons. Due to the fact that public administration bodies do not involve the stake- holders into the decision-making process, do not guarantee the citizens the right to be heard and the right to access to case materials, do not substantiate their decisions and so on, the citizens and business are not protected against arbitrary behavior of officials. The changes shall be based on the principle “more rights and powers to the citizens and businesses as recipients of administrative services and more duties and responsibilities to the providers of these services.” In European countries, such protection is deter- mined by a general administrative procedure which legis- latively describes the procedure for preparing decisions (administrative acts), the rights of officials and citizens.
While obtaining administrative services, citizens encounter a number of problems, particularly obscurity of the set prices (fees), illegal exactions for some admin- istrative services, while the others are totally free. Many prices of administrative services have not been reconsid- ered since the Decree on State Duty of 1993. In addition, the most popular administrative services (registration of civil status, issue of driver’s license, passports, etc.) still cannot be obtained in the Administrative Service Centers. They are provided by different (scattered) ministries and state services.

GOAL I. SENIOR CIVIL SERVICE CORPS AT THE CENTRAL LEVEL IS FORMED
  1. Determine mechanisms, sources and schemes of official salaries for newly-elected public officials.

Decision-making authority: Cabinet of Ministers.

  1. Prevent adoption of amendments to the Law «On Civil Service» aimed at distorting its idea.

Decision-making authority: Verkhovna Rada.

  1. Shape an authoritative and integral Commission on Senior Civil Service.

Decision-making authority: Civil society organizations, Cabinet of Ministers.

  1. Select through open competitions and appoint state secretaries of ministries according to the Law «On Civil Service»

Decision-making authority: Commission on Senior Civil Service, Cabinet of Ministers.

GOAL ІI. MOST POPULAR ADMINISTRATIVE SERVICES ARE DELEGATED TO THE LOCAL SELF-GOVERNMENT AND/OR ARE PROVIDED IN THE ADMINISTRATIVE SERVICE CENTERS,THEIR FEES ARE REGULATED BY THE LEGISLATION
  1. Regulate legislatively relations regarding payment for administrative services.

Decision-making authority: Verkhovna Rada.

  1. Fully implement the laws on decentralization of administrative services of residence, business, and real estate registration.

Decision-making authority: Cabinet of Ministers.

  1. Transfer the services of civil status registration from the Ministry of Justice to the communities.

РDecision-making authority: Cabinet of Ministers, Ministry of Justice.

  1. Ensure legislatively accessibility and convenience of use of the new passport (ID-card).

Decision-making authority: Verkhovna Rada.

  1. Transfer the equipment for working with passports from the State Migration Service to local self-government bodies and Administrative Service Centers.

Decision-making authority: Ministry of Interior.

  1. Transfer administrative services of vehicle registration and driver’s license issue from the Ministry of Interior to communities.

Decision-making authority: Ministry of Interior.

  1. Change the procedure of residence registration from permissible to declarative.

Decision-making authority: Cabinet of Ministers.

GOAL IІІ. RELATIONS OF A PERSON AND PUBLIC ADMINISTRATION AIMED AT PROTECTING CITIZENS FROM ARBITRARINESS OF OFFICIALS ARE LEGISLATIVELY REGULATED
  1. Reach consensus among the branches of power regarding introduction of the administrative procedure that would correspond to international standards.
  1. Regulate legislatively the administrative procedure.

Decision-making authority: Verkhovna Rada.

GOAL ІV. INSTITUTIONALLY CAPABLE GOVERNMENT IS ABLE TO IMPLEMENT REFORMS
  1. Introduce effective and transparent procedures for preparation of governmental decisions: publication of draft decisions, meetings of governmental committees, public consultations; cancel the procedure of adopting emergency decisions.

Decision-making authority: Cabinet of Ministers.

  1. Create institutionally capable ministries through establishment of new departments that implement specific state policy.

Decision-making authority: Cabinet of Ministers.

ADDITIONAL INFORMATION

Group experts

  • Balabaniuk Zhanna
  • Filipovskyi Viktor
  • Kalinichenko Olha
  • Koliushko Ihor
  • Kuprii Volodymyr
  • Kurinnyi Oleksii
  • Rybii Mariana
  • Shkolnyi Yevhen
  • Soroka Serhii
  • Tymoshchuk Viktor
  • Vyhovskyy Mykola
  • Yankina Liudmyla
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