Group manager

Rybii Mariana

Lead expert

Koliushko Ihor
klio@pravo.org.ua

Civil Society Organisations:

  • Centre of Policy and Legal Reform
  • CCC Creative Center
ISSUES TO BE SOLVED BY THE REFORM
The Ukrainian government has low institutional capacity to develop and implement consistent state policy. The Cabinet's work is mainly focused on "fire-fighting", ministries have no policy analysis practice, risk and problem monitoring; the executive power works only in the format of top-down orders rather than based on initiatives. The Government widely uses "urgent cases" procedure according to which draft government acts are adopted by the ear without prior review by the government committee, without interagency approval and without public consultation, without legal and anti-corruption expert review.Civil service is characterized by staff turnover, a non-transparent remuneration system, lack of clear division of powers between political and administrative offices, frequent abuses of the status "in an acting capacity", especially at a higher level, accompanied by nepotism; political influence on civil servants, low motivation to work and organizational culture that impedes initiative, proactivity and responsibility, morally outdated system of civil servants training and their on-the-job training, which enhances and preserves ineffective civil service processes. Key challenges on the way to reforming the civil service include increase in the civil service prestige, guarantee of equality of access to the civil service, transparent mechanism for civil service employment, effective mechanisms for preventing corruption in the public sector. In addition, the key provisions of the Law "On Civil Service" need to be protected since various subjects of the legislative initiative may be interested in their elimination (for example, the entry into force of the limitation of the term of office for category "A" offices with the status "temporarily in an acting capacity" to 3 months as of 2016 will be postponed).

In Ukraine, a post-totalitarian country, the process of drafting administrative acts should be guided first and foremost by the needs of authorities and there are still no proper mechanisms for taking into account the legitimate interests of individuals. Due to the fact that public administration bodies do not engage stakeholders in decision-making, do not guarantee citizens the right to be heard and the right to access the materials of the case, do not substantiate their decisions, etc., citizens and business are not protected from the arbitrariness of officials. The changes should be based on the principle of "more rights and opportunities for citizens and businesses as administrative services recipients and more commitment and responsibility for those providing them". In Europe, such protection from the arbitrariness of officials is establishes by a general administrative procedure that legally describes the procedure for preparing decisions (administrative acts), the rights of officials and citizens.

When receiving administrative services, citizens are faced with the lack of transparency of established prices (fees), illegal fees for certain administrative services while others are generally provided free of charge. Many prices for administrative services have not been revised since the publication of the 1993 State Duty Decree. Moreover, the most popular administrative services (registration of civil status acts, issuance of driver's licenses, registration of land plots, etc.) are still not decentralized and are mostly not provided through the Administrative Services Centers, instead they are still provided by various (dispersed) ministries and public services.

GOAL I. Effective Government capable of implementing reforms
  1. Draft and regulate the list of state policy spheres and responsible ministries;
  2. Determine the typical organizational structure of ministries and other CEBs;
  3. Delimit functions of state policy development and implementation;
  4. Ensure a clear division of powers and responsibilities between political offices and civil service offices, including but not limited to, by clearly defining the role and powers of deputy ministers and reducing their number;
  5. Introduce a system of responsibility for the effectiveness and efficiency of the state policy implementation by all state bodies;
  6. Establish a clear system of CEBs accountability by combining strategic guidance and oversight by the relevant minister while ensuring the operational autonomy of the subordinate body;
  7. Introduce a system for delegating operational tasks to political leadership and state secretaries to a lower level of civil servants while ensuring their responsibility, proper control and accountability;
  8. Reform the CMU Secretariat by transforming it into a) the secretariat of the CMU collegiate body; b) the Government's center responsible for coordinating, monitoring the implementation of reforms and implementation of government strategies and plans;
  9. Implement consolidation and centralization of homogeneous functions within a single CEB or their system in order to improve the use of financial, time and human resources;
  10. Review and improve the status of CEBs as separate legal entities of public law.

Decision-making authority:Cabinet of Ministers of Ukraine, National Agency for Civil Service, Minister of the Cabinet of Ministers of Ukraine, Ministry of Finance, Ministries

GOAL ІІ. Ensure implementation of the provisions and principles enshrined in the Law of Ukraine "On Civil Service":
  1. Reform the remuneration system for civil servants and introduce classification of civil service professions (works);
  2. Ensure the ability of state authorities to perform high-quality human resources management, in particular, by strengthening the capacity of human resources management services and training in human resources management skills at all levels of civil service management;
  3. Ensure implementation and full-scale use of a single Human Resource Management & Information System (HRMIS);
  4. Ensure that the procedure for conducting competitions for all civil service offices is transparent, unbiased, competitive and based on the assessment of competencies;
  5. Ensure a clear link between the level of competence development, the system of vocational civil service training and the system of incentives for civil servants, in particular through the use of annual civil servant evaluation mechanism;
  6. Increase the quality of professional training of civil servants during their service, including by eliminating the state monopoly for the provision of educational services to the state bodies and civil servants, as well as reforming the National Academy for Public Administration under the President of Ukraine and the All-Ukrainian Professional Advancement Center for Civil Servants and Local Self-Government Officials;
  7. Ensure the formation of a new organizational culture of civil service.

Decision-making authority:Cabinet of Ministers of Ukraine, National Agency for Civil Service, Minister of the Cabinet of Ministers of Ukraine, Ministry of Finance, Ministry of Economic Development and Trade, Ministries

GOAL ІІІ. Ensure the adoption of effective government decisions on the basis of a comprehensive analysis and in accordance with public priorities and public consultations:
  1. Introduce state policy analysis and development system, government decisions influence analysis system, financial and economic analysis system and strategic planning system in the ministries;
  2. Introduce a result-oriented system for the executive bodies operational planning;
  3. Ensure budget financing of government priorities on the basis of medium-term planning (for 3 years);
  4. Combine state policy planning (strategic planning) with budget planning (medium and short-term).
  5. Implement regular policies review and evaluation procedures, and introduce a sunset clause, i.e., an approach where any policy is implemented only for a certain period of time and is extended only if it is effective, based on the policy implementation assessment results;
  6. Enhance openness of the public policy development and participation of the public in the decision-making process through the adoption of the Law "On Public Consultations".

Decision-making authority:Cabinet of Ministers of Ukraine, National Agency for Civil Service, Minister of the Cabinet of Ministers of Ukraine, Ministry of Finance, Ministry of Economic Development and Trade, Ministries

GOAL IV. Reduce the cost of maintaining the state apparatus and continue to optimize and digitalize processes in government bodies:
  1. Introduce electronic interaction systems in state bodies;
  2. Implement consolidation and centralization of homogeneous functions within a single CEB or their system in order to improve the use of financial, time and human resources;
  3. Strictly adhere to the introduced digital by default principle for the state control processes in the state policy development;
  4. Improve the procedures for interaction between the state bodies and citizens (citizens' requests, access to public information, etc.).

Decision-making authority:Cabinet of Ministers of Ukraine, National Agency for Civil Service, Minister of the Cabinet of Ministers of Ukraine, Ministry of Finance, Ministry of Economic Development and Trade, Ministries

GOAL V. Regulate the administrative procedure
  1. Adopt the Law "On Administrative Procedure".
  2. Review specific laws and bring them into line with the new administrative procedure legislation;
  3. Hold educational events for public servants and information and awareness raising campaigns for citizens on the application of new legislation on administrative procedure.

Decision-making authority:Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Secretariat of the Cabinet of Ministers of Ukraine, Ministry of Justice of Ukraine, Ministry of Finance of Ukraine, Ministries.

GOAL VI. Decentralize and simplify the procedures for providing administrative services
  1. Entrust local self-government bodies with the provision of basic administrative services, in particular in the areas of civil status acts registration, registration of land plots, vehicle registration and issuance of driver's licenses;
  2. Integrate administrative services provided on the basis of delegated authority at the Center for the Provision of Administrative Services (CPAS);
  3. Simplify procedures for providing basic administrative services, in particular registration of a place of residence, passport services, etc.;
  4. Streamline the relations on paying for administrative services through the adoption of the Law "On Administrative Fee".

Decision-making authority:Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Ministry of Justice of Ukraine, Ministry of Finance of Ukraine, Ministries.

ADDITIONAL INFORMATION

Group experts

  • Koliushko Ihor
  • Rybii Mariana
  • Shkolnyi Yevhen
  • Soroka Serhii
  • Tymoshchuk Viktor
  • Bilak Pavlo
  • Derets Viktoriia
  • Hevko Andriy
  • Khilobok Ivan
  • Klymenko Kyrylo
  • Marchkak Daryna
  • Ohryzko Olesia
  • Semenikhin Volodymyr
  • Tertychka Valerii
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