BRIEF DESCRIPTION OF THE REFORMS
The main task of the RPR-Kyiv group is to review the social contract between the authorities and the citizens at the level of Kyiv, which has for a long time been a subject of mutual cover-up of key officials and big business. The public will become a key participant in the local decision-making. The monopoly of power in the adoption of all decisions in the budget, land, and urban development areas costs Kyiv dear. Scarce payments to the city budget against the background of shadow money flows amounting to billions are pocketed by the businesses and officials affiliated with the authorities. It has become obvious that the traditional rotation of party symbols in the offices has had almost no impact on the embezzlement - the people have changed, but the scheme remained the same.
The Additional Protocol to the European Charter on the right to participate in the affairs of the local government ratified by the Verkhovna Rada on September 2, 2014 is a legal basis for change. Ratifying the Protocol, the government has committed itself to take an additional set of measures to implement the right of the citizens to participate in the local government affairs. Such measures, particularly at the level of Kyiv, should include:
1. Introduction of the procedures for engaging the territorial community of Kyiv in the formation and implementation of municipal policy based on the specific consultation processes within the preparation and public discussion of draft decisions, etc.
2. To engage the residents of Kyiv to common problem solving directly at their place of residence through such mechanisms as general meetings, local initiatives, orders of voters, access to the official documents of the local self-government bodies.
3. The use of information and communication technologies (primarily official web-resources of Kyiv City Council and KCSA) to implement the right of the Kyiv citizens to participate in the local government affairs.
In Ukraine, some elements of public participation are available, but they are declarative. RPR-Kyiv sets an ambitious goal - to bear impact on the vicious circle of corruption and to change the situation in the capital of Ukraine - Kyiv.
Monitoring of the status of the reform at the level of Kyiv will allow to carry out public control over the implementation of effective legislation and to fix the most common problems, as well as to prepare solutions in a package to implement certain policies. In the future, this will allow the RPR platform to respond quickly to the current issues and to initiate amendments to the legislation and regulations.
RPR-Kyiv aims to be a catalyst for the reforms at the local level and to spread the best practices throughout Ukraine through building effective mechanisms for public participation - "shared budgeting" and restored instruments of "transparency" and "openness" of authorities.
Key tasks of the reform:
Today, it is only the political elites, which are often in the conflict of interest situation, that have the exclusive right to submit proposals to the budget, as well as control the use of funds. Public participation in the budget process has been reduced to imitating actual cooperation and ignoring the submitted proposals.
The general plan of reform implementation
To assess the state of local politics on the basis of analysis of the legislation of Ukraine and local regulations, litigation, foreign and domestic practices, and generalization of expert opinions. To develop a concept of the reform through increasing the influence and the role of the public in the local decision-making done by the local authorities and local self-government in Kyiv.
Preparation, discussion, and approval of draft regulations which provide for the improvement of the procedures of public participation in the local decision-making in Kyiv; increasing the efficiency and effectiveness of local policies in various areas of public life. Public presentation of these initiatives. Testing of new mechanisms, their implementation, and monitoring of their results.
Advocacy of the prepared draft regulations with a view to their adoption by the competent authorities.
Dissemination of best practices and achievements among the concerned in Ukraine.
Key tasks of the reform:
|1||Task: To help the municipal authorities to ensure accessibility and openness of the official websites of the Kyiv City State Administration and Kyiv City Council.|
|Description: To develop and advocate introduction of the concept of open government in Kyiv. To provide technical assistance with the development of the KCC and KCSA official websites. To introduce e-government tools and electronic document workflow in the KCSA. To conduct training (workshops) for managers and employees of the KCSA departments on the implementation of the open government concept in the city. To create opportunities for public participation within the platform of the open government in Kyiv in web format (public hearings, discussions, forums, comments, etc.).|
|Document and its status: Assessment of the openness of data on the web pages of the KCSA and Kyiv City Council. Proposals on how to improve the transparency of data and introduce the concept of open government in the KCSA and KCC (December - May 2015);|
|2||Task: To create, discuss, and hold consultations regarding effective mechanisms of public participation in the local decision-making (public initiatives, local referendum, public discussions, public hearings, public assessment, public consultations).|
|Description: To develop transparent advisory and blocking procedures of public participation: public initiatives, public discussions, public hearings, public assessment, public consultations. To have the KCC/KCSA adopt the amendments to the organization of such procedures to prevent any attempts of the concerned parties to hold “pocket meetings.” To reform public councils under the executive agencies and local self-government bodies in Kyiv. To advocate the need to reform the mechanisms of public participation in the local decision-making.|
|Document and its status: Draft regulations on public hearings, public discussions, and public initiatives (December – February 2015). Changes to the statute of the Kyiv territorial community.|
|3||Task: To develop the budgetary regulations and the concept of "shared budgeting" to improve transparency, openness, and accountability of the budget process.|
|Description: To create and implement the procedure of taking into account the interests of different stakeholders in the process of budgeting and public formation of budget policy priorities in Kyiv. To prepare a package of proposals on how to increase budget revenues and optimize the expenditures. To develop the budgetary regulations and the concept of "shared budgeting", assessing the status of Kyiv budget implementation. Programs of socio-economic development, targeted urban programs (particularly in the area of land resources and real estate management, urban development, the development of industry, small and mid-size businesses, etc.).|
|Document and its status: Preparation of the assessment of budgeting and the package of proposals (December - January 2015) based on the materials of the Open Society Foundation - Done. Press conferences on this topic have been held. Petitions have been filed. Advocacy of the need to introduce budgetary regulations and "shared budgeting" at the level of KCSA and KCC (January - March 2015).
Preparation and implementation of the budget regulations and "shared budgeting" at the level of KCSA and KCC (by the end of 2015).
|4||Task: To improve transparency, openness, and accountability of land management and urban development in terms of development of a new specialized targeted program and compliance of the general layouts of Kyiv with the effective laws on urban development.|
|Description: Land resources and the development of Kyiv have for years been a source of enrichment of the business groups and individuals affiliated with the authorities, as well as a source of social tension. There is a lack of political will to restore order in this area. Assessment and development of a new package of proposals on land management and urban planning. Preparation of new specialized targeted programs and compliance of the general layouts of Kyiv with the effective laws on urban development.|
|Document and its status: Document and its status:
|5||Task: To promote implementation of new anticorruption legislation. Jointly with the KCC department for combating and preventing corruption, to develop an urban specialized anticorruption program.|
|Description: To prepare the assessment of the state of anticorruption policy and to describe the most significant corruption risks. To have the KCC working groups prepare a package of specific proposals on anticorruption policy in Kyiv. To adopt the specialized municipal targeted anticorruption program.
To monitor its implementation.
|Document and its status: To prepare the assessment of the state of anticorruption policy management in Kyiv and to develop a package of proposals (December 2014) based on the materials of the Open Society Foundation and RPR-Kyiv experts. To develop a specialized targeted anticorruption program and specific draft regulations (December – February 2015). – Developed, being discussed by experts.|
|6||Tasks: To formalize a list of services provided by the structural units of the KCSA and the DSA. To simplify the procedures and to reduce the number of administrative services provided by the KCSA and DSA through abolishing the resolutions of the city council, and the orders of the KCSA and DSA on the introduction of administrative services which:
• are not provided for by law;
• are redundant or duplicated by different authorities/agencies;
• are a stage in (a part of) provision of other administrative services.
Approval of the list of administrative services provided through the Centre of Administrative Services. Inclusion of as many services provided by the KCSA and the DSA to this list as possible.
To promote elimination of corruption schemes in the procedures of obtaining permits.
|Description: To promote inventory, assessment of redundancy, and the legality of administrative services; to form in the follow-up a unified list of administrative services provided by the KCSA and DSA, as well as the list of administrative services provided through the center of administrative services. To unify the services provided by the DSA with the engagement of experts; to develop technological cards of administrative services; to simplify the relevant procedures of providing administrative services, eliminating the elements of corruption such as services themselves or their components that are not provided for by the legislation; to make sure that the list is approved and published. To abolish the requirements for the applicants to provide information already submitted to the authorities in the past (a certificate of residence registration, etc.). To abolish a resolution, whereby the powers to provide administrative services are delegated to the municipal or private enterprises, institutions, and organizations.
To bring the structure of the KCSA in line with the requirements of Part 5 of Article 12 of the Law of Ukraine "On administrative services" and Part 10 of Article 5 of the Law of Ukraine "On licensing system in the sphere of economic activity", namely, to create a separate structural unit in the KCSA responsible for management and organization of the local centers of administrative services, etc.
|Document and its status: Draft resolution of the KCC "On changes in the structure of the executive body of the Kyiv City Council (KCSA)." Introducing the relevant proposals to provide proper funding in the city budget for 2015. - December 2014. Draft resolution of the KCC (an order of the KCSA) "On approving the list of administrative services provided by the centers of administrative services" - February 2015.
Draft resolution of the KCC (an order of the KCSA) “On abolishing administrative services (name of service)” – February 2015.
|7||Task: To identify and eliminate inconsistencies between the land management and the effective urban planning documentation. To develop proposals on how to eliminate corruption schemes.|
|Description: 1. To assess implementation of the effective general layout of Kyiv and the plan of land and economic structure of the capital.
2. To organize public hearings in each district of Kyiv on the necessity of updating the general layout for 2020 or adopting a general layout for 2025, encouraging the researchers and experts in urban planning and architecture to express alternative views to create a socio-economic, not a commercial model of the Ukrainian capital.
3. To engage public in the assessment of the general layout 2025 and the discussion of the development of Kyiv with the participation of representatives of Kyiv region in terms of determining the boundaries, locating the cemeteries, landfills, engineering structures, industrial facilities, etc to the benefit of the social and economic development of all areas of administrative units and the relevant budgets;
To engage the leading experts of the KNUCA departments and representatives of the National Union of Architects of Ukraine, geoengineers and urbanists, land surveyors and lawyers, to the establishment of an RPR working group to monitor and control the actions of the Kyiv authorities (the Kyiv City Council and the KCSA) in terms of compliance with urban planning and land legislation. To use a geospatial electronic monitoring system "UKRCAD” developed by Viktor Hleba to analyze implementation of the general layout of Kyiv and the land management in the capital.
To address the heads of district state administrations with a request to hold public hearings on urban development in each district in the capital and to identify the inconsistencies between the "new" general layout for 2025 and the interests of the district community; to identify the land plots for construction where the target purpose of the land was changed. In cooperation with the district community councils and activists of local self-defense units, self-organization bodies, garden and garage cooperatives, housing committees, and activists of the Euromaidan, to hold "Public discussion of the impact of the general layout of Kyiv on the development of a particular district."
To lobby the order of the KCSA to hold "public assessment of the general layout for 2025" and to participate in its organization.
|Document and its status: Draft resolution of the KCC "On public discussion of the Kyiv urban development general layout” – Developed (to be adopted by February 2015).|