Monitoring of the reforms progress based on the analysis of the implementation
of the recommendations of sectoral analytical brief for URC 2021
Рdepartment 1. Monitoring of the implementation of recommendations on reform priorities on period 2020–2021
1. To create the Humanitarian Policy Strategy of Ukraine for the formation of a single value field and a conscious vector of development for both the citizen and the state.
Intentions to prepare a humanitarian policy strategy have been repeatedly reported. Various materials are being collected in order to create a draft strategy, but currently there are no conceptual developments in this area. Execution is at an early stage.
2. To prepare a new version of the Law on Culture. In particular, priority should be given to the innovative activities in the cultural sphere, the conceptual foundations of decentralization of cultural policy (principles of functioning of the "cultural district"), to defining standards for the provision of cultural services to citizens guaranteed by the state, to defining the rates of deductions from budgets of different levels in support of cultural activities and objects of cultural heritage.
The Law of Ukraine “On Culture” regarding the standards of providing cultural services was amended. Thus, the concept of cultural services, minimum standards for providing the population with cultural services, monitoring and evaluation of the implementation of state cultural policy have been introduced. The concept of "center of cultural services" is introduced, priorities, principles and goals of the state cultural policy are defined.
The Committee on Budget of the Parliament recommended to adopt the amendments to Article 89 of the Budget Code on co-financing from the local budget of territorial communities for the establishment of centers of cultural services.
3. To introduce a model for standardization of state-guaranteed cultural services, as well as to ensure that this set of cultural services is properly funded in communities through intergovernmental transfers (so-called "cultural subvention"). Pay attention to the dissemination of inclusive products and the creation of inclusive cultural spaces.
The Concept of the reform of the financing of the system of providing the population with cultural services, which was developed by the Ministry of Culture and Information Policy of Ukraine (hereinafter - MCIP) was approved. The proposed reform model envisages, in particular, new mechanisms for financing cultural services provided by state and municipal cultural institutions, creation of conditions for the development of socio-cultural infrastructure, introduction of a project approach to financing projects in the field of culture, etc. However, adequate funding for community cultural services through intergovernmental transfers has not been ensured yet.
The budget for 2021 provides for a subvention of UAH 200 million from the state budget to local budgets for the establishment of cultural service centers at the expense of a special fund of the State Budget of Ukraine. It is obvious that such a meager amount of funds is not enough to ensure positive changes in the situation across the country. Therefore, the financing of cultural services in the regions will be done on a residual basis.
4. To improve the legislation on the protection of intellectual property rights needs by harmonizing it with European and international norms in this field. The goal can be achieved by adopting a new version of the Law on Copyright and Related Rights. In addition, to take steps to expedite the launch of the High Specialized Court on Intellectual Property.
In 2020, the Ministry of Economy published a draft of the relevant legislative act for public discussion, but the final version was not submitted to the Parliament. The organization of the functioning of the High Specialized Court on Intellectual Property is at an early stage.
The subjects of the legislative initiative submitted the Bill №4537 "On Amendments to Certain Laws of Ukraine on Improving and Transparency of Effective Management of Property Rights of Copyright Holders and (or) Related Rights ("), which worsens the level of protection of copyright and related right to the Parliament.
5. To ratify the Council of Europe Convention on cultural offenses, which are related to cultural values, signed by Ukraine in 2017.
The working group at the Ministry of Justice prepared the necessary package of documents at the end of 2019 and submitted them to the Office of the President of Ukraine. However, several attempts to promote the movement did not bring any results.
6. Revision of the salaries and introduction of new payment regulations and allowances. To provide material support to institutions and individual representatives of the cultural sphere through grant programs, including institutional ones
The need to revise salaries and introduce new pay standards is declared, but there is no real increase in wages. The vicious practice remains the same, when most of the expenditures in the field of culture are directed to current goals, in particular to the wages. At the same time, according to the State Statistics Service of Ukraine, the salaries of cultural workers are lower than the average salary per full-time employee.
At the institutional level, the problem of supporting institutions and individual representatives of the cultural sphere is partially solved with the help of grants from the Ukrainian Cultural Foundation.
7. To develop effective mechanisms for public-private partnership to support culture. To initiate the creation of a regulatory framework, secondary laws and guidelines for the application of mechanisms for such a partnership in the field of culture.
Support for public-private partnerships is only declared. At the same time, there are no public policy documents aimed at creating effective economic and social incentives for the development of such partnerships, including patronage.
8. Supporting the development of cultural and creative industries.
Work to support cultural and creative industries is underway. In particular, the Government approved the Procedure for the use of funds provided in the state budget for the establishment of centers of the creative economy. In the state budget for 2021 more than UAH 110 million are provided for the creation of the Centers. The Council for Support and Development of Creative Industries under the Cabinet of Ministers of Ukraine has been established, and international forums "Creative Ukraine" are being held.
However, there is still no single program document (strategy or state target program), which would have determined priorities of state policy in this area. The purpose of such a strategy (program) will be to recognize the priority of the development of cultural and creative industries as one of the areas of innovation policy aimed at supporting this industry and promotion of creative goods and services in domestic and foreign markets.
9. To nsure impartiality and transparency in the conduct of competitions (after their resumption) for the positions of heads of civil services and heads of cultural institutions.
Despite declarations of impartiality and transparency of competitions for management positions in cultural institutions, appointments are often accompanied by complaints and public criticism about violations of competition procedures.
The actions of the MCIP in this direction create risks to the effectiveness of personnel policy. Election of the head of the State Agency of Ukraine for Cinema, the executive director of the Ukrainian Cultural Foundation, the head of the Oleksandr Dovzhenko National Center, etc, may serve as the examples of such actions. As a result, we have received numerous public complaints about breaches of tender procedures.
10. To support the development of Ukrainian film and book production, as well as to finance the Ukrainian Cultural Fund
Decisions aimed at providing financial support to the cultural sphere were approved, in particular, the Decree of the President of Ukraine "On measures to support the cultural sphere, protection of cultural heritage, development of creative industries and tourism" of August 18, 2020 № 329, Law of Ukraine "On Amendments to the Tax Code of Ukraine on state support of culture, tourism and creative industries "of November 14, 2020 № 962-IX. The approved budget of the MCIP for 2021 is UAH 13.2 billion, but this amount does not change the unsatisfactory nature of financial support for culture. The current level of funding makes it possible to provide only minimal support for the functioning of cultural institutions.
Despite the approved decisions, there are currently no grounds to claim radical changes in the financing of culture, which would meet the needs of citizens and the requirements of sustainable social development. Citizens cannot fully meet their cultural needs. There is a threat of the spread of the so-called “cultural poverty” phenomenon.
11. While preparing the drafts of cultural bills, it is necessary to adopt a full cycle policy formulation approach, with the mandatory involvement of a wide range of stakeholders (including experts) to the process of drafting and discussion of such bills.
There is a public discussion of some normative documents, in particular draft laws, but this is happening at the stage when the document has already been developed. The practice of involving stakeholders at all stages of regulatory development, as required by the full policy cycle, is in most cases not implemented.
Section 2. The current major challenges in implementation of the reforms (at the time of monitoring)
The main risks in the implementation of cultural policy reforms lie in the lack of a systematic vision of these reforms and politicians' understanding that the cultural sphere forms the worldview of society.
The lack of a clear plan for reforms in the field of culture largely determines the fragmentary and unsystematic steps in this direction. The issue of developing an updated "Strategy for the Development of Ukrainian Culture" is on the agenda. The current version of the strategy was approved in 2016, so it needs substantive updates.
The attitude of politicians and the management establishment to culture as a non-priority area causes chronic budget underfunding and a weak regulatory framework, which complicates the development of modern forms of cultural activity.
The problems of ensuring human resources in the field of culture are serious. Inadequate personnel policy creates risks of losing the institutional capacity of government and cultural institutions.
Cultural workers belong to one of the lowest paid categories of workers in Ukraine, which has a negative impact on social prestige. The issue of attracting talented young people to work in the field of culture is acute.
Section 3. Recommendations on reform priorities for 2021-2022 (next annual period, until URC 2022)
To increase attention to the development of culture in a decentralized environment. In particular, it is time to prepare the information resource of the basic network of functioning local cultural institutions, to ensure adequate financing of the population with cultural services, to introduce mechanisms for assessing the quality of cultural services.
Creation of a single state register of immovable cultural heritage sites, introduction of effective electronic accounting of immovable cultural heritage. Public discussion of the state of implementation of electronic accounting in the pilot regions with the involvement of a wide range of stakeholders.
Purposeful work on strengthening the institutional capacity of cultural heritage protection bodies. To do this, first of all, the formation of the State Service for the Protection of Cultural Heritage of Ukraine and the State Inspectorate for Cultural Heritage of Ukraine should be completed and transparent competitions for the heads and staff of these institutions should be held.
Creating a legal framework for the formation of a mechanism of public-private partnership in the management of cultural heritage sites and support for cultural projects. At the time of approval of a separate law on patronage (philanthropic activities) in the field of culture
Adoption of a new version of the Law of Ukraine "On Copyright and Related Rights". Ensuring the functioning of the High Specialized Court on Intellectual Property.
In the next year, the priority areas should be:
Preservation from destruction and development of the infrastructure of the basic network of cultural institutions, which needs significant material and technical renewal and increased financial support.
Preventing the spread of the so-called “cultural poverty” phenomenon, the essence of which lies in the inaccessibility of cultural services and creative practices to the general population due to socio-economic barriers.
Implementation of the Decree of the President of Ukraine "On measures to support culture, protection of cultural heritage, development of creative industries and tourism" of August 18, 2020 № 329, which provides for a wide range of measures aimed at strengthening the development of culture. This will make it possible to compensate for the serious losses of the cultural sphere due to the application of quarantine restrictions that were introduced during 2020-2021.