Parliamentary reform Parliamentary reform

monitoring

Monitoring of the reforms progress based on the analysis of the implementation of the recommendations of sectoral analytical brief for URC 2021

Section 1. Monitoring of the implementation of recommendations on reform priorities for 2020-2021
1. To harmonize the Parliamentary Rules with the Constitution of Ukraine. In particular, the selection of candidates for the position of judges of the Constitutional Court of Ukraine, regulation of the status of the coalition, as well as the mechanisms of its formation and numbers estimation, etc.
Not done
Adoption of the law "On renewal of certain provisions of the Constitution of Ukraine"in 2014 was not supported by amendments to the Rules of Procedure of the Parliament. At the beginning of the ninth convocation, several bills aimed at solving this problem were registered. Among those, is the draft law №1045 and its alternative №1045-1 (which took into account the shortcomings of the main draft). 

Although the main committee recommended the alternative draft to be adopted as a basis and as a whole, the Parliament did not consider the document. Bills №1038 and №1038-1, which also deal with this issue, are also registered but not considered. The issue of implementation of this recommendation is not discussed, so the probability of its implementation is quite low.
2. To revise the Roadmap for internal reform of the Parliament in order to revise recommendations that have become obsolete or of doubtful relevance in the context of the domestic parliamentary practices.
Not done
Over the 5 years of the Reforms Roadmap (developed by the European Parliament's Evaluation Mission), much of the recommendations have lost relevance both at the technical level and at the priority level on the agenda. However, the authorities did not initiate a revision of the Roadmap. Some stakeholders even consider the Reforms Roadmap to concern only 8th convocations of the Parliament.
Threats
The majority of members of the parliamentary majority have their own vision of parliamentary reform. It is formed by the President of Ukraine and manifests itself in such initiatives as the introduction of the declarative legislative initiative of the people (Bill № 1015), reduction of the constitutional composition of the Parliament to 300 deputies (Bill № 1017), abolition of parliamentary immunity (amendments to the Constitution of Ukraine adopted on September 3, 2019 ), increasing the grounds for early termination of the powers of the MP (Bill № 1027). This vision of parliamentary reform has little to do with improving the quality of the legislative process.
3. To approve the concept of the “end-to-end” legislative process, which should be agreed between all subjects of the legislative process and correlate with the ongoing reform of public administration.
Not done
Reforms of the Parliament follow a different logic, this concept is not discussed, bills for its implementation are not developed. The only bill aimed at its implementation (№ 2034 from 03.09.2019) was withdrawn from consideration on September 1, 2020.
4. To develop and adopt laws aimed at institutional strengthening of the supervisory function of the Parliament.
Partially done
On December 3, 2020, the bill № 4131 (on ensuring the effective implementation of parliamentary control) became a law. The adopted bill detailed the reporting procedure, but these changes cannot be considered as a comprehensive improvement of the control function of the parliament.. There was also no unification of the form and structure of reports. It is important that this bill does not create the feeling among the MPs that the strengthening of the control function of the parliament has already taken place and it is not necessary to continue working in this direction.
5. To adopt the Law on Regulatory Acts in order to ensure effective division of the sphere of regulation of laws and secondary laws, as well as to establish uniform rules for drafting laws, their harmonization between the interested entities, the procedure for interaction of subjects of legislative activity, as well as entry the laws into force, and their monitoring and implementation evaluation.
Partially done
On 25 June 2021, 195 MPs headed by the First Deputy Speaker of the Parliament Ruslan Stefanchuk registered a draft law on law-making activities № 5707. It aims to regulate activities related to planning, development, adoption (publication), application of regulations and legal monitoring. Potentially, it can help to systematize legislation, improve its quality and the law-making process in general.
6. To develop and approve the Code of MPs’ Ethics, taking into account the international standards of activity of the MPs.
Not done
Declarations about the need to develop of a Code of MPs Ethics in various formats (mandatory or intra-factional) are made from time to time by the representatives of the majority. The bills regulating issues that could be part of the Code of Ethics are adopted(draft law №2203) and registered (draft laws №2559 and №5005). Nevertheless, discussions and individual initiatives do not reach the status of a registered bill.
7. To adopt the Law " On Peculiarities of Civil Service in the Apparatus of the Parliament".
Partially done
The draft law № 4530 of January 28, 2021 was adopted in the first reading. This bill concerns the implementation of many recommendation of the Reform Roadmap. In particular, these include recommendation number 38, 40, 41. At the same time, the issues of MPs’ assistants (recommendations number 42 and 43 of the Roadmap) are almost unresolved by this bill.
8. To organize the process of elaborating on comprehensive amendments to the Constitution of Ukraine in the Parliament with the involvement of a wide range of stakeholders in order to enhance the role of Parliament and to resolve existing internal problems arising from the provisions of the Constitution of Ukraine: a) change the rules of voting for the laws by a simple majority in the presence of a certain quorum; b) limit the individual right of legislative initiative of the MPs; c) abolish the imperative mandate.
Partially done
This recommendation is closely related to the concept of the “end-to-end” legislative process. Measures to reform the parliament do not concern the implementation of this recommendation. There are currently no discussions on this topic on official platforms, and the probability of implementing this recommendation in the near future is quite low.

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Section 2. The current major challenges in implementing the reform.

The main challenge for parliamentary reform is replacement of steps aiming at improvement the quality of the legislative process with steps that are popular from an electoral point of view. Such popular steps can bring short-term dividends in the form of a temporary rating increase. However, in the long run they will not solve the problems of the legislative process. Legislative spam (not in the form of a large number of amendments, but in the form of a large number of low-quality bills), unbalanced laws, their low quality, ineffective control over the executive branch cannot be resolved by reducing the number of deputies or abolishing parliamentary immunity.


Such substitution reduces the number of discussions on important reforms, including the recommendations of the Reforms Roadmap. As a result, important reforms are not on the political agenda and are not implemented.


Another related challenge is the problem of planning. If there is a plan to "reform the parliament", it is based on the President's electoral promises. The purpose of electoral promises is to win elections, they are based on electoral logic, not on the needs of the parliament. This also applies to the issue of updating the Reforms Roadmap. Qualitative reform begins with identifying problems and needs, followed by the creation of a reform plan. Such a process should lead to an update of the Reforms Roadmap.


The existence of a parliamentary majority of one party is a challenge. This situation is unusual for neither Ukrainian nor world realities. It is a challenge because a one-party coalition does not need to develop either the institution of building an inter-party (inter-factional dialogue) or a dialogue with the opposition. At the same time, there is a growing temptation to settle the status of the opposition in a way that is convenient for the coalition, or to postpone this settlement for a long time. Actually, judging by statements the Parliament leadership, the law "On Opposition" will not emerge in the near future.


Delay the process of transition to electronic document management creates a challenge for the administrative capacity of the Parliament. The passing of Bill №4586 extended the simultaneous existence of electronic and paper documents. Inhibiting this process can also negatively affect the tools of electronic interaction between citizens and parliament (for example, electronic discussion of bills).

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Section 3. Recommendations on reform priorities for 2021-2022 (next annual period, until URC 2022)

No recommendations of the previous period have been fully implemented, so these recommendations remain relevant.


  1. To harmonize the Parliamentary Rules with the Constitution of Ukraine. In particular, the selection of candidates for the position of judges of the Constitutional Court of Ukraine, regulation of the status of the coalition, as well as the mechanisms of its formation and numbers estimation, etc.

  2. To revise the Roadmap for internal reform of the Parliament in order to revise recommendations that have become obsolete or of doubtful relevance in the context of the domestic parliamentary practices.

  3. To approve the concept of the “end-to-end” legislative process, which should be agreed between all subjects of the legislative process and correlate with the ongoing reform of public administration.

  4. To develop and adopt laws aimed at institutional strengthening of the supervisory function of the Parliament, in particular on unification of the format and structure of annual reports of ministries, development and approval of annual work plans for supervision of the executive branch by parliamentary committees, achieving a clear balance between committees and ministries, establishing the practice of "Post-legislative scrutiny".

  1. To adopt the Law on Regulatory Acts in order to ensure effective division of the sphere of regulation of laws and secondary laws, as well as to establish uniform rules for drafting laws, their harmonization between the interested entities, the procedure for interaction of subjects of legislative activity, as well as entry the laws into force, and their monitoring and implementation evaluation.

  2. To develop and approve the Code of MPs’ Ethics, taking into account the international standards of activity of the MPs.

  3. To adopt the Law " On Peculiarities of Civil Service in the Apparatus of the Parliament".

  4. To organize the process of elaborating on comprehensive amendments to the Constitution of Ukraine in the Parliament with the involvement of a wide range of stakeholders in order to enhance the role of Parliament and to resolve existing internal problems arising from the provisions of the Constitution of Ukraine: a) change the rules of voting for the laws by a simple majority in the presence of a certain quorum; b) limit the individual right of legislative initiative of the MPs; c) abolish the imperative mandate.

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Parliamentary reform

Parliamentary reform

Sectoral brief “Parliamentary reform”

Monitoring methodology

Date of monitoring:

30.06.2021

Status of implementation of recommendations:

Recommendations in total: 8
Done - 0 (0%)
Partially done - 4 (50%)
Not done - 4 (50%)
Threats - 1 (13%)
Authors:
Oleksandr Zaslavsky
Director of the Analytical Division,
Agency for Legislative Initiatives
Svitlana Matviienko
Head of the Board,
Agency for Legislative Initiatives
Reviewers:
Yuliia Kyrychenko
Member of the Board,
Centre of Policy and Legal Reform