Section 1. Monitoring of the implementation of recommendations on reform priorities for 2020-2021.
1. To review the Strategy on reforming the public administration of Ukraine for the period up to 2021 and to implement it in conjunction with the Concept of optimization of the system of central executive bodies.
Partially done
The preparation process of the new version of the Strategy for Public Administration Reform until 2025 has started in November 2020. Informative consultations were held with experts and stakeholders, and in February 2021 the first version of the draft Strategy and a set of indicators for event planning and evaluation of results were presented. Discussion of the project continues.
The key provisions in terms of civil service reform, administrative procedure and administrative services deserve commendation.
Threats
The draft Strategy sets out the key provisions for reforming the organization and activities of ministries only formally, without the aim of actually implementing them.
2. To eliminate the reasons for the partial implementation of the reform measures in the previous years and the failure to comply with the deadlines set out in the Toronto Principles in order to prevent non-compliance or breach with the 2020-2021 deadlines, strictly adhere to the principles of organization and operation of executive authorities as defined in the Toronto Principles.
Partially done
There is a progress in implementation of reforms in the areas of civil service, administrative procedure and administrative services.
Threats
The reform of the organization and activities of the Cabinet of Ministers and the CEB continues to take place in violation of the content of the reform and the set deadlines.
3. To consider the draft law on “On the Cabinet of Ministers of Ukraine and Central Executive Bodies” and submit it to Parliament.
Not done
The draft law "On the Cabinet of Ministers of Ukraine and Central Executive Bodies" has not been submitted to the Parliament yet.
Threats
Bill № 5469 "On Amendments to Certain Laws of Ukraine on the Organization of the Cabinet of Ministers of Ukraine and Central Executive Bodies", which was registered in the Parliament on May 5, 2021, is a significantly shortened and simplified "substitute" of the draft law "On the Cabinet of Ministers of Ukraine and Central Executive Bodies" and contains some serious shortcomings.
4. To demarcate the functions of state policy formation (ministries) and the functions of state policy implementation (other CEBs).
Partially done
Bill № 5469 "On Amendments to Certain Laws of Ukraine on the Organization of the Cabinet of Ministers of Ukraine and Central Executive Bodies" of May 5, 2021, is the first legislative step in this direction.
In addition, on February 9, 2021 bill № 5052 "On Amendments to Certain Legislative Acts of Ukraine Concerning Deprivation of Unusual Powers of the Cabinet of Ministers of Ukraine" was registered in the Parliament.
5. To create directorates in all ministries in accordance with all areas of public policy for which they are responsible.
Partially done
Directorates in the ministries (except for the Ministry of Environment, the Ministry of Sport, the Ministry of Strategic Industries) have been established.
Threats
Significant success has not been achieved yet. Directorates have not been established at all in three ministries (Ministry of Environment, the Ministry of Sport, the Ministry of Strategic Industries).
In four key ministries (Ministry of Justice, Ministry of Finance, Ministry of defence and Ministry of Foreign Affairs) 1-2 pilot directorates have been established, which do not cover all areas of responsibility of the ministry. Thus, the work of these ministries is not based on directorates, and therefore is not based on policy analysis.
Another problem in the Ministry of Digital Transformation is the creation of 15 directorates, two thirds of which are not related to the analysis and policy-making, which is the main task of directorates.
Other ministries have established directorates, but not all of them are engaged in their main purpose - policy-making. Most of them perform other functions that are given by higher ranking heads of ministries.
6. To agree on a plan for competitions to fill directorates among ministries to gradually staff them in the order of priority of the revised Strategy.
Partially done
Competitions for civil servants have been legally restored. There is no need to plan them.
7. To adopt the draft law "On Amendments to Certain Legislative Acts of Ukraine on Improving the Civil Service" of June 26, 2020 № 3748 and correct regulatory "errors" made in the Law on Civil Service in 2019, which undermined the stability and democracy of the Civil Service Institute.
Partially done
Bill № 3748 "On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of Civil Service" of June 26, 2020 was rejected by the Parliament on September 29, 2020.
The problem was solved by another bill. On February 23, 2021, after consideration of the proposals of the President of Ukraine, the Law of Ukraine № 1285-IX "On Amendments to Certain Laws of Ukraine Concerning the Resumption of Competitions for Civil Service Positions and Other Civil Service Issues" was adopted. In particular, it resumes competitions for civil service positions, the appointment of which was carried out under a contract for the period of quarantine caused by the coronavirus pandemic.
The infamous Article 871 of the Law of Ukraine “On Civil Service” was removed, which determined additional grounds for termination of civil service of category “A” officials at the initiative of the subject of appointment, and in fact gave the right to unjustified dismissal. The number of candidates for the position of the civil service submitted for consideration by the Commission on Senior Civil Service is reduced from 5 to 3.
Threats
The position of the President of Ukraine testifies to his attempt to retain unconstitutional influence on the appointment of ministers, while neglecting the defined list of powers defined for the President of Ukraine by the Constitution. Although this issue goes beyond the civil service, it still has a negative impact on the organization and activities of the Cabinet of Ministers and the CEB.
8. To continue to reform the Ukrainian School of Governance and the National Academy of Public Administration (hereinafter - NAPA) in order to improve the standards of education and to refocus education services with those of the European Union.
Partially done
The President of Ukraine by his Decree № 487/2020 "On streamlining the use of state property under the management of the State Administration" from November 5, 2020 transferred NAPA (together with Dnipropetrovsk, Lviv, Odessa, and Kharkiv regional institutes of public administration) to the sphere of management of the Ministry of Education and Science of Ukraine.
The renunciation of the NAPA status "under the President of Ukraine" can be assessed positively.
On February 24, 2021, the Government adopted order № 147-r "On some issues of reorganization of educational institutions", according to which NAPA under the President of Ukraine was affiliated with the Kyiv Taras Shevchenko National University, four regional institutes of NAPA - with universities in the respective cities.
Threats
This decision of the Cabinet of Ministers does not correspond to the experts' vision of reforming the system of training and retraining of civil servants. It reflects only the issue of property distribution, and does not change the training and retraining approaches.
There were no significant changes in the activities of the Ukrainian School of Governance.
9. To complete the decentralization of all administrative services.
Partially done
On April 29, 2021, on the MPs initiative, the Law of Ukraine № 1427-IX "On Amendments to Certain Laws of Ukraine Concerning Ensuring the Right of Citizens to Access State Registration of Civil Status Acts in Connection with the Consolidation of Territorial Communities" it was adopted. According to this law, the former cities of regional significance, i.e. enlarge territorial communities formed on their basis, have finally also received the authority to provide basic administrative services in the field of registry offices.
10. Facilitate the introduction of administrative services in the centers of administrative services (ASC). To facilitate introduction of administrative service centres (hereinafter - ASC)
Partially done
ASC are developing. Hundreds of new and modernized ASCs are being opened with the support of the U-LEAD with Europe Program. On November 3, 2020, the Law of Ukraine № 943-IX "On Amendments to Certain Legislative Acts of Ukraine Concerning the Optimization of the Network and Functioning of Administrative Service Centers and the Improvement of Access to Administrative Services Provided in Electronic Form" was adopted.
It provided the flexibility of local self-government bodies in organizing the work of the ASC, established a requirement for a mandatory list of services in the ASC, defined the stages of the creation of the ASC in communities.
The quality of the replacement of the District state administration ASC with the local self-government ASC is still difficult to assess, as the changes have been initiated only recently.
Threats
Experts often criticize the unconstructive position of the Ministry of Digital Transformation, which lacks effective communication with stakeholders and consideration of important proposals. For example, the state subvention for the development of ASC does not take into account the proposal to give priority to support the "old district centers" (for the effective replacement of District state administration ASCs, which are being liquidated); in the list of obligatory services for ASC the emphasis is being put on quantitative increase in 4 times, instead of priority attention to the most popular services; the position of the Ministry of Digital Transformation on the issue of delegating powers to local self-government bodies to provide basic administrative services is unconstructive.
11. To regulate the level of payment for administrative services by law.
Partially done
On November 16, 2020, bill № 4380 "On the administrative fee" submitted by the MPs was registered in the Parliament. It is supported by the Association of Amalgamated Territorial Communities and the Association of Ukrainian Cities. At the initial stages of development, it was supported by both the Ministry of Communities and Territories Development of Ukraine and the Ministry of Finance of Ukraine. On February 6, 2021, the bill № 4380 was included in the agenda of the Parliament. The Budget Committee gave it a positive opinion. No further action has been done since.
Threats
The issue of regulating the payment for administrative services remains problematic. The government does not support the bill № 4380 "On administrative fees", primarily due to the position of the Ministry of Digital Transformation. There are other partially alternative bills from drafted the Government (but they are not systemic for the administrative services sector and do not solve key problems in that area).
12. To finalize the Law on General Administrative Procedure.
Partially done
Active work was carried out on that issue. On May 14, 2020, the bill № 3475 "On administrative procedure" was registered in the Parliament. On September 2, 2020, it was adopted in the first reading.
The working group for its preparation completed its work in February 2021. On March 17, 2021, the table of amendments-2 was provided. On April 8, 2021, amendments to the table of amendments-2 and a positive opinion of the main committee were submitted. There is a positive conclusion of SIGMA.
Section 2. Main current challenges in the implementation of the reform (at the time of monitoring)
It is difficult for the government to reform its organization and activities, as well as the CEB system. There is no leadership of the Prime Minister in this reform. The political will to carry out one of the defining areas of reform - reform of the ministries (their analysis of public policy, strategic planning) is weak.
The Coordination Council for Public Administration Reform under the Cabinet of Ministers of Ukraine has no significant influence on the public administration reform.
Authorities do not always listen to public recommendations and suggestions.
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Section 3. Recommendations on reform priorities for 2021-2022 (next annual period, until URC 2022)
To adopt a new version of the Public Administration Reform Strategy of Ukraine for the period until 2025 and implement it together with the Concept of optimizing the system of central executive bodies.
To take into account the key provisions set out in the draft law “On the Cabinet of Ministers of Ukraine and Central Executive Bodies” in the the draft law(s) on amendments to the laws of Ukraine “On the Cabinet of Ministers of Ukraine” and “On Central Executive Bodies”. Or pass this law.
To adopt a new version of the CMU Regulations.
To continue the reform of the organization and activities of ministries aimed at the implementation by ministries of the functions of public policy analysis and strategic planning. To deprive ministries and other CEBs of powers that are not peculiar to them.
To establish directorates in ministries, based on their compliance with all areas of public policy for which ministries are responsible. Directorates should be in charge of shaping public policy, not the functions assigned to them by the heads of ministries. To review approaches to the formation of directorates in those ministries where they do not reflect the essence of the ministry reform.
To staff 100% of the ministry directorates with highly qualified personnel.
Continue to:
reform of remuneration of civil servants;
reform of professional training of civil servants (including the reform of the former NAPA, which is now attached to the Kyiv Taras Shevchenko National University, and the Ukrainian School of Governance);
introduce the Information System of Human Resources Management in the Civil Service (HRMCS).
To pass:
Law of Ukraine "On Administrative Procedure", amend related laws, and apply it in practice;
Law of Ukraine "On Administrative Fees".
To continue:
decentralization of basic administrative services;
development of ASC;
digitalization of administrative services.
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