1. Preventing the constitutional amendment issues behind the closed doors exclusively within temporary political interests in Ukraine; establishing the civil dialogue between the government and public experts.
2. Engagement of the active civil society (i.e. public experts) into the constitutional process issues.
In foreseeable perspective, we expect the constitutional amendment process to be introduced within the democratic procedures paradigm, including constitutional amendments concept development, wide national expert discussion, publication both green and white papers on constitutional reform, and as an outcome, producing the draft law(s) on introducing amendments to the Constitution of Ukraine within the public interest and strictly in compliance with the established constitutional amending procedure.
International Foundation for Elecoral Systems (IFES)
1) Revision of a new democratic Referendum legislation consistent with international standards and carrying out advocacy campaign for its adoption (revision and promotion of the Draft Law № 2145-a (in the previous Parliament convocation) );
2) Carrying out informational and educational campaign to increase citizens’ awareness of the status of referendum legislation.
The goal of the project is to facilitate the effectiveness and efficiency of the State Bureau of Investigation (SBI) – the leading investigative agency designed to combat crimes committed by high-ranked public servants and law enforcement officers – through the assessment of SBI's bureaucracy, as well as the internal and external threats for SBI's independence. The assessment is both backward-looking as it evaluates prior performance and forward-looking as it provides recommendations for the improvement. The assessment sought to provide an independent, objective, non-partisan, professional evaluation of the SBI.
To support the development of the HACC and administration of justice by it in criminal proceedings on corruption crimes.
Public monitoring of the process of institutional and organizational development of the High Anti-Corruption Court, identifying and consolidation of the problems associated with this process.
Public monitoring of the administration of justice by the High Anti-Corruption Court in criminal proceedings on corruption crimes, defining problems and typical mistakes in such activities of the Court.
Informational, scientific, methodological, and other support to the proper development of the High Anti-Corruption Court and its activities in the administration of justice.
Permanent informing of the stakeholders and society about the institutional and organizational development of the HACC and the problems it faces with the administration of justice.
The suggested project continues activities which were implemented in 2018-2019 as a part of the CPLR’s project “Strengthening the Role of Civil Society in Facilitating Democratic Reforms and Increasing Accountability, Responsibility, and Quality of Government” supported by the European Commission. Research on the new district (raion or povit) division was conducted for 5 oblasts of Ukraine.
The project intends to conduct similar research for other 19 oblasts of Ukraine according to already developed methodology and to provide the Government with the justified proposal of new district (raion or povit) division of oblasts. Project outputs will be used by the Government for further implementation of the local self-government reform.
The objective of the project is to support the implementation of recommendations of Chapter 10 of the working document through independent monitoring and development of efficient recommendations for their achievement by 2020 as well as restoration of public trust in the judiciary.
Short-term outcome: communication of the state of implementation of recommendations of the joint working document “Eastern Partnership - 20 Deliverables for 2020: Focusing on Key Priorities and Tangible Results” in Ukraine, Georgia, and Moldova. Development of the action plan on efficient implementation of recommendations of the working document, development of suggestions on plans for the next 5 years.
Long-term outcome: support to the restoration of trust in the judiciary through the establishment of the independent judiciary in Ukraine, Georgia, and Moldova.
a) interviews/focus groups with NABU detectives, SAPO prosecutors;
b) survey among HACC judges;
c) report with recommendations for future trainings, taking into consideration the HACC Appellate Chamber specifics and non-judicial background of some HACC judges.
2. Training materials for 4 day-training, including at least 1 case-study per a training day.
3. 4-day corruption-related crime and criminal procedure training.
Embassy of Kingdom of the Netherlands (Matra Project)
The project focuses on strengthening the courts in the Western part of Ukraine. The project intends to work with at least two pilot courts in the Lviv region, at least one court in the Ternopil region and at least one court in the Ivano-Frankivsk region. The main idea is to fortify the position of these courts as a service provider and to bring them closer to the people.
-to increase awareness of the civil society, including law society, about the disciplinary practice towards prosecutors, based on the results of the first year of the activity of Qualification and Disciplinary Commission of Prosecutors.
-and to improve the work of QDCP through facilitation of normative regulation of its disciplinary practice.
The tasks of the project are:
-to conduct analysis (research) of disciplinary decisions of the Qualification and Disciplinary Commission of Prosecutors; analysis of conditions and resources possessed by QDCP for effective consideration of disciplinary proceedings and for providing objective decisions; formulation of relevant qualitative and quantitative assessments of the decisions of QDCP, and providing recommendations to improve the implementation by the Commission of this function, in particular, necessary amendments to the legislation;
-preparation of the report on practice of the Qualification and Disciplinary Commission of Prosecutors; presentation, discussion, and distribution of the main findings of the research.
Comprehensive assessment of effectiveness of state anti-corruption policy in 2017 (as Alternative/Shadow report). Developing recommendations for improving all components of the anti-corruption policy in the near future, and informing a wide range of stakeholders.
In Ukraine political finance reform has entered the most challenging stage, that targets transition from de jure status to ensuring real transparency.
The Project is aimed at supporting efficient implementation of the reform and increasing party finance transparency through
1) analysis of political parties reporting compliance with anti-corruption legislation and verification of parties’ financial reports;
2) integral monitoring of the effectiveness of the institutions in charge of political finance reform implementation and party finance control;
3) assistance to state policy on transparency and accountability of parties finance;
4) rising public awareness on party finances as a criteria of electoral choice.
The Project targets the following groups:
1) political parties, their vendors and donors;
2) NAPC, the Accounting Chamber of Ukraine, the Central Election Commission, district and territorial election commissions, the Ministry of Justice of Ukraine, the National Police of Ukraine and courts;
4) activists and journalists;
The Project will be implemented at national and regional levels. Activities will be piloted in 5 regions: Lviv, Kyiv, Kharkiv, Odesa and Dnipro.
The Project will be delivered by Center UA and the Center for Political and Legal Reforms, leading NGOs in party finance monitoring and anti-corruption advocacy.
The roundtable «Semi-Presidentialism and Inclusive Governance in Ukraine – Reflections for Constitutional Reform» is planned to be a collaboration between International IDEA, CPLR and RADA project.
The proposed roundtable discussion, planned to take place in April 2018, will mark the public launch of the policy paper «Semi-Presidentialism and Inclusive Governance in Ukraine – Reflections for Constitutional Reform» and will bring together experts and practioners to discuss the key constraints and constitutional design options presented in the report.
1) Monitoring the implementation of the new constitutional appeal practice in the new version of the Law «On Constitutional Court of Ukraine».
2) Conducting an information campaign to increase the public awareness of the new practice of constitutional appeal.
The first area of activities is intended to monitor implementation of the new constitutional right of individuals, primarily Ukrainian citizens, to defending their rights through filing constitutional appeals.
As part of the monitoring, the following activities are planned:
• Developing methodology for monitoring implementation of the new constitutional appeal practice;
• Expert review of the constitutional provisions implementation regarding constitutional appeal under the new version of Law «On Constitutional Court of Ukraine», Rules of Procedure of the Constitutional Court of Ukraine, and other laws and by-laws;
• Assessment of constitutional appeals in terms of reasonability and legality, with a view to identify most common mistakes in constitutional appeals making;
• Monitoring CCU’s Secretariat activity in terms of constitutional appeals:
• Monitoring CCU’s review of constitutional appeals (including the activities of the prospective CCU’s Penals, which will be empowered to institute or decline judicial proceedings upon constitutional appeals) with a view to identify drawbacks in implementing new authority by the Constitutional Court;
• Statistical analysis of the number of constitutional appeals filed, the percentage of proceedings opened by the Constitutional Court upon the appeals filed, the percentage of decisions to allow the appeal, etc.;
• Analysis of the Constitutional Court’s of Ukraine case law (when considering constitutional appeals);
• Monitor review of cases by courts of general jurisdiction following CCU’s adjudication;
• Preparation of the Monitoring Report based on the results of monitoring the implementation of the new constitutional appeal practice in terms of detecting implementation problems;
• Preparation of Methodological Guidelines on preparation and filing constitutional appeals to the Constitutional Court.
Based on the monitoring findings, the project plans to present the monitoring results (press conference) and conduct professional discussion at a round table involving Justices of the Constitutional Court of Ukraine and the Secretariat staff. The Monitoring Report, including the Methodological Guidelines, will be further disseminated among the target groups (Parliamentary Committee for Legal Policy and Justice; Parliamentary Committee for Human Rights, National Minorities and International Relations; Constitutional Court of Ukraine; the Commissioner of Verkhovna Rada of Ukraine for Human Rights; human rights coalitions and organizations; civil society organizations and their coalitions involved in judicial reform) via electronic communications that minimizes the use of printed materials. Printed materials will be used exclusively as handouts during events.
As part of the second area of activities, it is planned to:
• increase public awareness (vulnerable groups in particular) of the new practice of constitutional appeal;
• provide information and advisory support to human rights organizations on drafting and filing constitutional appeals;
Based on the monitoring results, the Methodological Guidelines on preparation and filing constitutional appeals to the Constitutional Court will be developed. These recommendations will help protect the rights of citizens, since the constitutional appeal practice is new and confusing to many people, and therefore will require extensive outreach activity.
The Guidelines on preparation and filing constitutional appeals to the Constitutional Court will be disseminated via:
• human rights organizations;
• centers and offices for legal aid;
• NGOs that integrate or deal with poor and vulnerable people;
• Parliament Commissioner for Human Rights.
The Guidelines are also planned to be printed in Braille for visually impaired persons. The Guidelines will be sent out to organizations that assist people with visual disabilities (for example, Ukrainian Association of the Blind). Providing Guidelines on preparation and filing constitutional appeals to such organizations and institutions will contribute to the practical implementation of the right to file a constitutional appeal and will facilitate the protection of rights of persons with visual disabilities.
In addition, the Guidelines for preparation and filing constitutional appeals to the Constitutional Court will be sent out to the offices and centers for legal aid. Unprotected people, especially the poor ones, apply to centers for primary and secondary legal aid to obtain information and assistance in protecting their rights. The availability of the Guidelines in these centers and offices will facilitate the practical implementation of the right to file a constitutional appeal.
As part of the project, a workshop training will be conducted for representatives of human rights and civil society organizations (20 participants) on how to draft and submit constitutional appeals to the Constitutional Court. Since it is such organizations that help protect the citizens rights, it is important to train their representatives to perform further qualified work related to the new judicial practice of protection of citizens’ rights.
The purpose of the sub-award is to increase citizen engagement in civic activities at the national, subnational, and local level; to build a national hub-based CSO coalition and to strengthen CPLR’s organizational capacity; to strengthen the capacity of CSOs in all regions of Ukraine to influence the state and local self-governance to accelerate reforms.
The objectives of the sub-award are:
· To build sustainable links and exchange experience between CSOs, local activists, authorities, and journalists.
· To consolidate civil society efforts, sharing the best practices among CSOs.
· To increase the number of citizens aware of civic activism in promoting democratic reforms.
Major Activities to be Funded within the Sub-award
· To conduct a strategic session to develop CPLR’s strategy for 2018-2020 that would include long-term activity goals and measurable indicators of their achievement and a plan for expansion of target groups and deepening cooperation with them.
· To establish representative offices in 5 hub cities (Kyiv, Lviv, Odesa, Kharkiv, and Dnipro), with potential for expansion into neighboring regions.
· To conduct joint trainings with regional CSOs and government authorities. CPLR will facilitate communications between the government bodies and key stakeholders (as represented by regional CSOs) on matters related to interpretation of reform processes and the entire policy analysis cycle.
· To conduct communication and educational campaigns in target regions via CPLR’s representative offices to support democratic reforms.
· An influential network of CSOs established throughout Ukraine at the regional and local levels, which could influence local and central authorities.
· Regional CSOs increased their expert capacities in the areas of citizen self-organization, facilitating local self-governance development.
· Monitoring the state’s implementation of prosecutorial and judicial reforms, providing anti-corruption expertise, and monitoring the constitutionality of government actions.
· Increased number of citizens engaged in civic activism.
· Enhanced CPLR capacities to promote reforms through influencing the government by regional CSOs and activists, increasing the expert capacity in these areas.
· Improved communication among regional CSOs and government authorities.
A project impact will be appreciated as a consolidation of civil society role in state reforming, improving a public discourse between civil society and public authorities. It is anticipated that civil society in general and nongovernment organizations in particular will be more informed, powerful and influential. Government will be more effective, transparent and accountable. It will grow public degree of confidence in authority and exactingness. Level of corruption will decrease.
To achieve an expected impact it’s necessary to use a complex approach to state reforming problems and engagement with civil society toward this process.
The main objective of the project is to promote the concept of strategic management in public sector in V4 countries and Ukraine through trainings for public managers, dissemination of study materials, and conducting case-studies.
International Institute for Democracy and Electoral Assistance (IDEA)
Expert assistance in developing Report on Comparative Constitutional Design of Semi-presidential Systems: Reflections for Ukraine.
Discussion on issues related to the role of the executive, distribution of powers between the President and the Prime Minister, their relationships with the legislature, and other issues of the constitutional design of semi-presidentialism in Ukraine.
FCO (Foreign and Commonwealth Office) Strategic Programme Fund and Bilateral Programme Fund
The main goal is to provide expert assistance to the Secretariat of the Cabinet of Ministers of Ukraine in reorganizing ministerial apparatus in line with Strategy of Public Administration Reform and European standards of public administration leading to new quality of ministries’ work. In particular, the project will assist in carrying out a functional analysis of 8 pilot ministries and will produce recommendations on their restructuring.
Methodology on analysis of tasks, functions and structures of ministries based on foreign experience of ministries’ reorganization developed.
Analysis of tasks, functions and structures of 8 pilot ministries performed.
Proposals and recommendations on reforming pilot ministries developed and presented to the Cabinet of Ministers.
The overall objective is to optimize the services and improve the performance of Centers for Administrative Services and Social Protection Centers by introducing new forms and best practices of organizational management, client relations and external coordination to the staff of these institutions.
1. Participants of the regional conference are informed and some are willing to take part in the series of trainings to improve the situation.
2. Local authorities understand the challenges and are willing to work to address them.
3. Preparation of an in-depth training programme by the international and local experts.
4. As a result of the gained knowledge, the local population receives comprehensive and better quality services, the CAS and SPC save valuable resources through new forms of organizational and individual work time management.
Under the scope of the project it was conucted a conference 'Development of Administration Service Centres, integration of social services anh help internally displaced persons' and 6 practical courses in Kharkiv city 'Collaboration between Administration Service Centres and Labour Departments and social protection for the public for upgrading of public services'.
This project is being implemented with the goal of increasing the degree of lawfulness and transparency in political finance in Ukraine. To achieve this objective, the following tasks are proposed to be implemented:
1. To ensure high level of independent and objective civic control over activities of the National Agency for Prevention of Corruption (NAPC) in relation to ensuring lawfulness and transparency in political finance.
2. To increase the level of awareness among the public and the representatives of political parties and government bodies (primarily the National Anti-Corruption Bureau, the Special Anti-Corruption Prosecutor, and the relevant Parliamentary Committee) with respect to efficiency, comprehensiveness, quality, and effectiveness of performance of NAPC functions in relation to ensuring lawfulness and transparency in political finance.
3. To increase the effectiveness of NAPC activities in relation to ensuring lawfulness and transparency in political finance.
Drafting the scientific and practical commentary to the Law “On Civil Service” that is primary oriented on practical workers – civil servants (especially on managers of civil service in authorities and managers of workforce management services) and also on academics, professors, students, civil activists and all the persons that are interested in problematic issues of civil service and the new Law.
Issuance of the scientific and practical commentary to the Law “On Civil Service” (1000 copies).
firstly, to strengthen the capacity of the civil society in trial monitoring and,
secondly, to analyse monitoring findings in light of applicable international fair trial standards, identify gaps in the domestic framework that cause or contribute to lack of compliance with relevant international norms and draft recommendations to address these gaps.
1.Trial monitoring training for future monitors
-a training programme based on PCU’s trial monitoring methodology for Ukrainian NGOs and on ODIHR’s trial monitoring manual is developed;
Comprehensive assessment of effectiveness of state anti-corruption policy in 2016 (as Alternative/Shadow report). Developing recommendations for improving all components of the anti-corruption policy in the near future, and informing a wide range of stakeholders.
To establish democratic legislation about national referendums holding
1. Recognizing the Law 'About all-Ukrainian referendum' as unconstitutional
2. Adoption the Law 'About all-Ukrainian referendum' in new version of the law, according to European standards.
J.Kyrychenko - project head manager, expert
I.Koliushko - expert
B.Bondarenko - junior expert
As a rezult of the project an awareness campaign on the referendum's problems was held for civil society; research articles were written; a book was published. The CPLR experts' press statements are shown in mainstream media of Ukraine. Within the awareness campaign there was organized 1 national forum; 1 Announcement from 20 NGOs with appeal to the higher bodies of state authority; the roundtable discussions were held in 3 regions of Ukraine and brain-rings were run in 3 regions also; infographics about all threats of the latest law on national referendum were issued.
Monitoring the implementation of the Law of Ukraine ‘On amending certain legislative acts of Ukraine relating to preventing and countering political corruption” of October 8, 2015 (hereinafter “the Law”) according to methodology developed by the Council of Europe.
1. Carrying out the monitoring of the implementation of the Law
The monitoring will be carried out according to a methodology developed by the Council of Europe and will cover the period starting from the effective date of the relevant provisions of the Law of Ukraine No. 731-VIII “On amending certain legislative acts of Ukraine relating to preventing and countering political corruption” of October 8, 2015 (hereinafter “the Law”) through December 1, 2016.
Objective 1: Exercise civic control over the implementation of the Law by the relevant government authorities (notably, the National Agency for Prevention of Corruption, the Central Elections Commission, and the Cabinet of Ministers of Ukraine), as well as by the main political parties.
Objective 2: Evaluating the processes relating to the implementation of the Law in the following areas:
Level of political parties’ readiness to implement the new political financing legislation.
Comprehensiveness of the current political financing legal framework.
Reporting burden for political parties pursuant to changes to the Law on Political Parties.
Diligence and quality of reporting by political parties.
Capacity of oversight bodies, with special focus on the National Agency for Prevention of Corruption.
Cooperation in the area of political financing oversight.
Implementation of sanctions for violations of political financing legislation.
Thus, this stage of project implementation is aimed at exercising quality civic control over both the compliance with the Law by the main political parties and the implementation of the Law’s provisions by relevant government authorities (notably, the National Agency for Prevention of Corruption, the Central Elections Commission, and the Cabinet of Ministers of Ukraine).
2. Conducting an information campaign to increase the public awareness of the Law’s provisions and their practical implementation
Monitoring report on implementation of the Law “On Amending Certain Legislative Acts of Ukraine Relating to Preventing and Countering Political Corruption”
Embassy of Kingdom of the Netherlands (Matra Project)
To provide civic activists from large cities with necessary knowledge on how to influence the central government to speed up the reforms and to directly address the issues of reforms at the local level to the extent, which is granted within the legislation. The project should also play a catalyst role for their activation and cohesion.
Results (1st year)
The CPLR was able to bring together a range of CSOs from all over Ukraine, involving more than 120 local CSOs from 25 regions of Ukraine, as well as to conduct trainings for them (171 activists participated), hold a subgrant competition, and provide methodological and expert support to local CSOs. Based on the result of the subgrant competition, the 10 most interesting projects (out of 41 applications) from all regions of Ukraine were selected in the following areas: developing and improving citizens’ self-organization, promoting reform of local self-governance, developing the system of providing administrative services, establishing the new police and reforming the state inspection bodies, monitoring the implementation of prosecutorial and judicial reforms, and conducting anti-corruption expert evaluations of decisions of local self-governance and local executive bodies.
The project is administered by Volyn Regional State Administration. Total project budget: 1 077 599 euro.
CPLR takes part in the project as associate partner.
Formation of model of typical CASDs for small inhabited localities and united communities in the context of decentralization of powers (using examles of Volyn, Lviv and Rivne regions) by introducing and disseminating the best practices of good governance.
creation of 14 exemplary CASDs in Volyn, Lviv and Rivne regions – implementation of e-technologies for providing administrative services in Volyn, Lviv and Rivne CASDs;
qualitative and effective administrative services delivering in created CASDs through experience exchange.
Encreased quality and comfort of services delivered in CASDs;
twice reduced time for taking documents from clients;
provided possibility to receive administrative services in electronic way;
increased awareness of inhabitants about administrative services;
improved efficiency of administrative services provision through raising professional level of CASDs’ employees;
reduced quantity of claims about CASDs’ work;
provided transparency of the administrative services provision process to the citizens.
The lack of a Constitution that enjoys respect and authoritativeness among the society.
The existing Constitution of Ukraine is extremely weak and does not fulfill its role of the country’s Basic Law. Ukraine’s citizens do not believe in the effectiveness of the Constitution, while the government is inclined to violate the Basic Law. The reasons for this have been as follows: 1) violations of the procedure for amending the Constitution of Ukraine by the government (in 2004, 2010, and 2014); 2) inability of the Constitutional Court to protect the Constitution of Ukraine; and 3) civil society’s armed resistance (the Revolution of Dignity) to usurpation of power, demanding a change in government. A new stage in the constitutional development in Ukraine is currently being launched. A required element of successful constitutional reform process is informing the public and engaging independent experts, civic activists, and active students in the process of designing new constitutional norms. At present, there is a lack of openness in the constitutional reform process, inadequate public information on the constitutional processes and the anticipated constitutional changes, and insufficient understanding of the Constitution's role in a society. Additionally, reciprocal feedback mechanisms for civil society to inform the government of necessary constitutional changes in society’s interests have not been developed.
Civil society would not only to participate in the drafting process, delegating experts to committee hearings and commenting on policy proposals, but would also need to monitor the process, periodically publishing reviews that measure what has been and has not been achieved in terms of constitutional reform.
Civil society need to take the lead in the task of widely informing the public and create a real public demand for constitutional changes in society at large, explaining why constitutional changes are needed.
In this regard, within this project we launch an information campaign aimed at objective public outreach on the promotion of constitutional reform and raising the prestige of the Constitution of Ukraine in the society.
Strengthening the role of the civil society in the constitution building process through the creation of demand for constitutional changes in favour of the interests of society.
to hold information campaign at the national level about constitution building process;
to conduct educational campaign in the selected regions on the constitutional changes and constitution building process;
to consolidate position of the expert's community on the balance of powers and to coordinate of the activities with the other civil society organizations in Ukraine focusing on the constitution building process.
61 TV shows were recorded
The total number of journalists present at the regional press conferences was 223.
41 regional journalists participated in a one-day training in Kyiv, which engaged the top experts and journalists in the area of constitutional law.
A total of 38 articles were published in national-level periodicals, while the information campaign experts took part in 30 TV shows and 16 radio shows.
10 infographics were designed.
A total of 9 analytical briefs on the status of constitutional reform in Ukraine were prepared during 2016.
A number of events were conducted, including 2 roundtable press conferences, a campaign presentation, a joint press conference with the CSOs coalition “People’s Constitution”, and an awards ceremony for the finalists of student essay competition. Additionally, following the concert celebrating the Constitution’s 20th anniversary, experts spoke with TV channels 1+1, EspresoTV, 24, and 112, as well as with Radio Liberty and Hromadske Radio.
Conduct a celebratory public concert performance at the National Philharmonic marking the Constitutions’ 20th anniversary.
Providing the anticorruption expertise of draft laws and efficient laws in order to find out and to dispose the corruption risks in it. To distribute qualified conclusions and analytical notes among parliamentary committees, deputies’ factions executive bodies, interested political parties and NGOs.
Significant decreasing the level of corruption risks in laws, improving the quality of laws, providing information to politics and society regarding corruption risk, which could appear if laws are adopted, increasing the knowledge of society concerning anti-corruption expertise and its possibilities.
In September 2012 the Law “On administrative services” was adopted and resulting in all the cities of region submission and district state administration were obliged to establish one-stop-shops (TSNAP) until January 1, 2014. This Law also obliged all the subjects of administrative services’ provision to harmonize their activity in accordance with its requirements. Despite the fact that the Law has been almost three years in force, in most cases state authorities haven’t improved the quality of their administrative services and haven’t created appropriate one-stop-shops as sole unified offices for citizens.
The Ministry of Justice still hasn’t reformed the system of provision of its administrative services that would meet citizens’ needs. It concerns informing citizens regarding services, creation proper informative and technological cards, transparency of citizens’ reception and working hours, creation of comfortable conditions of waiting and serving, relationship with authorities that created one-stop-shops. Territorial branches of the Ministry of Justice of Ukraine provide the administrative services of their competence simultaneously at their own offices and one-stop-shops of cities and district state administrations. These services concern property rights on real estate and their encumbrance, legalizing legal entities, natural persons – entrepreneurs and civil organizations. The services on civil registration aren’t being integrated to one-stop-shops at all. In May 2014 the Order of the Cabinet of Ministers № 523 was adopted. According to its provisions, the services on state registration of property rights on real estate and their encumbrance, state registration of legal entities and natural persons – entrepreneurs must be provided only at one-stop-shops. This Order isn’t implemented by territorial branches of the Ministry of Justice completely. There are several objective and subjective reasons of this problem. In particular, it worth to mention the absence of proper financing, discrepancy of some current legal acts’ requirements, absence of political will of territorial bodies’ headship etc.
However, on June 2, 2015 the members of the Parliament submitted two draft-laws drafted by the Ministry of Justice of Ukraine, in particular, “On state registration of property rights on real estate and their encumbrance” (№2982), “On state registration of legal entities, natural persons – entrepreneurs and civil organizations” (№2983). Both draft-laws stipulate the transfer of respective power to local self-government from January 1, 2016. This right step will need significant efforts for its implementation. On July 14, 2015 these draft-laws were adopted in the first reading.
Therefore, current transformation process of the field of administrative services is problematic and complex. From one side, it take place the attempt to create comfortable and assessable conditions for administrative services’ obtaining by consumers, attempt of providing some services by the Internet and two draft-laws on transfer the power on administrative services’ provision to local self-government have been submitted. From the other side, an efficient system on informing on services hasn’t been established; registers and their services still haven’t been integrated into many one-stop-shops; corruption risks are still high. Consequently, the quality of administrative services, that is a fulfillment of legislative requirements and taking into account citizens’ expectations, isn’t significantly improved for people because of inconsideration of their needs and expectations.
It should be emphasized that the Ministry of Justice of Ukraine finally expresses the will to provide administrative services’ decentralization and it is important to prevent the transfer of such negative practices during transferring the power to local self-government. Instead of this, all positive practices must be used. Within the project it is possible to take into account this positive experience in the context of particular regions and cities.
Current situations requires controlling the activity of authorities, in particular the activity of the Ministry of Justice, regarding administrative services’ provision. Besides a self-control and control of other authorities on administrative services’ quality, it must be the civil society’s involvement to this process. Only the citizens as the administrative services’ consumers can provide the most impartial evaluation of their quality and then motivate authorities to improve it.
Therefore, at the stage of establishing a new system of administrative services’ provision in Ukraine it is a real need to develop an efficient civil monitoring of this field. One of its main target is to control a proper fulfillment of legislation’s requirements that is adopted on harmonizing the system of administrative services’ provision and improvement of their quality.
The goals of project’s implementation are the following
Preparation and carrying out a civil monitoring on the quality of administrative services of the Ministry of Justice of Ukraine;
Public discussion and presentation of the results, drafting the suggestions and recommendations to the Ministry of Justice of Ukraine on the improvement of administrative services’ quality
Preparation for the citizens’ survey.
Carrying out the respondents’ survey in 4 regions and in Kyiv.
Analyzing collected information and estimation of the level of respondents’ satisfaction with the quality of the Ministry of Justice’s services.
Public discussion of the survey’s results, determination of the services that need an improvement and making suggestions concerning this.
Distribution of the survey’s results and suggestions on the services’ quality improvement among the representatives of the Ministry of Justice, other state authorities, local authorities, civil society and in mass media.
Organisation and delivery of workshop gathering up to ten representatives of key government and other local stakeholders in Ukraine to provide input into the draft proposal, in close coordination with SALAR.
Delivery of workshop report with recommendations for revision of the project proposal.
Technical input into the final proposal prepared by SALAR based on comments and questions from Sida.
The EU is planning a decentralisation project in Ukraine called Ukraine Local Empowerment, Accountability and Development Programme. The U-LEAD programme consists of two components:
Component 1: Enhanced capacity to implement decentralisation and regional policy reforms. Objective: To enhance the capacity of key actors at central, regional and local levels to implement the regional policy and decentralisation reform.
Component 2: Administrative service centres and awareness raising of citizens on local self-governance. Objective: To improve delivery of local administrative services for the benefit of the citizens.
Component 1 is expected to be managed by the German Federal Enterprise for International Cooperation (GIZ) and Component 2 by Sida. Funding for component 2 is expected to be around €30.5 million over four years (2016-2020).
Sida is planning to implement the project in two phases. The first phase will be a preparatory year, including some concrete show cases of design of administrative service centres. The second phase, year two to four, will be full implementation of 600 centres.
Sida has commissioned SALAR to elaborate a project proposal for the first year of implementation of the Component 2 of the U-LEAD programme in Ukraine, covering the activity period 1 April 2016 to 31 March 2017.
to support constitutional and judicial reforms that meet European standards and the public needs, as well as to ensure that constitutional reform is conducted in accordance with the manner established by the Constitution.
to raise the awareness of civil society of the state obligation on the constitutional and judicial reforms within the framework of European integration, as well as of the developments and progress in implementation of these commitments.
to strengthen the capacity of civil society organizations to encourage the authorities to implement reforms in accordance with the state obligations and in line with European standards.
A “Reforms Speedometer” web page was created, with the reform speedometer’s indicators updated on a monthly basis to reflect the events that took place (according to a prepared evaluation methodology); additionally infographics are prepared and news on reform issues and analytical materials are posted.
Roundtables on “Constitutional Reform: Ways of Implementation and Directions of Change”, “Constitutional Reform as an Opportunity to Create a Fair Trial”, “New Criminal Procedure Code of Ukraine: Problems of Application and European Standards”, and a conference on “Judicial Reform Strategy: Challenges for the New Parliament”.
A competition of students’ essays titled “European Vector of Constitutional and Judicial Reforms” was conducted; its winner completed an internship with the Center for Political and Legal Reforms.
A national public opinion survey was conducted to gauge the level of public awareness with European standards in the areas of constitutional law and justice and to identify the society’s needs in these areas, to enable their being taken into account in implementing the reforms.
Two working groups – on constitutional reform and on judicial reform and the reform of prosecution – were set up to promote constitutional and justice reform in Ukraine in accordance with European standards. Both working groups became part of the civic initiative “Reanimation Package of Reforms,” and both reforms were defined as priorities for this civic initiative; both working groups are led by experts of the Center for Political and Legal Reforms.
Ensuring rule of law, independence and accessibility of justice through research informal practices in judicial system of Ukraine, broad publicizing of information on such practices and development of recommendations to overcome them
Analytical report on informal practices in judicial system of Ukrainewith expert recommendations to overcome themis released and broadly publicized
Draft amendments to laws related to improvements of selection of judges, judicial careers and responsibilities; eliminate political influence on justice; overcoming informal practices in the criminal justice
MATRA Project of the Embassy of Kingdom of Netherlands
Ensuring independence, transparency, and accessibility of justice through consolidation of civil society, expert community and Parliament in the implementation of European standards in legislation of judiciary and criminal justice and in the practice of its performance, as well as legal empowerment of the citizens
Democracy Grants Program of the U.S. Embassy in Ukraine
To raise the effectiveness of the judicial protection of the constitutional human rights in Ukraine. Analysis of the decisions of the Constitutional Court of Ukraine, Supreme administrative court and District administrative court in the city of Kyiv in the scope of effectiveness of human constitutional rights protectionfrom the unconstitutional and illegal acts of the central executive piwer bodies, in particular, President, Verkhovna Rada of Ukraine and Cabinet of Ministers if Ukraine
Independent control on the effectiveness of the constitutional human rights from the violations from the side of the central state bodies (Parliament, President, Government).
Short-term results: enlightment of the independent monitoring of the judicial power activity in 2010-2011 in the scope of the effectiveness of the human constitutional rights protection from their infringments of Parliament, President of Ukraine
Long-term results: establishment of the tools of the permanent monitoring of the judicial power activity in the scope of the effectiveness of the human constitutional rights protection from their infringments of Parliament, President, Cabinet of Ministers of Ukraine with the aim to set up independent civil cintrol under the state power activity from the side of civil society. Improvement of the judicial practice of the constitutional human rights protection. Knowledge of the citizens as to the possibilities of the resumption of their constitutional rights and freedoms in judicial order
Independent analysis of the implementation of actions by the Ukrainian government and the European counterparts in the priority areas of EU-Ukraine Association Agenda
Public informational campaign on the topic of EU-Ukraine Association Agenda and it’s implementation
Impact on the implementation of actions in the priority areas of EU-Ukraine Association Agenda through provision of regular information on the results of analysis of the implementation to representatives of the Government of Ukraine and the European Commission
Strengthening the rule of law, good governance, independence of justice in Ukraine in accordance with European Neighborhood Policy with Ukraine
Specific objectives in the field of public administration reform
Developing proper legal regulations on authorities and organization of public administration
Providing clear differentiation between political and administrative offices in public administration
Developing the law dealing to establish politically neutral, professional and stable public service
Developing and implement law on administrative procedure (relations between public administration and private persons)
Increasing the efficiency of preparation and adoption of governmental decisions
Developing law on access to public information in order to provide transparency of public administration
Draft concepts (policy papers) on local self-government reform and administrative and territorial building reform — concept on local self-government reform’s approved by the Ukrainian Government on July 28, 2009; concepts on administrative and territorial building’s on approval at the Ukrainian Government
Draft Law on Access to Public Information was developed and submitted to the Parliament (after broad advocacy campaign of different CSOs the Law was adopted on 13 January 2011)
Draft Code of Administrative Procedures was developed (the contribution of CPLR experts was significant)
Draft Law on Ministries and Central Executive Bodies and draft Law on Public Service were developed (both were adopted by the parliament in 2011 but with a huge distortions made for the sake of political interest)
Dialog between government and civil society was supported due to monitoring activities
Conducting permanent monitoring of the government activity in the area of justice, criminal justice, constitutional and administrative reform with responding to the most high-profile event in this area (public measures, press-conference etc.)
Producing experts conclusion related to the key draft laws
Articles on transparency of court system are produced and published; a round table on access to justice is organized and conducted
Draft law № 3214 on mandatory inclusion of court decisions into Unified State register is prepared and lobbing for (draft was adopted in the first reading, but it was rejected after the new government came to power in 2010)
Recommendation on the improvement of the official web-portal of judicial power in Ukraine and updating of the interface are developed (this recommendations are partly implemented by State Court Administration of Ukraine)
The Project purpose was to contribute to increasing the understanding of human rights in the Ukrainian society and to increasing the political will to implement and protect human rights. This purpose was pursued through the development of cooperating human rights organizations engaged in common advocacy activities, which would promote the strengthening of rule of law and the administration of justice as well as promoting freedom of expression in according with the EU requirements and standards.
Brussels Institute for Open Society / International Renaissance Foundation
Development of proposals on the implementation of the EU-Ukraine Action Plan in parts of good governance and justice. The document was discussed at the Round table “EU-Ukraine Cooperation: Strengthening the Rule of Law in Ukraine” in Brussels. On the basis of these proposals, the Cabinet of Ministers of Ukraine approved the 2005 road map for the implementation of the EU-Ukraine Action Plan (2004-2005).
CPLR took part in preparation of the Policy paper “Plan of Actions: Ukraine — EU”, particularly Parts on good governance and justice. The Policy paper was presented on Round table “Cooperation EU — Ukraine: strengthening rule of law in Ukraine”, organized by the International Renaissance Foundation and Brussels Institute for Open Society (took place in Brussels on February 16, 2005). This event was dedicated to discussion of perspectives to implement Plan of Actions: Ukraine — EU, taking into account the proposals on strengthening the rule of law, prepared by think tanks of Ukraine (including CPLR).
CPLR representatives made reports on access to justice, judiciary reform and good governance. On April 22, 2005 the Cabinet of Ministers of Ukraine approved Plan of Actions (№ 117-р).
Establishment of expert group on administrative law;
Organization of study visit of Ukrainian experts to Poland;
Arrangement of workshop with participation of polish scientists and elaboration of analytical materials concerning the polish experience in implementation of European principles of public administration;
Working out of presentation at the conference in Kyiv
Publishing of the book “Administrative law in the context of European choice”.