The preparation and presentation of Policy Proposals is part of the project embodied by the Agency for Legislative Initiatives, supported by the USAID Rada Program: Responsible Accountable Democratic Assembly, implemented by the East Europe Foundation.
The Policy Proposals to Regulate the Status of the Local Council Members (Policy Paper)
The local elections in Ukraine conducted in October 2015 under a new law caused a number of problems and quite distorted the representation balance. In addition, the innovations introduced by the Law on the Status of Local Council Members into the council members recall procedure and mechanism based on the people’s initiative instigated tensions and conflicts on the ground. By analyzing the modern Ukrainian practices, the authors propose the way out of the current complicated situation through amendment of the legislation and development of efficient instruments to regulate the representation problem with one of the proposals being assignment of each local council member to a certain constituency and making them accountable to its voters.
Presentation of methodological recommendations for high school teachers on holding classes on topics such as “Election process”, “Political System in Ukraine: Citizen Engagement”, “Legislature for Youth” and “Youth in Government Programs”
The event was organized by the Agency of Legislative Initiatives with the support of USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation.
Photos by Oleksandr Kovalenko
Oleksandr ZASLAVSKYI, Deputy Chairman of the Board of the Agency for Legislative Initiatives, addressed the participants with words of welcome, noting that the RADA Program was fostering a number of initiatives, including promotion of civic education for a wider citizen engagement in the legislative process. The initiative is aimed at introducing elements of civic education into compulsory social studies for high school students, as envisaged by the Concept of the New Ukrainian School, the National Strategy for Promoting the Development of Civil Society in Ukraine for 2016-2020 and in pursuance of the provisions of the Law of Ukraine “On Education”, which establish the priority of civic education. These are topics such as “Election process”, “Political System in Ukraine: Citizen Engagement”, “Legislature for Youth” and “Youth in Government Programs”. According to Mr. Zaslavskyi, in 2016 the USAID RADA Program signed a Memorandum of Cooperation with the Institute of Educational Content Modernization and were jointly holding the event. In addition, the Institute reviewed the Methodological Recommendations, which helped improve them considerably. Mr. Zaslavskyi informed that since October 2016 the Agency for Legislative Initiatives had conducted 5 colloquiums for teachers in four Ukrainian cities: Sumy, Poltava, Brovary, and Chernihiv. The speaker emphasized that in general more than 200 educators were acquainted with the Methodological Recommendations and the role-playing game AGORA that simulates the democratic legislative process in parliament.
“The Agency for Legislative Initiatives has been cooperating with parliament for more than 17 years, trying to improve its work, internal procedures, and transparency of MPs’ and committees’ work. We have reached the conclusion that many problems associated with the parliament’s work are external. When it comes to factional discipline, a democratic process of decision-making within factions, and parliamentary ethics, these are issues of the party system rather than anything else. Meanwhile, the lack of public awareness of the parliament’s work or the lack of public confidence in Parliament is down to faults in the work of the media”
Photos by Oleksandr Kovalenko
Mr. Zaslavskyi noted that the Agency for Legislative Initiatives was already implementing several projects aimed at educating adults, such as the Ukrainian School of Political Studies and the School of Community Leaders, and had already completed the project of the School of Professional Journalism ‘New Ukraine’. Working with adults is needed and important, but it is more important to start working with young people. Hence the Agency came up with the idea to draw up Methodological Recommendations for high school teachers of social studies in order to raise awareness of political processes and the ways of the parliament’s work so that citizens could consciously and knowingly engage in its work.
Photos by Oleksandr Kovalenko
Oleksandr YAREMA, Deputy Minister of Youth and Sports of Ukraine, noted that the answers to many young people’s questions about the political and electoral processes could have been found at school. Therefore, the Methodological Recommendations prepared by the Agency for Legislative Initiatives will help raise students’ awareness of political processes and how they could become responsible citizens. The combination of theoretical and practical elements contributes to increasing the platform of civil society, helping the country to develop as a democratic one since no country can exist without strong civil society institutions. According to Mr. Yarema, it is very important that young people, students should be aware of the opportunities of civic education, opportunities to engage in decision-making through various instruments, from student self-government or participation in youth civic organizations. This may be the first step towards responsible citizenship.
Photos by Oleksandr Kovalenko
Serhiy HORBACHOV, Director of I. Bahrianyi Specialized School No. 148 where the role-playing game AGORA was tested. Mr. Horbachov, who joined the discussion via Skype, emphasized the importance of forming civic education competencies. Thanks to AGORA students can feel how the government works, how the work of the Verkhovna Rada is arranged; understand what interest and conflict of interest are; see the conduct of actors in the political arena. Also, Mr. Horbachov drew attention to the fact that children find AGORA very interesting because it makes it possible to feel the atmosphere of making socially important decisions.
“The fact that the Agency for Legislative Initiatives offers this project and develops it – it is a major contribution to the development of civil competencies as part of the general competencies envisaged by the Law “On Education” and the Concept of the New Ukrainian School”
Photos by Oleksandr Kovalenko
Volodymyr KOVTUNETS, First Deputy Minister of Education and Science of Ukraine, pointed out to the high calibre of the Methodological Recommendations and drew attention to the fact that the methodology was not instruction-based, when the teacher has a monopoly on truth and the student has to reproduce that gospel truth, instead it was about practical training. Mr. Kovtunets emphasized the importance of encouraging students to actively contribute to shaping responsibility for all processes taking place in our country.
Photos by Oleksandr Kovalenko
Lesia KORETSKA, Head of the Department of Scientific, Educational and Methodological Support for Out-of-School Training and Mentoring of the State Academic Institution ‘Institute of Educational Content Modernization’, emphasized the importance of the work of the Agency for Legislative Initiatives, which prepared the Methodological Recommendations and role-playing game AGORA and contributed to the development of the Concept of the New Ukrainian School. Ms. Koretska pointed out the importance of involving the students through classes as well as through the entire educational process, both formal and informal.
Photos by Oleksandr Kovalenko
According to Natalia AMELCHENKO, Ph.D., Associate Professor of the Department of Political Science of the National University of Kyiv-Mohyla Academy, currently Ukrainian schools have no established course in civic education, therefore, modules have been developed with a view to including them in certain subject areas of the already existing courses in jurisprudence, “Human Being and the World”, and History. Ms. Amelchenko noted that prior to drawing up the Methodological recommendations, she had analyzed the syllabuses of the above disciplines, textbooks, and state documents regulating the educational process. Based on the analysis, she identified the components of civic education, which is not limited to patriotic education. Civic education, including its informal component, molds democratic citizenship. Civic education fosters moral responsibility for the living space of other people and sensitivity to violations of the rights and freedoms of citizens, that is, it forms civic consciousness.
Civics is not just about passive affiliation to a certain state, and not only about knowledge of the rights and freedoms of the individual, the principles of construction of democratic political institutions, etc. First of all, it is about the ability to act in accordance with democratic laws, to defend the rights and freedoms of citizens, to build social relations on the basis of democratic rights and freedoms in the context of the development of a civil society, that is, about being an active citizen.
Civic education should form students’ awareness of their belonging to a certain nation, national history, and state but, above all, it should develop an active democratic civic identity, that is, involvement in the development of civil society and democratic institutions.
Only interactive methods of teaching civics can help not only acquire knowledge but also provide students with an understanding of their competencies in a particular social role, and their functions in a particular democratic process. At this stage, children can resolve conflicts and learn to be tolerant.
Photos by Oleksandr Kovalenko
In addition, the discussion involved the students of I. Bahrianyi Specialized School No. 148 who took part the interactive role-playing game AGORA and adopted the draft law “On the Election of the President of the School”. The students joined in the discussion via Skype to share their impressions of the game and placed special emphasis on how informative and engaging it was.
Photos by Oleksandr Kovalenko
The second part of the presentation was devoted to the testing of the interactive role-playing game AGORA, which gave teachers the opportunity to try their hand at approving the Law “On Education”.
Photos by Oleksandr Kovalenko
Photos by Oleksandr Kovalenko
By drawing lots, “MPs” were divided into three groups: liberals, conservatives, and MPs elected in first-past-the-post constituencies. The positions of each of the parties were clearly spelled out in the script. Apart from the three parliamentary groups, the game also included the roles of the Minister of Education and Science of Ukraine, counting commission, and the Speaker of the Verkhovna Rada. The law passed three readings, voting and approval procedures. After the game, its results were summed up and the participants expressed their ideas and impressions.
Photos by Oleksandr Kovalenko
Draft Concept of the “End-to-End” Legislative Process
On May 22, 2017 the Draft Concept of the “End-to-End” Legislative Process presentation took place.
The draft concept paper on the “end-to-end” legislative process contains analysis of current practices, a review of international experience, as well as proposals concerning the concept of “end-to-end” legislative process reform with an emphasis on strengthening coordination between the subjects of legislative initiative. This document offers alternatives of changing the “end-to-end” legislative process, which can be described as “government-centred” (based on the experience of France), “parliament-centred” (based on US experience) and “the concept of minimally necessary changes” (on the basis of analysis of existing practices in Ukraine).
“Problems in the legislative process in Ukraine are largely due not so much to imperfect regulatory framework as to wrong practices of their implementation. In this case, the key issues include:
– Lack of strategic planning in the policy-making process;
– Dominance of political expediency over the rule of law;
– Dominance of the “juridical” paradigm in the policy making process;
– Actual lack of a system of monitoring, evaluation and review of adopted decisions”
– Lack of strategic planning in the policy-making process;
– Dominance of political expediency over the rule of law;
– Dominance of the “juridical” paradigm in the policy making process;
– Actual lack of a system of monitoring, evaluation and review of adopted decisions”
Preparation of the analytical materials is a part of a project implemented by the NGO Agency of Legislative Initiatives with the support of USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation.
Civil Service Reform in Ukraine: Specialised Law Implementation in 2016–2017 (Shadow Report)
The Shadow Report assesses implementation of key civil service reforms in Ukraine as defined by the new version of the Civil Service Law adopted on 10 December 2015 and enacted on 1 May 2016. It focuses, primarily, on the civil servants’ political neutrality and professionalism, as well as their remuneration and performance.
The paper traces the progress made in the implementation of the above public policy measures between May 2016 and May 2017, as well as suggests certain further steps in this area.
This report is based only on the current civil service laws and regulations valid in the period between May 2016 and May 2017, in particular the Civil Service Law.
Even though the civil service associated bills and draft regulations, as well as related laws, such as on the Cabinet of Ministers and on the Central Executive Authorities, the legislation on local administrations and local self-governance were not in the focus of this publication, a comprehensive and high quality civil service reform is not possible without their amendment.
The preparation and presentation of analytical reports in the Shadow Report format is part of the project embodied by the Agency for Legislative Initiatives, supported by the USAID Rada Program: Responsible Accountable Democratic Assembly, implemented by the East Europe Foundation.
Shadow Report “Public Service Reform in Ukraine: Implementation of the specialized law in 2016-2017”
On May 17, 2017 Shadow Report “Public Service Reform in Ukraine: Implementation of the specialized law in 2016-2017” rpesentation took place.
The Shadow Report “Public Service Reform in Ukraine: Specialized Law Implementation in 2016-2017” is an alternative to the governmental report on the implementation of the key results of public service reform in Ukraine. The report examined the development and adoption of the Law On Public service; exhaustively analysed the provisions of the law with a focus on potential shortcomings and recommendations; formulated a new vision of public service in Ukraine; and suggested modern tools of personnel management in the public service.
“USAID RADA Program continues to monitor the situation around the draft law On Public Service. Today the format of this meeting of the committee in terms of performing the control function is of critical importance to us. The Report prepared by the Agency for Legislative Initiatives represents a politically neutral position that balances those of the government, of the committee, and the position of independent experts. The practice of such reporting format is very useful and we would like to introduce it in the contemporary Ukrainian parliament. Such reports should take place at meetings of this kind”
“Amendments to the Law on Public Service came into force a year ago, but we can already talk about the first successes, as well as single out the main directions for further work. These include determining a comprehensive vision of the target model of the public service of Ukraine (career-based or position-based), harmonisation of the public service reform with other elements of the public administration reform and improving communication and public awareness of competition for senior civil service positions”
Preparation of the Shadow Reports is a part of a project implemented by the NGO Agency of Legislative Initiatives with the support of USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation.
Program Coordinator of the Agency for Legislative Initiatives, Tetiana Chernukha, on Ukrainian Radio
Tetiana Chernukha, program coordinator of the Agency for Legislative Initiatives, in her interview for Hromadske Radio spoke about the specifics and problems of local referendums, covering a wide range of issues, such as decommunisation, decentralization of power, constitutional rights and freedoms of Ukrainian citizens.
The right to initiate and conduct a local referendum is a constitutional right of the citizens of Ukraine and one of the most important forms of the direct exercise of power by the people (Article 5 of the Constitution of Ukraine).
Article 38 of the Constitution of Ukraine guarantees the right of citizens to take part in national and local referendums. However, after the Law of Ukraine On National and Local Referendums of 1991 became invalid, and the Law of Ukraine On National Referendum of 2012 came into force, a legally fixed mechanism for initiating and conducting local referendums disappeared. On the other hand, the country’s regional agenda is aimed at decentralization and deregulation, which implies extending the rights of citizens as to addressing local issues, including through initiation and holding of local referendums. For instance, within the framework of the reform, the Law of Ukraine On Civic Associations was adopted, whereby a local referendum is a necessary component of this process. However, there is still a lack of a legislative framework for the settlement of a mechanism for holding local referendums.
The key problems associated with local referendum as a mechanism of direct democracy include:
1. threats to the territorial integrity of Ukraine;
2. use of a local referendum to legitimize dubious or downright illegal decisions of local authorities; and
3. violation of the procedure for initiation and holding of local referendums.
Policy Paper “What Should Be the State Policy on Road Safety in Ukraine?”
On April 13, 2017 the presentation of the Policy Paper “What Should Be the State Policy on Road Safety in Ukraine?” took place.
Preparation of the Policy Papers is a part of a project implemented by the NGO Agency of Legislative Initiatives with the support of USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation.
The main objective of the research is to study the problem of fatalities and injuries on the roads of Ukraine as considered through the prism of state policy. The document estimates the extent of the problem and identifies key systemic shortcomings of the state policy in this area. The focus of the study was the analysis of the state implementation of its commitment to the public as regards road safety in the following key areas: safe roads, safer road users, safe vehicles and provision of emergency care.
“Our goal is very clear: we cooperate with the Verkhovna Rada to strengthen the capacity of high-quality work of the parliament and we would like the parliament to have a high-quality independent research service that could prepare such documents on the request of MPs. Such documents require highly professional work and costs. The parliamentary reform provides for a Research Service here [in parliament]. This is a very important document for discussion. This document will shape the vision, and with a vision legislative changes can be prepared more efficiently and significantly more proficiently”
“Agency for Legislative Initiatives set the trend for the preparation of White Papers in 2010, preparing a White Paper of Ukrainian Parliamentarianism. Many of our recommendations were integrated in the vision of the EP Mission led by Pat Cox. His second recommendation, in fact, refers to the improvement of the overall quality of draft laws by preparing white papers. We offer a series of Policy Papers, as a possible format of presentation of legislative initiatives before their adoption. These are discussion papers that in developed democracies precede legislative acts. Analysis of the problem and stakeholders, effective policies, existing gaps in the legislation, and, most importantly, solutions to the problem constitutes the optimal form for such documents. Today’s topic concerning road safety is not just important, it is sensitive and painful for Ukrainians. We hope we will be able to shift the discussion to a higher level, for which we thank the Subcommittee on the Safety of Road Traffic of the Committee on Transport, USAID RADA Program, the author Viktor Zahreba and all civil society activists engaged in the area”
“The problem of road safety is quite peculiar. It is truly comprehensive in terms of risks and understanding. Each road use in any role – a pedestrian, driver, passenger, or cyclist – bears a high risk of injury or loss of life. Ukrainians fear roads. Among European countries, Ukraine has one of the lowest road safety levels. This level is measured by the scale of effects, primarily by the number of lives lost”
What Should Be Public Policy on Road Safety in Ukraine? (Policy Paper)
This policy paper is devoted to the issue of traffic crashes and injuries on the roads of Ukraine. It provides a brief assessment of the scale and scope of the problem and indicates three key policy issues that explain Ukraine’s poor performance. It describes in details the obligations that the governance system of Ukraine owes to the society in the field of road safety, divided into four domains— safe roads, safe road users, safe vehicles and emergency responses, and assesses the government’s performance in each of them. This analysis cover specific government’s functions such as training and licensing of drivers, traffic law enforcement, certification and licensing of vehicles and transportation services, road construction and management standards etc. The paper also provides a detailed analysis of stakeholders in the policy field of traffic safety, identifying them in groups and describing their main interests in a policy dialogue. At the end, the policy paper describes for policy alternatives that Ukraine’s politicians may consider in order to tackle the issue of dangerous roads in a systemic and successful way, and specifically suggests one of them as the recommended way to go.
The preparation and presentation of Policy Papers is part of the project embodied by the Agency for Legislative Initiatives, supported by the USAID Rada Program: Responsible Accountable Democratic Assembly, implemented by the East Europe Foundation.
Presentation of the Shadow Report in the Verkhovna Rada Committee on Education and Science
An extended meeting of the Committee on Science and Education dedicated to topical education issues took place at 18/2, M. Hrushevsky Str. on December 21, 2016.
The meeting was attended by MPs Oleksandr Spivakovsky, Ivan Kyrylenko, Oleksiy Skrypnyk, Taras Kremin, academics, experts, representatives of NGOs, and members of committees of the Verkhovna Rada of Ukraine.
To implement the supervision functions of the Committee on Science and Education, the following issues were addressed:
• the status of implementation of the Law of Ukraine On Higher Education,
• the status of implementation of the Law of Ukraine On Academic and Scientific Research Activities
• the implementation of the Decision of the Committee on Science and Education of April 12, 2016 On the Activities of the State Enterprise Inforesurs.
ALI experts and authors of the studies, Yevhen Nikolayev, PhD, Assistant Professor of Political Economy at KNEU named after V. Hetman, and Oleksandr Dluhopolskyi, PhD., Professor of Economics at the Ternopil National Economic University, presented the Shadow Report “Reform of Higher Education in Ukraine: Implementation of the Specialized Law in 2014–2016”
The study examines the issues of developing a new quality assurance system for higher education, developing academic and financial autonomy of higher educational institutions, ensuring fair conditions for admission to higher educational institutions, and integrating Ukraine’s higher education into the European educational and scientific environment. The report also contains some suggestions concerning further necessary steps in this area.
Shadow reports are a method whereby NGOs present alternative information to the periodic government reports concerning the implementation of government programs.
Based on the results of the presentation, the committee members initiated a roundtable discussion of the results of the submitted report pre-scheduled for January 2017.
Presentation of the shadow reports to the Committees of Parliament is part of the project implemented by the Agency for Legislative Initiatives with the support of USAID RADA Program: Responsible, Accountable, Democratic Assembly implemented by the East Europe Foundation.
Presentation of the Shadow Report “Experience with Local Referendums in Ukraine as an Element of Local Democracy”
On November 24 the shadow report “Experience with Local Referendums in Ukraine as an Element of Local Democracy” was presented in Chernihiv. The presentation took place within the framework of a working group meeting at the Subcommittee on Elections and Referendums of the Committee of the Verkhovna Rada of Ukraine on Legal Policy and Justice.
The meeting was organized by the Agency for Legislative Initiatives in cooperation with MP Oleksandr Chernenko, co-chair of the Subcommittee on Elections and Referendums, within USAID RADA Program: Responsible Accountable Democratic Assembly implemented by the East Europe Foundation.
An opening speech was delivered by Valerii Kulich, Head of Chernihiv Oblast State Administration.
Tetiana Chernukha, project coordinator of the Agency for Legislative Initiatives, presented the results of a study on the practice of initiating and conducting local referendums in Ukraine from 1991 to 2012 (i.e. during the period when law No. 1286-12 On National and Local Referendums dated 1991 was in force).
Another speaker Maksym Latsyba, Ukrainian Center for Independent Political Research, Director of USAID “Citizens in Action Project”, made a presentation on “Legal Framework for Mechanisms of Local Democracy”.
Shadow reports are a method, new to Ukraine, to communicate information and policy alternatives regarding the implementation of government programs to the public.
Presentation of Shadow Reports in committees of the Verkhovna Rada of Ukraine is part of the project carried out by the Agency for Legislative Initiatives within the USAID RADA Program: Responsible Accountable Democratic Assembly implemented by the East Europe Foundation.