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.
Svitlana Matvienko, Chairwoman of the Board of the Agency for Legislative Initiatives, on Hromadske Radio
Who is a responsible leader?
The very theme of responsible leadership came from business – large corporations launched the process that now fully applies to all areas. A responsible leader is a person who clearly sets an ambitious goal and as a result achieves certain public good. But it has to be said that he or she adheres to his/her principles. In addition, it worth noting that sometimes losses may exceed the result achieved.
The issue of leadership is a difficult one because in emergency situations people can behave in an unexpected way. Psychologists argue that it is impossible to predict a person’s reaction in a crisis situation. Therefore, under certain circumstances, any person can manifest and discover some unexpected skills. In order to be a leader, it is not necessary to be an extrovert because literature and philosophy clearly demonstrate how introverts influence the course of history with their words and texts. Today, things that public speakers say are often written for them by covert opinion leaders. In the days of pervasive populism, the number of views and likes in social networks have become absolutely unrepresentative.
The case of Ernest Shackleton is often cited as a striking example of responsible leadership. In 1914, Shackleton decided to cross Antarctica via the South Pole, but the expedition ship got caught in an ice trap. Despite all challenges and inhumane conditions, Shackleton did not lose any member of the team. His ability to motivate people, plan the expedition in advance and predict hardships made it possible to save the people from their icy captivity.
Responsible leader is someone who, first of all, sets an ambitious goal; secondly, they are able to plan and take responsibility for consequences; and thirdly, they motivate people till the end. A responsible leader is someone who can weigh all pros and contras so that public good could be obtained with minimum losses.
Global targets work best since development consists in the fulfillment of the most ambitious goals. Quantitative indicators cannot adequately represent the success of a leader because it is not always clear how certain qualitative changes will affect processes in the future.
Lifelong learning and adult education are among trending education strategies. Leaders themselves must keep on growing. When a team develops faster than the leader, a wave of progress will sweep him/her away. However, without visionary concepts, the team may also disappear.
“The leader has to learn and help his or her team to improve. The leader’s development will be pointless without corresponding training of the people around them. Each of us can teach a lot of people by passing them some knowledge and skills they will use in their daily work”
Does the leader have to adhere to the rules of ethics?
“The Councel of Europe’s statement on unity in diversity appeals to me a lot. A leader who does not respect the fundamental rights of a person is terrifying”
Svitlana also focused on leadership qualities and the ethical culture of Ukrainian MPs as well as explaining how civil society contributed to the development of parliamentarism in Ukraine.
The behavior of MPs should be guided by a code of ethics. Their uncivilized behavior in the session hall constitutes only one aspect of the problem which conceals much wider issues, i.e. the unresolved issue of lobbyism, conflict of interest, what parliamentarians are engaged in when leaving the Verkhovna Rada, in which corporations they can be employed, etc.
Listen to the conversation
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”
Svitlana Matviienko
Chairwoman of the Board of the Agency for Legislative Initiatives
“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”
Viktor Zahreba
study author, Project Manager at the NGO Center for Social and Business Initiatives (Yaremche), member of the Working Group on the Law Enforcement Reform of the “Reanimation Package of Reforms”
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.
Selected Works of the Participants of the Sixth International Conference ‘Parliamentary Readings’
On November 18-19, 2016, the Sixth International Conference ‘Parliamentary Readings’ was held at the House of Official Receptions (Kyiv, 22, Hrushevskyi Str.).
The conference was organized by the Agency for Legislative Initiatives in partnership with the Faculty of Law and the Faculty of Social Sciences and Social Technologies of the National University of Kyiv-Mohyla Academy as well as the Department of Parliamentarism and Political Management of the National Academy for Public Administration under the President of Ukraine.
A collection of selected works of its participants was prepared based on the results of the conference.
The conference 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.
Selected Works of the Participants of the Sixth International Conference ‘Parliamentary Readings’
The conference was organized by the Agency for Legislative Initiatives in partnership with the Faculty of Law and the Faculty of Social Sciences and Social Technologies of the National University of Kyiv-Mohyla Academy as well as the Department of Parliamentarism and Political Management of the National Academy for Public Administration under the President of Ukraine.
A collection of selected works of its participants was prepared based on the results of the conference.
The conference 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.
In Brovary, Teachers Played and Adopted Laws
Since 2016, the Agency for Legislative Initiatives has been promoting the game “AGORA: Democratic Procedure of Law Adoption in the Parliament of Ukraine” in senior grades of secondary schools.
The AGORA game allows participants to try on the role of parliamentarians and go through all stages of the law-making process: from drafting to voting. After taking part in the game at the colloquium organized by the Agency for Legislative Initiatives in Brovary, representatives of the educational community duly appreciated the capacity and efficiency of the game.
The event was held within the framework of the USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation, in cooperation with MP Pavlo Rizanenko in the framework of the Model District initiative.
Colloquium for teachers to present methodological guidelines for the subject of social studies, Brovary
Colloquium in organized by the NGO Agency of Legislative Initiatives with the support of USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation.
Educators of Brovary and Baryshivka regions were made aware of the modules of civic education and new training methods, such as brainstorming, open discussions and role playing presented in the methodological guidelines, watched the video “How Parliament Works” (made by Internews Ukraine within the framework of the USAID RADA Program: Responsible Accountable Democratic Assembly).
The participants also tested the online game “AGORA: Democratic Procedure of Law Adoption in the Parliament of Ukraine”, where you can feel like an MP and learn in practice all stages of the legislative process in Ukraine.
The initiative to integrate the component of civic education in school curricula aims at developing students’ knowledge, values and skills that they could use to defend their rights and freedoms, to control the government, and to participate in democratic processes.
Agency’s Expert Club
The Agency for Legislative Initiatives launched a new presentation format of its policy materials – Expert Club in a British “afternoon tea” format.
The main purpose of the study is to mark the 20th anniversary of cooperation between Ukraine and the Venice Commission of the Council of Europe, which Ukraine celebrated in 2016. The focus of the study was to incorporate the conclusions of the Venice Commission in the preparation and improvement of legislation.
The experience of cooperation between Ukraine and the European Commission for Democracy through Law (the Venice Commission) was analyzed in the research, and the philosophy and major fields of activity of the Venice Commission, as well as its principles, standards and methods of work were highlighted. It was especially emphasized that not only the Venice Commission’s Conclusions on Ukraine but also studies of the Venice Commission in general as an integral part of the «European constitutional heritage» should be considered in the process of drafting and improving Ukrainian legislation. The author of a study concludes that Ukraine’s readiness to cooperate with the Venice Commission and proper consideration of the Commission’s recommendations could be regarded as an indicator of democratic processes taking place in the country and its commitment to European values.
The presentation included discussion with the participation of the research author Oleksandr Ilkov, the Head of the Department of Regional Cooperation Programs of the Venice Commission of the Council of Europe Sergiy Kuznetsov, Director of the USAID RADA Program Igor Kogut, Chairwoman of the Agency Svitlana Matvienko and Deputy Chairman of the Agency Oleksandr Zaslavskyi and was moderated by the Senior Project Officer of the Venice Commission in the Council of Europe Office in Ukraine Sergiy Tkachenko.
The research was conducted by Oleksandr Ilkov for the third issue of “Parliament” Journal 2016, a special periodic publication of the Agency for Legislative Initiatives distributed among MPs, parliamentary staff, academic and experts institutions. “Parliament” Journal is prepared and published within the framework of USAID RADA Program: Responsible Accountable Democratic Assembly, which is operated by East Europe Foundation.
Media gallery of the event
Colloquium for teachers to present methodological guidelines for the subject of social studies, Chernihiv
Colloquium is organized by the NGO Agency of Legislative Initiatives with the support of USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation.
The event involved presentation of methodological guidelines for teachers in upper secondary schools to introduce of civic education in school curricula. The participants tested the role-playing game “AGORA: Democratic Procedure of Law Adoption in the Parliament of Ukraine” and watched the video “How Parliament Works” (made by Internews Ukraine within the framework of the USAID RADA Program: Responsible Accountable Democratic Assembly).
“The crisis of public confidence towards government in Ukraine among other things is due to the lack of feedback between public institutions and citizens. The introduction of civic education and democratic citizenship training aims at establishing communication between the public and their elected representatives”
Tetiana Chernukha
Program Coordinator of the Agency for Legislative Initiatives
Natalia Amelchenko, the author of the methodological guidelines and the role-playing game “AGORA: Democratic Procedure of Law Adoption in the Parliament of Ukraine”, emphasised that the introduction of new teaching methods, such as brainstorming, open discussions and role playing, helps students absorb better theoretical material as well as acquire practical skills in asserting their rights and active participation in public life.