The activities are carried out within the project of the Agency for Legislative Initiatives “Promoting Democratic Political Culture in Verkhovna Rada through Political Dialogue and Ethical Standards”, carried out with the support of the Embassy of the Netherlands in Ukraine in partnership with the OSCE Office for Democratic Institutions and Human Rights (ODIHR) “Strengthening Dialogue among Civil Society and with Key Governmental Stakeholders in Ukraine in Human Dimension” and with the assistance of the RADA Program.
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.
Parliamentary Ethics and its Dilemmas – Glavcom
Svitlana Matvienko, Chairwoman of the Board of the Agency for Legislative Initiatives, is currently working on a code of conduct for MPs. She believes that the future code, in addition to provisions on the moral and ethical components of MPs’ work, must regulate the issues associated with conflict of interests and lobbyism.
What does the notion of Code of Parliamentary Ethics imply?
There is a Roadmap prepared by the ODIHR, Rada Program, Agency for Legislative Initiatives, and Netherlands Institute for Multiparty Democracy. It prescribes that, just like any other professional (from a doctor to a pilot), a deputy ought to have clear functions and standards of work. Without these standards one cannot adequately assess somebody’s work or even hold people responsible.
Don’t you think that a society which is so respectful about brawls and fails to condemn the low political culture of its MPs deserves such MPs?
Of course, it is an ancient maxim that every nation has the rulers it deserves. But on the other hand, under the electoral system that exists in the country today, it is usually a party leader determines who will be on the list. Therefore, people are not always able to participate in the process.
Will the future Code of Parliamentary Ethics regulate the financial status of MPs?
It depends on the decision of MPs. In my opinion, yes, it should be regulated. MPs’ salary should be at a proper level. I understand that we live in a poor country, and citizens will find high salaries of MPs rather controversial. Nevertheless, I hope that it will prevent from “buying” politicians.
World café on parliamentary ethics
On the margins of the Verkhovna Rada of Ukraine MPs Sergei Leshchenko, Svetlana Zalishchuk, Ostap Yednak, Oleksiy Ryabchin, Grigory Shverk discussed ethical dilemmas concerning:
- how to prevent MPs’ indecent behavior;
- how to regulate the content and timing of MP’s speech in the voting chamber;
- how to prevent the domination of individual parliamentarians in the debate, deviations from the topic of discussion, the use of the parliamentary tribune for self-advertisement;
- how to prevent non-personal voting;
- how to regulate the MP’s lexicon during his / her speeches in the voting chamber.
This discussion format encourages better understanding of issues and allows for many views and opinions, and at the same time, thanks to the constant rotation of group members, presents the discussion point in different contexts.
The proposed topic also included problems of non-parliamentary language, dress code, lack of gender-sensitive language, behavior during sessions etc.
At the end of the event MP Grigory Shverk also signed the Declaration of Intent on development of the Parliamentary Code of Conduct.
Declaration of Intent
Declaration of Intent
Trust in political institutions is a key element of their legitimacy. It is particularly true for the parliament as a representative body. State of trust in the Verkhovna Rada of Ukraine has been at its lowest in the last few years. To a large extent, this is due to public perceptions about the dubious ethical principles of the people’s deputies. The high-profile corruption cases and numerous violations of not only the Rules of Procedures by many MPs but also the order in the session hall once again prove that. It can be noted that attempts to embark on the path of achieving transparency, accountability and professional standards of legislative procedures runs into resistance of politicians for whom the conflict of interest, unacceptable behavior in the voting chamber, gender discrimination, sexism signs, false accusations, lack of dialogue etc. turn up to be a norm. In the same time, in countries of consolidated democracy, the high professional and ethical standards of parliamentarians in fulfilling their mandates serve as a background for building citizen’s trust and support. Thus, there is an increasing need for the development and recording of provisions, which relate to professional ethics in the parliament and the proper fulfillment of parliamentary powers.
Thereby, we who have signed below:
1. Understanding the importance of honest representation of society’s interests in the parliament and of principles of tolerance, trust, pluralism of opinions and mutual respect, we recognize the necessity to regulate issues of parliamentary ethics.
2. In accordance with the recommendations by the Verkhovna Rada Needs Assessment Mission of the European Parliament and the Brussels Declaration of the Parliamentary Assembly of the OSCE we believe it is necessary to draft and enact the Code of Conduct in the Verkhovna Rada of Ukraine. This should be done with consideration of the principle of inclusion and according to the best international practices.
3. We agree that in order to be effective the proposed initiative calls for a constantly active dialogue platform to work out the provisions of the Code. Such a platform should be non-partisan and take into account points of view of all interested parties. The process of negotiations can be facilitated by external expert support of the Agency for Legislative Initiatives with the support of the Matra Programme (Embassy of the Kingdom of the Netherlands) and in partnership with OSCE ODIHR and the Netherlands Institute for Multiparty Democracy and with assistance from the USAID Program “RADA: Responsible Accountable Democratic Assembly” without influencing the decisions.
4. In our activities as MPs we guarantee enforcement of principles of transparency, accountability, avoidance of conflict of interests, tolerance and respect for human rights.
5. We declare our support to the dialogue on issues of parliamentary ethics.
The activities are held within the project of the Agency for Legislative Initiatives “Promoting Democratic Political Culture in Verkhovna Rada through Political Dialogue and Ethical Standards”, carried out with the support of the Embassy of the Netherlands in Ukraine in partnership with the OSCE Office for Democratic Institutions and Human Rights (ODIHR) “Strengthening Dialogue among Civil Society and with Key Governmental Stakeholders in Ukraine in Human Dimension” and with the assistance of the USAID RADA Program: Responsible Accountable Democratic Assembly, implemented by East Europe Foundation.
Press-briefing on Signing the Declaration of Intent
#EthicalRada
On February, 9, a press-briefing “Signing the Declaration of Intent on the Code of Conduct” took place in the Verkhovna Rada. MPs Olena Sotnyk (Samopomich), Svitlana Zalishchuk (Petro Poroshenko Bloc), Sergiy Leshchenko (Petro Poroshenko Bloc), Oksana Yurynets (Petro Poroshenko Bloc), Yuriy Miroshnichenko (Opposition Bloc), Alyona Shkrum (Batkivshchyna), Ostap Yednak (non-aligned) and other MPs joined the briefing.
During the briefing MPs declared their intentions to work in the framework of the dialogue platform created to discuss ethical dilemmas and provide an inclusive environment to work on the Code of Conduct “owned” by MPs.
Olena Sotnyk:
“Holding this position, we as MPs have to realize the significance and responsibility of each of our action, word and decision. Ethical conduct is not only about being polite and respectful; it is also about legitimacy and importance of the parliament and parliamentarians for the society”
Svitlana Zalishchuk:
“We believe that these ethical standards must be adopted in one way or another. Why? Firstly, because of the fact that our parliamentary committees are often headed by people who represent business (“Ukrzaliznytsia” – i.e. in the transport committee). This is unacceptable. The Ethical Code can solve it. Secondly, when MPs actually register their laws, in spite of the fact that the alternative one already exists for a year or two… This is such a selective legislation. Why? Because there is a solidarity. Then, some laws are given a green light, and some laws are shown a red flag. The Code of Conduct can solve it. And the last. I believe that the parliament simply has to show that ordinary people work here, the same people of whom the society consists, that has chosen us. Otherwise, I suspend that this parliament, just like the previous one, will simply be withdrawn”
Alyona Shrum:
“Most of the MPs are now talking about European integration and are shouting about European values. But European integration is not only laws, economic norms and some papers. It is, above all, the code of conduct, dignity, kindness, mutual understanding, and mutual respect. These are the rules of freedom”
Yuriy Miroshnychenko:
“It’s for a reason that now we are not talking about the law-making process, which regulates the life of society, but we are talking about an equally important issue of ethics, those rules of behavior that people should accept voluntarily, as no laws, including the Law “On the Rules of Procedures”, can not restrain mutual hostility, mutual offenses, and sometimes even frantic fights”
“If we, the MPs, will not be able to behave with dignity, to eliminate the conflict of interest in our actions, to treat as a matter of principle the rules of procedures violations and other laws, we cannot rely on the help and support of the society and the world to the Parliament and to Ukraine”
Declaration of Intent has fixated the necessity to regulate issues of parliamentary ethics and the initiative of MPs to actively participate in working out the ethical norms. MPs who participated in the briefing signed the Declaration and encouraged their colleagues to join.
The activity takes place in the framework of the Agency for Legislative Initiative Project “Promoting Democratic Political Culture in Verkhovna Rada through Political Dialog and Ethical Standards”, which is being implemented with support from the MATRA Program (Embassy of the Kingdom of the Netherlands) and in partnership with the ODIHR OSCE Project “Strengthening Dialogue among Civil Society and with Key Governmental Stakeholders in Ukraine in Human Dimension”, the Dutch Institute for Multiparty Democracy, and with the assistance of the USAID Program “RADA: Accountability, Responsibility, Democratic Parliamentary Representation”.
Press Conference “Presentation of materials developed for the Parliamentary Code of Conduct”
#EthicalRada
On February 3, the press conference “Presentation of Materials Developed for the Parliamentary Code of Conduct” was held and was attended by Svitlana Matviienko, Chairwoman of Board of the Agency for Legislative Initiatives, Igor Kogut, Director of USAID “RADA” Program, Kateryna Ryabiko, Project Coordinator of OSCE / ODIHR Project “Strengthening Dialogue among Civil Society and with Key Governmental Stakeholders in Ukraine in Human Dimension”, Ostap Yednak, Member of the Parliament of Ukraine, and Serhiy Leshchenko, Member of the Parliament of Ukraine.
At the press conference, the first developments were presented based on operation of the dialog platform, which was established to discuss ethical dilemmas and ensure an inclusive process of developing the Parliamentary Code of Conduct, the “owners” of which are Members of the Parliament themselves. During the press conference, the MPs also presented a declaration of intent on development of the Parliamentary Code of Conduct.
Svitlana Matviienko noticed:
“Trust in political institutions is a key element of their legitimacy. This is especially true about the Parliament as a representative body. The confidence in the Verkhovna Rada of Ukraine in recent years is unprecedentedly low. To a large extent this is due to public perceptions of questionable ethical principles of the people’s representatives”
Igor Kogut emphasized that the process of dialogs on the parliamentary ethics should focus on consideration of ethical dilemmas, which will result in common, clear, and acceptable to all parliamentary standards of professional ethics. MPs themselves should agree on parliamentary ethics principles, within which they will be able to fulfill their mandate and be accountable to voters.
Kateryna Riabiko said:
“Many people when referring to parliamentary ethics limit that to regulation of behavior in the session hall. This issue is certainly important for the image of the Parliament as a whole, but the definition and regulation of parliamentary ethics include a much wider range of issues, including conflict of interest and hidden lobbing, as well as transparency of parliamentary privileges and benefits, asset declaration, etc”
MP Ostap Yednak, who participated in all workshops in the framework of the project, noted that the key to this process is the dialog:
“Parliamentary ethics is the MP’s political responsibility. We have to learn the culture of the political dialog in order to have trust and support from citizens. The level of culture and ethics in the Parliament are determined by the level of the institution’s respect for each other. I think that a law will not solve the problem, and therefore it should be an in-house parliamentary manifesto”
When presenting the declaration of intent on development of the Parliamentary Code of Conduct, MP Serhiy Leshchenko said:
“In our work as MPs we guarantee compliance with the principles of transparency, accountability, avoiding conflicts of interest, tolerance, and respect for human rights”
Serhiy also urged MPs to join the initiative and sign the declaration of intent to participate in the process of adopting the Parliamentary Code of Conduct.
The activity takes place in the framework of the Agency for Legislative Initiative Project “Promoting Democratic Political Culture in Verkhovna Rada through Political Dialog and Ethical Standards”, which is being implemented with support from the MATRA Program (Embassy of the Kingdom of the Netherlands) and in partnership with the ODIHR OSCE Project “Strengthening Dialogue among Civil Society and with Key Governmental Stakeholders in Ukraine in Human Dimension”, the Dutch Institute for Multiparty Democracy, and with the assistance of the USAID Program “RADA: Accountability, Responsibility, Democratic Parliamentary Representation”.
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.
New Draft Laws Appeared on the Public Bills Discussion Portal
The first three draft laws appeared for discussion on the Public Bills Discussion Portal, launched in November, 2016, with the support of USAID RADA Program: Responsible, Accountable, Democratic Assembly, implemented by the East Europe Foundation, at the initiative of Computer Systems Office of the Verkhovna Rada of Ukraine Secretariat, namely Draft Law 2295a On Public Hearings and Draft Laws 5144 and 5144-1 On Lobbyism.
We urge all interested parties to contribute to the discussion of the draft laws en bloc or their individual provisions!
The Public Bills Discussion Portal allows citizens to get acquainted with the bills that are to be submitted to the Verkhovna Rada of Ukraine and are under consideration by parliamentary committees, as well as participate in their discussion.
The Public Bills Discussion Portal was developed in response to the recommendations of the European Parliament concerning internal reforms of the Verkhovna Rada of Ukraine in order to improve its institutional capacity and encourage wider public involvement in the legislative process.
Analytics: Reforming Parliamentary Procedures
On November 22, 2016, the Committee on Legal Policy and Justice of the Verkhovna Rada of Ukraine held a roundtable discussion on “Reforming Parliamentary Procedures: Constitutional and Legal Analysis”.
The event was held jointly by the VRU Committee on Legal Policy and Justice, Committee on Rules of Parliamentary Procedure and Support to Work of the Verkhovna Rada of Ukraine in cooperation with the Agency for Legislative Initiatives and the USAID RADA Program: Responsible, Accountable, Democratic Assembly.
The roundtable was attended by MPs of Ukraine, public authorities, NGOs, academics and experts.
According to the results of the roundtable, the experts of the Agency prepared a policy brief.
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.