Ukraine’s Path to the EU: Coalition of NGOs Holds a Discussion on Key Findings from the Shadow Report on Chapter 23 “Justice and Fundamental Rights”

During the event, the heads of judicial and anti-corruption bodies shared their vision of the current state and next steps in Ukraine’s integration into the EU in terms of justice, fighting corruption and ensuring fundamental rights, and discussed it together with representatives of the civil sector and international partners.

Olha Stefanishyna, Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine – Minister of Justice of Ukraine, stressed that cooperation with civil society was the basis of reforms bringing Ukraine closer to EU membership.

“This is a unique format when the government joins the presentation of the Shadow Report, which was developed by Ukrainian civil society. Such cooperation has already enabled the achievement of what was considered impossible a few years ago, and I always say that changes aimed at establishing the rule of law are a requirement of Ukrainian society, which is the biggest watchdog of all transformation processes in the country. So, of course, we have to take into account the recommendations mentioned in the Report. After all, our goal is not only to join the EU but also to consolidate European principles and values in legislation, institutions, and our thinking. State institutions will not be as effective in achieving these goals without the support, criticism and interaction with the public”
Olha Stefanishyna
Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine – Minister of Justice of Ukraine

For her part, Katarina Mathernova, Ambassador of the European Union to Ukraine, noted the uniqueness of discussions on Chapter 23’s fundamental issues in the context of Ukraine’s existential war. Ms Mathernova thanked the study’s authors and the organisations that had performed extensive work on drawing up this Report and stressed its role in Ukraine’s European integration process.

“The reform of the judiciary, and in a broader context, reforms related to the entire spectrum of legal activity and the legal functioning of the state, are fundamental to Ukraine’s future in the European Union. Such reforms can only be implemented by a cohesive society, not by one government or another. I very much believe that such work and such reports will be prepared in the future not only on areas that are part of the cluster of fundamental issues but also on other issues. And Ukraine’s huge advantage in this regard is its professional civil society, which deals with completely different issues”
Katarina Mathernova
Ambassador of the European Union to Ukraine

Svitlana Matviienko, Executive Director at the Agency for Legislative Initiatives, noted that the ALI and its Coalition partners had done everything to ensure that the bilateral meetings were successful and that everyone had analytical and objective information collected with the involvement of a wide range of experts.

“It was a great honour for the Agency for Legislative Initiatives to receive an offer from the Pravo-Justice project to work on this Report, but it was even more honour to work in a coalition with Transparency International Ukraine, ZMINA Human Rights Centre, and to involve the Ukrainian Bar Association and the Tomorrow’s Lawyer in the justice section. When we published this report, we were pleased to receive both critical and positive feedback. We are handling all the critical feedback because, as you know, everything begins and ends with Chapter 23. No matter how many years Ukraine has been on its way to the EU, we will start with this chapter and end with this chapter”
Svitlana Matviienko
Executive Director at the Agency for Legislative Initiatives

The discussion under the Justice pillar focused on the Strategy for Sustainable Development of the Judiciary, capacity building of key judicial institutions, and cooperation between civil society organisations and governmental authorities to successfully implement the EU integration roadmap. The discussion panel was moderated by Karina Aslanian, Head of the Rule of Law at ALI, and Rasim Babanly, First Deputy Chief of Staff of the Supreme Court.

The speakers of this panel were Stanislav Kravchenko, President of the Supreme Court; Dmytro Lukianov, Deputy Chair of the High Council of Justice; Andrii Pasichnyk, Chair of the High Qualification Commission of Judges of Ukraine; Viktor Horodovenko, Judge of the Constitutional Court of Ukraine; Iryna Mudra, Deputy Head of the Presidential Office; and Viktoriia Litvinova, Deputy Prosecutor General.

Rasim Babanly spoke about the September EU-Ukraine bilateral session, which was dedicated to negotiating Chapter 23 in Brussels as part of the screening of Ukrainian legislation for compliance with EU legal norms.

“The screening process showed that the EU requirements are quite specific. The European Commission asked the Ukrainian authorities a long list of questions, which we answered. In the same process, there was a so-called self-screening. During the negotiations, the authorities were expected not only to show the current state of regulation of certain things but also to identify the problems and how to solve them. It is important to understand that Ukraine, its citizens, and civil society are the ultimate beneficiaries of the integration process and its preparations. Ultimately, the beneficiaries are the authorities themselves, which can improve themselves in this process”
Rasim Babanly
First Deputy Chief of Staff of the Supreme Court

Iryna Mudra emphasised the importance of cooperation between civil society and authorities in moving towards a common goal – the European future of Ukraine. She also highlighted the key points of the draft Strategy for the Development of the Justice System and Constitutional Justice, which was developed based on an analysis of the current state of the judiciary and the justice system as a whole. Iryna Mudra also noted that the Strategy contained measures to address many of the issues highlighted in the Shadow Report.

“You already know that the Presidential Office has prepared a draft Strategy for the Development of the Justice System and Constitutional Justice for a period of five years. It is very important to have a unified strategy for the development of the justice system. Given the existing capacity of our governmental authorities and the synergy between the government and civil society, of course, with the help of our international partners, it will yield the result we expect to meet the demand of our society for justice and, accordingly, the request of the European Union to become a full member of the big European family”
Iryna Mudra
Deputy Head of the Presidential Office

Stanislav Kravchenko spoke about the readiness of Ukrainian judicial practice to harmonise with European legislation and practice, the role of the Supreme Court in this, and generally about the stage at which Ukraine is in this process.

“We clearly understand that the justice system in the country either works or does not work. And this will be the main measure of whether we are a democratic country. Our priority now is to ensure the unity of judicial practice and access to justice, as society expects consistent movements and clear rules and, obviously, for a longer period than it is now. I am grateful for the work done on this Report. You may like or dislike something, but there is an understanding that we will definitely achieve a better result when we consider all positions. The opinion of the entire legal community and Ukrainian society is very important to us”
Stanislav Kravchenko
President of the Supreme Court

Dmytro Lukianov shared his experience in the EU-Ukraine negotiation process and spoke about further risks faced by the High Council of Justice in its work.

“The High Council of Justice is involved in many processes that are necessary for the judiciary: appointment of judges, disciplinary liability, secondment of judges and approval of regulations. Accordingly, ensuring the continuity of the HCJ becomes a key condition for implementing reforms in all these areas. Currently, our composition is incomplete: out of 21 members of the High Council of Justice, we have 17 members, which means that we are four HCJ members short. The European Commission has drawn attention to this. It also noted that the terms of office of two HCJ members would soon expire, and we would be left with 15 members, the minimum quorum established by the Constitution for exercising all HCJ powers. In the conditions of war and unpredictable circumstances in which we exist, this creates risks of having an incompetent body at any time and, accordingly, all these processes in which the HCJ is a necessary subject of making certain decisions will be stopped”
Dmytro Lukianov
Deputy Chair of the High Council of Justice

Andrii Pasichnyk spoke about the results of the selection procedure carried out by the High Qualification Commission of Judges of Ukraine to solve the judiciary’s staffing problems and the progress made in fulfilling international obligations in the process of European integration.

“I would like to thank the organisations that created the Shadow Report – it is a really thorough analytical document, and I am sure that it will have a serious impact on the justice system in Ukraine in the near future. Indeed, the tasks currently facing both the Commission and the state as a whole are not trivial. I would like to note that the Commission has already completed some of these tasks: about 400 people have received recommendations for appointment as first-instance judges, the relevant orders have already been issued, and the judges have taken the oath. We also plan to complete the qualification exam for the courts of appeal this year and to conduct interviews in 2025. If everything goes well, I think that by the end of next year, we will be able to provide recommendations for the appointment of judges to the courts of appeal”
Andrii Pasichnyk
Chair of the High Qualification Commission of Judges of Ukraine

Viktor Horodovenko shared his vision of the role of the Constitutional Court in the process of European integration. In particular, he spoke about the challenges related to the Court’s institutional capacity in the context of a full-scale invasion.

“The mission of the Constitutional Court is to stand guard over the Ukrainian Constitution and to be the guardian of Ukrainian statehood. The Ukrainian Constitution stipulates that our country is a democratic state, and democratic institutions must be protected even in the face of a full-scale war. This can only be achieved through the institutional capacity of the Constitutional Court, but, unfortunately, this problem remains unresolved, as we lack a large number of judges in the Constitutional Court. Even now, in the absence of a Roadmap, this Shadow Report is helping government agencies. And the Constitutional Court is no exception, as we have taken several extremely interesting and useful aspects from the Shadow Report when developing the Roadmap”
Viktor Horodovenko
Judge of the Constitutional Court of Ukraine

Viktoriia Litvinova highlighted the progress and challenges of the current stage of reforming the public prosecution service and the Prosecutor General’s Office in the context of European integration. In particular, she emphasised the important role of sustainable transformation of the law enforcement sector and prosecution authorities in bringing Ukraine closer to full EU membership.

“Comprehensive reform of the law enforcement and prosecution sectors is an important step towards Ukraine’s EU membership. And now we have started to actually implement the changes formulated in the strategic documents”
Viktoriia Litvinova
Deputy Prosecutor General

Yevhen Krapyvin, an expert of the Tomorrow’s Lawyer NGO, shared his vision of prosecution reform. Daria Pysarenko, Executive Director at Tomorrow’s Lawyer NGO, also spoke about the need for systemic reform of the bar.

In addition, during the thematic panel, a Q&A session was held with the participants of the event, namely representatives of organisations from the Coalition of NGOs that drew up the Shadow Report, the expert community and representatives of relevant judicial institutions. The questions covered the following aspects:

  • Development and support of prosecutorial self-government;
  • Accountability of the bar and bar self-government bodies to the lawyers themselves and to the public;
  • Institutional capacity of the judiciary, in particular, the functioning of advisory bodies – the Ethics Council and the Selection Commission for Selecting Members of the HQCJ;
  • News on the Unified Judicial Information and Telecommunication System (UJITS).

For reference. The Shadow Report prepared by experts from relevant NGOs led by the Agency for Legislative Initiatives includes the following sections:

  • Judicial reform (Agency for Legislative Initiatives);
  • Combating corruption (Transparency International Ukraine);
  • Protection of fundamental rights and freedoms (ZMINA Human Rights Centre);
  • Reform of the public prosecution service (Tomorrow’s Lawyer);
  • Reform of the bar (Tomorrow’s Lawyer);
  • Legal education reform (Ukrainian Bar Association).

The Shadow Report was monitored, analysed and prepared in February – August 2024.

The report has been prepared with the financial support of the European Union within the EU-funded Project Pravo-Justice. Its contents are the sole responsibility of the Agency for Legislative Initiatives and other NGOs and do not necessarily reflect the views of the European Union.

ALI Presents Research on the Socio-Economic Situation in De-occupied Communities

The study encompasses the main trends in various spheres of de-occupied communities of Kherson Oblast based on the results of the analysis of data on the socio-economic situation in 17 communities, i.e., the entire de-occupied part of the oblast. The data set was collected based on five indicators: socio-demographic, infrastructure, financial, migration trends and cooperation.

Context. Back in 2023, the Agency for Legislative Initiatives, in cooperation with the Verkhovna Rada Committee on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning, studied the state of public services in the de-occupied communities of Kherson Oblast. During this study, the need to collect information beyond the issue of public services appeared, so ALI conducted an additional study to analyse the situation fully and identify interdependencies between the problems.

Oleksandr Zaslavskyi, Deputy Executive Director of the Agency for Legislative Initiatives, presented the study prepared at the request of the relevant Committee and stressed that such data was very much needed by stakeholders – both MPs responsible for legislation and government representatives developing public policies – to refer to substantiated data in their work.

Vitalii Bezgin, Chair of the Subcommittee on Administrative and Territorial Structure and Local Self-Government of the Committee on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning, stressed the critical importance of such research and the need for continued cooperation to scale it up:

“Any policy-making and decision-making is impossible without data because all the information available on communities as of 2021 is completely irrelevant. After all, we have different types of de-occupied territories, and the situation is very different there. That is why we need to continue this study and scale it up. I am convinced it should be on the desks of all representatives of the legislative and executive branches of government involved in reintegration policy”
Vitalii Bezgin
Chair of the Subcommittee on Administrative and Territorial Structure and Local Self-Government of the Committee on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning

Oleksiy Riabykin, Deputy Minister for Communities and Territories Development of Ukraine, noted that it was necessary to continue the study, and the Ministry was ready to help:

“Such studies are the basis not only for developing the legislative framework but also for strategic planning. We have many military challenges, but we should not stop planning our future, so such studies should definitely be scaled up”
Oleksii Riabykin
Deputy Minister for Communities and Territories Development of Ukraine

Tetiana Lukeria, an engaged analyst at the Agency for Legislative Initiatives, discussed the study’s key findings and recommendations. She also reminded that this was the second study covering Kherson Oblast – in July, ALI presented a study on public services, in which it measured the extent to which communities can provide residents with various types of services:

“This ALI study is a pilot, and we will expand such methods. Now, we cannot consider the full reconstruction and restoration of these areas, so we need to develop different approaches to ensure that people have the opportunity to receive services. At the humanitarian level, it is important to coordinate assistance based on the needs assessment of community residents, to prioritise social services and involve NGOs in their provision in matters of the restoration of services, and at the strategic level, to continuously monitor and model the data structure required for recovery planning”
Tetiana Lukeria
Engaged Analyst, Agency for Legislative Initiatives

Alina Zahoruiko, Deputy Chair of the Committee, Chair of the Subcommittee on Elections, Referendums and Other Forms of Direct Democracy of the Verkhovna Rada Committee on State Power, Local Self-Government, Regional Development and Urban Planning, noted the complexity and need for research on the socio-economic situation in the de-occupied communities:

“No good news. However, I have a cautious hope that such research will provide a good basis for developing the necessary strategies and policies that would improve the situation. After all, people living in de-occupied territories suffer the most, and protecting their interests is our top priority”
Alina Zahoruiko
Deputy Chair of the Committee, Chair of the Subcommittee on Elections, Referendums and Other Forms of Direct Democracy of the Verkhovna Rada Committee on State Power, Local Self-Government, Regional Development and Urban Planning

Dmytro Mykysha, member of the Verkhovna Rada Committee on State Power, Local Self-Government, Regional Development and Urban Planning, shared the findings of the study, which could potentially be developed further:

“For me personally, the most interesting thing was to hear that communities record how and who provides services. To ensure that all community residents receive services and that they are effective, not only state providers should be involved. When communities have detailed statistics, when they record it, they understand who their citizens interact with. This shows that we may already be moving towards a model of effective services for every community resident”
Dmytro Mykysha
Member of the Verkhovna Rada Committee on State Power, Local Self-Government, Regional Development and Urban Planning

The study “Analysis of the socio-economic situation in de-occupied communities: Kherson Oblast” is available here.

The event is held within the Parliamentary Accountability of the Security Sector in Ukraine (PASS Ukraine) project, which the Agency for Legislative Initiatives is implementing jointly with the Parliamentary Centre (Canada), in cooperation with the Verkhovna Rada of Ukraine, and with support from  Global Affairs Canada within the Peace and Stabilization Operations Program (PSOPs).

Status of Local Council Members — Presentation of the Study

ALI analysed the issues of legislative support for the status of local council members at the Committee’s request to further develop legislative changes in this area. The study includes an analysis of the practices of applying the current legislation during the 2020 elections, as well as the results of a survey of local government representatives. 2,279 officials from different regions of Ukraine participated, of whom 94.7% are representatives of local governments and 67.2% have experience as local council members.

Oleksandr Korniienko, First Deputy Chair of the Verkhovna Rada of Ukraine, noted that the findings of the research by the Agency for Legislative Initiatives are needed to develop the concept of a new law “On the Status of Local Council Members”:

“Decentralisation and regional development are based on local authorities elected at elections. Therefore, it is very important to work within the context of their status, their rights and responsibilities, and the approaches in which local authorities should operate. Of course, this should be in line with the process of European integration. The approach of the Committee on State Power, Local Self-Government, Regional Development and Urban Planning is to rely on figures, facts and research. And this is the right thing to do. We will definitely continue to work with the data presented today; in particular, we will discuss it during meetings with communities in the regions”
Oleksandr Korniienko
First Deputy Chair of the Verkhovna Rada of Ukraine

Vitalii Bezgin, Chair of the Subcommittee on Administrative and Territorial Structure and Local Self-Government of the relevant Committee of the Verkhovna Rada, stressed the importance of returning to this topic in the Committee’s work. After all, many issues have accumulated in this area, and they will arise in the negotiation framework for European integration in the context of transparency of functioning.

“I hope that the ALI study will form the basis of legislative regulation. After all, this is a very important topic, in particular, given the priorities of the Committee’s work on self-government – in addition to the issues of implementing supervision and separation of powers, which will be key in 2025”
Vitalii Bezgin
Chair of the Subcommittee on Administrative and Territorial Structure and Local Self-Government of the relevant Committee of the Verkhovna Rada

Olena Boiko, an engaged expert at the Agency for Legislative Initiatives, presented the main results of the study and key recommendations for legislative improvement of the status of local council members.

“It is worth talking not only about the study of the results, qualitative and quantitative analysis of the survey but also about drawing certain conclusions about the current challenges in the context of the study, which became the basis for the recommendations. After all, there are still many aspects that the law does not address. Among the global challenges, and this is understandable, is Russia’s military aggression. 47% of our respondents said that the legal regime of martial law had a direct impact on the work of local councils, as it meant changing the areas of work, problems with quorum and organisation of meetings, local budgets, occupation of the territory, migration, etc”
Olena Boiko
Engaged expert, Agency for Legislative Initiatives

Oleksandr Zaslavskyi, Deputy Executive Director of the Agency for Legislative Initiatives, stressed that such a study was the basis of evidence-based policy in the context of local self-government.

“We must remember that Ukraine is a democracy at war. And MPs are representatives of democratic institutions whose viability is under significant pressure today. We are working in an environment that encourages us to preserve our achievements and continue to improve them. This is exactly what the ALI study addresses – the need to improve the status of local council members”
Oleksandr Zaslavskyi
Deputy Executive Director of the Agency for Legislative Initiatives

Olena Zhuk, Head of the Zaporizhzhia Oblast Council and Vice President of the Ukrainian Association of Raion and Oblast Councils, spoke about the challenges in Zaporizhzhia Oblast related to gaps in the current legislation. In particular, this concerns the early termination of powers for local council members in frontline communities due to cooperation with the occupation authorities and the lack of appropriate regulation of this issue.

Yaroslav Raboshuk, Deputy Executive Director of the All-Ukrainian Association of Local Governments “Association of Ukrainian Cities” and Head of the Think Tank, noted that the study should be divided into two parts – those problems and fundamental issues that need to be addressed now, according to the results of the study, and conceptual issues that can be considered later.

Yurii Kotok, acting Head of the Department for the Development of Local Self-Government, Territorial Organisation of Power and Administrative and Territorial Structure of the Ministry for Communities and Territories Development, stressed the significant changes that require the creation of relevant tools to regulate the status of local council members. After all, with the beginning of Russia’s full-scale aggression, the problems of representative democracy have become much more acute at the local level.

Serhii Sharshov, an expert on the Legislation for the ATC Platform of the All-Ukrainian Association of Local Governments “Association of Amalgamated Territorial Communities,” focused on the archaic nature of the existing mechanisms for regulating local government activities, especially in the context of the status of local council members.

The event was part of the project “Parliament and Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements with the Parliamentary Centre (Canada), in cooperation with the Verkhovna Rada of Ukraine, and with support from Global Affairs Canada within the framework of the Peace and Stabilization Operations Program (PSOPs).

ALI Joined the Discussion on Decentralisation and Regional Development

On October 3, 2024, the Agency for Legislative Initiatives in cooperation with the Committee of the Verkhovna Rada of Ukraine on State Building, Local Governance, Regional and Urban Development held a panel discussion “Platform for Territorial Development: Decentralisation and Regional Development”, the purpose of which was to discuss the priorities and formats of interaction between the expert environment and state authorities.

The interaction of civil society organisations with the authorities, including the parliament, is one of the important principles of any democratic society. And in the conditions of the ongoing war, even despite certain limitations, the Verkhovna Rada should strengthen its agency, promote and develop various tools and practices of interaction with other state authorities, and use all available resources more effectively.

The event was opened by the First Deputy Chairman of the Verkhovna Rada of Ukraine, Oleksandr Korniyenko. He emphasised the need to hold discussions that will help to actualise problematic issues, and most importantly, to consolidate the efforts of all parties for what can be resolved even under martial law.

“Now is a very burning moment when something can be systematically changed in our joint work, and I am glad to have the opportunity to hold a meaningful conversation with representatives of various institutions and organisations dealing with the topic of regional policy and decentralisation processes. At this stage, it can and should help us — update current tasks, prepare to work out things for implementation after the end of the war, maintain communication on priority issues. Let us develop and seek such opportunities — and work on what we can do in this convocation”
Oleksandr Korniyenko
First Deputy Chairman of the Verkhovna Rada of Ukraine

The event was attended by the First Deputy Chairman of the Verkhovna Rada of Ukraine Oleksandr Korniyenko; MP’s of the Committee of the Verkhovna Rada of Ukraine on State Building, Local Governance, Regional and Urban Development; an invited analyst from the Agency for Legislative Initiatives, Tetiana Lukeria; expert on local self-government and regional policy Yuriy Tretiak; director of science and development of the CSO “Civil Society Institute” Anatoliy Tkachuk; director of the Institute of Territorial Development Yuriy Hanushchak; head of regional programs, deputy head of the advocacy and international relations department, Public Union “Reanimation Package of Reforms Coalition” Yuriy Mykytyuk; an independent expert Olena Boyko, as well as representatives of the donor community. Taras Khavunka, Head of the Lviv Regulatory Hub, acted as moderator.

Tetiana Lukeria presented the experience of various countries regarding the cooperation of authorities and civil society, various models, formats and tools of such cooperation — so that the lessons learned would be useful for state decisions.

“The Agency for Legislative Initiatives, like 10 years ago, conducts research on the mechanisms of participatory democracy in different countries. Both our and international experience show the critical need for two things: on the one hand, it is awareness of the need for cooperation on the part of the authorities, and even more — their leadership in this process. And on the other hand, the professionalism and expertise of the institutions involved in the development of legislative decisions and state policy. Therefore, the leadership of the parliament in such a matter is extremely necessary and important”
Tetiana Lukeria
Invited analyst at the Agency for Legislative Initiatives

Yuriy Tretyak emphasised that this event is important not only in the context of discussing current challenges, but also because the past two years have seen a certain regression in this area, despite the fact that Ukraine has correctly built a framework for regional policy.

Anatoliy Tkachuk emphasised the priorities of building an ecosystem of cohesion, because the aggression of the russian federation has caused irreparable damage, foremost, to the human potential of Ukraine. That is why it is important to conduct a policy that will be sensitive in the context of the value of human life.

Yuriy Hanushchak noted that the organisation of public governance at the local level still remains at an unsatisfactory level — and therefore will require reform at the level of organisational powers that ensure legitimacy, institutional stability and responsibility of local authorities to the community.

Yurii Mykytiuk highlighted the importance of normalising interaction between specialised state bodies and institutions with an expert environment. And Olena Boyko spoke about the prospects for the further development of the reform and the existing platforms for interaction with the authorities, which should be preserved. After all, for the post-war state, it will be important to unite people and show that even amid the war challenges, the state can care about them — primarily because of the quality of public services. And this is impossible without an obvious condition — further consolidation at various levels of government and qualitatively organised work at the community level.

 

The event was held by “Parliamentary Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements together with the Parliamentary Centre in cooperation with the Verkhovna Rada of Ukraine and with the support of Global Affairs Canada as part of Peace and Stabilization Operations Program (PSOPs).

Role of Legal Education in Shaping Legal Understanding: ALI Holds Expert Discussion of the New Study

Context. Understanding the nature of law and its role and importance in society shapes the worldview of legal professionals, and their foundations are laid during their studies at higher education institutions. This worldview and understanding of the essence of law affect how lawyers act in practical life situations. We are talking about the daily activities of judges, prosecutors, attorneys, and other legal professionals. Thus, it is important to explore what role modern legal education plays in the process of shaping students’ understanding of law in general.

During the event, participants discussed the research issues, in particular how the legal understanding of law students is shaped and changes during their studies and the factors that influence it.

Volodymyr Skrypets, analyst at the Agency for Legislative Initiatives, moderated the discussion. He thanked the invited researchers for their expert examination and assistance to the Agency during the research, namely organisational, methodological and consulting.

Alina Makhno, an invited analyst at ALI, spoke about the study’s results, key findings, and recommendations.

“Understanding the essence of law affects the way lawyers act in practical situations: how they resolve disputes, what principles they follow when making decisions, providing legal advice or performing other professional duties. Therefore, we focused on finding out how students perceived the law, what place law and legal education occupied in their lives, and what legal instruments they were more likely to use. These aspects were assessed in the context of the role of legal education in this process”
Alina Makhno
Invited analyst, ALI

Mykola Koziubra, Doctor of Law, Professor, and Judge of the Constitutional Court of Ukraine (1996–2003), stressed the relevance of the student survey, the urgency of the issues, and the importance of continuing such study.

“Speaking about the prospects of the study, from my point of view, it very much deserves to be continued. To reach more students, formulate the questions in a slightly different way. Currently, we have a general picture: the types of legal understanding the students adhere to, what they consider a priority in their studies and what they are generally guided by. They needed to be asked these questions to understand how they think; to investigate whether they need to put more emphasis on something to make their understanding of law truly holistic”
Mykola Koziubra
Doctor of Law, Professor, Judge of the Constitutional Court of Ukraine (1996–2003)

Oleksii Tseliev, PhD in Law, Associate Professor, drew attention to the need to scale up the study and involve a wider number of legal professionals.

“The idea of the study is still quite fresh, although original. And it is very timely, because such ideas inspire us to look for examples and formulations that would correspond to our vision of various legal concepts. They encourage reflection and search. That is why such projects need to be scaled up for further use and as an example of scientific imitation. After all, the overall picture of legal understanding may change over time, and it may be possible to show that the study not only recorded current trends but also prompted the necessary changes”
Oleksii Tseliev
PhD in Law, Associate Professor

Yuliia Matvieieva, PhD in Law, emphasised the study’s tangible link to its potential impact on legal education in Ukraine.

“From the perspective of potential changes, the study prepared by the Agency for Legislative Initiatives is very relevant. We now realise that legal education needs to be reformed and, most importantly, improved. However, it is necessary to prepare a stable basis for this purpose, in particular, to find answers to the questions that we can already call classical, which will somehow influence the decision-making process of future jurists. Therefore, the importance of this study is obvious, and its conclusions prompt great reflection on changes in approaches to legal education”
Yuliia Matvieieva
PhD in Law

Volodymyr Venher, Dean of the Faculty of Law at the National University of “Kyiv-Mohyla Academy,” PhD in Law, Associate Professor, highlighted the opportunities for development and further work with the ALI study.

“When we talk about changes, whether reforms or other innovations, it is important to maintain a balance between form and essence. After all, reforms based on form without touching the essence will never be effective. From this standpoint, the ALI study is very important. After all, the lack of a clear understanding and clear answers to the pressing issues of the legal ecosystem is what keeps us in the past. That is why it is worth going further, deepening our legal vision”
Volodymyr Venher
Dean of the Faculty of Law at the National University of “Kyiv-Mohyla Academy,” PhD in Law, Associate Professor

Based on the discussion results and after considering the experts’ comments, the study of the Agency for Legislative Initiatives will be finalised and sent to higher education institutions and relevant government agencies for further review and incorporation into their work.

Coalition of CSOs Presents Shadow Report to the European Commission on Chapter 23, “Justice and Fundamental Rights”

A coalition of CSOs — Agency for Legislative Initiatives, Transparency International Ukraine, Human Rights Center ZMINA, Tomorrow’s Lawyer Program and Ukrainian Bar Association — presented the Shadow Report to the European Commission on Chapter 23, “Justice and Fundamental Rights” of the European Commission’s Report on Ukraine in 2023.

This is the first report that Ukraine’s civil society sector has prepared for the European Commission since Ukraine became an EU candidate. The Shadow Report highlights the views of Ukrainian civil society, representatives of the legal community and experts active in the field of justice. The report analyses the progress made in the areas of the rule of law, the fight against corruption and the protection of fundamental human rights and freedoms, identifies weaknesses and gaps, and provides recommendations on what needs to be done on the Ukrainian side.

“This Shadow Report offers a more holistic and transparent vision of the progress of reforms in Ukraine. It is an important tool for preparing for the EU accession negotiations — for both the Ukrainian side and the EU. The Shadow Report has been made available to the Ukrainian authorities and the Ukrainian delegation that will participate in bilateral meetings on Chapter 23 next week”
Oksana Tsymbrivska
Team Leader of the EU Project Pravo-Justice

Representatives of the European Commission praised the level of preparation of the Shadow Report, noting that its findings would definitely be used.

“I have never seen such a solid report prepared by civil society — not in any country I have worked in before. We will use this report when formulating our recommendations for the screening report, as well as when considering the draft roadmap of rule of law reforms that Ukraine will need to prepare to move forward on the path to EU accession. And, of course, these materials will be used to set benchmarks for the accession negotiations. So the report is very timely in terms of our work with Ukraine”
Manfredas Limantas
Sector Manager for Rule of Law and Anti-Corruption with the EU Delegation to Ukraine

In its part of the report, the Agency for Legislative Initiatives emphasised the need to adopt a judicial reform strategy. Today, unfortunately, Ukraine does not have it as a single approved document. The reform is being implemented under pressure from the public and international partners. Only now, the Presidential Office of Ukraine has developed and sent a draft Strategy for the Development of the Justice System and Constitutional Justice for 2024-2029 to the main judicial bodies and some representatives of the non-governmental sector for suggestions and comments. This draft Strategy needs to be substantially revised, and the ALI is already preparing its proposals.

“We made a brief analysis of this document and identified problems. First and foremost, the document violates the independence of the judiciary in some areas of reform. Secondly, it does not contain a list of current problems but instead describes how and what needs to be reformed. But what is the purpose of such changes if it does not specify what specific problems they solve? And thirdly, many of the Strategy’s points are not really a strategy”
Karyna Aslanyan
Judicial Reform Project Lead of the Agency for Legislative Initiatives

In his turn, Manfredas Limantas expressed hope that the recommendations of civil society would be taken into account by the Presidential Office of Ukraine to improve the Strategy.

Yevhen Krapyvin, an Expert of Tomorrow’s Lawyer Program and the Center for Political and Legal Reforms, focused on problems and recommendations for solving them in Ukraine’s prosecution system. The speaker emphasised the need for the prosecutor’s office and the Prosecutor General to be independent, particularly from political influence, and the development of institutions that should ensure this independence.

“The prosecutor’s office in Ukraine has developed significantly since the Revolution of Dignity — prosecutors have become more independent, in particular through the functioning of prosecutorial self-government. At the same time, there are still issues of quality recruitment, especially for senior positions, responding to threats to independence, depoliticising the procedure for appointing/dismissing the Prosecutor General, etc. All of these things are found in the recommendations of the EU, the Council of Europe, GRECO and other organisations. The Shadow report should provide the European Commission with a broader picture of the state of development of the prosecution service as an institution of justice, complementing the report of the official delegation”
Yevhen Krapyvin
Expert of Tomorrow’s Lawyer Program and the Center for Political and Legal Reforms

Daria Pysarenko, Director of the Tomorrow’s Lawyer Program, presented the main conclusions, problems and recommendations to the section on the Bar reform. In particular, she covered the issues of the legal status of the Bar, bar self-government, disciplinary liability — all aspects that characterise the current structure of the Bar.

“The Bar is an important element of the judicial system as such, but it is currently not transparent, accountable and controlled by the public and the legal community. Issues related to the election of representatives to the High Council of Justice, the need to re-elect bar self-government bodies and change the rules of election, monopolisation of continuous professional development, non-transparent procedures for access to the profession, and the risks of disciplinary abuse — in the current environment, the independence of lawyers is declared rather than respected. At the same time, the legal profession is a component of the justice sector, which will not be fully successful without an institutionally developed, independent bar association. Therefore, a detailed analysis of this area should become the necessary driver of change”
Daria Pysarenko
Director of the Tomorrow’s Lawyer Program

A full-fledged reform of the justice system is impossible without addressing the problems with legal education in Ukraine. Every year, Ukrainian universities graduate thousands of lawyers, but the quality of this education does not meet European standards. Ivan Gorodissky, Vice President of the Ukrainian Bar Association, presented civil society’s recommendations on the necessary changes in education.

“The irrelevance of legal education in Ukraine is primarily due to the special post-Soviet heritage, which, even in modern conditions, does not leave the projection of an outdated Soviet vision of the Law. Today, we must promote modern education focused on people — on the goal of justice. Of course, we should not forget about optimising the legal education system. That is why we propose to reform the financing of education in favour of grant proposals. This will not only reduce the burden on state resources but also increase the motivation of talented students who are the basis of the modern legal process”
Ivan Horodyskyy
Vice President of the Ukrainian Bar Association

Kateryna Ryzhenko, Deputy Executive Director for Legal Affairs of TI Ukraine, presenting the section on anti-corruption, stressed the need to improve anti-corruption legislation and the urgent need to take into account the shortcomings of the previous State Anti-Corruption Strategy and the State Anti-Corruption Programme in the process of developing new documents, as this process will begin very soon. As part of her presentation, Kateryna also mentioned the importance of fully restoring e-declaration and reporting by political parties.

“The fight against corruption is a complex issue. The recommendations we have provided are very specific and applied, but they comprehensively cover the areas related to preventing and fighting corruption. We have been talking about some of the issues raised for a long time, but there are also those that have arisen in the course of negotiations with the European Union”
Kateryna Ryzhenko
Deputy Executive Director for Legal Affairs of TI Ukraine

Tetiana Pechonchyk, Head of the Human Rights Center ZMINA, spoke about the main challenges to the observance of a wide range of human rights in Ukraine, which Ukraine will have to overcome on its way to the EU.

“The peculiarity of the Ukrainian situation is that the country is undergoing a European integration transformation during a full-scale war, and in this regard, we have many problems that are unique to Ukraine and that other countries have not faced — how to ensure justice and punishment of war criminals given the enormous scale of the crimes committed, how to protect the rights of victims of russian aggression, including residents of the occupied territories. We hope that the issues of human rights in the context of deoccupation and reintegration will also be in the EU’s focus”
Tetiana Pechonchyk
Head of the Human Rights Center ZMIN

Tetiana Pechonchyk also drew attention to negative trends in the field of human rights protection, in particular, the intention to restrict access to information and decisions of the Unified State Register of Court Decisions through the draft law No. 7033d, which, despite the criticism of human rights activists, was adopted by the Verkhovna Rada as a basis.

The monitoring, analysis and preparation of the Shadow Report were carried out in February-August 2024. The full text of the report has already been published in Ukrainian and English.

The report has been prepared with the financial support of the European Union within the framework of the EU Project “Pravo-Justice”. Its contents are the sole responsibility of the Agency for Legislative Initiatives and other civil society organisations and do not necessarily reflect the views of the European Union.

 

ALI Held a Seminar on Principles and Practices of Gender-Sensitive Legislative Impact Assessment for the Verkhovna Rada

On August 29, 2024, the Agency for Legislative Initiatives, together with the Parliamentary Centre (Canada), held a seminar for representatives of the Verkhovna Rada of Ukraine on the principles and practices of “Gender-Sensitive Legislative Impact Assessment: Canadian Experience and Prospects for Implementation in Ukraine.”

First Deputy Chairperson of the Verkhovna Rada of Ukraine Oleksandr Korniyenko opened the seminar and emphasised the importance of introducing such tools as legislative impact assessment and gender-sensitive analysis of draft laws into Ukrainian parliamentary practice:

“The principles of inclusiveness, equality and diversity should be taken into account when developing legislative initiatives. This is important both in the context of implementing the internal reform of the parliament and in fulfilling our European integration commitments. Therefore, the introduction of a gender-sensitive legislative impact assessment is one of the priority tasks for the Verkhovna Rada of Ukraine today”
Oleksandr Korniyenko
First Deputy Chairperson of the Verkhovna Rada of Ukraine

Senior Project Manager at the Parliamentary Centre of Canada Anastasia Shtaltovna stressed that advocacy for gender equality is a constant priority for the Parliamentary Centre (Canada). She also thanked the ALI and the Verkhovna Rada for their ongoing cooperation in this area.

The event’s speakers were Oleksandr Zaslavskyy, Director of the analytical department at the Agency for Legislative Initiatives, and Rick Stewart, Executive Director of the Regulatory Governance Initiative and Co-Director of the Regulatory Career Development Programme at the School of Public Policy and Management at Carleton University (Canada).

Rick Stewart spoke about the principles and practice of legislative impact assessment and gender analysis (GBA+). The participants also discussed with the speaker the prospects of implementing gender-sensitive impact assessment in the Verkhovna Rada:

“Gender-sensitive analysis is an important aspect of another tool of parliamentary practice — legislative impact assessment. The effective application of these mechanisms can actually work to create policies that provide equal access to services and opportunities. After all, comprehensively predicting and evaluating how different people look at information and changes provided by this or that law is the main value in these processes”
Rick Stewart
Executive Director of the Regulatory Governance Initiative and Co-Director of the Regulatory Career Development Programme at the School of Public Policy and Management at Carleton University (Canada)

Oleksandr Zaslavskyy told the participants of the training about the application of gender analysis through the experience of Ukraine and EU standards:

“Gender analysis is not a separate but a cross-cutting element in the decision-making system in Western democracies, which is an unconditional requirement of the European Union for Ukraine. Combined with legislative impact assessment, it makes it possible to determine how a particular decision may affect different people — and this requires the formation of a whole worldview in the decision-making process. I want to emphasise that these are not alien topics for the Ukrainian Parliament. In fact, one of the key activities of our project is piloting, adapting and institutionalising the gender-sensitive impact assessment methodology in the Verkhovna Rada of Ukraine”
Oleksandr Zaslavskyy
Director of the analytical department at the Agency for Legislative Initiatives

The event was held by “Parliamentary Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements together with the Parliamentary Centre in cooperation with the Verkhovna Rada of Ukraine and with the support of Global Affairs Canada as part of Peace and Stabilization Operations Program (PSOPs).

Problems and State of the Social Services Sector in Ukraine: ALI Holds a Presentation of the Research

Concept of the research. The research identifies problems in the social service system and recommendations that will help solve them. The research consists of several parts and was conducted in several stages: analysis of Ukrainian legislation and international experience; semi-structured in-depth interviews with representatives of local governments, social protection agencies, municipal providers and experts – 30 interviews; focus group discussions with representatives of NGOs and charitable foundations – 12 focus groups.

Context. In Ukraine, the social service sector has become particularly important, as the challenges for the social sector increase significantly during the full-scale war. In 2022–2023, Ukraine’s position in the global Social Progress Index deteriorated significantly: in 2021, Ukraine ranked 48th (out of 168 countries), in 2022 – 52nd (out of 169 countries), and in 2023 – 59th out of 170 countries. That is why the social sector needs to change, improve approaches and make social services more accessible to all social groups. At the same time, the challenges in the social sector are only increasing – the full-scale invasion has exacerbated existing problems and revealed all the systemic shortcomings that have been accumulating over the years.

At the event, participants discussed the main challenges of the social service system in Ukraine and recommendations developed by the Agency for government agencies, local governments, and NGOs.

Oleksandr Zaslavskyi, ALI Head of Analytics, stressed that this research was needed, inter alia, to develop more effective policies in the social sector:

“From the beginning, the research focused on de-occupied communities and those primarily affected by the war. We are convinced that the stability of Ukrainian society and its ability to resist directly depend on the state of this sector. After all, this is directly related to the sense of social justice: is the state able to help, protect and support vulnerable populations? Especially if their vulnerability is related to the war”
Oleksandr Zaslavskyi
Head of Analytics, ALI

Tetiana Lukeria, an involved ALI analyst, outlined the problems that the Agency had identified during the research and presented recommendations that will improve the quality and accessibility of services in communities:

“It is important to improve the capacity of communities to provide social services. Changes in legislation, financial procedures, the institutional component, and a focus on human-centred approaches – every component of this system needs to be reviewed. It is also necessary to realise that communities need flexible approaches to social service delivery, as they all have different conditions and, accordingly, different needs. And in a situation where the burden on municipal providers is increasing excessively, we also need to work to involve more representatives of the non-governmental sector in social service delivery”
Tetiana Lukeria
Invited analyst, ALI

Uliana Tokarieva, Deputy Minister of Social Policy of Ukraine, noted that the research was useful because it would help shape the strategy for social services that the Ministry was working on:

“In fact, when it comes to the social sector, it is important to get local governments involved in the discussion of social service delivery, and we need to understand how to help local governments properly organise the process of financing social services, their provision, quality monitoring, needs assessment, etc.

We understand how difficult it is for communities now and what a heavy workload they have in all areas. Nevertheless, it is important that local governments respond to the initiatives proposed at the central level. To decide how the social service sector should develop further, the Ministry has launched several major processes, namely the elaboration of the Social Service Development Strategy, the development of a new Classifier of Social Services – updated and focused on today’s challenges – and work on amending the Law of Ukraine “On Social Services””
Uliana Tokarieva
Deputy Minister of Social Policy of Ukraine

Vitalii Bezgin, Chair of the Subcommittee on Administrative and Territorial Structure and Local Self-Government of the Verkhovna Rada Committee on State Building, Local Governance, Regional and Urban Development, stressed that despite the decentralisation reform, the issue of sectoral reforms at the local level has not been resolved yet. Therefore, flexible social policy for different regions is a priority:

“It is very important to conduct such research. Why? It is high time to adapt to reality: we need a flexible approach to social service delivery, as Ukrainian communities live in different security dimensions. If existing tools do not work, we need to develop clear point steps while a comprehensive state policy in the social sphere is still being developed.

For example, when we talk about de-occupied territories, it is not enough to plant a Ukrainian flag there – we need a systemic policy to ensure that residents of de-occupied communities feel that the state treats them with dignity. Of course, given the scale of destruction and the outflow of people, this isn’t easy to accomplish. But there must be an understanding and implementation of a flexible approach”
Vitalii Bezgin
Chair of the Subcommittee on Administrative and Territorial Structure and Local Self-Government of the Verkhovna Rada Committee on State Building, Local Governance, Regional and Urban Development

Larysa Bilozir, Chair of the Sub-committee on Administrative Services and Administrative Procedures of the Verkhovna Rada Committee on State Building, Local Governance, Regional and Urban Development, stressed the importance of supporting community capacity and working on a comprehensive update of legislation in the social sector:

“In communities, the resources for social service delivery are really very limited: the personal income tax does not solve or cover everything that is needed in this sector. That is why it is especially important to preserve the achievements we have in municipal and state institutions so that the social system as a whole does not collapse.

However, there are also specific positive cases in social service delivery: for example, there are charitable and public organisations that probably do not enter into contracts for the provision of services (i.e., do not make money from it) but which support social service centres for the elderly. This format of cooperation is also useful because it gives communities an impetus to develop, seek funds and capacities, and this should be supported”
Larysa Bilozir
Chair of the Subcommittee on Administrative Services and Administrative Procedures of the Verkhovna Rada Committee on State Building, Local Governance, Regional and Urban Development

Nataliia Petrenko, Head of the Shulhynka Village Military Administration of Starobilsk Raion in Luhansk Oblast, Head of the Temporarily Occupied and De-occupied Communities Platform, representative of the Association of Amalgamated Territorial Communities, spoke about the situation concerning social service delivery in frontline areas and noted the need to change approaches to the provision of social services:

“We need to review social service delivery because even though we think we are providing social services; they are most likely administrative services. For the most part, a social service is about communication or payment of funds. However, even such services are virtually impossible in frontline areas. Social services are follow-up, support, advice, and any service that requires face-to-face intervention. I am very grateful for this research because it reveals the problems of the social sector”
Nataliia Petrenko
Head of the Shulhynka Village Military Administration of Starobilsk Raion in Luhansk Oblast, Head of the Temporarily Occupied and De-occupied Communities Platform, representative of the Association of Amalgamated Territorial Communities

Oleksandr Khoruzhenko, Project Advisor of the GIZ Ukraine: Resilient Society Cluster, EU4ResilientRegions – Special Assistance Programme Ukraine, spoke about the areas of social support that international donors and partners are helping Ukrainian communities with:

“Currently, GIZ, together with partner communities, is testing various formats and projects in the area of veteran policy, support for veterans’ families, and other social challenges. We provide extensive assistance to various institutions in the field of social protection to strengthen their capacity for social service delivery. In particular, we help comprehensively implement a community needs assessment tool.

Through such international partnerships, we have managed to address a number of social challenges, especially in the area of mobility and barrier-free access, inter alia, in frontline and de-occupied communities. However, I would like the state policy to be more holistic and more proactive towards the southern and eastern regions because here the question is not so much about justice as about the expectation of justice and whether the state is ready to meet such expectations”
Oleksandr Khoruzhenko
GIZ Ukraine Project Advisor

A recording of the research presentation is available here.

The research on social service delivery in communities is supported by the International Renaissance Foundation. The full report will be published shortly.

Photo: Ukraine Crisis Media Centre

State of Public Service Provision in Communities of Kherson Oblast: the ALI Has Presented a Study

On 8 July 2024, the Agency for Legislative Initiatives (ALI), together with the Committee of the Verkhovna Rada on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning, presented the results of the study “Assessment of the State of Public Services in De-Occupied Communities: Kherson Oblast.” This work was prepared within the framework of the project “Parliament and Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements jointly with the Parliamentary Centre (Canada) in cooperation with the Verkhovna Rada and with the support of the Global Affairs Canada within the framework of the Peace and Stabilization Operations Program (PSOPs).

Study concept

The study was conducted in several stages during September – December 2023 and covered 17 de-occupied communities of Kherson Oblast. During the course of the study, ALI collected more than 800 datasets on the provision of public services in the following main areas: administrative, social, medical, educational, security, housing and utility services. We also held in-depth semi-structured interviews with heads of military administrations in individual settlements.

Context

In November 2022, the Ukrainian army liberated the right-bank part of Kherson Oblast, which had been under occupation for almost nine months. The occupation fallout includes the destroyed industrial and social infrastructure, the explosive demolition of the Kakhovka HPP, which caused at least $2 billion in direct losses, the outflow of businesses, and the loss of human resources — in some communities, more than 60% of residents left their homes. All this made it much more difficult for residents to access basic public services. At the same time, relentless shelling of the right-bank part of Kherson Oblast continues, and this worsens the public service provision situation.

During the event, participants discussed the experience and problems faced by the de-occupied territorial communities of Kherson Oblast, which, despite limited resources, continue to provide residents with services as they find various opportunities for this. In addition, the Agency presented recommendations and proposals that would later help in the development of a dedicated national policy package on this issue.

The director of the analytical department at the Agency for Legislative Initiatives, Oleksandr Zaslavskyi, moderated the discussion. He noted the importance of such studies and their role in reconstruction processes:

“The study done by the ALI is part of the work we are cooperating on with the Committee, as we are selecting a matrix of indicators to assess the state of public services. This is effectively a database, containing data which decision-makers need to know to establish a legislative framework for the reconstruction process. What we have jointly created is called a committee study in some Western countries – it relied on active engagement from the Secretariat of the Committee and MPs who carried out fieldwork as they went to Kherson and Mykolaiv Oblasts”
Oleksandr Zaslavskyi
Director of the analytical department, ALI

Tetiana Lukeria, the invited analyst of the Agency for Legislative Initiatives, told the audience about the principal issues covered in the study, its main directions and proposals.

“Even if we state that more than 60% of the population has left these communities, there are still some people who need public services. Why some services are not provided, what obstacles and difficulties are faced by these communities, what can be improved or, at least, how to optimise the existing situation with the provision of public services – these are among our main questions and recommendations. De-occupied communities find themselves in extremely difficult conditions, so it is necessary to take into account the specifics of each community in particular. Of course, after de-occupation, it was not possible to immediately resume work in every direction of service provision, but the communities did their best as well as they could”
Tetiana Lukeria
Invited analyst, ALI

MPs sitting on the relevant Committee of the Verkhovna Rada of Ukraine also emphasised the importance of the experience and challenges faced by the de-occupied communities of Kherson Oblast.

“Today, we are talking about Kherson Oblast, and what happens very rarely in Kyiv is, unfortunately, an ordinary day for Kherson Oblast. Nevertheless, we understand that every Ukrainian area must still maintain a connection with its citizens and provide them with services despite all the difficult circumstances.

And I am grateful, in particular to the Agency for Legislative Initiatives, for enabling us to start this process. I hope that this study will form the basis of the national policy that concerns de-occupied territories, including those located at an extremely short distance from enemy positions”
Vitalii Bezgin
Chair of the Subcommittee on Administrative and Territorial Structure and Local Government under the Committee of the VRU on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning
“Yes, we probably cannot expect digitalisation tools to work fully in communities that have suffered great destruction and have been occupied for a long time. Clearly, mobile formats are needed to cover all settlements, cities and towns in order to provide all services. We do not live in an illusory world, and stand ready to hear from representatives of Kherson Oblast communities about problematic issues and temporary solutions, to analyse the information collected by the ALI and to record everything on our side and work on it further”
Roman Lozynskyi
First deputy chair of the Committee of the VRU on the Organisation of State Power, Local Self-Government, Regional Development and Urban Planning and chair of the De-Colonisation Subcommittee of the same Committee

Liudmyla Kostiuk, Head of Kochubeivka Village Military Administration of Beryslav Raion (Kherson Oblast), noted urgent problems associated with the organisation and provision of public services in communities.

“Speaking of practical things, there are many issues concerning notarial services, one such issue is a lack of personnel — even in those communities of Kherson Oblast where there are state registrars, they are very busy, due to which residents of these communities have to turn to neighbouring communities in Dnipropetrovsk Oblast for services. I would like to note that immediately after the de-occupation, international organisations helped us a lot in the recovery process. They provided equipment, licensed software, etc. But the key problem is the lack of people on the ground, so the issue of active engagement, including support for digital leadership programmes in communities, is very pressing”
Liudmyla Kostiuk
Head of Kochubeivka Village Military Administration of Beryslav Raion (Kherson Oblast)

Andrii Seletskyi, Head of Novovorontsovka Town Military Administration of Beryslav Raion (Kherson Oblast), shared successful practices already being implemented in communities, from digitalisation solutions to the implementation of a system of incentives for school students and youth support.

“We are currently developing the Smart Village system in our community — an application that will provide access to all possible services in the community, both social and administrative ones. We are also actively considering installing payment terminals at starosta offices because this is a fairly transparent and accessible tool that is available on every corner of the city but is still not developed in rural areas.

However, comprehensive Internet coverage throughout the oblast remains a big issue, which requires resolution at a higher level than that of individual communities. It needs to be done as soon as possible because the research on access to information, which was conducted in the community, shows that it is a very pressing issue. Outmigration of the workforce and businesses is a painful issue. Therefore, the development of mechanisms that will allow us to keep people in Kherson Oblast, not by force, but by prospects of improvement, is urgent, and it must be done at the level of the relevant policy as well”
Andrii Seletskyi
Head of Novovorontsovka Town Military Administration of Beryslav Raion (Kherson Oblast)

The study “Assessment of the State of Public Services in De-Occupied Communities: Kherson Oblast” will soon be published on the website of the Agency for Legislative Initiatives and sent to government bodies for further examination and incorporation in the development of relevant national policies and measures.

For more information, contact Maria Hereles, Director of the Communications Department at the Agency for Legislative Initiatives, at mg@parliament.org.ua.

Workshop on Principles and Practices of Legislative Impact Assessment

On Thursday, 30 May, ALI, with the participation of the VRU Committee on National Security, Defence and Intelligence, held a workshop on the principles and practices of legislative impact assessment.

The Agency continues to emphasise the importance of legislative process assessments as a tool for improving the quality of draft laws prepared by the Verkhovna Rada of Ukraine (VRU). Therefore, we actively work with committees and help them implement it in their work.

The visit was part of the project “Parliament and Accountability of the Security Sector in Ukraine” (PASS Ukraine), which the Agency implements jointly with the Parliamentary Centre (Canada) in cooperation with the Verkhovna Rada of Ukraine and the support from Global Affairs Canada within the framework of the Peace and Stabilization Operations Program (PSOPs).