Salus populi suprema lex . Marcus Tullius Cicero

Administrative Reform in Ukraine
Saturday, 10 September 2011 20:15

The issue of successful administrative reform implementation is very urgent in Ukraine. The government reports about successful results of administrative reformation in Ukraine.[1]

At the same time, reformation steps made during December 2010 - April 2011 were conducted without proper legal regulatory framework. President of Ukraine issued the Decrees № 1085/2010 of December 09, 2010 “On the optimization of the central bodies” and № 370/2011 of April 06, 2011 “On the issue of optimization of the central bodies”. But carrying the reforms without the Law “On ministries and central bodies of executive power”, without timely regulations on the newly created and reorganized state governmental bodies is very problematic and ineffective.

In fact, administrative reform should aim at forming a rational mechanism of governance that would help to strengthen and improve the efficiency of executive power, to deepen its cooperation with local government to ensure public participation in forming state policy.

The legal prerequisite for administrative reform in Ukraine is the Constitution of Ukraine, adopted on 28 June 1996. Then, during the term of fifteen years central authorities were taking measures to determine the purpose and vectors of administrative reform in Ukraine.

On July 22, 1998 President of Ukraine signed Decree № 810/98 “On measures to implement the concept of administrative reform in Ukraine”.

According to this decree, the Concept of Administrative Reform in Ukraine, developed by the State Commission for the administrative reform in Ukraine is a basis for administrative reform of public administration.

The Concept defines the purpose of reform as an establishment of such a system of governance that will ensure the formation of Ukraine as highly, legal, civilized European state with high level of living standards, social stability, culture and democracy.

The Concept of administrative reform singled out five directions:

• creating a new legal framework to regulate state governance in Ukraine;

• formation of new institutions, organizational structures and instruments of government;

• personnel support of the new system of governance;

• formation of new financial and economic bases of functioning of public administration;

• scientific and informational support of the system of governance, formation of mechanisms of scientific informational monitoring of this system.

According to this Concept Administrative reform is to be implementated in three stages:

• preparatory: development and  approval of the Concept of administrative reform program and implementation of administrative reform;

• second: introduction of organizational and legal basis for reforming of key elements of public administration;

• third: formation of the new institutions, organizational structures and instruments of governance.

However, the measures taken by the governmental authorities during administrative reform are not always coordinated and sufficient.

For example, on February 20, 2006 the President of Ukraine adopted the Decree № 140/2006 “On the Concept of state service legislation in Ukraine”, which obliged the Cabinet of Ministers of Ukraine to develop a new draft of Law of Ukraine “On State Service”. In fact, Ukraine is still waiting for the new Law of Ukraine “On State Service”.

In may 20, 2010 the Parliament adopted the Law “On state program of economic and social development of Ukraine for 2010” which defines the goals (to increase confidence in the state authorities) and expected results of reform, in particular - involving citizens in formation and implementing of state policy, promoting democratic governance technologies, ensuring openness and transparency of executive bodies, improving the quality of administrative services, combating corruption.

During 2010 governmental agencies had to develop a number of draft regulation acts, including, in particular, “On ministries and other central executive authorities”, “On basic principles of public communication policy”, the draft of Administrative Procedural Code of Ukraine, the Law draft of Ukraine “On administrative services”, and “On State Service ".

Analyzing the state implementation of these provisions, it must be noted that the law drafting tasks are not completed; the relevant regulations are not adopted.

Overall, despite the wide range of regulations adopted on administrative reform issues, they are not consistent and coordinated enough. Steps taken by the government should be systematic and coherent to achieve the goal of administrative reform in Ukraine.

Prepared by Andriy Petriv

Member of Council of EACLA