1. Development of the new Concept of Public Administration Reform in Ukraine: experience of implementation of policy analysis
Nataliia Goncharuk, Ph. D.,
professor of National Academy of Public Administration,
Chief of Department of administrative reform
in the Secretariat of the Cabinet of Ministers of Ukraine
Olena Latenko, M.P.A.,
Deputy Chief of the same Department

2. Building trust in government The Vienna Declaration UN 7th Global forum on reinventing government June 2006
When people do not see themselves and their interests represented by their political leaders and their government, trust is compromised… This leads to apathy
Ways to build trust:
Legitimacy of Government, which derives from the respect to human rights and the Constitution
Prioritize service delivery
Increase transparency and accountability to combat corruption
Support effective civil society engagement
Bring Government close to people
Enable public-private partnership
Promote innovations in public sector reform

3. Public Administration Reform – one of the priorities of the Ukrainian Government
Adoption of the Concept of Public Administration Reform, which will set up the basic foundation of the further democratic transformation in this sphere, establishment of efficient and responsible public authorities at all levels
(Government Action Program Overcoming the impact of world financial-economic crisis and advancing development
resolution of the Cabinet of Ministers # 1107, December, 20, 2008)

4. Application of good European practices: PAG
PAG – policy analysis groups:
new quality of policy development
network of change agents
centres of the European administrative culture
add to the efficiency of public administration
STEPS
Pilot project SCMU (ministries)+ICPS+IRF 5 PAG
Since 2005 Budget program + technical assistance
PAG
PAG
PAG (ministries) to develop policy proposals on sectoral issues in scope of future Agreement of EU Association
PAG (MDCS) to meet Department’s priorities

5. Background analysis (1)
positive
since 1991 most public administration institutes in Ukraine have been formed:
Cabinet of Ministers, Cabinet member as a politician
governmental committees
ministries, other central state bodies
local executive authorities
local self-government
public service
however
public administration does not comply with the strategic course of the country towards the democracy and European government standards, remaining:
ineffective
corrupted
internally conflicting
excessively centralized
closed from the public and discrete from the people’s needs

6. Background analysis (2)
a social order for proper governance was generated due to:
internal socio-political changes
development of administrative law
beginning of formation of a civil society
external challenges – EU-integration intention of Ukraine, world economic crisis etc.

7. Principal reasons of such situation problems to solve
unclear distribution of functions regarding the development of state policy between two “centers”– the President and the Cabinet of Ministers
ineffective operation of ministries
irrational system of central state bodies
ineffective executive authority at the local level
inefficient local self-government and irrational administrative/territorial division
inefficient public service
lack of parity basis in relationships of private individuals with public administration

8. Transformation of the PAR goal from old to new Concept
First Concept of Public Administration Reform (PAR Concept), adopted in 1998:
Creation of such public administration system, which will provide formation of Ukraine as a highly developed European state, which meets needs and inquiries of people
Draft PAR Concept, 2009:
Development of the efficient public administration system, which provides quality public services to citizens at the level, that meets the European standards, ensures optimal utilization of public funds and able promptly and adequately tackle socio-economic and other challenges

9. Professional, politically neutral and responsible public service
Objectives of PAR:
Stable and efficient organization and performance of the executive authorities
Professional, politically neutral and responsible public service
Capable local self-government
Strengthening of private individuals’ status in relationships with public administration
Accountability of public administration

10. Institutions, involved in development of PAR Concept
Public institutions
Secretariat of the CMU
Ministry of Economy
Ministry of Justice
Ministry of Finance
Ministry of Regional Development and Building
MDCS
Parliament's Committee
NGOs
Centre for Political and Legal Reforms
Fund for assistance to self-governance
Civic Center for Institutional Development
Scientific institutions
NAPA
Institute of State and Law

11. Strategy and activities (1)
1. The Cabinet of Ministers and central state bodies
The Cabinet of Ministers
focus on the policy issues, delegate or transfer most of its administrative powers to lower level
some ministers will concurrently hold the positions of Vice prime ministers
increasing role of government committees
Secretariat of the Cabinet - the institutional memory source, chaired by civil servant
Ministries
principal policy developers
the only institutions entitled to release legal acts of external regulation
delimitation of political and administrative functions and positions
Other central state bodies
should be reorganized into the governmental agencies subordinate to ministries
should perform all administrative functions of the executive power: management of individual sub-sectors, administrative services delivery and management of state-owned facilities, performance of inspection/survey functions
Independent regulators
determination of the scope of competence - power industry, transport, communications, housing
enhancement of independent regulator establishment and operation procedure
impartiality through balanced representation of all stakeholders – state, consumers and producers

12. Strategy and activities (2)
2. PAR at the local level
Administrative-territorial division reform
ensure accessibility and quality of provided social and administrative services
efficient utilization of public resources
constant development of all Ukrainian territories
ability to adequately address social and economic challenges
Local self-government reform
capable public authority
public services delivery directly to the citizens
improvement of life standards in territorial communities
3. Public service reform
establish the Council of Civil Service
positions’ categories in accordance with legal regulation requirements
competition and merit system in carrier
salary system reform
persistent professional training process
ethical standards of public service
combat corruption

13. Strategy and activities (3)
4. Policy making
policy proposal as a principal instrument of state policy development
strategic planning – to influence on a qualitative social changes not react on an events
medium-term (3-5 years) budget planning
public consultations
legal drafting: concept before legal act, expertise
monitoring of policy implementation
internal control (administrative audit)
5. Interaction of public administration with private individuals
Administrative procedure:
simple and effective, transparent, formalized
impartial and just resolution within the reasonable time
administrative (pre-trial) mechanism of appeal
Administrative services:
citizens are not petitioners but clients
payment = a fee, covering service related expenses
service delivery standards
“service markets”
Administrative liability – only according to administrative legislation
E-government: administrative and information services delivery through the Internet

14. Strategy and activities (4)
6. Control over public administration
Judicial control
secure the supremacy of law in public legal relationships
formation of the administrative justice
Parliamentary control:
hour of questions - mostly political
chamber of Accounts - financial
ombudsman – human rights
Public control:
reporting to the public about own activity
public engagement into the policy development and implementation
collaboration with the public advisory boards
7. Public enterprises, agencies and organizations performing public functions
not compete with the private sector - the state does no more than the private sector is not able or is not entitled to do
specifying their status
public utility enterprise is not entitled to establish other entities

15. Strategy and activities (5)
Communication plan -
the activities, which the main actors of PAR should do
to build trust, get the support and cooperation with target groups:
civil society institutes
mass media
officials, holding political positions of all levels
public servants
comprehensive information about:
goal and objectives of PAR
content of basic activities
estimated results
reform progress
will give an efficient feedback

16. Implementation (1)
Stage I
designation and establishment of institutions responsible for the reform:
member of the Cabinet of Ministers for PAR issues
coordinating body (council or commission)
adoption of action plan
Stage II
optimization of a structure of central state bodies, based on the functional review’s results
adoption and beginning of the implementation of basic laws: “On ministries and other central state bodies”, “On public service” (restated), “On service in local self-government agencies” (restated), Administrative code of practice, “On access to public information”, “On normative regulatory acts”
introduction of the institute of state secretaries
development of public services delivery standards

17. Implementation (2)
Stage III
institutional reform of public administration sectors based on the results of sectoral functional review;
decentralization and deconcentration of administrative functions and powers
public service reform, including the establishment of the Council of civil service
reforming of professional training system for civil servants and local self-government officials
improvement of the administrative services system:
e-services
“service markets”
delegation of powers for public services delivery
implementation of its standards
Stage IV
further decentralization and deconcentration of administrative functions and powers
improvement of professional training of civil servants and local self-government officials
further enhancement of public services delivery system, improvement of service standards

18. ESTIMATED REFORM OUTCOMES
effective system of executive agencies and self-government
proper and optimal distribution of functions between central, regional and local levels of public administration
rational and transparent state policy development procedures ensuring citizens’ participation
effective legal mechanisms for protection of rights and legal interests of citizens in relationships with public administration
financial self-sufficiency of communities, enabled to provide the required scope of public services
professional, effective, responsible, politically neutral public service
prevention of corruption
effective control of the Parliament, local councils and civil society over public administration activities

19. EFFECTIVENESS CRITERIONS
integrated indicator - growth of living standard
growth of citizens’ trust in government (executive authorities and self-government)
positive tendencies confirmed by the results of regular assessment of public administration system of Ukraine in accordance with basic indicators of SIGMA program

20. OUR HOPE AND EXPECTATIONS
Reforming according to the Concept which represents consensual vision of the new model of public administration, should ensure the integrity and government-citizen partnership, will add to EU-integration efforts of Ukraine

21. Thank You for attention!
Questions?