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

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

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)

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 2000-2001 Pilot project SCMU (ministries)+ICPS+IRF 5 PAG Since 2005 Budget program + technical assistance 2005-2006 10 PAG 2007-2008 7 PAG 2009 10 PAG (ministries) to develop policy proposals on sectoral issues in scope of future Agreement of EU Association 2009 3 PAG (MDCS) to meet Department’s priorities

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank You for attention! Questions?