The Business Ombudsman Council provides recommendations to state bodies on the basis of individual cases and in accordance with published systemic reports. Here we have collected information on the implementation status of systemic recommendations only.
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Report name
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Issued recommendations
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Execution status
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Systemic report "Challenges for government and business in dealing with local government" |
To finish drafting regulations governing the decentralization of government powers in all branches and spheres providing administrative and social services, and clearly identify the functions of local executive bodies and LGAs at all levels in terms of providing such services. Ministry of Regional Development, Construction and Residential Services |
In process
— comments:
A number of laws have been adopted , the provisions of which regulates the issue of delegating powers from executive to local authorities, in particular, powers in the field of architectural and construction supervision (control) and improvement of urban planning legislation; provision of an administrative service for issuance of permits and provision of administrative services through the ASCs (Administrative Services Centers).
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To draft and institute state quality standards and norms for administrative, social and other public services in the relevant spheres. Ministry of Regional Development, Construction and Residential Services |
In process
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To continue setting up ASCs. To improve the quality and level of administrative services being provided, the Regional Development Ministry should, in coordination with other CEBs, ensure that consultative, expert, methodological and other support is provided to unified territorial communities so that they can set up and organize operations to provide administrative services in these centers. Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
As of 7 March 2018, 746 ASCs were created. Within the framework of the "U-LEAD with Europe" program, support is provided for creation and improvement of up to 600 ASCs by the end of 2020, including information and communication infrastructure creation.
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To organize professional development programs for officials in LGAs, local council deputies, and civil servants at LEBs to improve personnel quality for the decentralization process and the future functioning of local executive bodies and LGAs so that they can properly exercise their new powers; engage relevant state institutions, associations of local governments and civil society institutions in this process. Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
The Ministry of Regional Development, Construction and Residential Services with the assistance of foreign partners (DESPRO, GIZ, UNDP, Dialog, U-LEAD, etc.), is carrying out measures to provide methodological and practical assistance to local authorities. Methodological recommendations have been developed; training seminars, lecture courses, exchange of positive experience take place regularly.Methodological support on prevention of corruption is carried out for civil servants and local authorities by the National Agency of Ukraine on Civil Service together with the National Academy of Public Administration under the President of Ukraine. About 70 000 employees are training each year.
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To establish a constitutional basis for regulating the devolution of power and simultaneously instituting state oversight of LGA decisions while continuing to work on amending the Constitution as necessary, via Draft Law No.2217а dated 1 July 2015 "On amendments to the Constitution of Ukraine (regarding decentralization of power)". Ministry of Regional Development, Construction and Residential Services |
In process
— comments:
Status as of 10 December 2015 Committee's submission for review was presented. Pending review.
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To adopt laws that remove legal gaps and foster voluntary unification of territorial communities (No.4772 dated 3 June 2016, and No.5520 dated 9 December 2016).
Verkhovna Rada of Ukraine |
Implemented
— comments:
1) The Law “On Amendments to Certain Legislative Acts of Ukraine (regarding Voluntary Joining of Territorial Communities)” has been adopted on 9 February 2017 (Draft Law No.4772).2) The Law “On Amendments to Certain Legislative Acts of Ukraine regarding Peculiarities of the Voluntary Joining of Territorial Communities Located on the Territories of the Adjoining Areas” has been adopted on 14 March 2017 (Draft Law No. 5520).
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To adopt the Draft Law No.2489 "On serving in local government agencies" dated March 30, 2015, which defines the principles, legal and organizational basis for serving in local government agencies, regulates the status of LGA employees, and ensures comprehensive reforms of serving in LGAs, keeping in mind the staffing needs for decentralization. Verkhovna Rada of Ukraine |
In process
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To institute drafting transparent competitive procedures for selecting personnel to staff LGAs and the executive bodies of local governments, and formulating the necessary qualification requirements. Ministry of Regional Development, Construction and Residential Services |
In process
— comments:
As of today, the outdated procedure for conducting a competition for filling vacancies of civil servants listed in the CMU Resolution No.169 dated 15 February 2002, is being followed.
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To monitor and evaluate the work of local state administrations and their officials to ensure impartial oversight and greater effectiveness in public administration, in line with the new Law of Ukraine "On the civil service." Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
Monitoring and assessment of the of local state administrations and their officials activities is stipulated in the Draft Law "On Service in Local Self-Government Authorities" No.2489.The CMU Resolution No.987 dated 21 December 2011 "On Annual Reports of Heads of Oblast, Kyiv and Sevastopol City State Administrations" obliges the Heads of Oblast, Kyiv and Sevastopol City State Administrations to submit reports annually (by February 1) on exercising the assigned powers by the relevant state administrations as well as on the development status of the respective territory according to the established form.
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To join forces with all-Ukrainian associations of LGAs to draft a law establishing the procedure for the further functioning or elimination of county councils in counties whose boundaries coincide completely with those of territorial communities. Ministry of Regional Development, Construction and Residential Services |
In process
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To support the Bill "On prefects," which give prefects the power to rescind any acts by local government agencies that violate the Constitution or Laws of Ukraine and simultaneously appeal to a court. Ministry of Regional Development, Construction and Residential Services |
In process
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To recommend the Ministry of Justice draw up Guidelines to approve standard statutes for territorial communities and sample provisions on elders. Ministry of Justice |
Implemented
— comments:
The Ministry of Justice informed that it was not empowered to develop methodological recommendations on the approval of the Standard statute of the territorial community and Sample Provisions on elders. Currently, there is a Standard Territorial Community Statute and Sample Provisions, developed under the USAID DIALOGUE Project, which is being implemented by Association of Ukrainian Cities.
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To provide a mechanism for taking individuals working at local government agencies to court, for instance, by amending the Criminal Code and the Code on Administrative Violations to increase the liability of government personnel at the local level. Ministry of Regional Development, Construction and Residential Services |
In process
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To join forces with all-Ukrainian associations of LGAs and similar organizations to provide LGAs and LEBs with guidelines for actually carrying out the process of unifying communities, with particular attention to the procedure for transferring contractual commitments.
Ministry of Regional Development, Construction and Residential Services |
Implemented
— comments:
The methodical recommendations were developed and newly elected united territorial communities were provided with the necessary informational materials.
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The CEBs that were managing educational, cultural, research and medical institutions and organizations, should be required, in the process of transferring such properties to UTCs:To prepare a list of current liabilities related to assets on their balance and inform the unified territorial community about all such liabilities;To notify enterprises with whom service and other contracts have been made on behalf of such CEBs and institutions about their transfer to UTC ownership. Cabinet of Ministers of Ukraine |
Implemented
— comments:
The Ministry of Regional Development, Construction and Residential Services conducted an analysis of the of educational, cultural, social protection, physical education and sports establishments functioning in the United Territorial Community for the development of common approaches to creating typical models of a single educational, cultural, physical culture, sports and social environment in different types of basic level administrative and territorial units
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To regulate the issue of transferring the responsibilities and functions of the State Environmental Protection Administration in the procedure provided for in CMU Resolution No.1074 "On approving a Procedure for taking steps related to setting up, reorganizing or liquidating ministries and other central executive bodies," dated 20 October 2011. Ministry of Finance |
Implemented
— comments:
In the case of executive authorities liquidation, including territorial ones, their rights and obligations in accordance with the CMU Resolution No.1074 dated 10 October 2011, shall be transferred to another executive authority.
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To draft amendments to the Law of Ukraine "On protecting the atmosphere" to ensure that a list and document requirements for commercial entities seeking a stationary plant emissions permit are established in a special law. Ministry of Justice |
In process
— comments:
The Ministry of Ecology and Natural Resources informed that the recommendation was taken into account by the MEDT. The Draft Law is aimed at improving procedures for issuing permits and establishing basic requirements in respective laws regulating issuance of permits, determined by the Laws of Ukraine "On Administrative Services" and "On Permit System in the Sphere of Economic Activities".
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To draft amendments to Arts. 53-5 of the Code of Administrative Violations to increase the liability of government officials in proportion to the severity of their breaches, such as ignoring deadlines, both for approving land development documentation and for reviewing applications for permits to draw up land development plans. Ministry of Justice |
In process
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To amend the Procedure for the transfer or lending of community-owned municipal land into use or ownership, approved by Kyiv City Council Decision No.63/9120 on 28 February 2013, so that it:- includes clear timeframes for LGAs to make a decision to agree or refuse to lease a plot of land;- provides timeframes within which LGAs must make a decision to accept or reject an application to extend a land lease agreement;- provides clear rules for LGAs and lessees to act in drawing up a land lease agreement or extending an existing lease, and timeframes for these actions.
Kyiv City State Administration |
Implemented
— comments:
Kyiv City State Administration adopted the Decision No.241/2463 dated 20 April 2017 "On Approval of the Procedure for Acquiring Rights to Land from Communal Property Lands in Kyiv", which, in particular, substantially simplified the procedure for provision of land plots for use, as well as established time frames and a clear actions algorithm of the lessor and the lessee.
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To develop recommended guidelines for local government agencies regarding: compliance of land lease-related regulations adopted by local councils with Ukrainian law; the inclusion of clear rules for clear rules for the LGA and individuals interested in leasing a land plot or extending an existing lease to act, including clear timeframes for LGAs to make decisions to offer or not offer a land plot for lease, a list of required documents, publicly accessible texts of related regulations, and so on. Ministry of Regional Development, Construction and Residential Services |
Implemented
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To prepare guidelines for damages to landowners and users to be determined by commissions set up by local state administrations and the executive committees of local councils and those of oblast-level cities. Ministry of Environment and Natural Resources |
Recommendation is no longer relevant
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To ensure the adoption of changes to CMU Resolution No.284 dated 19 April 1993, to establish: a clear and thorough list of circumstances for compensating damages to land owners and users; a regulated procedure for reviewing requests to establish the extent of damages; timeframes for reviewing requests to establish damages and making the necessary decision. Ministry of Justice |
In process
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