© OECD UKRAINE Governance assessment UKRAINE Governance assessment March 2006 Legal administrative framework Kiev, 5-Jul-06Julio Nabais SIGMA

© OECD …assessment is about… lHow the Constitution and the administrative legal framework are able: To ensure the rule of law in Ukraine To give enough and precise orientations to civil servants and public officials Provide efficient accountability mechanisms lHow public institutions are able to perform their functions lHow practices are aligned with the Constitution and administrative law

© OECD Basic constitutional conditions lClear definition and separation of powers lClear design of functions to be performed at the different levels of government lPolitical, administrative and judicial functions sharply defined lClear specification of the overall political responsibility for Public Administration (PA) lMain principles guiding the structuring and functioning of PA lSound principles regarding the rights and guarantees of citizens

© OECD Main problems are related to: lQuality and validity of the Constitution lImplementation of the Constitution lOverall quality of the legislation eg, General Law on Administrative Procedures lWeak control mechanisms: Political Judicial Administrative

© OECD Main findings (I) lDefective public law framework lCapacity to reform is limited lTransparency and openness of PA not assured lLegal uncertainty – arbitrariness – corruption lPoor quality of administrative legislation lCourt system – mainly administrative courts – not enough developed

© OECD Main findings (II) lPoor accountability and liability mechanisms lOld-fashioned design of the General Prosecutor’s functions lWeak capacity of the Ombudsman lConstitutional Court not operational lWeak capacity of civil servants in protecting legality and impartiality

© OECD State Administration & Local Self-Governments Some improvements Powers and accountability not yet clearly defined Budgetary independence of the Local self- Governments needs to be improved Main findings (III)

© OECD Main recommendations - I lTo assume strong political will and commitment with the reform process. lTo concentrate on the legislation aimed at defining and clarifying the role of main political actors regarding the administrative environment. lTo improve the overall quality of the legislation (RIA, consultation, …) lTo adopt – implement – review legislation related to openness and transparency of the administration (LGAP, …)

© OECD lTo improve control, accountability and liability mechanisms. lTo fully implement the administrative courts system. lTo reinforce integrity and independence of the judiciary lTo review the role of the Procuratura lTo create proper conditions able to guarantee independence, neutrality and professionalism in civil service. Main recommendations - II

© OECD Capacity to change lVision lUnquestionable and coherent political will; leadership lPolitical and social consensus lTechnical capacity lContinuity and persistence lAppropriate support Depends on: