Why the Local Self-government Reform are stalled in Ukraine

The context of contemporary reforms (situation on the beginning of August 2015)

The current administrative-territorial reform is the fourth attempt to modernize the system of governance during the period of Ukraine’s independence. Previous attempts were made in 1998-2000, 2004-2006 and 2010-2011.

In 1998, the President approved the Concept of administrative reform and priority measures for its implementation and in 1999 – the Scheme of organization and interaction of central executive bodies.

But there were not clearly identified the mechanisms of transference of new features from liquidated ones. Reform is based on the principle «if there’s a problem – create a body to address it». As a result there were the duplication and overlap in the work in the reformed authorities.

During the second attempting of the reform in 2004-2006 all started with a clean slate. Past developments and negative experience were not adopted into consideration during the implementation of the reforms. The reform was carried out by trial and error and as a result did not lead to the optimization of the system of the authorities.

The third attempt of the reforms was made by authorities in 2010 in terms of administrative monopoly of one political force. But this reform passed by quite confusing scenario.

Thus, in December 2010, the President issued a decree in which the powers of ministries and other central executive bodies (CEBs) were urgently shuffled, renamed and narrowed. Only then he created a working group to analyze the draft provisions and to draw conclusions on how to optimize the powers and functions of CEBs. It was attempted the Model Regulations about the ministry and the central body of executive power. In the fact the work of the group began only in late 2010 while it had to be started before the reform.

According to experts, during those three previous attempts the reform «did not go» because of serious mistakes. In particular, there were no motivational work for population and leaders of the lower levels of government; wasn’t established organizational structure for the development and implementation of administrative reform at the national and local levels; there had been no comprehensive functional review of government inefficient in terms of functions, duplication, overlap; wasn’t developed optimal scheme of interaction of all levels, based on the balance of decentralization and centralization of authority.

Furthermore, in Ukraine since the introduction of the Constitution has not been adopted basic law on administrative-territorial division which could clearly define mechanisms of changes of administrative-territorial structure. That is why on these issues we have still apply to the current decree of Ukraine Presidium of the Supreme Soviet of the Ukrainian SSR of 12 March 1981 “On the procedure for settling questions of administrative and territorial structure of Ukrainian SSR”.

The essence of the reform of public administration in Ukraine

What is the administrative reform? Public servants understand it as the redistribution of powers among government levels, functions, responsibilities and financial resources. But it is sometimes forget the main purpose of government – to create conditions for the realization by people of their rights and interests to help those who need it. And most importantly: during the reforms should be implemented the key principle: «Not  the people for the government but the government to the people».

Therefore, the process of association of local groups could not be planed and assessed only from the standpoint of economic, geographical or administrative expediency, as is trying to do some technocratic minded «reforms’ parents».

The word «decentralization» carries a lot of meanings. It is not only the transfer of power to lower management «top down». It is also the generation of the initiatives «bottom up» and the joint responsibility of all levels of government to the people.

European requirement for a reformed government – compliance with the principle of subsidiarity, which ensured implementation of the greatest possible amount of administrative authority to the lowest possible level of government, provided that proper performance.

The experience of other countries, in particular Poland, which is focused on the current model of local government reform in Ukraine, shows that administrative and administrative-territorial reform should be carried out simultaneously, realizing that the first one is aimed at reforming and streamlining functions and structures of government, and the second one on the formation of a rational and effective system of territorial organization of community life.

But unfortunately situation in Ukraine is quite far from the Polish experience. After all, in Poland the territorial community have a basis in law and given power and the lion’s share of resources – there are about 90% of the problems are solved at the level of local communities.

In addition, Poland during the reform of local government has spent a significant portion of funds allocated for reform (about $ 17 billion from the central and local budgets and international funds and European institutions) for educational work – in workshops, seminars, training development strategies. To make people understand that the reforms and will be effective form.

Each resident must understand that only on his active position would depend the perspective development of the local community. And this position must be demonstrated not only during elections of deputies of local councils, but also in regular participation in the formulation and implementation of local policies.

Admittedly, the reform of local government – is not an end in itself and is not a passing fad. This is the search of efficient format of activities of the authorities and communities at the local level, based on their cooperation. This cooperation provides positive development, and would be finally completed with the increasing of social standards, improved infrastructure and human welfare.

Conditions for Local Government Reform

According to the developed by Cabinet of Ministers of Ukraine Methodic of forming the capable of communities, reforming the administrative-territorial system in Ukraine planned in two stages: 1) Preparatory on which the development of regional administrations perspective plans of territories forming communities (further – term plans), their approval of the regional councils and approval of the Cabinet of Ministers of Ukraine; 2) uniting communities in accordance with approved plans Policy.

According to experts, the public, mandatory tasks that have to be solved during the preparation and conduction of these reforms are:

• Creating the most complete legal framework in the form of legislation and local legal acts (Charter territorial community activities of Regulations, Regulations etc.) which should provide a clear legal conditions for reform at all levels – national, regional and local;
• Education, informing about the nature and benefits of reform the widest possible range of ordinary citizens and urban, rural and village heads of settlements which are directly affected;

– Development in communities of different forms of self and public participation in addressing local issues – from collective appeals to public examination and general meetings and local referenda, creating and spreading community self-organizations (furthermore – CSOs);

– Reasonable procedure of the reform, which should begin with the implementation the mechanisms of public participation to protect the rights and interests of citizens, then – provide community association, and only then – the decentralization of power transfer to the lower level of management authority and additional resources;

– Elaboration of a common strategy for the development of united communities with the active participation of local activists.

Analysis of the status of the reform showed that none of these conditions are executed.

In particular, the regulatory framework of the reform remains fragmented and insufficient; informing the public about the reforms at the proper level is not conducted; Public Participation is locked by lack of institutionalized legal instruments; the procedure of implementation of the reform is right the opposite; joint development strategy and, in general, the monitoring of the integration of the communities in the Methodology of the government in general are not taking to the note – it is limited to the stage of development and approval of plans Policy.

 Estimation of the real course of the reform process

Development and approval of the Term plan has to be completed by June 1, 2015, which was explained by the need to prepare for local elections in autumn 2015. Communities, according to the decree of the Cabinet of Ministers of Ukraine, may receive funds for infrastructure projects from the State Regional Fund only in those areas in which regional councils had approved Term plans for this period.

However, by June 1, only three of the 24 regions of Ukraine were approved Term plans in regional councils – in Dnipropetrovsk, Zhytomyr and Khmelnitsky regions.

According to these plans, in the Dnipropetrovsk region it is planned to create 89 communities instead of 348, otherworld’s, to reduce their numbers quadrupled; in Zhytomyr – 59 instead of 631 (to reduce the number eleven times); in the Khmelnitsky – 54 instead of 625 (to reduce the number twelve times).

In other areas at the beginning of June 2015 Long-term plans or projects were at the stage of public discussion or regional councils were returned them for further improvements in Regional Administration, followed by discussion in the community. On the beginning of August 2015 only three regions were without plans: Zakarpatskaya, Ternopolskaya and Kiyvskaya oblasts.

Thus, one could argue that the first stage of reform is difficult and stretched in time. So far, judging by all, the vast majority of communities will not receive financial incentives from the State Regional Fund.

Content analysis of publications in regional and national media on the topic of Association of territorial communities and analysis of the discussions at the sessions of regional and district councils showed that the causes for community resistance and slipping reforms often are those organizational and socio-psychological problems:

• insufficient awareness of population, local government and local authorities about the nature and prospects of reform;
• formation by a majority of regional administrations the Term plans without proper discussion in the community;
• violation of the principle of voluntary associations in developing the Perspective plans without extensive consultation with the public;
• insufficient consideration during developing the Term plans of ethnic, cultural, religious specificity of the communities in the areas of compact settlement of ethnic minorities and religious communities;
• concerns of rural and city mayors lose their jobs and workplaces;
• concerns of some rural communities and village heads to unite the villages around the major cities, as this may lead to the neglect of their interests and further decline associated communities;
• Term plans of association of the communities not simplify, but are making more difficult the access to administrative and social services for citizens.

Among the main causes of deceleration of the process of association of the communities should be mentioned the lack proper advocacy. The existing information vacuum creates conditions for speculation, misinformation and sometimes harassment of communities by political forces and village mayors who are not interested in reform.

The analysis also showed that in all regions of Ukraine lively discussion on current problems and prospects of the administrative-territorial reform are still continued. In these discussions involved mostly urban and village heads, deputies of city and village councils, regional administration officials and sometimes – Ministry of Regional Development, deputies of the Verkhovna Rada of Ukraine, civic activists and experts.

However, problematic point is that today it is difficult to detect the ratio communities into the association. On behalf of the community, the reforms sre commented by rural and city mayors, deputies. However, there is high probability of bias assessments of community representatives.

Some elected officials, feel the fear to lose their positions. So, under cover of protecting interests of the community they sabotage the reform. And in the absence of legally regulated procedures for conducting a local referendum, general meetings and conferences to assess the will of community members about the prospects of today is almost impossible.

In addition, due to lack of normalized procedures of making local initiatives to the local authorities and initiating public hearings there was a problem actual inability of citizens to independently initiate discussion of unification with the neighboring communities.

The availability of such procedures is important and urgent, as in the case of sabotage of the local government communities could order a local initiative contribute to the urban and rural councils to merge their proposals by themselves. Now they essentially become hostages of their representatives in power.

Thus, today there is actually a situation where the fate of the administrative-territorial reform depends on the professionalism and accountability of government officials and regional administrations and the willingness or unwillingness of city and village mayors to join the reform process.

You have to understand the dangers of losing by communities their historical, cultural, mental identity during such «cavalry collectivization». It is not surprising that people who are used to value your life way, to honor the name of their village, where they were born, where buried their grandfathers and great grandfathers, will not agree to lose it.

Thus the most votes of communities are virtually inaudible. It seems that most citizens given a place in the crowd on organized government «public discussions» on term plans. It is no coincidence that in most parts of regional councils fail attempts administrations «stretch» raw, not coordinated community planning association.

Under these conditions, some of the most «hot heads» of community association organizers are willing to disregard the principle of voluntary association and hatching plans to make this reform by force, «quickly and correctly».

But this situation is dangerous because in a country with a quite high level of protest activity, which is observed since the end of 2013, it is risky to conduct serious administrative and territorial changes without their thorough discussion and approval in the community.

Therefore, the ill-calculated steps of the reform in a very difficult socio-economic and political situation in the country may cause discrediting the reforms and large-scale protests that will lead to the total destabilization of the situation in the country.

What should be done to improve the situation

First. In the near future it is necessary to adopt a new version of the Law «On Public Self-Organization Bodies» (Reg. № 2466), which simplifies the creation of community organizations (CSOs) and improving the conditions of their work and cooperation with local authorities. The adoption of this draft is a part of the Plan of legislative support reforms in Ukraine approved by the Verkhovna Rada of Ukraine at June 4, 2015.

Secondly, pass the Law of Ukraine «On General Meetings (Conference) of Members of Local Communities at their Place of Residence» (Reg. № 2467) to ensure a legitimate consideration of public opinion in matters of local importance and adequate distribution between government and community responsibility for decisions taken. This law should expand the powers of the general meeting to clearly define the principles and procedures to regulate their conduct and procedure of conferences. The value of this law increases even more now, in the absence of a law on local referendum.

Thirdly. It should be an implementation in practice an active use of various mechanisms of local democracy – general meetings, conferences, public hearings, public consultations, local initiatives, etc. – as fuses violations of human communities, promote the establishment of settlements in the subject association, CSOs, having become partners of local authorities to work with the people at all stages of reform, serving as a battery of human initiative and stimulants reform.

Fourth. Employees of public authorities, political and community leaders in the region should actively cooperate with established offices in each area of ​​reform. These offices have become mediators, organizers and coordinators of the actions for all entities involved in the reform. To do this, they need to provide appropriate status, approve of provisions from the Government and allocate functions between them and the Administration, which, by law, are responsible for reforms.

Promote community association is also an introduction to all Regional Administration and the Kyiv city state administration as deputy head of the administration reform implementation in local government.

Fifth. Officials of local governments, local political and community leaders, CSOs should initiate the development of the Statute  of territorial community, where they do not exist now, and making the necessary changes to the existing Statutes and Regulations that regulate the development of procedures, the use of mechanisms of local democracy, including the process of reform. We must also adapt the regulations of the local councils and executive bodies with the terms of expanding public participation.

Six, during the formation of a strong united community, a «fair wind» has to become a common formation strategies and plans for socio-economic development of these communities using all the new features, which makes this association, involving additional financial, material and other resources of the communities. It should take full advantage of opportunities in 2014 adopted the Law “On cooperation of local communities” for establishing close cooperation between communities to unite and between communities united.

Seventh, the regional offices of reforms, regional state administrations must intensify education and creating mobile teams of campaign that should ensure continuous communication with the public, with the urban, rural and village councils. The structure of these groups should invite people involved in public, teaching, carry with them relevant methodological work and regular exchange of experience.

To facilitate the successful passage of all stages of association communities and a balance between interests of its members and to promote active public participation in the development of reformed communities Association creates a network of social support of reforms based on the current network of regional resource centers for the development of self and other forms of local democracy .