Draft bill #4254 of October 23, 2020 

Sponsor: the Cabinet of Ministers 

Status: adopted in full 

Who is affected: citizens of Ukraine, businesses, civil associations, state bodies, and local governments 

Summary: 

  • public consultations must be conducted by all executive bodies and local governments before making managerial decisions 
  • a unified online platform for conducting consultations will be created 
  • various forms of consultations are introduced: 
    • electronic — on the unified online platform or an official website of the authority 
    • targeted — consultation documents are sent to stakeholders, surveys or questionnaires are conducted 
    • public discussions — organization of various events (round tables, hearings, conferences, meetings, and video conferences). These discussions can cover issues affecting the rights and freedoms of citizens, the introduction of new regulations, duties, benefits, or restrictions, decisions impacting community interests, or concerning the work of state bodies or local governments. They can also address issues of funding, legal status, benefits or restrictions for public, charitable, or religious organizations, trade unions, local government associations, employer organizations, etc. Additionally, strategic goals, priorities, and tasks within a state policy or local issues can be discussed 
  • consultations can take various forms, but electronic consultations are mandatory 
  • the procedure for organizing public consultations for executive authorities is determined by the Cabinet, and for local governments — by a respective local council 
  • public consultations can be conducted by: 
    • members of the Verkhovna Rada 
    • a committee of the Verkhovna Rada 
    • the Cabinet of Ministers, ministries, other central executive bodies, and local executive bodies 
    • authorities of the Autonomous Republic of Crimea 
    • local governments 
    • state collegial bodies that define and/or implement a state policy (the National Agency for Higher Education Quality Assurance, the National Agency for Corruption Prevention, etc.) 
    • the National Bank of Ukraine 
    • other state bodies performing their duties according to the law 
    • enterprises, institutions, and organizations fulfilling their lawful statutory duties 
  • the adoption of any regulatory legal act without public consultations or in violation of the established procedure may be a reason for canceling the act or declaring it void in court 
  • if the President signs this law, it will come into effect 12 months after the end of martial law. 

Members of the Verkhovna Rada will work with the tool of public consultations as follows: 

  • an MP can conduct public consultations about a draft bill before submitting it to the Parliament 
  • to conduct electronic consultations about a draft bill, the MP publishes the text on their official website (or social media) and simultaneously posts a link to it on the unified online platform 
  • the duration of the consultations is determined by the MP, but it cannot be less than 15 working days unless the law or international treaties require otherwise 
  • the MP can extend the consultation period 
  • within 30 working days after the end of public consultations, the MP compiles a report including the received proposals 
  • the report is then published on the MP’s website (or social media) and on the unified online platform. 

Parliamentary committees will work with the tool of public consultations as follows: 

  • a dedicated committee of the Verkhovna Rada decides to conduct public consultations and defines their form during the preparation of a draft bill for the first reading 
  • public consultations are conducted after the draft bill is adopted in the first reading (as a basis) 
  • the committee initiates public discussions immediately after adopting the draft bill as a basis 
  • consultations can last 12 days, but if there is a decision to shorten the period — 5 days 
  • electronic consultations on the draft bill start after its text and explanatory note are published on the website of the Verkhovna Rada or the committee. Everything is simultaneously published on the unified online platform 
  • proposals from stakeholders received during public consultations are brought to the attention of members of the relevant committee 
  • after public consultations, the committee compiles a report including the received proposals. The report is then published on the official website of the Verkhovna Rada and/or the respective committee within 30 working days after the consultations end. 

Stakeholders and the tool of public consultations: 

  • stakeholders can be private individuals or legal entities 
  • during public consultations, they have the right to: 
    • receive all necessary data for participation in public consultations (excluding information with restricted access) from the organizers of the consultations 
    • receive a report on the results of public consultations 
    • submit proposals regarding the subject of the consultations to those conducting them 
  • proposals from stakeholders, including the name of the legal entity or surname, name, and patronymic of the private individual, are published on the unified online platform and/or on the official website of the entity conducting the public consultations within 5 working days 
  • it will not be allowed to publish or consider proposals that call for: 
    • the elimination of Ukraine’s independence 
    • the forceful change of the constitutional order 
    • violating state sovereignty and territorial integrity, undermining its security 
    • illegal seizure of state power 
    • propaganda of war and violence 
    • inciting interethnic, racial, or religious enmity 
    • infringing on human rights and freedoms, public health 
    • proposals submitted without the name of a legal entity or the surname, name, and patronymic of a private individual 
    • proposals containing offensive language or concerning topics unrelated to the public consultation. 

Executive authorities and local governments will work with the tool of public consultations as follows: 

  • the organization of public consultations will be ensured by departments or authorized persons responsible for defining or implementing a state policy, addressing local issues, or developing draft ordinances 
  • to coordinate public consultations, the respective authority assigns a dedicated department or a responsible person. 

Why this is important: the adoption of the draft bill is part of the Plan for Ukraine Facility, which will lay the foundations for implementing the financial support program for Ukraine from the European Union in 2024 — 2027. 

What is right: 

  • the law ensures the extensive involvement of stakeholders in decision-making 
  • the law contains an extensive list of acts that require public consultations before adoption 
  • the procedure for conducting public consultations is balanced. The electronic form is mandatory, and there is a wide range of questions that require public discussions, which in turn can improve the quality of decisions. 

What is wrong: 

  • the law makes anonymous public consultations impossible, which can lead to the absence of criticism (thus nullifying the idea of the law) 
  • the adoption of the law will require additional expenses for conducting consultations and increasing the staff of state bodies for organizing consultations, preparing reports, etc. 
  • if the President signs the law, it will come into effect only 12 months after the end of martial law in Ukraine, which may take too much time. 

Alternative solution: 

  • allow anonymous participation in public consultations 
  • reconsider the terms when the law should come into effect in order to find an optimal solution under the current conditions 
  • consider improving the law by preparing and submitting a new draft bill.