In what ways do public consultations in Ukraine differ from European standards?


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December 12, 2012
Vitaliy Bigdai, ICPS

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  • I would reduce the title, which is unnecessarily long, to “ Public Consultations in Ukraine and European standards. ”
  • На що спираються консультації в Україні та в країнах ЄС?
  • Рішення вже в голові, є бажання продавити, і підкріпити консультаціями.
  • In what ways do public consultations in Ukraine differ from European standards?

    1. 1. In what ways do public consultations in Ukraine differ from European standards? Vitaliy Bigdai ICPS December 12, 2012
    2. 2. ContentsRequirements for holding consultationsDocument qualityStages of consultationIdentifying who should participateAnalysis and the use of proposalsConclusions
    3. 3. Requirements for holding consultationsThe European Union has developed the principles andstandards for consultations with stakeholders and interestgroups:– White Book on European government and– Communication of the EC on the general principles and basic standards for consultation.Ukraine has instituted a regulatory base for holdingconsultations with stakeholders that is based on EUstandards. But the requirements and the procedures areeither only paid lip service or are ignored altogether.
    4. 4. Document qualityEU standards require that consultations start only after a document hasbeen prepared that clearly and understandably presents:– What exactly is the purpose of the proposed initiatives, reforms or regulations;– Arguments in support of it, information about existing legislation and the reasons it needs to be changed;– Who is likely to feel the impact of the policy;– Who will be involved in the consultation process;– What kinds of issues will be raised and what is the timeframe for responses.In Ukraine, such public documents either do not meet EU standards or theydo not properly meet the requirements for such a document, such as:having a clear list of stakeholders, who stands to lose or gain, an evaluationof the impact.
    5. 5. Stages of consultationThe EU approach is based on holding consultations at thatstage of the process when holding consultations canactually influence the making of policy.– At the public hearings, Green Papers are presented, draft concepts, strategies, analytical justifications, and documents that are in the process of being drafted.– At this stage, interested parties can still influence the formulation of the main goals, approaches and indicators for such a state policy to be carried out.In Ukraine, more often than not, final drafts of policies arebrought out for “discussion.”
    6. 6. Identifying who should participateEU standards state that the subjects of such consultations aretarget groups.– The agency holding the consultations identifies all the necessary target groups prior to the consultations and actively disseminates the document being discussed among them, along with some questions, then collects their comments and propositions.– For instance, target groups for consultations regarding a revision of VAT rates are: transnational companies, major corporations, SMEs, national associations, all-European associations, NGOs, tax specialists, voters, scholars, and others.– The society knows who is involved in these consultations and how they are acting.In Ukraine, such consultations generally involve a vaguely defined“public.”
    7. 7. Analysis and the use of proposalsEU standards require that the results of the consultations beanalyzed and described.– An analysis of the results of the public discussion is published, along with a list of participants and their propositions.– Summaries of responses are analyzed as received from various target groups, explanations are provided as to which propositions were ultimately used, which ones were rejected and why, and what decisions were made as a result of the consultations.– The results of the consultations are the basis for clarifying and reworking the document that was presented for public discussion.In Ukraine, proposals are collected but are impossible to analyzeby target group. Proposals are often rejected without a properexplanation.
    8. 8. ConclusionsThe fundamental differences lie in theapproaches to:– Document quality for the consultations;– Stages of consultation;– Identifying who should participate;– Analysis and the use of proposals.