Implementation of Comprehensive institution building programme in Ukraine: the vision of civil society Oleh Rybachuk, Head of Civil Expert Council within Ukrainian part of Committee on cooperation between Ukraine and EU Đšyiv, October 14th -15th 2010
State institutions of Ukraine are not ready to follow the Association Agreement between EU and Ukraine
1)
Lack of effective central coordination mechanism of European integration
2)
Unreadiness to develop National implementation programme of Association Agreement
3)
Poor institutional capacity of central authorities
Urgency of Comprehensive Institutional Development Program for Ukraine ď Ź
The Comprehensive institutional building program is a timely and correct framework rendering assistance to Ukrainian state institutions on the way to the future performance of the Agreement.
ď Ź
The EU candidates-countries received the biggest part of assistance for institutional development.
Comprehensive institution building programme potential risks 1)
There were no analyses of causes of failure earlier commitments regarding the reforms.
2)
The Framework document of Comprehensive institution building programme forsee development of institutions in four different areas, but not provide a comprehensive systemic transformation.
3)
Criteria and method of evaluation of EU assistance should be radically changed. The main criterion should predict compliance of the project (programme) results with the purposes of the project (programme)
Conclusion ď Ź
However, Comprehensive institutional programme cannot provide deep institutional changes. Ukraine must use the principles and standards of institution building implemented in EU-candidate countries. As the EU-candidate countries were using not abstract wishes but implemented acquis directives.
ď Ź
In the case the Association Agreement between EU and Ukraine including agreement on FTA + will be signed, Ukraine will be obliged to accept and implement EU legislation norms in certain areas. Therefore it will be logical to prepare Ukrainian state institutions to implement EU norms as EU-candidate countries did.
Algorithm for successful reform Identify the task Х The changes required for the task implementation Х: 1)…. 2)…..
Task - to carry out reforms in legal field To implement the task necessary to determine the next: 1) What the legal documents prohibit this change? 2) What changes to existing legal documents necessary to approve? 3) What new legal documents need to be taken? 4) What changes are needed to harmonize with European norms?
Task - implement reforms to strengthen the institutional capacity To implement the task necessary to determine the next: 1) Are there structures (institutions) that impede to realize the task? 2) Is there a structure (institution) that can implement the task? If so, then:
ď Ź
Is there a necessary number of people? Do the tasks of the structure (institution) coincide with the set tasks?
ď Ź
Do the job descriptions go with these tasks?
ď Ź
3) Does this structure (institution) has the procedures that will provide implementation of the task? 4) Does this structure (institution) have standards that will provide implementation of the task? 5) Is this structure (institution) able to implement the task?
Financing: ď Ź
For the reforms implementation necessary to determine the next:
1) Are any there fundings for the implementation of this priority, if yes, their specific number? 2) Are the fundings allocated for this task is for it immediate implementation or for the purposes that are not a priority? 3) Are the fundings allocated within one area are focused on task implementation?
A rhetorical question ď Ź
Will the above scheme used in Ukraine?