August 26, 2009, a press conference “Authorities and Community: Normative Conditions of Cooperation” took place at UNIAN. The event was devoted to a problem of improper attention of the Ukrainian authorities to implementation of rights and freedoms, guaranteed by the Constitution of Ukraine. At the press conference, there was presented a new version of the draft of the Law of Ukraine “On Bodies of Self-organization of Population”, prepared by the All-Ukrainian Association for Promotion of Self-organization of Population, under the support of the International Renaissance Foundation. Like a number of other draft laws, proposed by the public, there is a risk that this one will be left without lawmakers’ attention too.

Imperfect legislation is a barrier to development of civil society in Ukraine

Today like never before, the issue of establishing effective cooperation between organizations of the third sector and bodies of state authorities and local self-government is becoming more pressing. As experience of many countries shows, especially under the conditions of a financial and economic crisis, the very organizations of civil society can resolve a significant range of issues, especially in social sphere, in a better and more effective way.

However, one of the most important factors that hamper further development of the civil society in Ukraine is its imperfect legislation.

For example:

• To a register a business entity, only three days and 170 UAH are necessary. However, registration of a public organization requires 30 days and at the same time, registration of an international charity organization will cost 200 USD and 170 UAH.
• The Ukrainian legislation does not allow to create foundations functioning according to one’s will (for example, the Nobel Foundation).
• The legislation requires mobile communication operators to levy 28 kopecks of tax on each spent Hryvnia, which a citizen transfers during a charity SMS-marathon for the benefit of a children’s hospital.
• A handicapped person has to pay not less than 180 UAH of tax, if a wheelchair that costs 2,000 UAH is presented to him not by his close relative, but for example by his acquiantance or benefactor.
• The legislation requires banks to refuse in rendering wire transfers of money for the benefit of people who suffered from explosions of natural gas in their residential multi-apartment houses (like it happened in Lviv and Dnipropetrovsk) until a charity foundation finds out individual tax codes of these aggrieved persons and levies a 15-percent tax in advance.
• The Law “On Social Services” introduced impossible conditions for public organizations to obtain a license for provision of social services to people. Therefore, for the last two years of existence of the law, neither organization obtained such a license after all and, that is, failed to help people to the full extent.

Such a situation did not develop incidentally. The Ukrainian authorities do not pay proper attention to issues of creation of normative mechanisms for implementation of people’s civil rights and freedoms, guaranteed by the Constitution of Ukraine.

New version of the draft of the Law of Ukraine “On Bodies of Self-organization of Population”

On their part, organizations of civil society frequently proposed their own vision of resolution of the indicated problems. The new version of the draft of the Law of Ukraine “On Bodies of Self-organization of Population”, prepared by the All-Ukrainian Association for Promotion of Self-organization of Population under the support of the Civil Society Impact Enhancement Program of the International Renaissance Foundation, is to become one more effort to improve the level of cooperation between bodies of authority and the public.

Bodies of self-organization of population (housing and city quarter committees, small district committees etc.) are one of the main forms of public participation in resolving local problems. Along with local councils, they are representative bodies of self-government of residents and have to resolve a rather broad range of issues in the area of housing and communal services, public services and amenities, social protection of population etc.

According to Oleksiy Orlovsky, Civil Society Impact Enhancement Program Director, International Renaissance Foundation, “further development of bodies of self-organization of population in Ukraine gets held up on the imperfect legislation. The current Law of Ukraine “On Bodies of Self-organization of Population” has a great number of normative lacunae, imperfections and it partically contradicts other legislative acts. Issues of creation of population self-organization bodies, procedure of selection of their personnel, and determination of their term of authority and many other issues are improperly regulated. As a result, these bodies can’t fully implement their own authority, as well as to run their financial and economic activity.”

The adoption of the new version of the Law of Ukraine “On Bodies of Self-organization of Population” is viewed to be the solution for the indicated situation. Such a draft law is developed by experts of the All-Ukrainian  Public Organization “Association for Promotion of Self-organization of Population”. The draft law underwent a discussion at the Fourth All-Ukrainian Scholarly and Practical Conference of Population Self-organization Bodies, which was held in the city of Odesa, and in the near time, it will be passed for consideration by the Verkhovna Rada of Ukraine. However, there is a threat that this draft law will experience the fate of other normative-legal acts, which are currently left without any due attention at the Verkhovna Rada of Ukraine.

Ignoring of public initiatives regarding improvement of the legislation of Ukraine

A draft law “On Public Organizations” (№ 3371) has been left without any consideration by the Verkhovna Rada of Ukraine for already 9 months.

A draft of the Law “On Procedure of Organization and Conducting Peaceful Events” (№ 2450) has not been considered for already 15 months and a draft law “On Social Services” (№ 2131) – for 16 months.

For one year since its submission to the parliament, a draft law “On Access to Public Information” (№ 2763) was considerd only in the first reading.

According to Maxym Latsyba, an expert of the Ukrainian Independent Center of Political Studies, “not only do people’s deputies ignore consideration of laws, which expand real possibilities of public participation in approval of decisions and in management of local maters, but they also oppose such initiatives. For example, in March 2009, people’s deputies refused to provide citizens with the right to send addresses to bodies of state authority with the help of electronic appeals and voted against a draft law “On Appeals of Citizens” (№ 3064). And in June 2009, the Committee of Verkhovna Rada of Ukraine on State Construction and Local Self-government rejected a draft law “On Public Participation in Shaping and Implementation of State Policy, in Resolution of Issues of Local Importance” (№ 3654), which would introduce new, more effective mechanisms of consulting of authorities with the public.”

Thus, a conclusion is being suggested that parties in the parliament and people’s deputies oppose expansion of rights and freedoms of Ukrainian citizens because the latter limit high-handedness and corruption of authorities themselves.

Public organizations of Ukraine strongly disagree with such a situation. Regarding all the above mentioned draft laws, proposals of public experts were prepared for their improvement. Coalitions of public organizations will persistenly demand adoption of progressive draft laws, which expand civil rights and freedoms of Ukrainians and ensure their protection on the European level.

Public organizations demand the fastest possible consideration and adoption of the above indicated laws that ensure practical implementation of constitutional rights and freedoms of citizens. Changes in the legislation must provide citizens with an opportunity to create different types of public associations in a fast and simple manner and without extra expenses. Public organizations have to get the right to act around the entire Ukraine and not just in a region of their registration, as well as to represent not only their members, but also to conduct advocacy regarding other persons and environment protection.

Service organizations must get an opportunity to provide social services to people at the expense of communal and state budgets. Bodies of self-organization of population must get necessary authority for control over the quality of communal services, expenses from local budget and influence on shaping local programs of social and economic development. The state must stop to demand that people, who have found themselves in a crisis situation, give away, as a tax, a big part of an amount of charity support that they have received.

As noted Andriy Krupnyk, Deputy Head of All-Ukrainian Public Organization “Association for Promotion of Self-organization of Population”, “effective implementation of potential of public associations in Ukraine is hampered not only by imperfection of the current legislation, but also by lack of proper normative-legal base on the local level, which has to be created by bodies of local self-government and local bodies of executive authority. Research, conducted by the Association, showed that here the condition of things is even worse than in the legislation. Indeed, there is a manifestation of lack of traditions, experience and desire of local authorities to develop mechanisms of local democracy. Since in many countries, bodies of self-organization of population successfully implement authority, delegated to them by bodies of local self-government. But in Ukraine, this instrument remains to be unimplemented so far.”

Daily activity of civil society and its organizations is a necessary condition for functioning of a rule-of-law and democratic state. And on the contrary, ignoring and stifling public initiatives, lack of mechanisms of participation of the public and public associations in the process of approval of decisions, removal of ever-growing numerous groups of citizens from resolving social problems on the level of communities and the state will lead to stagnation of the society and growth of corruption in general. The Ukrainian democratic state badly needs a partner, represented by public organizations for fulfillment of pressing reforms and resolution of many problems of the society. Effectiveness of such a partnership has been proved by Eastern European countries with their own experience.

Participants of the press conference emphasized that coalitions of public organizations are ready to conduct a dialog with lawmakers regarding each of the mentioned draft laws and to facilitate their adoption.

Detailed information can be obtained over the telephone: (048)738-68-30, or by e-mail  samoorg@ukr.net

			Diana Zubko, tel: +380 (44) 461 95 00 | fax: +380 (44) 486 01 66 email: zubko@irf.kiev.ua office: Kyiv, Bekhterevsky Lane, 13-a, room 2