It seems necessary to bring the text of the Resolution in line the provisions of effective legislation. The Resolution stipulates that the civil society organizations include NGOs, professional and creative unions, employers' associations, charitable and faith-based organizations, bodies of self-organization of the population, non-governmental mass media outlets and other non-profit institutions and associations registered in line with the law. The effective provisions of the Resolution does not provide for that CSOs may also include public associations (civic organizations and civic unions), as laid down by the Law of Ukraine "On Public Associations" as of 22 March 2012.

 

Another problem is that other actors – mass media outlets, trade unions, professional and creative unions, faith-based organizations and other non-profit associations – virtually do not use this policy tool. The bodies of self-organization of population and public councils use it poorly as well. In addition, sub-item 4 of item 4 of the Resolution sets forth that an executive authority that receives a written request from a CSO for carrying out a civic expert assessment shall provide this CSO with materials or duly authorized copies thereof in due conditions and within terms as laid down in the Law of Ukraine "On Information". Notwithstanding, the effective Law of Ukraine "On Information" does not stipulate any term for that. The terms for providing public information are established in another law.

 

The procedure of carrying out civic expert assessment of local self-government bodies lacks clarity – namely, various approaches are suggested for such kind of expert assessment. Item 3 of the Resolution recommends that local self-government bodies shall be guided by the Procedure approved by this Resolution. But the implementation practice of this item showcases that different local self-government bodies apply it differently. In some cases these bodies envisage this act as "advisory" rather than mandatory, and therefore do not use the tool of civic expert assessment in their activities.

 

For example, Cherkasy and Lviv (recently) City Councils in their activities are governed by this Procedure, and Kharkiv City Council indicated that the Procedure has advisory nature in terms of local self-government bodies. Chernivtsi City Council has approved its own Procedure to Promote Carrying out Civic Expert Assessment of the Activities of Executive Bodies of Chernivtsi City Council (Instruction of Chernivsti Mayor # 227-p as of 4 September 2012).

 

While revising the procedure of civic expert assessment, the opportunities of e-communication should be taken into account. The Resolution sets forth that an executive authority shall provide support to a civil society organization in carrying out civic expert assessment only if this CSO submits a respective request in-writing. Given that the legislation provides for the responses to electronic requests for information, it seems advisable to introduce electronic requests for carrying out civic expert assessments. It is also necessary to reflect the needs of entities initiating civic expert assessments with regard to obtaining additional documents (to supplement the list of documents demanded in the initial request for carrying out civic expert assessment). Many entities that initiate such kind of assessment come up with a need to clarify some information or obtain additional documents after the initial request was furnished to the respective executive authority.

 

There is definitely a need to include the CSOs to the composition of working groups that prepare the materials for civic expert assessments. Currently the executive authorities are reluctant to include the representatives of entities initiating civic expert assessment to the composition of working groups that prepare such materials.

 

It is necessary to establish that submitting the expert proposals is mandatory. There were cases when the executive authorities did not receive any expert proposals or recommendations from the entity that initiated a civic expert assessment. The CSOs shall treat the tool of civic expert assessment responsibly as well.

 

It is also necessary to formally prohibit that the executive authorities request any other information or documents (except for written request for carrying out civic expert assessment) from the respective CSO. The practice showcases that the executive authorities often abuse their rights and postpone issuing an executive order through requesting additional documents. For example, in the jurisprudence there were cases when the executive authorities refused to carry out civic expert assessment explaining that the requesting CSO did not provide "documents to certify that the person who signed a request is a head of organization" (sic!). Sometimes the executive authorities refer to failure of CSOs to furnish the copies of registration documents, etc.

 

It is necessary to clearly set the terms (time limits) of carrying out civic expert assessment. In particular, the Resolution does not set a term within which an executive authority shall reply to a civil society organization that its written request for carrying out civic expert assessment does not meet the respective requirements provided for in item 3 of the Resolution # 976. In addition, the Resolution does not stipulate a clear time limit for an executive authority to consider expert proposals furnished by a civil society organization. It does neither indicate the term for development and approval of action plan upon the results of consideration of such proposals (plan of actions in response to such proposals). Sometimes it provokes postponing the entire process of civic expert assessment. Finally, a deadline for furnishing information about a civic expert assessment to the Secretariat of the Cabinet of Ministers of Ukraine for placing it at the governmental web-site "Civic Society and the Government" is not set as well.

 

It seems advisable to manage the issues of civic control, accountability and appealing the activities of executive authorities with regard to carrying out civic expert assessment and summarizing information about such assessments.

 

To sum up, if the legislative provisions on such democratic tool of engaging public into policy-making at the national and local level stipulated in the Resolution of the Cabinet of Ministers of Ukraine # 976 as of 5 November 2008 are improved, it will have a positive impact on the evaluation of activities of the executive bodies and bodies of local self-government, improve the efficiency of decision making and implementation of policies and enhance the development of proposals and recommendations to solve socially important problems.