Civil society monitoring of the administrative services provided by the Ministry of justice of Ukraine as an effective mechanism of affecting their quality
In September 2012 the Law “On administrative services” was adopted and resulting in all the cities of region submission and district state administration were obliged to establish one-stop-shops (TSNAP) until January 1, 2014. This Law also obliged all the subjects of administrative services’ provision to harmonize their activity in accordance with its requirements. Despite the fact that the Law has been almost three years in force, in most cases state authorities haven’t improved the quality of their administrative services and haven’t created appropriate one-stop-shops as sole unified offices for citizens.
The Ministry of Justice still hasn’t reformed the system of provision of its administrative services that would meet citizens’ needs. It concerns informing citizens regarding services, creation proper informative and technological cards, transparency of citizens’ reception and working hours, creation of comfortable conditions of waiting and serving, relationship with authorities that created one-stop-shops. Territorial branches of the Ministry of Justice of Ukraine provide the administrative services of their competence simultaneously at their own offices and one-stop-shops of cities and district state administrations. These services concern property rights on real estate and their encumbrance, legalizing legal entities, natural persons – entrepreneurs and civil organizations. The services on civil registration aren’t being integrated to one-stop-shops at all. In May 2014 the Order of the Cabinet of Ministers № 523 was adopted. According to its provisions, the services on state registration of property rights on real estate and their encumbrance, state registration of legal entities and natural persons – entrepreneurs must be provided only at one-stop-shops. This Order isn’t implemented by territorial branches of the Ministry of Justice completely. There are several objective and subjective reasons of this problem. In particular, it worth to mention the absence of proper financing, discrepancy of some current legal acts’ requirements, absence of political will of territorial bodies’ headship etc.
However, on June 2, 2015 the members of the Parliament submitted two draft-laws drafted by the Ministry of Justice of Ukraine, in particular, “On state registration of property rights on real estate and their encumbrance” (№2982), “On state registration of legal entities, natural persons – entrepreneurs and civil organizations” (№2983). Both draft-laws stipulate the transfer of respective power to local self-government from January 1, 2016. This right step will need significant efforts for its implementation. On July 14, 2015 these draft-laws were adopted in the first reading.
Therefore, current transformation process of the field of administrative services is problematic and complex. From one side, it take place the attempt to create comfortable and assessable conditions for administrative services’ obtaining by consumers, attempt of providing some services by the Internet and two draft-laws on transfer the power on administrative services’ provision to local self-government have been submitted. From the other side, an efficient system on informing on services hasn’t been established; registers and their services still haven’t been integrated into many one-stop-shops; corruption risks are still high. Consequently, the quality of administrative services, that is a fulfillment of legislative requirements and taking into account citizens’ expectations, isn’t significantly improved for people because of inconsideration of their needs and expectations.
It should be emphasized that the Ministry of Justice of Ukraine finally expresses the will to provide administrative services’ decentralization and it is important to prevent the transfer of such negative practices during transferring the power to local self-government. Instead of this, all positive practices must be used. Within the project it is possible to take into account this positive experience in the context of particular regions and cities.
Current situations requires controlling the activity of authorities, in particular the activity of the Ministry of Justice, regarding administrative services’ provision. Besides a self-control and control of other authorities on administrative services’ quality, it must be the civil society’s involvement to this process. Only the citizens as the administrative services’ consumers can provide the most impartial evaluation of their quality and then motivate authorities to improve it.
Therefore, at the stage of establishing a new system of administrative services’ provision in Ukraine it is a real need to develop an efficient civil monitoring of this field. One of its main target is to control a proper fulfillment of legislation’s requirements that is adopted on harmonizing the system of administrative services’ provision and improvement of their quality.
The goals of project’s implementation are the following
- Preparation and carrying out a civil monitoring on the quality of administrative services of the Ministry of Justice of Ukraine;
- Public discussion and presentation of the results, drafting the suggestions and recommendations to the Ministry of Justice of Ukraine on the improvement of administrative services’ quality
- Preparation for the citizens’ survey.
- Carrying out the respondents’ survey in 4 regions and in Kyiv.
- Analyzing collected information and estimation of the level of respondents’ satisfaction with the quality of the Ministry of Justice’s services.
- Public discussion of the survey’s results, determination of the services that need an improvement and making suggestions concerning this.
- Distribution of the survey’s results and suggestions on the services’ quality improvement among the representatives of the Ministry of Justice, other state authorities, local authorities, civil society and in mass media.