The Draft Law defines principles for conducting public consultations during the formation and implementation on all levels, from state level policy to addressing local issues. Ukrainian civil society has advocated for the improvement and adoption of this law for over ten years.
Adoption of the Draft Law on Public Consultations
The new Draft Law on Public Consultations seeks to fill gaps in the current regulatory framework, which is fragmented and often leads to formal or ineffective consultation processes. Verkhovna Rada adopted the law in the second reading and in general on 20 June 2024.
This Draft Law is expected to improve the quality of decisions, as well as their legitimacy and support. It will make it possible to study (clarify) the needs and interests of various stakeholders It will ensure institutions receive ideas, proposals and innovative approaches to solving issues in various areas of public policy.
Public participation in decision making is a critical aspect of democratic governance. With Ukraine's ongoing reforms and European integration efforts, establishing clear mechanisms for public input can significantly enhance the quality and legitimacy of government decisions.
Possible positive effects of the law on civil society
In practice, this law could have significant positive effects on civil society:
- By mandating public consultations for a wider range of government bodies (government bodies, ministries, local authorities, state collegial bodies, the National Bank etc.), it creates increased opportunities for civil society to participate in policy-making.
- By requiring consultations before adoption for a wide range of acts (including legal acts, concepts, strategies, programs, action plans etc.) civil society gains a powerful voice in shaping policies and programs, fostering more informed, transparent, and collaborative governance.
- The law could significantly ease CSO engagement by establishing clear procedures and timelines for consultations. This standardisation would streamline participation and allow CSOs to focus their resources on developing well-informed and impactful responses to policy proposals.
- The suggested single web portal for public consultations would centralize information and make it more accessible for CSOs to track and participate in various consultations.
- The law emphasises involving stakeholders in early stages of policy formation, which could allow civil society to have more substantive input.
- Requirements for reporting on consultation results could help civil society monitor the impact of their contributions.
However, the effectiveness will depend on implementation. There might be challenges in ensuring all government bodies comply with the new requirements, and in building capacity among both officials and civil society to engage in meaningful consultations. In addition, the implementation of the new law will only start, 12 months after martial law is terminated or cancelled.
Hypothetical scenario: How would a small environmental CSO benefit from this law
To illustrate the practical positive impact, we can consider a hypothetical scenario:
A small environmental CSO in a Ukrainian town has been concerned about local water pollution but struggled to get the attention of the authorities. Under the new law, when the local government starts developing a waste management policy, they would be required to host public consultations. The CSO could use the new online platform to submit their evidence and proposals early in the process. They could also participate in public discussions, ensuring their concerns are heard. The local authority would be obligated to consider their input very early on in the process and explain how it influenced the final decision in a public report.
In practice, this can lead to better-informed policies that reflect the needs and concerns of the citizens. For activists and CSOs, it provides a formal channel to influence decisions that affect their communities. For the general public, it means having a say in policies that impact their daily lives, from urban planning to environmental protection. The law, if implemented effectively, could foster a more participatory democracy in Ukraine, bridging the gap between the government and citizens, and potentially leading to more trust in public institutions.
What’s next?
The law must be signed by the President to come into effect. Afterwards, Ukrainian CSOs will provide suggestions for the reduction of the period of entry into force, the obligation of members of parliament to hold consultations on the official website of the Verkhovna Rada, allowing individuals as young as 14 to participate in consultations; and creating a database of interested individuals on the unified online platform for public consultations.
Further advocacy and oversight of civil society will also be necessary to ensure proper implementation of the law on both state and local levels.