CHARTER 1: PUBLIC FUNDING FOR NGOs

• Is there a special government program providing grants to NGOs?

History
Non-government organizations in Ukraine became financed by State Budget as early as in the middle 90s. Since 1998 the Ukrainian National Committee of Youth Organizations (UNCYO) which was an independent non-governmental organization and had status of All-Ukrainian Youth and Children's non-governmental organizations Union has been supporting the non-government organizations of Ukraine with receipt and disposition of funds under the law "On youth and non-government organizations". Thus, the UNCYO obtained 7 millions UAH in 1998 and almost 13 millions UAH in 2000 but the system was corrupted.
The independent public and youth organizations, supported by diaspora, business and the greatest international community realized the necessity of liquidation of the system teaching the youth real corruption.
Under Decision of Constitutional Court dated 2001 the Clause lost legal force as unconstitutional. Since then the system of funds disposition returned to State Committee and today the system is governed by the Ministry of Ukraine for Family, Youth and Sports. In 2007 the amount of money for the projects of Public youth organizations comprised 11 millions UAH and in 2008 – 15 millions UAH.
Current program and money distribution system
State support of youth and children's non-governmental organizations for execution of State programs and measures concerning children, youth, women and families (program code 3401170) is realized under the Law of Ukraine "On State Budget of Ukraine for 2009 and amendments to some legislative acts of Ukraine".
The Ministry of Ukraine for Family, Youth and Sports announced a competition of programs projects on children, youth, women and families for relevant year, elaborated by non-governmental organizations. Holding of the competition is described in the Procedure of holding competition of program projects on children, youth, women and families developed by non-governmental organizations and approved by the Order No. 1062 of the Cabinet of Ministers of Ukraine dated the 25th of July, 2002. Program projects, developed and presented by non-governmental organizations having All-Ukrainian status and being legal entities and registered in accordance with the established procedure not later than a year to the deadline of competition filling are permitted.
The list of experts, their job order and program projects evaluation instruction are approved by the Ministry of Ukraine for Family, Youth and Sports.
Examples
In 2000 the projects of All-Ukrainian youth non-governmental organization "Republican Christian Youth" were supported to the sum of 250 000 UAH, the projects of the Youth non-governmental organization Youth information center "Euro < 26 - Zarevo" to the sum of 200 000 UAH, the projects of the Union of Studying Youth "Zarevo" to the sum of 140 000 UAH, the projects of All-Ukrainian Council of young Scientifics and Experts to the sum of 49 000 UAH, the projects of the Socialistic Youth Congress were supported to the sum of 180 000 UAH, the projects of the Council of Young Entrepreneurs of Ukraine to the sum of 100 000 UAH, the projects of All-Ukrainian Youth Hostel Association to the sum of 130 000 UAH, etc. All these organizations belong to All-Ukrainian Union of Youth and Children's Non-governmental Organizations "National Council of Youth Organizations of Ukraine". The projects of this union are also supported by the Ministry to the sum of 295 000 UAH.
Problems
The Members of Competition Committee were the persons representing interests of non-governmental organizations – winners of the competition (were Executive-board Members of NGO, Heads of NGO etc.), that is the proof of prepossession of the members of Committee to the projects under consideration.

• Are there organizations that receive direct state subsidies because they are important or represent the interests of certain groups (e.g. the Red Cross or Union of Blind)?

The Cabinet of Ministers of Ukraine establishes activity financing procedure of some or other categories of non-governmental organizations by its acts.

• Are there examples of local authorities providing funds to NGOs for certain activities?

Among 25 regional centers of Ukraine only 9 cities – Kyiv, Lviv, Odessa, Poltava, Kherson, Chernihiv, Chernivtsi, Lutsk (since 2009) and Khmelnytskyi have the Provisions on competitions for social services.
The competitions of social projects are carried out under the Articles 141 – 142 of the Constitution of Ukraine, paragraph 1 of the Articles 18 and 25 of the Law of Ukraine "On local government", the Laws of Ukraine "On goods, jobs and services purchase for State Funds", "On the Citizens Union", "On charity and charitable organizations", "On professional and creative employees and creative unions" and "On Public Youth Organizations".

The Amount of Financing in the framework of involving non-governmental organizations for solving topical issues of Community based on the results of social projects are presented below

Financing procedure
The sources of municipal grants are budget funds provided annually by the municipal budget and approved by the city council as the separate programs or included into existing programs. If the sum of money for the projects is equal or exceeds the sum of 5000 euro, the payment of project is carried out in accordance with the Law of Ukraine "On purchase of goods, jobs and services for the state funds".
Perspective
Kharkiv regional Public union "Association of communities' development" held competitive tender for the selection of Ukrainian cities for holding seminars-workshops on the social services. The aim of these measures is implementation of the progressive social technology - social services in the chosen cities for the increase of efficiency of municipal government budget funds for the social protection of public.

• Are the cases when the state/local authorities hire an NGO to provide certain services or perform a certain task e.g. prepare a legislative analysis or provide food to old people.

Participation of NGO in rendering of social services or performing certain types of activities is possible only in the way described in the paragraphs A., B., C. and E.

• Can NGOs take part in public procurement procedures and get contracts?

Current legislation
The Law "On goods, jobs and services purchase for State Funds" is in force in Ukraine. It is indicated in the Article 17 "Participation of community in formation and implementation of the state policy in the Public purchases sphere" that "citizens, non-governmental organizations and their unions participate in formation and implementation of the state policy in the Public purchases sphere…" The field of application of the Law is described in the Article 2 of the Law – the law is applied for all goods, jobs and services purchase completely or partly made for the State Funds on condition that the price of the purchase for the goods, service (services) is equal or exceeds 20 000 UAH and 50 000 UAH for jobs.
Participation problems of NGOs in Public purchases
According to GRECO (Group of States against Corruption) and other international organizations the Public purchases in Ukraine remain extremely corrupted. According to researches of non-governmental organization "Podilia pershyi" ("Podilia the first") in August 2007, the duration of purchase process comprises 3-9 months, tender security comprises 8-85 thousand UAH and additional expenses – 5-19 thousand UAH. When tenders are applied by State clients such procedures are virtually an obstacle for participation of Public society organizations (PSO) in the procedures of Public purchases.
The qualifying requirements for purchases participants including availability of the contracts executed before, audit conclusions, number of permanent employees or even territorial status are established by the clients arbitrarily that complicates considerably the participation of PSO in Public purchases.
Furthermore the clients don't generally support the appropriate informing of potential participants that is why almost a half of participants of Public purchases are invited by the clients. Monopolization of informational support of public purchases also needs unreasonably heavy expenses of PSO for participation in the similar procedures.
Implementation of special procedures of public purchases for PSO will scarcely allow improving drastically their financing even because the procedures of purchase are often declared as uncompleted. The alternatives of changes of legislation may particularly be: an expansion of range of services not governed by legislation on compulsory procedures of purchase; increasing of minimal sum of purchases not requiring compulsory procedures; establishment of particular quotas for PSO – subcontractors in public purchases (as subjects of small business). However this issue requires separate additional analysis.

• Are state funds provided in a decentralized way (e.g. each ministry gives grants in its own area or there is one institution giving grants in different areas)

Described in details in the paragraphs. A. and B.

CHARTER 2: NGO PARTICIPATION IN DECISION-MAKING

• Is there a state strategy for NGO-government relations?

Strategic council on the state policy development
Strategic council on the state policy development had to be created according to the Decree No. 1276 of the President "On the securing of public participation in creation and implementation of state policy" dated 15th of September, 2005. It has to be an advisory and consultative body for the development of the strategic orientations of the state development, assistance in making of National reports and organization of the Presidential hearings. The Council hasn't yet been created and hasn't held any meeting. The aforementioned decree was amended and the Strategic council on the state policy development was winded up under presidential Decree No. 525/2008 dated 9th of June, 2008.
Conception of executive bodies assistance in the civil society development in Ukraine
The Cabinet of Ministers of Ukraine established a Conception of executive bodies assistance in the civil society development in Ukraine by its Order No. 1035 on the 21st of November, 2007.
The institutes of civil society include non-governmental organizations, professional and creative unions, organizations of employers, charitable organizations and religious organizations, private mass media and other non-business associations and institutions.
The conception aim is to create favorable conditions for further development of civil society and development of democracy in Ukraine.
The conception determinates:

• main targets of the state policy assistance in the civil society development,
• principles and forms of interactions of the executive bodies and civil society organizations,
• directions for the improvement of legislation acts on the activity of CSO.

The conception implements permanent mechanism of involving public into organizations of activity of government authorities on the development of civil society: Ministries, central and local executive power bodies, regional and municipal state administrations through the civil society institutes put forward suggestions to project of the Ministry of Justice on the Plan of measures for the calendar year; the Ministry of Justice sends the Plan of measures to the Cabinet of Ministers for approval.
The conception implements mechanisms of involving public into estimation of success of accomplishment regulations of the Conception by different bodies.

Practice  
1) Civil information-methodological center "Vsesvit" together with All-Ukrainian civil society Alliance "Maidan" with informational assistance of site "Maidan" (www.maidan.org.ua) and with assistance of International Fund of Civil society "Vidrodzhennia" (the program "Enforcement of civil society influence") held monitoring on implementation of conception of executive bodies assistance in the civil society development http://maidanua.org/special/vis?p=392 in Ukraine in 2008.
2) Ukrainian Independent Center of Political Analysis monitored the Plan of measures for 2008. Monitoring showed that 6 measures were taken properly (25%), nine measures partly (37, 5 %) and nine measures failed to be taken (37, 5%). In general the plan of measures was fulfilled for 62, 5 %, that is a very good indicator for Ukrainian government comparing with the practice in other political directions. In the beginning of this year, on the 28 of January, All-Ukrainian conference were 140 organizations of civil society elaborated proposals to the Plan of measures for 2009 and send them to the government for consideration took place. However, these proposals were taken into account partly while projecting the Plan of measures for 2009.

• Is there a ministry or agency responsible for relations with NGOs?

There is no ministry or agency responsible for relations with NGOs.

• Is there a parliamentary commission responsible for NGO issues?

There is no parliamentary commission responsible for NGO issues in Ukraine.
Civil advisory council under Verkhovna Rada of Ukraine was founded to influence a law making process. It is advisory and consultative body that should consist of representatives of civil organizations, charitable funds and analytical centers. Civil council was established in 2004 by Volodymyr Lytvyn, the chairman of Verkhovna Rada of Ukraine. The main aim of the civil council is to inform the heads of parliament about public position on the topical issues of civil development and participation in law making process. The council continued functioning and held on awareness raising session under Oleksandr Moroz, the chairman of Verkhovna Rada of Ukraine. Constant political crises and changes of the speaker prevent organizing systematized and efficient work of the council.
Civil councils under the Committees of Verkhovna Rada of Ukraine.
The practice of foundation of civil or scientific or advisory and consultative councils under the Committees of Verkhovna Rada was established in Ukraine. Civil councils under the Committees of Verkhovna Rada could be a useful mechanism of public attraction into law making process. As a rule such councils are created on the initiative and by decision of the Committee. Civil councils were created under 6 Committees of 27 in 2007. Presently any civil council is operating actively.

• Can NGO easily take part in debates in parliamentary committees?

Mechanism of public attraction into decision-making was elaborated in Ukraine – that is holding of parliamentary and committee hearings.
Holding of parliamentary hearings is regulated by the Chapter 39 of the Rules and Procedures of Verkhovna Rada (Parliament)of Ukraine, approved by the Decree of Verkhovna Rada of Ukraine No. 574-VI on the 19th of September ,2008. Article 233 Paragraph 1 Parliamentary hearings are hold for consideration of issues of the social interest requiring legislative settlement. It is indicated in the Article 234 on initiation of parliamentary hearings and indication of date of their holding that the Proposal on holding parliamentary elections can be made on the basis of the decision on the corresponding issue taken by the Committee in the form of draft regulations of Verkhovna Rada with indication of the issue of hearings and the date of their holding. Just one topical issue can be suggested for consideration on parliamentary hearings. Article 235 Paragraph 1 The representatives of government authorities, local self-governing bodies, political parties, other unions of citizens, scientific institutions, public representatives who expressed their will to participate in parliamentary hearings in Vekhovna Rada and submitted corresponding application to the Committee not later than 5 days are invited for participation. The decision on holding of hearings is approved by Verkhovna Rada on the initiative of the Committee. The representatives of civil organizations are always called upon during hearings according to the existing practice. Article 236 Paragraph 8 During the plenary session in a view of results of parliamentary hearings Verkhovna Rada adopted the Decree of Verkhovna Rada approving corresponding recommendations.
The committee hearings are held in the same manner. Chief hearings organizer is the Committee of Verkhovna Rada of Ukraine and decision of hearings is approved by resolution of the Committee and concerns exclusively the Committee.
The representatives of civil organizations are always permitted to express their own position. The high percentage of considering proposals of public in resolutions of parliament hearings is noticed.

• Is there a legal requirement for ministries/parliament to publish draft laws on their websites and ask for comments from the public?

Notice of holding consultations with public is given by the executive bodies in mass media and on the web page of the respective executive body according to the Paragraph 1 of the "Procedure of holding consultations with public on formation and implementation of state policy" approved by the Decree of the Cabinet of Ministers of Ukraine "Some issues on securing of public participation in formation and implementation of state policy" No. 1378 dated 15th of October, 2004.
Ukrainian center of independent political analysis monitored fulfillment of the Plan of measures of implementation of the Conception of assistance to the executive bodies of civil society development in 2008. The information on execution of measures related to information services rendering is placed in the table:

• Are there joint bodies between the administration and NGOs for consultations on different issues?

   An effective mechanism of partnership of state authority, agencies of local self-government with civil society institutes is created according to the Decree of the President      No. 1276/2005 "On the securing of public participation in creation and implementation of state policy" dated 15th of September, 2005 .
The Decree of the Cabinet of Ministers of Ukraine No. 1378 "Some issues on securing of public participation in formation and implementation of state policy" dated 15th of October, 2004 approves:

• The procedure of holding consultations with public on formation and implementation of state policy;
• Provisions on the Civil council under the Cabinet of Ministers of Ukraine;
• Provisions on the civil councils under the central and local executive bodies.

Civil council under the Cabinet of Ministers of Ukraine is advisory and consultative body. It performs coordination of activity of the civil councils under central and local executive bodies on formation and implementation of state policy.
Civil councils under central and local executive bodies (hereinafter referred to as the Civil councils) are advisory and consultative bodies created for execution and coordination of measures related to securing of holding of consultations with public on creation and implementation of state policy and have to include the representatives of civil organizations, professional associations and other unions of citizens, representatives of agencies of local self-government, mass media.
Civil council under the particular executive body is created by the Order of the Head of this body. As a rule, this Order approves its personal composition and Provisions.
Mechanism of activity of the Civil council:

• prepares and submits proposals to the tentative plan of holding of consultations with public;
• executes measures on organizations and holding of consultations with public;
• handles proposals received subsequent to the results of consultations held with public and remarks on creation and implementation of the state policy;
• makes proposals and remarks according to the established procedure at corresponding executive body.

According to the Cabinet of Ministers:

• 14 civil councils function under 14 ministries of 20, the candidates for chairman are being determined in 3 civil councils and civil councils are reorganized and formed under the other 4 ministries.
• Civil councils were not established under 8 of 38 central executive bodies, structure of the civil body is being formed under 2 and the candidature for the chairman is being determined under 3.
• The candidature of the chairman of civil council is being determined under 4 of 27 regional and local state administrations and Council of ministers of Autonomous Republic of Crimea and the others were created and function.

Estimation of M.Latsyba, the expert of Ukrainian independent center of political analysis: Civil council activity is undoubtedly a progressive mechanism of considering public interests. However, in the majority of cases civil councils unfortunately don't function properly. On the one hand it is worth noting that the heads of authorities don't want to hold consultations and consider public proposals, on the other hand it is worth noting passive position of civil organizations as well as lack of will to cooperate structurally and professionally in the domain of state policy formation. There were cases when the heads of bodies refused to integrate some organizations into councils. As a rule civil council is in the charge of the head of body that on the one hand increases the statutes of consultations and on the other hand decreases considerably the number of councils. Unfortunately information about the civil councils activity is almost absent in the sites of the state agencies.

• Is there a legal act or other state document requiring the administration to consult with NGOs?

Holding consultations with public is determined by the Procedure of holding consultations with public on state policy formation and implementation (hereinafter - Procedure) approved by Decree No. 1378 "Issues on securing public participation in formation and implementation of state policy" dated 15th of October, 2004.
Obligatory issues for consultations with public are indicated in the Paragraph 3 of the Procedure:

• Projects of regulatory legal acts on rights, liberty and legitimate interests of citizens;
• Projects of state and regional programs of economic, social and cultural development, resolutions on the course of their performance;
• Reports on expenditure of Budget funds during the last year by the main funds administrators of the State Budget of Ukraine;
• Information on activity of the Cabinet of Ministers and central and local executive bodies.

The establishment of civil councils under executive bodies for coordination of measures on holding consultations with public and monitoring of considering of public opinion is determined in the Paragraph 5 of the Procedure.
It is determined in the Paragraph 7 of the Procedure, that consultations with public are being held as common public hearings (direct form) and public opinion research (indirect form).
Central and local executive bodies draw a tentative plan of holding consultations with public on the basis of the proposals prepared by the civil council according to the Paragraph 11 of the Procedure:
"Unions of citizens may initiate holding consultations with public on the issues not provided by the tentative plan by submitting the respective proposals to the civil council or executive body according to the Paragraph 14 of the Procedure of holding consultations with public.
Holding consultations with public is obligatory if such a proposal was received at least from three unions of citizens. Paragraph 16 of the Procedure: Notice of holding consultations with public is made by the executive bodies in mass media and on the web page of corresponding executive body. Paragraph 33 of the Procedure: The results of holding consultations with public are taken into account by the executive body while taking final decision.

REFERENCES:

1. The Order No. 1062 of the Cabinet of Ministers of Ukraine dated 25th of July, 2002 "The procedure of holding competition of program projects on children, youth, women and families developed by non-governmental organizations".
2. O. Solontai "State becomes the greatest donor of non-governmental organizations. "Ukrainska Pravda", 2008 http://www.pravda.com.ua/news/2008/1/30/70683.htm
3. Materials of site "Social mandate in Ukraine" http://soczakaz.org.ua
4. V.Staryk, T. Tatarchuk "How does the competition of social projects in Chernivtsi acts?"
http://www.ucipr.kiev.ua/modules.php?op=modload&name=News&file=article&sid=6032358&mode=thread&order=0&thold=0
5. Information of competition on holding seminars-workshops on the social mandate for the cities of Ukraine http://gurt.org.ua/news/competitions/2467/
6. The competition of social and cultural projects in Lviv http://www.city-adm.lviv.ua/ngo/content/view/19/22/
7. Article: "Financing of organizations of public society in Ukraine". O. Vinnikov / European Law Development System. January, 2008.
http://www.ucipr.kiev.ua/modules.php?op=modload&name=News&file=article&sid=6032327&mode=thread&order=0&thold=0
8. Information about the civil councils under executive bodies is placed in governmental portal
http://www.kmu.gov.ua/control/uk/publish/article?&art_id=11274023&cat_id=11152463