delegation of the european union to ukraine...2010/11/11 · and sustainable civil service in...
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Twinning Fiche
"Support to Civil Service Development in Ukraine"
November 2010
EUROPEAN UNION DELEGATION OF THE EUROPEAN UNION TO UKRAINE
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LIST OF ABBREVIATIONS
BC Beneficiary Country (beneficiary of twinning projects under IPA or ENPI)
ENPI European Neighbourhood and Partnership Instrument, successor of the Tacis and the MEDA programmes for the period 2007-2013. Community assistance under the ENPI shall promote enhanced cooperation and progressive economic integration between the European Union and the partner countries and, in particular, the implementation of partnership and cooperation agreements, association agreements or other existing and future agreements. It shall also encourage partner countries’ efforts aimed at promoting good governance and equitable social and economic development. Ukraine is covered by the ENPI.
HRM Human Resources Management
MDCS Main Department of Civil Service of Ukraine
MS Member State(s) of the European Union. From 1st January 2007 the European Union consists of 27 MS
NAPA National Academy for Public Administration, office of the President of Ukraine
PCA The formalisation of bilateral relations between the EU and individual partner countries has been achieved through the negotiation of Partnership and Co-operation Agreements (PCAs), now in force with ten of the Eastern European and Central Asian countries. PCAs are legal frameworks, based on the respect of democratic principles and human rights, setting out the political, economic and trade relationship between the EU and its partner countries. Each PCA is a ten-year bilateral treaty signed and ratified by the EU and the individual state
RI Regional Institutes for Public Administration
RTA Resident Twinning Adviser: a civil servant from a Member State administration who works in the BC on a full-time basis for at least one year in the framework of a Twinning project
STE Short-term expert
TACIS Launched by the EC in 1991 and ongoing until December 2006, the TACIS Programme provided grant-financed technical assistance to 13 countries of Eastern Europe and Central Asia and mainly aimed at enhancing the transition process in these countries. Countries concerned were: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan
TNA Training Needs Analysis (Training Needs Assessment). The identification of training needs
WTO World Trade Organization
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1. Basic Information 1.1. Programme: ENPI 1.2. Twinning number: UA09/ENPI/OT/23 1.3. Title: "Support to Civil Service Development in Ukraine" 1.4. Sector: Civil Service reform, Reform of Public Administration,
Government Administration 1.5. Beneficiary country: Ukraine 2. Objectives 2.1 Overall Objective To contribute to the building of a democratic, professional, merit-based, ethical, politically neutral and sustainable civil service in Ukraine in accordance with the best European and world practices. 2.2 Project purpose Increased capacity of the Main Department of the Civil Service of Ukraine (MDCS) to effectively and efficiently steer the process of public administration and civil service reform, as well as to introduce crucial public management tools such as human resources management, strategic approach to policy making, and public marketing in the civil service (awareness and attractiveness issues) according to European requirements and best international practices 2.3. Contribution to National Development Plan/Cooperation Agreement/Association Agreement/Action Plan 2.3.1. National Reform Plan
The President of Ukraine presented an Economic reforms programme “Prosperous country, competitive economy, efficient state” in June 20101. It covers five main directions for reforms in the country. The modernisation of public administration is an integral component of the Programme. However, it should be noted that the public administration reform agenda is supposed to be presented at a later stage.
MDCS together with other stakeholders is in the process of preparation of the mentioned chapter of the Economic reforms programme. It will probably focus on enhancing the efficiency of public administration by optimisation of structure and distribution of functions among central and regional public administrations, civil service reform (HR policy) and introduction of e-governance in the context of improving communication between public administration and citizens/business and increasing quality of public service delivery.
Furthermore, the MDCS is being currently working on developing the concept of a State Target Programme for public administration and civil service reform for 2011-2015, which will constitute an implementation tool for relevant chapter of the Economic reforms programme.
1 Ukrainian version of the Economic reforms programme (without chapter on PAR) is available at
http://www.president.gov.ua/docs/Programa_reform_FINAL_1.pdf
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In parallel, a package of legislation for adoption by Parliament is currently under preparation, namely a new law on civil service, a law on ministries and central executive bodies, a code of administrative procedures. The work on a number of strategic documents (the Strategy of human resource policy development, the Reform of the National Academy of Public Administration) has been also initiated in a view to complement the public administration reform strategy.
The MDCS plays an important role in preparing the above-mentioned national reform plans, as well as in coordinating with other policy stakeholders.
2.3.2 The Partnership and Cooperation Agreement Ukraine was the first country of the former Soviet Union to conclude a Partnership and Cooperation Agreement (PCA)2 with the European Union. The PCA, that was signed on 16 June 1994 and entered into force on 1 March 1998, constitutes the legal base of the EU-Ukraine relations and establishes cooperation on a wide range of political, trade, economic and humanitarian issues. The objectives of this Partnership are:
• to provide an appropriate framework for the political dialogue between the Parties allowing the development of close political relations;
• to promote trade and investment and harmonious economic relations between the Parties and so to foster their sustainable development;
• to provide a basis for mutually advantageous economic, social, financial, civil scientific technological and cultural co-operation;
• to support Ukrainian efforts to consolidate its democracy and to develop its economy and to complete the transition into a market economy.
In recognition of the significant democratic and economic reforms underway in Ukraine, the EU and Ukraine opened negotiations in March 2007 on a New Enhanced Agreement (NEA) that would replace the present PCA and will include a deep and comprehensive Free Trade Area as a core element thereof. Following a decision of the WTO General Council in February 2008, Ukraine has become a WTO member on 16 May 2008. As a result, the EU and Ukraine launched negotiations for a free trade agreement between the EU and Ukraine. At the EU-Ukraine Summit held on 9 September 2008 in Paris, both Parties have defined that the new agreement between EU and Ukraine will be an association agreement, which leaves open the way for further progressive developments in EU-Ukraine relations3. The Association Agreement will renew EU-Ukraine common institutional framework, facilitate the deepening of the relations in all areas, and strengthen political association and economic integration between Ukraine and the European Union by means of reciprocal rights and obligations. 2.3.3 The European Neighbourhood Policy The European Neighbourhood Policy (ENP)4 was developed in 2004, with the objective of building a deeper relationship with its neighbours to the east and south, supporting their reform processes. The overall goal of ENP is to foster the political and economic reform process, promote closer economic integration, legal and technical approximation and sustainable development. The privileged relationship with neighbours will build on mutual commitment to common values principally within the fields of the rule of law, good governance, the respect for human rights, including minority rights, the promotion of good neighbourly relations, and the principles of market economy and sustainable development.
2 http://trade.ec.europa.eu/doclib/docs/2003/october/tradoc_111612.pdf 3 http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/er/102633.pdf 4 http://ec.europa.eu/world/enp/policy_en.htm
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In the communication of 4 December 2006 “On strengthening the European Neighbourhood Policy”5, the EC underlined that the first eighteen months of implementation of the ENP have laid a substantial foundation for strengthened relations between the Union and its neighbours and that the ENP now has a dedicated financial instrument that will significantly improve the quality of its assistance and provide more funds to support its partners’ reforms (European Neighbourhood and Partnership Instrument, ENPI).6 Ukraine is one of the priority countries of the ENP. This twinning project will also help to fulfil the priorities of the ENP and then particularly in strengthening democracy and governance. 2.3.4 The European Neighbourhood Policy in Ukraine The central element of the European Neighbourhood Policy is the bilateral ENP Action Plan agreed between the EU and each partner. These set out an agenda of political and economic reforms with short and medium-term priorities. The Association Agenda7 is a new practical instrument replacing the EU-Ukraine Action Plan, which aims at preparing for and facilitating the entry into force of the EU-Ukraine Association Agreement, which is currently being negotiated. The Association Agenda was adopted on 23 November 2009 by the EU-Ukraine Cooperation Council. It sets out key priorities for reforms, which Ukraine should address in the coming years in order to fully benefit from the intensified co-operation and improved market-access foreseen in the new Association Agreement. The Association Agenda represents a new opportunity for strengthening the administrative capacity in Ukraine. This is, in particular, related to the section on democracy, rule of law, human rights and fundamental freedoms that emphasize: strengthening the stability, independence and effectiveness of institutions guaranteeing democracy and the rule of law (in particular: work closely together in reforming and enhancing the capacity of the public administration system in Ukraine on the basis of an assessment by SIGMA, including an effective fight against corruption).
The Association Agenda establishes a Joint Committee at senior officials’ level to review progress in implementing the reform priorities set out in the document and to up-date it periodically as appropriate. The Joint Committee will report regularly to the EU-Ukraine Cooperation Council. During its first meeting on 26 January 2010, the Joint Committee approved the List of the EU-Ukraine Association Agenda priorities for 20108. In order to implement policy priorities defined by ENP Action Plans / Association Agenda a dedicated financial instrument - European Neighbourhood Policy Instrument (ENPI) – has been set by the European Commission. The indicative financial envelope for Ukraine under the National Indicative Programme for the period 2011-20139 is € 470 million.
The programme finances the implementation of three priorities: good governance and the rule of law; facilitation of the entry into force of the EU-Ukraine Association Agreement (including a deep and comprehensive Free Trade Area); sustainable development.
5 Available at: http://ec.europa.eu/world/enp/pdf/com06_726_en.pdf
6 http://ec.europa.eu/europeaid/where/neighbourhood/overview/how-does-enpi-work_en.htm
7 Available at: http://eeas.europa.eu/ukraine/docs/2010_eu_ukraine_association_agenda_en.pdf
8 Available at: http://eeas.europa.eu/ukraine/docs/2010_association_agenda_priorities_en.pdf 9 Available at: http://ec.europa.eu/world/enp/pdf/country/2011_enpi_nip_ukraine_en.pdf
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3. Description 3.1 Background and justification The need for public administration and civil service reform is caused by the obvious gap between requirement for efficient, reliable, accountable, de-politicised and merit-based administration and the way public administration bodies currently function. The new role of the public administration (in its broad sense) lies in the policy formulation (strategic planning) and addressing social problems which can not be solved through market mechanisms. Also, regulatory function shall be duly performed in ensuring that established rules and norms are observed. As a consequence, the area of responsibilities in the public administration shall be clearly identified. Therefore, the primary task is to improve the general (horizontal) management systems of the Ukrainian government which condition the functioning of administration:
- policy making system (public policy principles and procedures on decision-making); - administrative legal framework (principles of developing and organisation of the system of
public administration and civil service); - human resources management (civil service); - public expenditure management systems; - public internal financial control; - public procurement system; - external audit.
The quality and performance of public administration are mainly determined by the first three management systems mentioned above, while the remaining ones establish a comprehensive framework for transparent and efficient use of public resources and effectiveness of public policies. The civil service reform is one of the major challenges with regard to the overall reform of the Ukrainian governance system. This reform is crucial, because it lays foundation for further measures aimed at modernising the public administration on the basis of democratic values and principles. It also constitutes a key factor of success for implementation of structural and sector reforms to support economic and social development of Ukraine. Institutional capacity building in public administrations is therefore one of the priorities to which a great attention is attached by the EU through the ENP framework. The aim of the civil service reform shall ensure that public authorities function effectively, public policies have positive impact on common wealth and civil servants serve the national interests of Ukraine and its citizens. This includes:
- clear definition of civil servants rights and duties, establishing system ensuring observation of the set rules; pay and promotion system, legal regime governing incompatibilities and conflict of interests;
- clear definition and adoption of civil servant's professional activity standards based on the principles of strategic planning in public sector institutions and public service delivery;
- performance monitoring of public authorities and their leadership with regard to the implementation of strategic policies and delivering services to the citizens;
- improvement of selection and recruitment system to attract well-qualified candidates to civil service positions;
- adoption of regulatory documents improving legal framework for civil service, including the new law on civil service and a minimum set of related laws on government, financial
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control, law-making, general administrative procedures and processes in line with EU practices;
- training and developing skills of current and future public service employees (especially in law and economics);
- establishing quality control (staff assessment, management plans etc.);
- elaboration of mechanisms, drafting necessary regulations, establishment and training of relevant services;
- ensuring transparency and accountability of the civil service through an efficient human resources management, increased responsibility for individual performance, clear promotion mechanisms.
The adaptation of Ukrainian civil service to the European principles for public administration mainly concerns the following issues:
- comprehensive revision of the current legislation and regulations regarding civil service and relevant administrative proceedings;
- separation between political and administrative positions to ensure political neutrality and impartiality of the civil service;
- promoting personal growth and performance of civil servants through a fair and merit-based compensation system;
- improvement of civil servants capacity building and training with a particular emphasis on professionalization of civil service;
- improvement of the overall system of the management of civil service.
The foundations for developing civil service in Ukraine were laid in December 1993 with the adoption of the Law of Ukraine "On the Civil Service". Further developments took place in the framework of the Strategy of Civil Service Reform which was implemented from 2000 to 2003. It is commonly agreed that the above-mentioned law "On civil service" does not correspond to the current requirements for professional civil service and effective policy making. Therefore, the adoption of a new draft law on civil service is an urgent need and a major priority in the field of public administration reform. Development of the new law on civil service started in 2004, but the progress was complicated due to various political and administrative reasons. The Draft Law on Civil Service was discussed and approved by all the interested institutions in early 2009. However, the Cabinet of Ministers has postponed the adoption of this draft and consequently its submission to the Parliament. At the moment, the submission of this draft to the Parliament depends on the approval of the Strategy of human resources policy development for 2011-2020. The draft law is being revised in line with the new constitutional framework (see below) and new law on "Cabinet of Ministers of Ukraine" adopted in October 2010. The draft law on Civil Service (new edition) is aimed at improving a number of issues:
- equal access to the civil service; - division of political and administrative functions and positions in the executive bodies; - political neutrality in the civil service; - human resource management system in the civil service; - adequate remuneration of the civil servants; - enhancing of the legal (disciplinary) responsibility of civil servants; - implementation of efficient mechanisms on corruption prevention and the conflict of
interests.
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It should be also noted that a package of anti-corruption measures has been adopted in 2009. In particular, a new anti-corruption legislation will come into force on January 1, 2011 and it includes:
- the Law of Ukraine "On fundamentals of preventing and combating corruption"; - the Law of Ukraine "On responsibility of legal entities for committing corrupt violations"; - the Law of Ukraine "On amendments to some legal acts of Ukraine concerning the
responsibility for corrupt violation". The essence of the anti-corruption legislation is based on the following principles:
1) To restrict, neutralize or eradicate the factors of corruption: - conflict of interests (either personal or official); - ethical behavior of the person authorized to fulfill the state tasks and functions;
2) To strictly define the characteristic features of corruption violations: - adequate measures of responsibility for the violation commitment, - effective functioning of the central executive bodies and their subdivisions which are
responsible for anti-corruption activity. The Law of Ukraine "On fundamentals of preventing and combating corruption" is supposed to be the base legislative act in Ukraine that predetermines the following:
- legal and organization basis on preventing and combating corruption taking into consideration the statutes of international agreements on these issues;
- the enhancing of the list of corruption activities, types of administrative corruption violation; - the division of corruption activities according to the level of social danger and the
responsibility for committing violation. There are criminal, administrative, disciplinary and civil types of responsibility;
- the enhancing of the list of the corruption subjects; - efficient activity on preventing and investigation corruption.
On 1 October 2010, the Ukrainian Constitutional Court annulled parts of the constitution introduced in December 2004 in order to expand Parliament's rights. The recent decision returns Ukraine to its 1996 constitution whereby significantly reinforcing the President’s powers and competences. The enforcement of the 1996 Constitution will require important legal and institutional changes, including related to the re-organisation of the administration. Consequently, the restructuring process has been already launched by the presidential decree of 13 October 2010, asking the Committee for Economic Reforms to prepare within one month proposals for the optimisation of the central executive bodies system with an aim to avoid duplication of functions and to ensure reduction of civil servants and operation cost. 3.1.1 Recent activities in the sector In 2006, the Sigma programme – joint initiative of the EU and OECD, principally financed by the EC – has developed a comprehensive study "Ukraine Governance Assessment"10, which was supported by the MDCS and financed by Swedish agency of International Development (SIDA) and UK Department for International Development (DfID). SIGMA experts assessed the quality of six general dimensions (including the civil service) of public administration. The results of the conducted assessment were presented in the report with the recommendations on the adaptation of the public administration in Ukraine to SIGMA baselines for public administration11, set by the best European practice and existing legislation of European Union.
10 http://www.sigmaweb.org/dataoecd/46/63/37127312.pdf (English version) http://www.center.gov.ua/data/upload/publication/main/ua/530/sigma_text.pdf (Ukrainian version) 11
http://www.sigmaweb.org/dataoecd/26/30/36972467.pdf
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The SIGMA research has shown that weak professionalism is the main problem preventing development of the civil service in Ukraine. The problem has been recognised and the MCSD is applying all the efforts to adopt a new Civil Service Law which, being duly elaborated and implemented will help create proper conditions for a new and modern civil service. The SIGMA recommendations are still valid for further development of civil service system in Ukraine. The civil service reform is one of priority sphere of currently reforms in Ukraine. Recommendations related to improvement of the civil service legal framework, HR reform, institutional set up for the civil service management are still valid. Some of these priorities will be under consideration in the current Twinning project especially HR management system development. In particular, this Twinning project takes into account the following priorities, mentioned by SIGMA:
• On the institutional level, an assessment of MDCS performance will be carried out and recommendations of institutional changes would be elaborated. On this basis the Medium-term Institutional Development Plan of MDCS would be developed;
• On the human resource level, the methodology for organizational and functional review of the HRM function would be designed. The Medium-Term HRM Action Plan would be prepared;
Achievement of these results will be in line with the current reforms of the civil service system in Ukraine. As far as the management of civil service is concerned, the SIGMA study recommends "to redesign the role, competences and powers of MDCS in order to become more and more of a reformer rather than a manager of individual cases". The further institutional development of the MDCS mainly depends on its capacity to "centralise conception and policy functions and de-centralise implementation and management activities". As noticed in the Sigma study, MDCS is currently more inclined to a case-by-case management approach than managing the civil service system of the country. The ongoing strategy of civil service development is defined by the Programme for civil service development for 2005-2010 approved by the Cabinet of Ministers' Decree of 08.06.2008 # 746 (amended by decree of 03.09.2004 # 746). The programme aim is to consolidate the efforts in building a professional, efficient and transparent civil service in Ukraine within the following axes:
- improved efficiency of performance of the state's functions and tasks by the civil service; - increased transparency and responsibility of the civil service; - development of the legal and regularity basis of the civil service; - rationalisation of the management of the civil service - professionalisation of the civil service; - increased use of IT-technologies in the civil service.
By its order dated 21.01.09 № 18 the Cabinet of Ministers of Ukraine has created the Council of Heads of HR Departments of Central Executive Bodies. This Council is considered to be the consultative and advice institution to the Cabinet of Ministers of Ukraine. The main functions of the Council are:
1. The participation in the determination of the priorities and the mechanism of institutional, information and other kinds of supply for the implementation of the unique state policy in the area of civil service on HR activity;
2. The assessment of the HR Services of central executive bodies and the improvement of its activity;
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3. The development and submission of the proposals to the Cabinet of Ministers of Ukraine and central executive bodies on the following issues: - the elaboration of recommendations on the professional level of proficiency and the
promotion in the civil service, the improvement of in-service training system; - the implementation of the leading native and international experience on civil service
and HR management; - the transparency of the civil service which presupposes HR selection and further
cooperation with the personnel, the improvement of the system of HR calculation through updated information technologies implementation;
- the improvement of the legal base in the area of civil service and HR management activity.
The Council is chaired by the Head of the MDCS. The Director of the MDCS Department of HR management of central executive bodies and local government bodies is the Secretary of the Council. The Heads of HR departments of central executive bodies are the members of the Council. The Council works on the basic of regular meetings to be held once in a half year. In 2009 there were two meetings of the Council (April 1 and September 7, 2009). Within the framework of the Council three working groups were created:
- on development of the proposals to the Draft Concept on improvement of HR management in the civil service;
- on development of the Draft Typical statute on HR service of central executive bodies;
- on elaboration of the methodological materials for HR services officials.
Main findings during the project's formulation phase
After substantive and inclusive consultations, and the assessment of the current situation the following key findings were rendered in April 2009:
- Despite considerable knowledge and expertise in particular sector areas and on specialized issues, there is an insufficient level of integrated knowledge and understanding of the system of public administration and civil service as a whole.
o Lack of orientation towards such cross-cutting issues is so prominent that, for instance, there is insufficient level of understanding of the roles of civil servants, the difference between public administration and civil service, etc.
o Moreover, the MDCS is overloaded with various functions, duties and competencies and the overall operations - although based on high degree of personnel commitment and devotion - are conducted in a fragmented manner that lacks strategic approach and more efficient horizontal coordination.
- There is a lack of an overall strategic document at the national level which adds considerably to the fragmented and non-systemic approach to public administration and civil service reforms.
o Most of the reforms are based on individual, narrowly focused decrees not coordinated amongst themselves – both in terms of substance and consequent reform actions
o This, further, creates competition between different ministries and departments and produces a number of institutional obstacles for effective reforms
o The competencies and functions are allocated without having in mind the relationships within the whole system and the need for coordination and collaboration – which often leads to overlap and insufficiently streamlined and efficient operations in general
o Such administrative context – along with the fact that there is no overarching mechanism for strategic planning, policy prioritizing and integrated coordination - creates too many and too dispersed priorities that often operate in isolation one from the other.
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o As for the MDCS, there is an addition impediment – namely, there is no identifiable and visible political person responsible for the PAR/CSR in the Government. The implication - political role being assumed by the Head of the MDCS – means that there is certain freedom of action, but also that there are certain long-term threats.
- The human resources system seems to have a number of downsides which hinders adequate management and development of civil service.
o The attitude and the approach pertaining tasks completion is still highly legalistic and bureaucratic – for instance, the HR unit of MDCS according to an established tradition and laws, which regulate its activity is still devoted primarily to personnel and legal tasks, and almost not at all to staff planning, career development and genuine performance appraisal
o Performance appraisal is too formal, done only on annually basis and not connected to either strategic results one is to produce, or compensation and rewarding
o There is a strong emphasis on quantitative results, (how many controls executed, how many people have got post graduate education in PA, etc) fulfilling formal duties, etc – and much less attention is put on quality, purpose and implications of particular activities
o Moreover, the mindset of the staff is oriented towards mere execution of procedures, their jobs are not integrated into an overall organizational plan, and there is no link between individual results and strategic orientation of MDCS
- The problems of the overall human resource system are further affected by challenges in providing a more coherent and effective training system.
o There is a lack of systematic approach – which is also reflected in the fact that there is no training strategy, no training / human resource development needs assessment, no staff planning, no career development policies, etc.
o The HR unit of MDCS does not provide training directly, it does not influence the content of training programs provided (nor it provides any substantive monitoring), and there are no quality standards.
o Training programs are not connected to particular priorities and policies and they do not relate directly to particular tasks and functions of the staff – therefore there is a missing link regarding training objectives and improvement of performance
o Training is managed mostly for statistical purposes and most of that is connected to formal education (post-graduate courses) - only some 6% deals with actual work-related training
o In addition, the training system is highly fragmented due to a high number of service providers that lacks any kind of effective coordination and integration into a broader training strategy and standards
3.1.2 Main actors and twinning stakeholders The Main Department of Civil Service The Main Department of Civil Service (MDCS) is an important actor in the sphere of civil service professionalization. It was established by Presidential decree 1272/99 of 02/10/1999. Further changes to the initial scope of competences and tasks of the MDCSU have largely widened amount of competences and area of activity. According to the Regulation on the Main Department of the Civil Service of Ukraine approved by the Resolution of the Cabinet of Ministers # 1180 on 26/09/07 the MDCSU main tasks are to ensure conducting of common state policy on civil service and functional management of it; to elaborate of measures for increasing efficiency of civil service; to
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participate in the process of public administration reform. In order to enhance the MDCSU activities the Centre for Support of the Civil Service Institutional Development (Government's regulation of April 14, 2004, ref. 485)12 was established under the MDCSU that has been renamed in 2008 to the Centre for adaptation of the civil service of Ukraine to the standards of the European Union. Furthermore, a School of Senior Civil Service has been created in 2008 within the MDCS in order to ensure professional trainings for senior civil servants (ministers, deputy ministers and heads of departments). According to the CMU Resolution “Regarding the approval of the Statute of the Main Department of Civil Service of Ukraine” of September 26, 2007, MDCS is a central executive public body, under the lead and coordination of the Cabinet of Ministries of Ukraine. The MDCS implements the unified national policy in the sphere of the civil service and is in charge of the functional management of the civil service. The MDCS organizes the application of legal acts and make systematical control of this application within its competency, summarizes the practice of the legislation application concerning the issues that are within its competences, develops proposals for its improvement and introduces these proposals to the Cabinet of Ministers of Ukraine. The main tasks of MDCSU are the following: - participation in the unified public policy making in the civil service sphere and implementation;
- functional management of the civil service;
- development of activities for enhancing effectiveness of civil service, coordination and supervision of its execution;
- methodological management of HR units in the fields of competitive selection, attestation, annual civil servants (including local authorities civil servants) duties fulfillment assessment, creation of staff reserve for civil service (including at local level) and prevention of corruption amount civil servants (including local authorities civil servants);
- organization and coordination of researches in the civil service sphere (including at local levels);
- participation in administrative reform;
- organization of functional review of executive bodies and preparation of proposals to enhance the public administration effectiveness;
- verification of fulfillment of the conditions defined by the legislation on civil service and exercise of citizens rights on civil service;
- provision of unified requirements to professional compliances of candidates to civil servant vacancy;
- organization of training, retraining and in-service training of civil servants (including local authorities civil servants);
- development of typical qualification profiles of civil servants. MDCS is currently included in the reforming process of the civil service system. The implementation of this Twinning project will help launching this reforming process in practice. Reform strategy of the civil service system will benefit from the project achievements. Human Resource Council In January 2009, Council of heads of HR services of central executive was created within the Council of Ministers, as a permanent consulting body (Decree of the Cabinet of Ministers of Ukraine of 21.01.09 № 18). This initiative is one of the results of study by MDCS regarding the practice of Council on Human Resources of Canada, which was presented within framework of
12 http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=485-2004-%EF
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Ukrainian-Canadian project “Reform of management of human resources in civil service of Ukraine”. The goal of the Council is to coordinate government human recourse management policy in civil service, as well as to support improvement of efficiency of human resources services in public administration bodies. Main tasks of Council are:
• To participate in defining priorities and mechanisms of institutional, informational and other aspects of unified state policy in civil service and in human resources management
• To analyze activity of human resources services of central executive bodies and to improve their work efficiency
• To prepare and submit to Cabinet of Ministers of Ukraine and to central executive bodies proposals regarding improvement of legislation regarding civil service and human resources management.
It is expected that the implementation of new approaches to human resources management in civil service, change of role and status of human resources divisions and improvement of the efficiency of work in the executive branch in general will be the basic result of the work of the Council.
The last meeting of the Council was held on 3 September 2010. Working groups for the elaboration of a manual "Orientations for newly appointed HR managers" were established on that meeting.
Twinning stakeholders The main twinning stakeholders will include major public authorities involved in the public administration and civil service reform as the President's Administration, the Minister of the Cabinet of Ministers, the Secretariat of the Cabinet of Ministers, the Parliament, the Ministry of Justice, Economy, Finance, Labour and Social Policy, Education, the National Academy of Public Administration and other institutions to be identified at a later stage. 3.1.3 Rationale for twinning As underlined above, the reform of civil service is one of the major reforms to be implemented in Ukraine in order to consolidate democratic way of the country's development and to ensure efficiency of the governance systems in addressing country's social-economic challenges through relevant public policies and services. The MDCS has authority to submit proposals in prescribed manner as for abovementioned reform implementation in the sphere of the civil service, to elaborate draft laws on the civil service and service in the local authorities bodies, to facilitate this reform through promoting necessary legislative and regulatory acts, as well as through introducing modern public management tools (human resources, quality control, performance evaluation, etc) among public authorities both at central and local levels. In this regard, the main objective is to re-design the competences, powers and scope of activity of the MDCS as a state body empowered to conduct overall management in the area of civil service, clarify its role in relation to other entities and support it in practical implementation of the human resources management tools. The MDCS maintains an active and efficient cooperation with international organisations and bilateral donors. This technical assistance and exchange is considered as an important means for adaptation of Ukrainian public administration in general and civil service in particular to the international standards and best practices of the European Union's member states.
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Given the urgent need to adopt and implement revised new versions of the basic laws regulating the civil service, the MDCS is willing to build on EU expertise and advice to modernise its institutional framework and structures and to strengthen its capacity as main promoter of reforms in the area of civil service and public policy in general. To achieve these objectives, an institutional Twinning between the Main Department of the Civil Service and an equivalent institution in one of the EU Member States was considered as the best way of relevant know-how transfer. 3.2. Linked activities In June 2008, after the signature of new contract between the EC and OECD, the Sigma programme – a joint initiative of the EC and OECD, principally financed by the EU – has been extended to the ENP countries, including Ukraine. The programme will be implemented until 31 December 2010. The indicative EC contribution to the actions for ENPI-East countries is 2.9M€ (49% of the total budget).
Ukraine was the first amongst newly eligible ENPI countries to propose the list of areas for SIGMA experts work in Ukraine, which is also due to the fact that a comprehensive Ukraine's Governance Assessment was made in Ukraine in 2006 by SIGMA, financed by DFID and SIDA.
Following consultations held within Ukrainian responsible bodies and between the EC and Ukrainian government, the civil service reform and public procurement reform were determined as priority areas for Ukraine. Initial experts' mission in the mentioned areas took place in September 2008. Currently the action plan in both sectors is being elaborated by SIGMA for further approval by the EC and Ukrainian side. As far as civil service is concerned, the following activities have been discussed:
• expertise of the draft laws laying down fundamental principles of civil service (law on conflict of interest in public sector, law on civil service and law on ministries and central executive bodies);
• advice on a comprehensive public administration reform based on a concept paper preliminary agreed by the Government in June 2008;
• capacity building activities regarding policy coordination. The MDCS is currently involved (as beneficiary, implementer or partner) in the number of international cooperation projects13 It should be noted that all of the project activities are integrated into the MDCS annual work plans, correspond to the MDCS’ mission and strategic priorities. MDCS has been or is currently a beneficiary of the following TA projects: Project "Technical support to public sector reforms in Ukraine" was supported by the Government of Denmark in the framework of an agreement with the Government of Ukraine signed in November 2007. This project was aimed at modernizing the Ukrainian public sector and civil service. The project's budget was 10.7 M DKK (1.4 M EURO). The project was implemented by a consortium of Ramboll management (Denmark) and CPM (Latvia). The project's beneficiaries were the MDCS (including the Centre for adaptation of the civil service to the standards of the EU) and the Secretariat of the Cabinet of Ministers of Ukraine (SCoM). The following results were achieved by the project:
- the capacity of MDCS for civil service reform development and implementation was improved;
- the capacity of SCoM in elaboration and implementation of public administration reform was strengthened;
13 See detailed information on the web-site of the Centre for adaptation of civil service to the EU standards: http://www.center.gov.ua/eng/projects-of-technical-assistance/projects-of-technical-assistance.html and on the web-site of the MDCS: http://www.guds.gov.ua/control/en/publish/category;jsessionid=207408384A4AAA31FFC30F226BD1076D?cat_id=88058
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- the capacity of the Ministry of Regional Development and Construction for managing decentralization reforms, as well as selected local governments’ capacity was strengthened;
- the capacity of the School of Senior Civil Service to design and deliver trainings for top civil servants was increased.
The project ended in December 2009. The overall results of project are:
- 28 seminars, roundtable discussions, conferences where 1064 persons took part; - 401 persons were trained including 40 officials of MDCSU, 111 top officials; - 31 documents containing comments and recommendations are prepared by international
experts; - 25 publications; - visits on 3 international events.
At the end of 2010 it is planned to start a new project financed by Denmark. The future project will include such positions:
- support to the Secretariat of the Cabinet of Ministers. The main goal under Component 1 will be to finalise the draft concept for public administration reform, promote its approval and develop a precise in-depth roadmap for its implementation. A system for monitoring and mid-term review of the reform implementation should be set up and supported.
- support to the Main Department of Civil Service of Ukraine. This Component 2 will be aimed at creating an effective HR and training system addressing the needs and requirements of the reform of the Public Administration and its civil service.
- support to implementation of the local self-government reform and of the new regional policy in Ukraine. The main goal of the Component 3 will be the implementation of the Strategy for Innovation and Good Governance at local level.
The project will be implemented in close cooperation with this Twinning project. Project "Support to civil service reform in Ukraine" 14 is supported by the Government of Ireland and implemented by UNDP and the Centre for adaptation of the civil service. Started in June 2007, this one-and-half year project has a total budget of 1 million EURO. Currently the project prolonged till the end of 2010. The Project's overall objective is to contribute to the Ukrainian Government reform programme towards a more transparent and efficient public administration, operating on the basis of EU oriented principles, as described in the Civil Service Development Programme adopted in June 2004. More specifically, it contributes to the adoption of legislation and administrative regulations supporting these new policy developments and to building the capacity of the MDCS in fulfilling its mandate, in particular in its training and development activities. Furthermore policy analysis groups have been established within a three year initiative to improve skills of the civil servants of selected ministries in policy analysis and public consultations. The project consists of three sequential and incremental components with the following specific objectives:
- Component 1: sensitising selected Ukrainian civil servants and political decision-makers on the critical place of the new Law on Civil service to facilitate its swift adoption;
- Component 2: providing the MDCS the necessary tools in terms of analysis, expert advice and monitoring function to successfully conduct its mandate in driving the Ukrainian civil service reform process;
14 See UNDP Ukraine web-site http://www.undp.org.ua/en/projects-list-all/34-democratic-governance-/641-support-to-civil-service-reform-in-ukraine (general description)
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- Component 3: building the MDCS capacity in designing and delivering relevant training modules to civil servants in order to support their role and function in the current Ukrainian civil service, on its way towards a more professional, modern and effective civil service.
During 2009 the main attention was concentrated on the institutional building capacity of the School for Senior Civil Service (hereinafter – the School). In fact, the results of the activity of the School were presented in December, 2009. In 2009 within the framework of the project in cooperation with the Institute of Public Administration of Holland there were developed, approved and implemented six training programs on the regular basis. The project also supported a set of master classes for top civil servants: the master class on Anti-Corruption Legislation, the master class on Communication. The experts of the project have made the booklet on the Law on Civil Service (new edition). The main outputs of this project are as follows: Component 1: Under this component the informational campaign on supporting the new Civil Service Law was designed and implemented. In particular, a series of conferences and seminars took place, with participation of senior civil servants, international experts, representatives of civil society and media. In addition, informational brochures were prepared, published and disseminated among the wide circle of stakeholders, interviews and publications in media have been organized. Prominent journalists have been involved into the campaign, in particular into preparing brochures, participation in events. Component 2: Under this component the project provided expert support to conduction of functional review of the central executive government in the area of social service provision. The report, which contained functional analysis of the sector and proposals for its institutional reform was submitted by the MDCSU to the Cabinet of Ministers of Ukraine. Component 3: After official opening of the School of Senior Civil Service (hereinafter – the School) in the end of 2008, main attention of the project was concentrated on the institutional building capacity of the School. In 2009 within the framework of the project and in cooperation with the Dutch Institute for Public Administration the Leadership Development Training Program was designed and implemented, consisting of 6 training modules. More than 200 top civil servants participated in the Leadership Development Program during 2009-2010. In addition, the project supported a number of study visits to EU countries and a set of master classes for top civil servants: the master class on Anti-Corruption Legislation and the master class on Communications. Canadian International Development Agency (CIDA) is currently supporting two projects in the area of public service reform that are implemented by Canadian Bureau for International Education (CBIE)15: “The Policy Reform and Implementation Support Mechanism project” (PRISM) and “The Ukrainian Civil Service Human Resource Management Reform” (UCS-HRM) project. The second initiative provides support to Ukraine’s Main Department for Civil Service in its present civil service reform efforts, in particular in the area of public sector human resource management. Ukrainian Civil Service (UCS) Human Resources Management (HRM) Project16 is a four-year project to run until 2011. The overall goal of the UCS-HRM project is the promotion of transparent
15 http://www.cbie.ca/english/programs/countries.htm#9 16 http://www.center.gov.ua/en/publication/content/689.htm and http://www.cbie.ca/english/programs/projects.htm#2
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and accountable governance in Ukraine through targeted reforms of the central government human resource management system in line with SIGMA/OECD baselines. Specifically, the UCS-HRM Project provides:
- assist the Government of Ukraine in the development of a human resource management strategic framework and in the reform of legislation, policies, procedures and regulations, with the aim of improving the effectiveness of human resource management within the Ukrainian civil service;
- support the development and integration of consistent and effective human resource management processes and procedures based upon the principles of political impartiality, transparency, meritocracy and equality in selected Ukrainian government ministries and agencies;
- enhance the capacity of the Main Department for Civil Service and selected government bodies’ human resource units to effectively implement human resource management processes and procedures in a sustainable transparent and apolitical manner; and
- develop and institutionalize a sustainable human resource management training and mentoring program.
In 2009 the project supported the activity of policy analysis groups which were created in the Main Department of Civil Service of Ukraine according to the following directions: the development of the leadership competency profile, the new procedure of annual assessment of the activity of civil servants, the development of the new position classification system. The results of the questionnaire of the civil servants on the leadership competency profile development were presented in the meeting of the Council of Leaders of HR Services of Central executive bodies. In September, 2009 the annual international conference Profession in Perspective under the title “Political Neutrality in the Civil Service: From Theory to Reality” with the support of the project was held. Representatives from 15 countries of the world took part in the conference. The Roadmap for the Development of a Human Resources Information system for the Ukrainian Civil Service was elaborated by the Canadian expert of the project Marie Horricks. Achievements Despite the fact that the project will only come to an end in October, 2011 some of the specific results can already be named:
- Human Resources Management Strategic Framework for the Government of Ukraine was developed, which serves as a background for HR reform activities planning by the MDCS;
- Draft leadership competency profiles, developed by the project, have become a basis for the development of a Leadership Development training program launched at the School of Senior Civil Service;
- HR Information System Roadmap has been drafted; - Human Resources Council was established as the advisory body under the Cabinet of
Ministers of Ukraine, based on the Canadian model; support to holding HR Council meetings was provided by the project;
- The new draft civil servants performance evaluation procedure was prepared by the project; - The process of modernizing the selection procedure for candidates for civil service positions
was launched. EC-funded twinning project "Support to the development and improvement of the civil servants training system in Ukraine" started in September 2009 with an operational duration of 27 months and a total budget of 1.075 M EURO. Its main beneficiaries are the National Academy of Public Administration of Ukraine (NAPA) and MDCS. The project also involves other policy stakeholders (Ministry of Education, Secretariat of the Cabinet of Ministers, Secretariat of the President, interested line ministries etc).
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This twinning project is implemented by French National School of Administration (ENA) and Polish National School of Public Administration (KSAP). The objective of this twinning project is to improve quality of the public administration in Ukraine, up to EU and international standards both at central and regional levels through the institutional development of the National Academy of Pubic Administration of Ukraine (NAPA) within the three dimensions:
a. political: improved policy coordination with concerned public institutions; b. institutional: strengthened organisation and management capacity of NAPA and its Regional Institutes; c. technical: enhanced training capacity of NAPA and its Regional Institutes.
The Comprehension institutional building (CIB) programme was proposed by the European Commission in its Communication on the Eastern Partnership. The CB is aimed at supporting capacity building in a limited number of institutions that play a crucial role in preparing ground for and implementing future EU-Ukraine Association Agreement and DCFTA. The MDCS has been appointed as the CIB coordinator by the Cabinet of Ministers of Ukraine (decision of 19 May 2010, ref. 1073). The Framework Documents concerning the CIB in Ukraine has been signed by the EU and Ukraine on 13 October 2010. It defines four priority areas for the CIB implementation:
- steering and implementation process for the Association Agreement and DCFTA; - sanitary and phyto-sanitary measures; - state aid monitoring; - migration.
The next stage is the development of the Institutional reform Plans (IRP) for each CIB area mentioned above by the relevant public bodies. The Government of Ukraine has adopted an Action Plan for the IRPs development (decision of 10 November 2010, ref. 2078). As a conclusion, this Twinning project is aiming at the optimisation and enhancement of the capacity of the MDCSU, especially, for civil service management and coordination of the HR policy in the civil service. That is the logical continuation of other projects of technical assistance in which MDCSU is involved. 3.3. Results Result 1: Organizational and Management Capacity of MDCS improved The first result will address the need for further improvement of the overall organization and management capacity of the MDCS and in that way improve its effectiveness in coordinating implementation of the overall civil service and administrative reform. The main focus will be on the capacity of the MDCS (including its structural and regional units, and its autonomous institutions) to perform priority functions linked with the civil service reform and public administration reform, in particular:
� Policy making, including strategic management, organizational analysis, monitoring and evaluation, reform coordination capacity;
� Overall internal management framework, including performance management, staff needs planning, personnel performance appraisal and CAF17 implementation;
17 CAF stands for Common Assessment Framework.
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� Human recourses management system; � Public marketing and communication internal and external audiences.
The achievement of this results will imply: comprehensive analysis of the current institutional set-up and identification of capacity gaps, drafting recommendations according to revised functions with an aim to improve internal management procedures, comparative analysis and compilation of best practices accumulated in similar institutions of EU member states, preparation of recommendations for change and improvement, and support to initial implementation of the recommendations and follow-up activities. In that sense, this result is expected to accomplish the following: 1. Assessment of the overall institutional and legal context, as well as the current management framework (structures, practices, systems and procedures) of MDCS (including autonomous and regional units) linked to four priority functions mentioned above and preparation of comprehensive recommendations based on European best practices and comparative approach. 2. Development of the Medium-term Institutional Development Plan of MDCS and support to its initial implementation, particularly by enhancing capacity of MDCS (including autonomous and regional units) through specific institutional development measures. 3. Preparation of practice-oriented proposals within the main priority functions, particularly improvement of the strategic management and policy making framework of the MDCS, including elaboration of procedures, policies and methodologies for strategic planning, monitoring and evaluation, performance management, staff needs planning, personnel performance appraisal and CAF implementation, as well as support to initial implementation. Dissemination of best practices among public authorities of Ukraine will be also ensured by the enclosure of information on best practice in Quarterly reports which will be disseminated to all stakeholders. Practice-oriented proposals and information about project progress will also be put on MDCSU web-site. 4. Design and initial implementation of the Marketing and communication strategy of MDCSU regarding civil service and public administration reform for internal and external audiences (across public administration at central and local levels and civil society (including central bodies, local administration, civil society organizations, etc), particularly taking into account the PAR concept and implementation plan. Dissemination of best practices among public authorities of Ukraine will also be ensured vis-à-vis internal and external audiences (across public administration at central and local levels and civil society) by including the information about strategy into Quarterly reports which will be disseminated to all stakeholders. The strategy as well as relevant information about project progress will be put on MDCSU web-site. Result 2: Quality of human resource management improved The second result will deal with the issue of human resources management with an emphasis on improving the overall coordination and implementation of more strategically oriented practices in the overall civil service. The impact of this result will be reflected in increasing of institutional capacity of human resources management units in the civil service through new human resource management policies and practices, as well as through promotion of coordinated recruitment and of professionalization. In that sense, this result is expected to accomplish the following:
1. Conducting organizational and functional analysis of operations of human recourse management unit of MDCS and those of selected of central and regional executive bodies, as well as conducting assessment of the operation of the HR Council of central executive bodies and preparation of comprehensive recommendations based on comparative approach and European best practices. 2. Elaboration of a Medium-Term Human Resource Management Strategy and Action Plan and support to its initial implementation, particularly by enhancing capacity of the MDCS, the HR
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Council and selected HR units through preparation of new procedures, policies and methodologies for recruitment, appraisal and carrier management (including a new approach to job descriptions). 3. Designing a training curricula and materials for most important training programmes in the area of strategic human resource management in civil service, and delivery of selected training programmes, as well as a Training-the-Trainers programme. The training will cover topics related to best practices of HR management in EU MS, namely competences of HR units, promotion, rotation issues, planning of HR in the public institutions etc. 3.4. Activities Activities connected to Result 1: Organizational and Management Capacity of MDCS improved
1.1.1 Drafting the TOR for the assessment (definition of assessment's scope and methodology and tools, including assessment questions, parameters and indicators, establishing relevant working structures at the Beneficiary organisation, conducting stakeholders analysis) (2 STE*4 days).
1.1.2 Carry out, based on agreed TOR, and assessment of functions, structures, practices and systems of MDCS, with involvement of MDCS representatives in mixed groups consisting of TWG experts and civil servants (2 STE X 8 days).
1.1.3. Defining objectives, scope, structure, key issues to be addressed, nature of recommendations to be provided within a comparative study on institutional aspects of the civil service management (4 STE X 3 days).
1.1.4 Conduct a comparative study on institutional aspects of the civil service management focused public authorities responsible for civil service management in at least 4 countries. This study aims to provide additional basis for justification of the assessment's recommendations (4 STE X 4 days).
1.1.5 Provide substantive recommendations for institutional change regarding functions, organizational structure, management systems, internal and external coordination and communication, internal regulation, and distribution of competences (2 STE X 4 days).
1.1.6 Organize consultations and finalize the assessment report and the comparative study (2 STE X 4 days).
1.1.7 Present and discuss the assessment report and the comparative study with involvement of policy stakeholders and other public authorities (2 STE X 2 days).
1.2.1 On the basis of the recommendations of the assessment and the comparative study, and long-term priorities of MDCSU develop a Medium-term Institutional Development Plan of the MDCS, with the particular focus on four priority functions defined above (including institutional changes regarding organizational structure, management systems, internal and external coordination and communication, internal regulation, and distribution of competences) (2 STE X 2 days).
1.2.2 Organize consultations with all relevant stakeholders in the form of round-table discussions in order to ensure a consensus on the Plan before its adoption (2 STE X 6 days).
1.2.3 Organize a study visit to an EU country selected on the basis of specific list of criteria relevant for the MDCS. The study visit will be aimed to exchange experience on the process of strategic planning, monitoring and reporting of public bodies in charge of civil service and PAR, including specifics of internal organisation, internal and external communication etc. After the study visit, the participants will be required to share their new knowledge and insights with the staff, as well as to prepare an evaluation report (6 participants X 10 days).
1.3 Based on the updated Medium-term Institutional Development Plan of the MDCS will develop practice-oriented proposals within the main priority functions, particularly:
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1.3.1. Strategic planning, reporting, monitoring and evaluation procedures and mechanisms (2 STE X 20 days).
1.3.2. Establishing a system for planning of staff needs based on calculation of the required individual and team workload (1 STE X 12 days).
1.3.3. New MDCS performance system that will strengthen internal and external accountability – it should be based on CAF and will integrate both organizational and individual levels (the later being based on detailed individual performance appraisal system). The software support will be needed for adaptation of CAF self assessment e-Tool to Ukrainian peculiarities, elaboration of training module on CAF for civil servants of Ukraine (1 STE X 30 days).
1.3.4 Support and follow-up the implementation of all new systems through advisory support and training (at least one training for each new system), as well as software (2 STE X 12 days).
1.3.5 Organise dissemination event to promote new management tools and procedures in among public administration bodies as part of the building MDCS reform coordination capacity (3 STE X 3 days).
1.3.6 Organize a practice-oriented Train-the-Trainers programme focused the priority functions mentioned above and their introduction in public bodies, with involvement of relevant training institutions (1 STE X 9 days).
1.3.7 Provide assistance to preparation of medium-term and annual workplans for MDCS, its internal units and individual staff members – on the basis of the framework provided by the Medium-term Plan (2 STE X 8 days).
1.3.8 Organize internship in the similar EU MS institution for MDCS staff members (representatives of Department for public administration modernisation and other structural units if applicable will be selected according to criteria jointly defined by Twinning partners) on performance management (CAF or other tools). After the internships, the interns will be required to share their new knowledge and insights with the staff by making presentations to colleagues, as well as to prepare an evaluation report that will be distribute to all stakeholders (2 participants X 60 days).
1.4.1 Based on the updated Medium-term Institutional Development Plan of the MDCS prepare a communication strategy regarding civil service and public administration reform that will address both internal audience (public administration bodies) and external audience (citizens), including an assessment of the reform general context (challenges, expectations, target groups, implementation schedule) and a series of workshops with stakeholders (government and non-state actors) (1 STE X 24 days).
1.4.2 Organize one training for MDCS and other public authorities having particular role in civil service and public administration reform implementation for helping them develop instruments for working with audiences (internal and external) (1 STE X 2 days).
1.4.3. Training of 2 representatives of MDCSU (top management) in training institutions according to criteria jointly defined by Twinning partners on communication strategies for public administration (civil service) reform (2 STE X 5 days).
Activities connected to Result 2: Quality of human resource management increased
2.1.1 Design the methodology for organizational and functional review of the human resources management function with a focus on MDCS and selected HR units (at least 5), as wells as of the HR council on the basis of comparative best practices and specificities of the Ukrainian context and with the focus on functions, organizational structures, processes as well as relationships. The detailed criteria for selection of the HR units will be developed by Twinning partners jointly that should include level of public administration, number of its personnel, involvement into reform process, involvement in previous MDCSU and TA projects activities, as well as availability of
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relevant staff. The main aspects for selection will be involvement the HR units into the work of Council of leaders of HR services of central executive power bodies, CIB (2 STE X 8 days).
2.1.2 Implement the methodology for functional review, including training and involvement of MDCS and HR council representatives in mixed groups consisting of external experts and civil servants (2 STE X 8 days).
2.1.3 Conduct comparative, European research on similar organizations to be used as additional basis for justification of the functional review recommendations. Please, clarify main topics and scope of this study (2 STE X 4 days).
2.1.4 Provide substantive recommendations for introduction of new strategically oriented human resources management in Ukraine. One of the important elements of the drafting of the new HRM is the creation of a database of civil servants with access for HR units in the ministries. This e-tool will support the HRM on civil service. This Database will provide information about professional and competency profile of civil servants (2 STE X 8 days).
2.1.5 Organize consultations and finalize the assessment report and the comparative study (2 STE X 3 days).
2.1.6 Present and discuss the assessment report and the comparative study with involvement of policy stakeholders and other public authorities (2 STE X 2 days).
2.2.1 On the basis of the recommendations of the assessment study, prepare a Medium-Term HRM Action Plan, with the particular focus on institutional change and new human resource management policies and procedures (including recruitment, job descriptions and competency profiles, and appraisal), as well as the relationship between the HR council and other HR units (2 STE X 20 days).
2.2.2 Organize two study visits to selected countries in order to expose the MDCS staff and selected Government stakeholders to international best practice regarding human resources management in civil service. After the study visit, the participants will be required to share their new knowledge and insights with the staff by making presentations to colleagues, as well as by preparing an evaluation report that will be distributed to all stakeholders (20 STE X 20 days).
2.2.3 Organize consultations with all relevant stakeholders in the form of round-table discussions in order to ensure a consensus on the Plan before its adoption (2 STE X 6 days).
2.2.4 Support initial implementation of the Plan through modernisation of civil service performance procedures, training conducting and software providing, where applicable. Database of civil servants will be further developed for implementation of the Medium-Term HRM Action Plan. (1 STE X 8 days).
2.3.1 Design curricula and prepare educational materials for most critical areas (competences of HR units, selection, promotion, rotation issues, planning of HR in the public institutions, competences profiles, filing personnel data etc) of strategically oriented human resources management, including best practices in Ukraine and abroad. Software support will be needed for the development of distance-learning courses that could be put on School of senior civil service of Ukraine web-site (2 STE X 16 days).
2.3.2 Conduct 2 training modules for HRM specialists of MDCS and other public authorities for testing the designed curricula and prepare educational materials (2 STE X 9 days).
2.3.3 Organize a practice-oriented Train-the-trainers programme in the area of human resource management with involvement of relevant training institutions. The Train-the-trainers programme is an essential part of the Result 2 because it provides the preparation of Trainers with groundwork which could be used in their daily work with different audiences. (2 STE X 9 days).
The overall number of man days is 504.
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3.5 Means / Input from the MS Partner Administration 3.5.1 Profile and tasks of the Member State (MS) Project leader
Role and tasks:
• The Project Leader will direct, co-ordinate, and control the overall thrust of the project. He/she will lead the activities of the project, ensure the achievement of the mandatory results, and be responsible for the implementation of the activities.
• The Project Leader is expected to devote a minimum of three days per month to the project. In addition, he/she should co-ordinate, from the Member State side, the Project Steering Committee (PSC), which will meet in Ukraine at least every three months.
Profile:
Qualification and skills
• University level education / post-graduate degree preferably in the relevant discipline or professional qualification in Public Administration or equivalent (relevant professional experience);
• Good English language skills, both spoken and written;
• Command of Ukrainian (and/or Russian) language would be a strong asset;
• Strong analytical and managerial skills.
• Good inter-personal skills.
General professional experience
• Long term civil servant from the MS administration;
• Preferably 15 years of professional experience in relevant fields as public administration, of which at least 5 related to public administration / civil service reform (strategic management of civil service, legislation on civil service, civil service training);
• Experience in change management;
• Experienced project manager, demonstrating good record in organisational leadership, staff motivation, and communication;
• Experience in international relations and multilateral activities;
• Experience in ex-Tacis or/and ex-Phare countries would be an asset.
Specific professional experience
• Shall have sound theoretical and practical experience in formulating and implementing public service management strategies and relevant policies.
3.5.2 Profile and tasks of the RTA
Role and tasks:
The RTA will be responsible for the day-to-day management and implementation of the project. He/she will be responsible for co-ordinating all the different activities and inputs and for liaising with the RTA counterpart in MDCSU. Assistant to the RTA will be remunerated through the Twinning budget.
The RTA will provide 24 months input on site and will be based in an office of the MDCSU.
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Profile:
Qualification and skills
• University level education, or professional qualification in Public Administration, or equivalent (relevant professional experience);
• Excellent English language skills, both spoken and written.
• Command of Ukrainian (and/or Russian) language would be a strong asset;
• PC Computer literacy;
• Good inter-personal skills.
General professional experience
• Extensive work experience in civil service in the EU MS administration;
• Preferably 10 years of professional experience in the field of civil service management;
• Sound knowledge of best practices regarding civil service reforms and institutional development of civil service management structures;
• Experienced project manager, demonstrating good record in organisational leadership, staff motivation and communication;
• Excellent team-working skills;
• Strong analytical skills;
• Two years experience of the transition economies of the CIS would be an asset.
Specific professional experience
• Shall have sound theoretical and practical experience in formulating and implementing public service management strategies and relevant policies;
• Experience in implementing similar or related assistance and co-operation projects
3.5.3 Profile and tasks of the short-term experts
Profile and tasks of the short-term experts as well as their number will be verified after the completion of the project design and finalization of the Logframe. But even at that time it is clear that HRM STE, Strategic Management STE, Civil Service Training STE, CAF STE, Communication Management STE are already required.
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4. Institutional framework The Main Department of Civil Service (MDCS) was created in line with the provisions of the law "On civil service". It was established by the Presidential decree 1272/99 of 02/10/1999. Following the adoption of the law on "Cabinet of Ministers of Ukraine (16.05.2008 # 279)" the MDCS status has been modified accordingly by the Cabinet of Ministers' decree of 26.09.2007 # 1180 (amended by the Cabinet of Ministers' decree of 23.07.2008 # 664). The MDCS18 is the central executive body which activity is guided and coordinated by the Cabinet of Ministers of Ukraine through the Minister of the Cabinet of Ministers. The primary tasks of the MDCS are to implement an overall state policy on civil service and to ensure functional management of the civil service. Inter alia, the MDCS is responsible for:
- formulating and implementing a comprehensive state policy on civil service; - providing functional management of the civil service; - proving methodological guidelines to human resources units of the state bodies regarding
selection, appraisal and annual evaluation of civil servants' performance in executing their duties and tasks;
- planning the staff reserve for state bodies; - implementing measures aimed at preventing corruption cases among civil servants and
officials of local self-government; - conducting research on civil service and local self-government; - implementing administrative reform, conducting functional reviews of executives bodies
and providing recommendations on improving efficiency of the public management; - ensuring observation of the requirements set up by the legislation on the civil service and the
implementation of citizens' rights regarding access to civil service; - developing and observation of the professional and qualification requirements for vacant
positions in the civil service; - organising training, retraining and qualification upgrade of civil servants and officials of
local self-government; - developing professional and qualification standards for civil servants.
According to the law on service in local self-governments, the MDCS is also responsible for the methodological and consultative support to local self-governments. Furthermore, the MDCS is also responsible for coordinating and monitoring of the implementation of the EC's institution building instruments, namely Twinning and TAIEX (Cabinet of Ministers' decree of 01.10.2008 of 868). As pointed out in the Sigma study, successive amendments to the initial scope of competencies of the MDCS have largely widened its powers and area of activity resulting to a broad scope of authority. "This functional broadness and diversity negatively affects the focus of the MDCS and hampers its capacity to develop better its core functions19. MDCS established the Centre for support of the civil service institutional development (Government's decree of 14.04.2004, ref. 485). This organisation has been recently renamed to the Centre for adaptation of the civil service to the standards of the European Union (Government's decree of 04.06.2008 # 528)20. The centre has been established for provision of analytical, expert and organizational support for public administration development, strengthening of civil service institutional capability in Ukraine and brining it in line with EU standards. The
18 See English version of MDCS web-site: http://www.guds.gov.ua/control/en/publish/article?art_id=38051&cat_id=38049 19 Sigma study, page 183 20 http://www.center.gov.ua/main/en/news/top.htm
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centre also acts as the Programme Administration Office (PAO) for EC institution building instruments (TAIEX and Twinning, SIGMA). Furthermore, a School of Senior Civil Service has been created in 2008 within the MDCSU in order to ensure professional trainings for senior civil servants (ministers, deputy ministers and heads of departments). The MDCS includes 8 central departments, which employ 133 civil servants. The main organisational units are:
- Department for analytical and information support to Head of MDSC and for human resources management;
- Legal department; - Organisational, documentation and control department; - Human resources management department for state bodies and bodies of local self-
government; - Department for professional training of civil servants and officials of local self-
governments; - Department for policy analysis and strategy of civil service development - Control and inspection department; - Administrative department.
The MDCS structure also includes territorial units in Crimean Autonomous Republic & regions (24 units, 253 civil servants). The scope of competences and operating modality of MDCS's territorial units were set up by the Cabinet of Ministers' decree of 05.07.2004 # 842 (in force from 01.01.2005). The graphical representation of the MDCS is provided below:
The MDCS was the first among the central executive authorities to introduce quality management system ISO 9001:2000. Based on this successful experience, the Government of Ukraine has
HEAD MDCSU
First deputy of the Head
Center for adaptation of the civil service to the standards of
the EU
School of senior civil
service
24 regional bodies
Deputy of the Head Deputy of the Head Deputy of the Head Deputy of the Head
Organizational and analytic support of director and staff
management department
Administrative and financial department
Internal financial control sector
Legal department
Modernization of the civil
service department
Personnel of State Authorities and Local Self-Government Department
(HR Department)
Occupational training organization of civil servants and local self-government officials department
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adopted a target programme to support implementation of quality management systems in public executive bodies (Decree of 11.05.2006 #614). 5. Budget The overall budget for the twinning is 1,500,000 Euros. 6. Implementation arrangements 6.1 Implementing agency responsible for tendering, contracting and accounting: Delegation of the European Union to Ukraine 10 Kruhlo-Universytetska St Kyiv, 01024 Tel: +380 44 253 3020 Fax: +380 44 253 4547 www.delukr.ec.europa.eu Contact person: Mr. Volodymyr Kondrachuk (e-mail: [email protected]) Twinning Programme Administration Office (PAO)21 Main Department of the Civil Service 15, Prorizna str. Kyiv, 01601 Tel.: + 38 044 279 29 26 www.guds.gov.ua, www.center.gov.ua/main/en/news/top.htm Contact person: Ms. Nataliya Kyrychenko (e-mail: [email protected]) 6.2 Counterparts in the Beneficiary Country: BC Project Leader Counterpart: Name: Volodymyr Tkach Position: First Deputy Head of MDCS Phone: (38044) 254-06-71 Email: [email protected] BC Project leader will be the counterpart of the MS Project Leader and will guarantee that necessary resources are mobilized within the MDCS to successfully accomplish the activities under the project. RTA Counterpart: Name: Yevhen Nihay Position: Head of the Unit for International Development Projects and European Integration under Civil Service Modernisation Department of MDCSU Phone: (38044) 278-36-22 Email: [email protected] 6.3- Contracts: Only one Twinning contract is foreseen for this project.
21 PAO is designed to assist the Delegation of the European Union with the overall management of twinning projects. In Ukraine, the role of PAO is carried out by the Main department of civil service (through the Centre for adaptation of the civil service to EC standards). According to the Government Decree of 1/10/2008 # 686, the monitoring of twinning project implementation should be carried out by the MDCS. This includes participation in steering committee meetings, coordination of quarterly and summary reports, etc. In this twinning, PAO will support the implementation together with the EC.
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7. Implementation schedule (indicative)
7.1 Launching of the call for proposals: November 2010
7.2 Start of project activities: September 2011
7.3 Project completion: August 2013
7.4 Duration of the implementation period: 23 + 3 months
8. Sustainability The twinning project will have to seek for sustainable solutions and approaches, which shall ensure adoption of best practices and thus prepare grounds for Ukraine’s full compliance with the best European practices in civil service sphere. The twinning project shall enhance the capacity of the MDCSU and the civil service as a whole in Ukraine. The achievements of the Twinning project (i.e. the mandatory results, recommendations for institutional change regarding functions, organizational structure, management systems of MDCSU and new strategically oriented human resources management in Ukraine; assessment reports and the comparative studies in both spheres; elaboration of Medium-term work plans for both) shall be kept as a permanent asset to the public authorities of Ukraine after the end of the Twinning Project. It is presupposed inter alia that effective mechanisms are put in place by the Beneficiary Ukrainian administration to disseminate and consolidate the results of the project. The MDCSU will ensure that activities undertaken will have adequate follow up and support to continue advancing towards alignment with EU policy and best practice. Beneficiary institution will allocate the sufficient and experienced staff and financial resources to maintain the achieved results. All training programmes and curricula will be integrated in the relevant official civil servants training programmes. 9. Crosscutting issues Equal opportunity : The dimension of equal opportunity will be integrated into all levels of the project. This will establish a suitable foundation for mainstream gender equality in the civil service sphere in the future. It will be included in the twinning contract as a joint responsibility of the MS partner and BC institution. Implementation of the project helps to provide a higher professional level for public administration in Ukraine by improving public management practices. According to the statistics the gender allocation in civil service in the executive bodies is almost equal 48,5% women and 51,5% men on 31.12.10. Environment: The principle of implementation of this Twinning project is based on paperless work environment. This means, in particular, minimising paper use during project implementation: use of e-mails, project web-site, project electronic date base for cooperation between partners. Documents are automatically saved in electronic format. 10. Conditionality and sequencing The Beneficiary institution will allocate the sufficient and experienced staff and material resources for twinning project implementation.
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� Staff Inputs
Significant staff time shall be made available for the various components of the project:
- At the broadest and most senior level, there must be political commitment and support within the Ukrainian administration for the Twinning project as a whole;
- The current Twinning project has got a nominated Ukrainian Project Leader with sufficient authority to administer and properly implement the project in practice. This person will also be named in, and sign, the Twinning Workplan and Budget, as the figure ultimately responsible for its implementation;
- Ukrainian staff inputs should be detailed as far as possible within the Twinning work plan to ensure that there is full recognition of both the practical and political commitments required to achieve the desired results.
� Infrastructure Inputs The MDCSU will make available the necessary infrastructure for the twinning MS partner(s) to carry out their tasks.
- The provision of office space, the provision of equipment (including access to a computer, telephone, fax etc.) and the professional use of that equipment shall be made available as from the RTA’s day of arrival.
All infrastructure requirements will be subject to the Twinning Contract, Twinning work plan and budget. To conclude, the following issues should be mentioned regarding the MDCS current institutional status and its further development:
- MDCS institutional location and lines of accountability would depend on further evolution of constitutional framework (which still on the political agenda) and adoption of the law on ministries and central executive bodies (which is currently under discussion in the Ministry of Justice);
- broad scope of competences and diversified spectre of activity limits the MDCS capacity to manage the overall reform process in the field of civil service and public administration;
- MDCS capacity to manage civil service and to act as the main promoter and facilitator of public administration reform presupposes that it is endowed with sufficient authority, acceptance by the relevant bodies, human and financial resources, information capacity, etc.
- civil service reform implies setting up an effective coordination mechanism between the leading organisation (e.g. MDCS), main policy stakeholders (Ministry of Finance, Ministry of Labour, Ministry of Justice, Ministry of Economy, etc) and political institutions (Parliament, President, Cabinet of Ministries) .
In the course of the project implementation the MDCS will cooperate with relevant institutions and agencies which work in the sphere of civil service training for dissemination of the experience gained in the project. ANNEXES
A. Logical Framework Matrix B. Detailed Implementation Chart C. List of Relevant Laws and Regulations
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Annex A: Logical Framework Matrix
LOGFRAME PLANNING MATRIX FOR Project Fiche Programme name and number: Ukraine 2007 ENPI AAP, ENP/2007/018-961
Project referencece: UA09/ENPI/OT/23
Contracting period expires: 30/07/2011
End of execution period expires: 25/08/2013
"Support to Civil Service Development in Ukraine"
Total budget: 1,5 M EURO
ENPI budget: 1,5 M EURO
Overall objective Objectively verifiable indicators Sources of Verification Assumptions To contribute to the building of a democratic, professional, merit-based, ethical, politically neutral and sustainable civil service in Ukraine in accordance with the best European and world practices
Civil service system in Ukraine is more effective and more aligned with the best European and world practices
Official government reports
Official statistics (Civil service in figures on MDCS web-site)
MDCS reports
Reports of the international organisations
Project purpose Objectively verifiable indicators Sources of Verification Assumptions Increased capacity of the Main Department of the Civil Service of Ukraine (MDCS) to effectively and efficiently steer the process of public administration and civil service reform, as well as to introduce public management tools such as human resources management, strategic approach to policy making, and public marketing in the civil service (awareness and attractiveness issues) according to European requirements and international practices
Improved MCDS capacity to steer reform in Ukraine provides concrete results with regard to civil service management, human resources and policy management and coordination
Annual MDCS reports
Mass media resources
Regular twinning reports
Reports from other EU-funded projects
Final report of project
Government continues the PA reform Commitment by MDCS and other stakeholders
Political sustainability and stability
Responsiveness of twinning partners to a changing context
Necessary legal provisions, administrative arrangements and resources are available
Results Objectively verifiable indicators Sources of Verification Assumptions Result 1: Organizational and Management Capacity of MDCS improved 1. Assessment of the overall institutional and legal context, as well as the current management framework (structures, practices, systems and
New organizational structure of MDCS that streamlines allocation of functions designed and implemented
New MDCS organigramme and internal regulations
Policy papers, manuals and
Political sustainability and stability
MDCS Management supports organisational
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procedures) of MDCS (including autonomous and regional units) linked to four priority functions mentioned above and preparation of comprehensive recommendations based on European best practices and comparative approach. 2. Development of the Medium-term Institutional Development Plan of MDCS and support to its initial implementation, particularly by enhancing capacity of MDCS (including autonomous and regional units) through specific institutional development measures. 3. Preparation of practice-oriented proposals within the main priority functions, particularly improvement of the strategic management and policy making framework of the MDCS, including elaboration of procedures, policies and methodologies for strategic planning, monitoring and evaluation, performance management, staff needs planning, personnel performance appraisal and CAF implementation, as well as support to initial implementation. The possibility for dissemination of best practices among public authorities of Ukraine will be also explored.
4. Design and initial implementation of the Communication strategy of MDCSU regarding civil service and public administration reform for internal and external audiences, particularly taking into account the PAR concept and implementation plan.
New management systems of MDCS designed and implemented
Capacity of the MDCS staff improved
Medium-term Institutional Reform Plan for institutional change designed and initially implemented
CAF is implemented
New planning system and new performance management system prepared and introduced.
Communication strategy for internal and external audience prepared and initially implemented
Organization of 6 training courses, 3 workshops and round-tables, 2 study visits to selected countries, and one internship for 2 people
procedures for new management systems
Reports on implementation of the new structure and management systems
Medium-term Institutional Reform Plan and reports on its initial implementation
Policy papers, manuals and procedures for new planning and performance management systems
New communication strategy and report on its initial implementation
Reports from and evaluation of events, internships and study visits
Quarterly reports
Reports of STE
and management changes to be supported by the project Strong commitment and participation of MDCS staff at all levels
Trained people remain in MDCSU
Result 2: Quality of human resource management improved Objectively verifiable indicators Sources of Verification Assumptions 1. Conducting organizational and functional analysis of operations of human recourse management unit of MDCS and those of selected of central and regional executive bodies, as well as conducting assessment of the operation of the HR Council of central executive bodies and preparation of comprehensive recommendations based on comparative approach and European best practices. 2. Elaboration of a Medium-Term Human Resource Management Strategy and Action Plan and support to its initial implementation, particularly by enhancing capacity of the MDCS, the HR Council and selected HR units through preparation of new procedures, policies and methodologies for recruitment, appraisal and carrier management (including a new approach to job descriptions).
New law on "Civil service" adopted meeting minimum European standards
Changed systems, procedures and structures regarding the human resource management in civil service.
Medium-term plan for the new human resources management designed and approved
New human recourses management policies and systems designed and initially implemented and the capacity of the HR council and HR units improved
Report on changes in systems, procedures and structures for human recourse management in civil service
Medium-term human resource management plan and reports on its initial implementation
Policy papers, manuals and procedures for new human resource management policies and systems
Training curricula and educational materials, and report form the ToT course
Commitment of other stakeholders involved in HR management and coordination
Strong commitment and participation of MDCSU staff at all levels
Trained people remain in MDCSU
Effective cooperation with the NAPA
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3. Designing a training curricula and materials for most important training programmes in the area of strategic human resource management in civil service, and delivery of selected training programmes, as well as a Training-the-Trainers programme. The training will cover topics related to best practices of HR management in EU MS, namely competences of HR units, promotion, rotation issues, planning of HR in the public institutions etc.
Design of 3 training curricula and related education materials, as well as Training of Trainers course
Organization of 3 training programmes, 1 round-table discussion, 4 study visits to selected countries, for the purpose of training, consultations, exposure to best practices and knowledge sharing.
for training and training evaluation report
Reports from and evaluation of events and study visits
Quarterly reports
Reports of STE
Activities Means
1.1.1 Drafting the TOR for the assessment (definition of assessment's scope and methodology and tools, including assessment questions, parameters and indicators, establishing relevant working structures at the Beneficiary organisation, conducting stakeholders analysis)
1.1.2 Carry out, based on agreed TOR, and assessment of functions, structures, practices and systems of MDCS, with involvement of MDCS representatives in mixed groups consisting of TWG experts and civil servants
1.2.3. Defining objectives, scope, structure, key issues to be talked, nature of recommendations to be provided within a comparative study on institutional aspects of the civil service management
1.1.4 Conduct a comparative study on institutional aspects of the civil service management focused public authorities responsible for civil service management in at least 4 countries. This study aims to provide additional basis for justification of the assessment's recommendations.
1.1.5 Provide substantive recommendations for institutional change regarding functions, organizational structure, management systems, internal and external coordination and communication, internal regulation, and distribution of competences
1.1.6 Organize consultations and finalize the assessment report and the comparative study
1.1.7 Present and discuss the assessment report and the comparative study with involvement of policy stakeholders and other public authorities.
- RTA
- RTA counterpart in MDCS
- MDCS experts
- Twinning STEs
- Interpretation/ translation
- Travel
- Organization of events
- Organization of study visits
- Organization of internships
- Publications
1.2.1 On the basis of the recommendations of the assessment and the comparative study, and long-term priorities of MDCSU develop Medium-term Institutional Development Plan of the MDCS, with the particular focus on four priority functions defined above (including
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institutional changes regarding organizational structure, management systems, internal and external coordination and communication, internal regulation, and distribution of competences)
1.2.2 Organize consultations with all relevant stakeholders in the form of round-table discussions in order to ensure a consensus on the Plan before its adoption
1.2.3 Organize study visits to EU countries selected on the basis of specific list of criteria relevant for the MDCS. The study visits will be aimed to exchange experience on the process of strategic planning, monitoring and reporting of public bodies in charge of civil service and PAR, including specifics of internal organisation, internal and external communication etc.
1.3.1 Based on the updated Medium-term Institutional Development Plan of the MDCS develop practice-oriented proposals within the main priority functions, particularly:
1.3.1.1 regarding strategic planning, reporting, monitoring and evaluation procedures and mechanisms
1.3.1.2 regarding establishing a system for planning of staff needs based on calculation of the required individual and team workload
1.3.1.3 regarding a new MDCS performance system that will strengthen internal and external accountability – it should be based on CAF and will integrate both organizational and individual levels (the later being based on detailed individual performance appraisal system)
1.3.2 Support and follow-up the implementation of all new systems through advisory support and training (at least one training for each new system), as well as software
1.3.3 Organise dissemination events (practical in-service workshops) to promote news management tools and procedures in among central executive authorities as part of the building MDCS reform coordination capacity
1.3.4 Organize a practice-oriented Train-the-Trainers programme focused the priority functions mentioned above and their introduction in public bodies, with involvement of relevant training institutions
1.3.5 Provide assistance to preparation of medium-term and annual workplans for MDCS, its internal units and individual staff members – on
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the basis of the framework provided by the Medium-term Plan
1.3.6 Organize internship in the similar EU MS institution for MDCS staff members (representatives of Department for public administration modernisation and other structural units if applicable will be selected according to criteria jointly defined by Twinning partners) on CAF performance.
1.4.1 Based on the updated Medium-term Institutional Development Plan of the MDCS prepare a communication strategy regarding civil service and public administration reform that will address both internal audience (government bodies) and external audience (citizens), including an assessment of the reform general context (challenges, expectations, target groups, implementation schedule) and a series of workshops with stakeholders (government and non-state actors)
1.4.2 Organize one training for MDCS and other public authorities having particular role in civil service and public administration reform implementation.
1.4.3. Training of 2 representatives of MDCSU (top management) in EIPA (or other training institutions according to criteria jointly defined by Twinning partners)on communication strategies.
2.1.1 Design the methodology for organizational and functional review of the MDCS and selected HR units, as wells as of the HR council on the basis of comparative best practices and specificities of the Ukrainian context and with the focus on functions, organizational structures, processes as well as relationships
2.1.2 Implement the methodology for functional review, including training and involvement of MDCS and HR council representatives in mixed groups consisting of external experts and civil servants
2.1.3 Conduct comparative, European research on similar organizations to be used as additional basis for justification of the functional review recommendations. Please, clarify main topics and scope of this study
2.1.4 Provide substantive recommendations for introduction of new strategically oriented human resources management in Ukraine
2.1.5 Organize consultations and finalize the assessment report and the comparative study
2.1.6 Present and discuss the assessment report and the comparative study with involvement of policy stakeholders and other public authorities.
- RTA - RTA counterpart in MDCS - MDCS experts - Twinning STEs - Interpretation/ translation - Travel - Organization of events - Organization of training - Organization of study visits - Publications
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2.2.1 On the basis of the recommendations of the assessment study, prepare a Medium-Term HRM Action Plan, with the particular focus on institutional change and new human resource management policies and procedures (including recruitment, job descriptions and competency profiles, and appraisal), as well as the relationship between the HR council and other HR units
2.2.2 Organize study visits to a selected countries in order to expose the MDCS staff and selected Government stakeholders to international best practice regarding human resources management in civil service
2.2.3 Organize consultations with all relevant stakeholders in the form of round-table discussions in order to ensure a consensus on the Plan before its adoption
2.2.4 Support initial implementation of the Plan through modernisation of civil service performance procedures, training conducting and software providing, where applicable
2.3.1 Design curricula and prepare educational materials for most critical areas (competences of HR units, selection, promotion, rotation issues, planning of HR in the public institutions, competences profiles, filing personnel data etc) of strategically oriented human resources management, including best practices in Ukraine and abroad.
2.3.2 Conduct 2 training modules for HRM specialists of MDCS and other public authorities
2.3.3 Organize a practice-oriented Train-the-trainers programme in the area of human resource management with involvement of relevant training institutions
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Annex B: Detailed Implementation Chart
Project Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A.01 Kick off meeting COMPONENT 1: Organizational and Management Capacity of MDCS improved
Result 1.1: Assessment of the overall institutional and legal context and preparation of comprehensive recommendations based on European best practices and comparative approach
1.1.1. Drafting the TOR for the assessment
1.1.2. Carry out, based on agreed TOR, assessment of functions, structures, practices and systems of MDCS
1.1.3. Defining objectives, scope, structure, key issues to be tackled, nature of recommendations to be provided within a comparative study same as above
1.1.4. Conduct a comparative study on institutional aspects of the civil service management
1.1.5. Provide substantive recommendations for institutional change
1.1.6. Organize consultations and finalize the assessment report
1.1.7. Present and discuss the assessment report
Result 1.2: Development of the Medium-term Institutional Development Plan of MDCS and support to its initial implementation
1.2.1. Develop draft Medium-term Institutional Development Plan of the MDCS
1.2.2. Organize consultations with all relevant stakeholders in the form of round-table discussions
1.2.3. Organize study visits to EU countries on the process of strategic planning
Result 1.3: Preparation of practice-oriented proposals within the main priority functions (strategic management, policy making, performance management, staff needs planning, personnel performance appraisal and CAF implementation)
1.3.1. Provide proposals on strategic planning, reporting, monitoring and evaluation procedures and mechanisms
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1.3.2. Provide proposals on establishing a system for planning of staff needs based on calculation of the required individual and team workload
1.3.3. Develop a new MDCS performance system based on CAF
1.3.4. Support and follow-up the implementation of all new systems (training +software)
1.3.5. Organise dissemination event (workshop)
1.3.6. Organize a practice-oriented Train-the-Trainers programme
1.3.7. Provide assistance to preparation of medium-term and annual workplans for MDCS
1.3.8. Organize internship in the similar EU MS institution for MDCS staff members on CAF performance
Result 1.4: Design and initial implementation of the Communication strategy
1.4.1. Prepare a communication strategy regarding civil service and public administration reform
1.4.2. Organize one training
1.4.3. Training of MDCSU representatives (top management) in EIPA on communication strategies
COMPONENT 2: Quality of human resource management increased
Result 2.1: Conducting assessment of the operation of the HR units and Council of central executive bodies and preparation of comprehensive recommendations based on comparative approach and European best practices.
2.1.1. Design the methodology for organizational and functional review of the selected HR units and HR Council
2.1.2. Implement the methodology for functional review, including involvement of MDCS and HR council representatives
2.1.3. Conduct comparative European research on HR management
2.1.4. Provide recommendations for introduction of new strategically oriented human resources management
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2.1.5. Organize consultations and finalize the assessment report and the comparative study
2.1.6. Present and discuss the assessment report and the comparative study with involvement of policy stakeholders
Result 2.2: Elaboration of a Medium-Term HRM Strategy and Action Plan and support to its initial implementation
2.2.1. Prepare a draft Medium-Term HRM Strategy and Action Plan, with the particular focus on institutional change and new human resource management policies and procedures
2.2.2. Organize study visits to a selected countries in order to expose the MDCS staff and selected stakeholders to international best practice regarding human resources in the centre of government
2.2.3. Organize consultations in the form of round-table discussions
2.2.4. Support initial implementation of the Plan
Result 2.3: Designing a training curricula and materials for most important training programmes in the area of strategic HRM in civil service, and delivery of selected training programmes, as well as a
2.3.1. Design curricula and prepare educational materials for most critical areas
2.3.2. Conducted 2 training modules for HRM specialists
2.3.3. Organize a Training of Trainers course in the area of HRM
A.02 Closure event
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Annex C: List of Relevant Laws and Regulations Main legal acts
� Constitution of Ukraine (28.06.1996)
� Law of Ukraine "On the Civil Service" (16.12.1993, in force from 01.01.1994)
� Law on Cabinet of Minister of Ukraine of 16.05.2008 # 279
� Draft law "On civil service" (presented by the MDCS in November 2008)
� Draft law "On ministries and central executive authorities" (developed under the coordination of the |Ministry of Justice in July 2008)
� Concept of public administration reform in Ukraine (developed by a working group in July 2008)
Status of the Main department of civil service and its divisions
� President's decree “Statute of the Main Department of the Civil Service of Ukraine” of 02.10.1999 # 1272 (this act is still valid, but the current status of MDCS is regulated by the Cabinet of Ministers' decree of 26.09.2007 # 1180
� Cabinet of Ministers' decree "Statute of the Main Department of the Civil Service of Ukraine" of 26.09.2007 # 1180
� Cabinet of Ministers' decree "On establishment of the civil service divisions of the MDCS in the Autonomous Republic of Crimea, in regions, Kyiv and Sevastopol cities" of 05.07.2004 # 842
� Cabinet of Ministers' decree "Issue of the Centre for support to civil service institutional development" of 04.06.2008 # 528 (new name and new statute of the centre has been approved by this regulation)
� Order of the MDCS "Regulation of the Main department of the Civil Service and its territorial units" of 26.03.2008 # 71
Initiatives regarding civil service reform
� President's decree "On the measures to reform the civil service of Ukraine and ensuring protection of the constitutional rights of the civil servants" of 20.09.2007 # 900
� President's decree "On the concept of adaptation of the civil service to the standards of the European Union" of 05.03.2004 # 278
� President's decree "On the decision of the National Security and Defence Council of 14.03.2005 on the principles for the reform of central executive bodies" of 15.04.2005 # 658
� Decree of the President of Ukraine “On the Concept of Development of Legislation on Civil Service in Ukraine” of 20.02.2006 # 140
� Cabinet of Ministries' decree “The Civil Service Development Programme for 2005-2010” of 08.06.2006 # 746
� Cabinet of Ministries' decree "On target programme to implement quality management systems in public executive bodies" of 11.05.2006 #614
� President's decree "On the concept of overcoming corruption in Ukraine "On the way to integrity" of 11.09.2006 # 742
� Decision of the Cabinet of Ministries "On approval of the measures regarding the implementation of the Concept of overcoming corruption in Ukraine "On the way to integrity" of 15.08.2007 # 657
� Order of the MDCS "On the approval of the rules for conducting functional review of public executive bodies" of 29.07.2005 # 189
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� Cabinet of Ministries' decree "On state target programme for training, re-training and in-service training of the specialists in the field of European and Euro-Atlantic integration of Ukraine for 2008-2011"
Management of the civil service
� Cabinet of Minister's decree “On Approving Model Regulation on the Personnel Service of an Executive Authority” 02.08.1996 # 912
� President's decree “On the system of training, retraining and in-service training of civil servants” 30.05.1995
� Cabinet of Ministries' decree "On approval of the procedures for competition-based recruitment to the position of civil servants" of 15.02.2002 # 169
� Cabinet of Ministries' resolution "On approval of the procedures for keeping of civil servants personals data in the organs of executive power" of 25.05.1998 # 731
� Cabinet of Ministries' resolution "On approval of the procedures for term prolongation on the civil service" of 26.12.2003 # 2020
� Cabinet of Ministries' resolution "On approval of the statute for the civil servants ranks" of 19.06.1996 # 658
� Cabinet of Ministries' resolution "On approval of the statute for the reserve staffing of the civil service" of 28.02.2001 # 199
� Cabinet of Ministries' resolution "On approval of the procedures for competition on the inclusion in the staff reserve for civil servant posts of 1 – 3 category, which are granted by the President of Ukraine at the Cabinet of Ministries of Ukraine suggestion and the Cabinet of Ministries of Ukraine" of 21.02.2007 # 272
� Joint order of MDCS and the National Academy of Public Administration "On approval of the procedures for conducting examination of candidates to vacant positions of civil servants" of 10.05.2002 (registered at the Ministry of Justice on 24.05.2002 # 446/6734)
� Cabinet of Ministries' decree "On approval of the procedures for conducting certification of the civil servants" of 28.120200 # 1922
� Order of MDCS "On approval of the general procedures for conducting annual appraisal of civil servant's performance in executing their duties and tasks" of 31.10.2003 # 122 (registered at the Ministry of Justice on 19.11.2003 # 1063/8384)
� Order of MDCS "On approval of the recommendations on the Cabinet of Ministries' decree implication” of 26.12.2003 # 2020 "On approval of the procedures for term prolongation on the civil service" of 06.02.04 # 25 along with annex and applying form on the approval of the procedures for term prolongation on the civil service
� Order of MDCS "On approval of the methodical recommendations on the Cabinet of Ministries' decree implication” of 31.03.2006 # 106 "On approval of the statute for the civil servants ranks" of 19.06.1996 # 658