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Document Information:
- Year: 2012
- Country: Ukraine
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: Aid Effectiveness,CSO/Government Cooperation,Defending Civil Society
DECREE #212/2012 OF THE PRESIDENT OF UKRAINE
On the Strategy of State Policy for the Advancement of the Development of Civil Society in
Ukraine and Priority Activities for Its Implementation
In order to create favorable conditions for further development of civil society i n Ukraine , the
introduction of an effective mechanism of interaction between its institutions and local executive
and self -government bodies on the principles of partnership, mutual responsibility and effective
exercise and protection of human and citizens’ rights and freedoms, and pursuant to Part 3 of
Article 106 of the Constitution of Ukraine, I hereby decree:
1. To approve the attached
Strategy of State Policy for the Advancement of the Development of Civil Society in Ukraine
and
Plan of Priority Activities for the Implementation of the Strategy of State Policy for the
Advancement of the Development of Civil Society in Ukraine .
2. The Cabinet of Ministers of Ukraine , to harmonize its normative legal acts with this Decree .
3. This Decree shall take effect from the day of its publication .
President of Ukraine Viktor Yanukovych
24 March 2012
APPROVED
by Decree #212/2012 of the President of Ukraine of 24 March 2012
STRATEGY
of the State Policy of Advancement of the Development of Civil Soc iety in Ukraine
The Strategy of the State Policy of Advancement of the Development of Civil Society in Ukraine
( hereinafter, the Strategy ) is aimed at implementing the principles, priorities and objectives of
state policy in the sphere of the development of civil society . The Strategy determines the
complementary conceptual vectors of activity of executive and local self -government bodies for
the creation of proper conditions for the development of civil society .
The Strategy is designed to firmly establish civil society as a guarantee of the nation’s
democratic development, in troduce social control over the government’s activity, secure the
independent activity of civil society i nstitutions, strengthen their influence on socially i mportant
decisions, create conditions for ensuring broad representation of citizens’ interests in government
and local self -government bodies, and initiate regular consultations with the public on important
issues for society and the S tate.
1. General Provisions
According to its Co nstitution, Ukraine is a democratic, social, law -ba sed state . Human rights and
freedoms and their guarantees determine the essence and orientation of the activity of the State.
The State is answerable to the individual for its activity. To affirm and ensur e human rights and
freedoms is the main duty of the State. In affirming human and citizens’ rights, the Fundamental
Law of Ukraine stresses that the constitutional rights and freedoms are not exhaustive.
Government policy in the sphere of promoting the development of civil society proceeds, in part,
from the need to affirm and ensure human rights and freedoms, which are guarantee d by
fundamental international instruments, above all, the Universal Declaration of Human Rights, the
Convention for the Protecti on of Human Rights and Fundamental Freedoms and its protocols, the
International Convention on Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights , the Convention on Access to Information, Public Participation in
Decision -Making and Access to Justice in Environmental Matters, and other international
instruments in this sphere.
The Strategy proceeds from an understanding of civil society and its institutions as a state of
society in which fundamental human and citiz ens’ rights and freedoms are freely realized
through various forms of public civil activity and self -organization.
Within the framework of a democratic system, the State and civil society are interested in
maintaining a dialog and partnership and raising the efficiency of their interaction. Without a
developed civil society, including proper conditions for ensuring the freedom of thought and
speech, the freedom of expression of views and convictions, the freedom of association, the
freedom of assembly, and the participation of citizens in governance and local self -government,
the State cannot ensure the functioning of various models of participatory democracy , which, in
combination with immediate and representative democracy, is a condition of successful
mo dernization, European integration, and sustained development.
In the years of its independence, Ukraine has taken certain steps for the advancement and
strengthening of civil society .
Regulation of individual aspects of the policy of advancement of civil s ociety is provided for by
the laws of Ukraine On Civil Associations, On Social Dialog in Ukraine, On Local Self –
Government in Ukraine, On Information, On Trade Unions, Their Rights, and the Guarantees of
Their Activity, On Youth and Children’s Public Organizations, On Employers ’ Organizations,
On Population Self -Organization Bodies , On Professional Creative Workers and Creative
Unions, On Charity and Charities , On Volunteering, On the Freedom of Conscience and
Religious Organizations, On Social Services, and On the Principles of State Regulatory Policy in
the Sphere of Economic Activity .
L egislative support in this sphere has shown a positive trend in recent years. In 2010 -2011, the
laws of Ukraine on the Principles of Internal and External Policy, On Access to Public
Information, On Free Legal Aid, and On the Basic Principles (Strategy) of State Environmental
Policy for the Period Ending in 2020 were adopted, and the Law of Ukraine On Information was
amended. These acts determine, in part, the principles of Ukraine’s internal policy on state-
building, forming civil society institutions, the procedure of ensuring citizens’ right to accessing
information concerning government bodies, and about state guarantees for the provision of free
legal aid .
Directive #1035- r of the Cabinet of Ministers of Ukraine of 21 November 2007 approved the
Conception for the Advancement by Executive Bodies of the Development of Civil Society. A
number of appropriate normative legal documents have since been adopted to implement its
provisions. In furtherance of the government policy in the sphere of encouraging participatory
democracy , the Cabinet of Ministers of Ukraine issued Resolution #996 On Ensuring Public
Participation in the Forming and Implementation of Government Policy on N ovember 3, 2010,
approving the procedure of consultations with the public on matters pertaining to the shaping and
implementation of government policy .
However, analysis of the development of civil society in Ukraine shows the presence of a
complex of problems which are topical for society and the State alike:
Instead of establishing an effective dialog with society, executive and local self -government
bodies are still tending to ward red tape and a lack of transparency and openness ;
Flaws in effective legis lation create artificial barriers to the formation of civil society institutions
and their activity ;
The mechanisms of participation of the public in the forming and implementing of government
policy are not being used as they should be ;
The existing tax b urden does not stimulate the activity and development of civil society
institutions and their support on the part of domestic charitable organizations ;
The majority of civil society institutions has no access to government funding and domestic
charitable s upport; and
The potential of civil society institutions for rendering social services to the population is not
being used.
The activity of civil society institutions is characterized by insufficient institutional, financial and
human resource capability .
A s a result, Ukrainian and international NGOs are observing a low level of socially significant
voluntary citizen activity .
Positive examples of effective cooperation of executive and local self -government bodies and
civil society institutions are few and f ar between rather than sustained practice. The level of
mutual trust between the government, the business sector and civil society institutions remains
low, which manifests itself in mutual estrangement instead of joint responsibility for the status of
soc ietal development.
The low level of public awareness regarding participatory democracy and self -organization
mechanisms in social decision -making is accounted for by the absence of sustained democratic
practice. Other obstacles to progress include underde veloped civic culture, insufficient
understanding in society of such basic notions as “civil society,” “democracy,” “rule of law ,”
separation of powers, coordination of interests, tolerance, consensus seeking,
multiconfessionality , and respect for minority rights. The level of support of a paternalistic state
remains rather high among the Ukrainians .
Civil society development processes on the path of affirming democracy also require full -scale
legislative support that must take relevant international stand ards into account, among them
Council of Europe recommendations regarding the legal status of non- governmental
organizations in Europe and the good practice of European countries in this sphere .
It is to this end that a comprehensive approach to the implem entation of state policy for the
advancement of the development of civil society is initiated and this Strategy approved.
2. The Aim and Strategic Priorities of State Policy for the Advancement of the
Development of Civil Society in Ukraine
State policy fo r the advancement of the development of civil society in Ukraine is aimed at
creating more favorable conditions for the satisfaction of interests and protection of human and
citizens’ rights and freedoms , further development of civil society on the principles of
immediate, representative democracy, and broad introduction of various forms of participatory
democracy and citizens’ self -actualization and self -organization.
Strategic priorities of state policy for the advancement of the development of civil soc iety in
Ukraine include :
Encouragement of maximum openness, transparency and social accountability in ex ecutive and
local self -government bodies ;
Increase in social capital for raising the level of mutual trust and cooperation in society ;
Creation of favor able conditions for the formation and functioning of civil society institutions ;
Ensuring participation of civil society institutions in the shaping and implementation of national
and regional policy, in part, by means of broad and effective representation of the interests of
citizens in executive and local self -government bodies, regular consultations (a dialog) with the
public on key issues of life of society and the state ;
Introduction of social control over the activity of executive and local self -gover nment bodies,
and greater influence of civil society institutions on the making of governance decisions and their
implementation ; and
Promotion of charitable, voluntary and other forms of community activity and culture .
The development of civil society in Ukraine must look to European standards of advancement
and protection of human rights and freedoms by means of ensuring good governance standards,
fairness, openness, transparency and accountability of government institutions, creating
conditions for the thriving of various societal interests, including those in the economic,
environmental, social, cultural, religious and territorial spheres , and forms of their expression
(public initiatives, social movements, associations and unions).
State policy for the advancement of the development of civil society should aim at improving the
legal mechanisms and practice of participatory democracy . Only active involvement in social
processes can shape appropriate values and behaviors which make participation in public life
essential for the individual .
Participatory democracy is an instrument to encourage the development of existing forms of
immediate and representative democracy and become the basis for societal development .
The government must create conditions for full- scale encouragement and stimulation of active
citizen participation by ensuring openness and transparency of its activity and involving citizens
and their associations in the formation and implementation of policy on all levels .
Well -balanced combinatio n of citizens’ influence on decision- making and control over the
government’s activity should raise the level of social competence and trust in government and
become a guarantee of democracy affirming itself in Ukraine.
State policy for the advancement of the development of civil society in Ukraine should make use
of the potentialities of civil society in ensuring conflict- free relations in the ethno-national,
cultural and confessional spheres, inter -sector social partnership between the government,
busines s, and civil society, creating conditions for immediate involvement of interested social
groups in the drafting of governance decisions, which will further accord in society, social peace,
sustained development, and stability in the country .
3. Principles of State Policy for the A dvancement of the D evelopment of Civil Society in
Ukraine
State policy for the advancement of the development of civil society in Ukraine is based on the
following principles :
Priority of human rights and freedoms ;
rule of law ;
equ ality and nondiscrimination;
mutual responsibility of the government and civil society for the development of society and the
State ;
openness and transparency of the activity of executive and local self-government bodies in the
course of their exercise of their functions ;
partnership and constructive interaction of the government and civil ;
encouragement of public activity ;
involvement of civil society institutions in the formulation and implementation of government
policy, in part, the state policy for the advancement of the development of civil society, on all
levels ; and
non- interference of executive and local self -government bodies into the activity of civil society
institutions , mass media included, with the exception of instances provided for by the la w.
4. Objectives of State Policy for the Advancement of the Development of Civil Society and
Ways of Their Implementation
The objectives of state policy for the advancement of the development of civil society in Ukraine
are as follows :
Harmonization of nat ional legislation on civil society institutions with European standards;
Constitutional codification, within the framework of the modernization of the Ukrainian
Constitution, of civil society institutions and the principles of their interaction with execut ive and
local self -government bodies ;
Encouragement of the development and growth of a network of civil society institutions in a
variety of forms ;
Effective interaction of civil society institutions with executive and local self -government
bodies ;
Encoura gement of the participation of civil society and its institutions in the process of formation
and implementation of national and regional policies ;
Introduction of European approaches to the issue of delegating certain government functions
regarding the implementation of government policy in the humanitarian and social spheres to
civil society institutions ;
Creation of conditions for citizens’ increasingly active involvement in the elaboration and
implementation of governance decisions, the exercise of soci al control over the activity of
executive and local self -government bodies , in part, to prevent and counter corruption practices,
and increase the transparency of these bodies ;
Support of various forms of local democracy ;
The s trengthening of civic culture and practice of volunteering and philanthropy, and creation of
favorable conditions for their development ;
The establishment of a system of resource support of sustained activity of civil society
institutions ; and
Support of public initiatives for the fo rmation of a gender equality culture and the overcoming of
stereotypes about the role and place of men and women in society .
The implementation of state policy for the advancement of the development of civil society in
Ukraine as regards the improvement of legal regulation of the procedure of creating civil society
institutions and their activity includes :
Simplification of the procedure and reduction of the time limits for the registration of civil
society institutions (public and charitable organizations, population self -organization organs,
etc. );
Ensuring the right of foreign nationals, persons without citizenship, and legal entities under
private law to freedom of association and participation in professional organizations ;
Granting to civil society ins titutions of the right to conduct their activity throughout the territory
of Ukraine ;
Introduction of European mechanisms of executive bodies’ control over the activity of civil
society institutions ;
Regularization of the issue of immediate engagement of c ivil society institutions in economic
activity for the purpose of performing statutory tasks ;
Improvement of the procedures of holding local referenda, peaceful gatherings, general meetings
(conferences), and public hearings held by local community members in their residence area;
Further development of the legal status of population self -organization organs and establishment
of guarantees for their activity ;
Adaption of Ukrainian law in the sphere of equal opportunities of men and women to that of the
Euro pean Union;
Creation of proper conditions for the involvement, through youth public organizations and
associations, of young citizens in the development and implementation of the government youth
policy and programs for young people.
The implementation of state policy for the advancement of the development of civil society in
Ukraine as regards ensuring organizational conditions for the involvement of citizens in the
formation and implementation of policy on all levels and the exercise of social control ove r the
activity of executive and local self -government bodies includes:
Initiation of systemic consultations with the public in the course of decision-making by executive
and local self -government bodies , advance publication of drafts of relevant legislation at these
bodies’ websites, and the use of other joint activity mechanisms ;
Assistance to the activity of public councils and other consultative and advisory organs under
executive and local self -government bodies , improvement of the mechanisms of their interaction
with other consultative and advisory organs , in part, by means of developing proposals regarding
amendments to the Model Rules of the Activity of a City State Administration and to effective
rules of executive bodies;
Creation of conditions for conducting public examinations of the activity of executive and local
self -government bodies , public anti-corruption examinations of draft legislation and regulations
and ensuring that their recommendations are taken into account ;
Methodological support and organizational capacity -building of executive and local self –
government bodies regarding the implementation of measures to involve the public in the
formation and realization of national and regional policy ;
Development of the mechanisms of e -governance and e -democracy ;
Development of the mechanisms of social partnership of the government, business, and civil
society institutions ;
assistance to the involvement of civil society institutions in a social dialog on issues which
cannot be solved within the framework of tripartism , and improvement of the mechanisms of
participatory democracy in the sphere of labor relations ;
improvement of the procedure of participation of civil society institutions in decision-making by
executive and local self -government bodie s, the activity of public councils and other consultative
and advisory bodies ; public opinion monitoring by executive bodies regarding their activity ;
R egulation of the issue of obligatory acceptance by local self -government organs of territorial
communities’ charters which provide for legal mechanisms of the exercise by their members of
their right to realization of local democracy forms such as general meetings, local initiatives,
population self -organ ization organs, and the like ;
Improvement of conditions for ensuring openness and transparency in the activity of executive
and local self -government bodies , the public character of all stages of the elaboration and
adoption of decisions, and access to information about the activity and decisions of said bodi es.
The implementation of state policy for the advancement of the development of civil society in
Ukraine as regards the creation of economic stimuli for the stable functioning of civil society
institutions and strengthening of their economic potential inc ludes:
Effective use and improvement of mechanisms of tax stimulation of the activity of civil society
institutions through the introduction of European standards of determining their tax regime ;
Streamlining the procedure of involving civil society institutions in the provision of social
services with funds from the State Budget of Ukraine and local budgets ;
Assistance to the introduction of mechanisms of social order with due account of the best
domestic and European practice ;
Introduction of a universal methodology for determining civil society funding priorities;
Introduction of a single funds distribution procedure for the financial support of civil society
programs and projects on a competition basis ;
Streamlining the procedure of involving civil socie ty institutions in the development and
implementation of targeted local programs ;
Introduction of obligatory planning of expenditures for government financial support to civil
society institutions in the State Budget of Ukraine ; and
Ensuring government monitoring and evaluation of projects and measures implemented by civil
society institutions with funds from the State Budget of Ukraine and local budgets on the basis of
open (public) testing of criteria for such evaluation.
The implementation of state polic y for the advancement of the development of civil society in
Ukraine as regards support of volunteering and charity includes :
The development of volunteering and its deregulation with due account of the best worl d
practice;
Introduction of new instruments for individuals and legal entities’ charitable activity, in part,
endowments, the right of charities to use property on a free basis or receive charitable heritage
and act as executor of a will for implementing charity programs ;
Streamlining the mechanisms of control over the target use of funds and property transferred for
charitable ends ;
Support of business entities and individuals providing financial assistance or voluntary
contributions to civil society institutions for the solution of tasks of great s ocial significance;
Taking necessary measures to expedite Ukraine’s accession to the European Convention on the
Promotion of a Transnational Long- term Voluntary Service.
The implementation of state policy for the advancement of the development of civil soc iety in
Ukraine as regards raising the level of civic and legal awareness includes :
Legal consultations to the population on civil society institutions establishment and legal
regulation ;
Encouragement of the participation of persons with special needs in civil society institutions,
introduction of the social model of disability ;
Introduction in general and higher education establishments of a course on the development of
civil society in Ukraine ;
Assistance to local self-government and population self -orga nization bodies’ awareness -raising
activities regarding the potentialities of local democracy ;
Assistance to joint activity with civil society institutions to encourage intolerance of corrupt
practices and promote the advantages of lawful conduct in all spheres of public life ; and
Stepping up comprehensive legal education and popularization of citizens’ participation in civil
society institutions .
5. Strategy Implementation Mechanisms
Strategy implementation measures and time frame and responsible organs shall be provided for
by the Plan of Priority Activities for the Implementation of the Strategy of State Policy for the
Advancement of the Development of Civil Society in Ukraine (hereinafter, the Priorities Plan ),
as well as annual Strategy implementation p lans (hereafter, the annual plans) proposed by the
Co ordination Council for the development of Civil Society (hereinafter, the Coordination
Council) and approved by the President of Ukraine .
Implementation of provisions of the Strategy and the Priorities P lan and annual plans, as well as
monitoring and evaluation of the implementation status are the responsibility of executive and
local self -government bodies on the grounds, within the competence and in the manner provided
for by the Constitution of Ukraine and applicable laws. Executive bodies shall be guided by the
Strategy in developing and implementing laws and regulations, programs, plans and individual
measures.
The Coordination Council shall be responsible for the monitoring and evaluation of the Pri orities
Plan and annual plans, analysis of the effectiveness of the Strategy implementation, developing
proposals to bring its provisions up to date, and modifying the Priorities Plan and annual plans.
Civil society institutions participate in the Strategy implementation , in particular, through:
Their membership in the Coordination Council ;
Submitting of Strategy implementation proposals to the Coordination Council and executive and
local self -government bodies ;
Engaging their executive and local self -gover nment bodies in the Strategy implementation ; and
Monitoring, evaluation and public examination of executive and local self -government bodies ’
activity for the implementation of the Strategy , the Priorities Plan, and annual plans.
Executive bodies shall create conditions for public monitoring and examination of the status of
the implementation of the Strategy, the Priorities Plan, and annual plans .
In executive bodies, structural units responsible for public relations shall be responsible for
activity pertaining to the implementation of the Strategy .
Academic support of the Strategy implementation shall be the responsibility of the National
Institute for Strategic Studies and – on an as needed basis – other research and nongovernment
analytical centers.
The N ational Institute for Strategic Studies, with the participation of representatives of civil
society institutions , shall prepare an annual report on the development status of civil society in
Ukraine and submit it to the Coordination Council for considerati on.
Results of an efficiency analysis of the implementation of the Strategy, general monitoring and
evaluation of the implementation status of the Priorities Plan and annual plans, and the annual
report on the development status of civil society in Ukraine may provide grounds for bringing
provisions of the Strategy up to date and/or modifying the Priorities Plan and annual plans and
expediting relevant activities.
6. F unding of the Strategy Implementation
The Strategy shall be imple mented with funds from the budget as well as other sources not
prohibited by law.
7. Expected Results
Short -term results of the Strategy implementation up to 2015 are expected to include :
Creation of favorable regulatory, financial, taxation and organizational conditions for the
e mergence and functioning of civil society institutions; and
Ensuring the institutional capacity of executive and local self -government bodies to work
effectively together with civil society institutions.
Long -term results of the Strategy implementation up to 2020 are expected to include :
Prevailing openness, transparency and accountability of executive and local self -government
bodies ;
Raising the level of mutual trust and cooperation between executive and local self -government
bodies and civil society inst itutions;
Ensuring the participation of civil society institutions in the formation and implementation of the
national and regional policy , creating conditions for broad and effective representation of
citizens’ interests in executive and local self -govern ment bodies , regular consultation (a dialog)
with the public on key issues of life of society and the state ;
Introduction of social control over the activity of executive and local self -government bodies,
and greater influence of civil society institutions on the making of governance decisions and their
implementation;
Ensuring favorable regulatory, financial, taxation and organizational conditions for charitable,
voluntary and other forms of community activity and growth of civic culture; and
Improving the quality and accessibility of social services by engaging civil society institutions in
their provision.
Serhiy LYOVOCHKIN, Head of the Administration Office of the President of Ukraine