Paper/Speech Details of Conference Program for the 19th NISPAcee Annual Conference Program Overview Public Policy Analysis Development Issues Author(s) Olexandr Kilievych National University "Kyiv-Mohyla Academy" Kyiv Ukraine Title Regulatory Impact Analysis policy implementation in Ukraine: Strengths and weaknesses File Paper files are available only for conference participants, please login first. Presenter Abstract The history of RIA methodology implementation in Ukraine from the end of 1990s, the modern state of legislation, management in the sphere of RIA performance and specialists training, political and economic environment, where the implementation of RIA procedures has been developing in Ukraine. The characteristic property of RIA development in Ukraine is the restriction on the circle of analyzed influences to only those, which cover the relation between government and business. Policy cycle (life cycle) is considered as applied to the RIA procedures – the whole complex of actions, which are to be performed by the authorities beginning from the realization of the necessity of one or another regulatory norm implementation / abolition to suspension of its action in accordance with the results of its outcome assessment. In particular, it has been considered: (1) the legal norms and practice of implementation of RIA procedures as ex-ante analysis; (2) norms and practice of regulatory acts (RA) output/outcome observation as ex-post analysis. The factors, which positively influenced on RIA formation in the country, have been considered during policy environment analysis: • Rather successful institutionalization of public policy analysis (PPA) in Ukraine from the middle of 1990s. PPA implementation in the sphere of government activity, organization of specialists training, adequate scientific research began in the second half of 1990s and were especially stimulated during last decade. A considerable amount of translations of basic monographs and textbooks in the sphere of PPA were published. These factors created a beneficial environment for RIA propagation, in particular promoted a comprehension of RIA essence and necessity of its implementation not only among the experts but also among administrators of senior and middle divisions of the public sector, which is especially important. • Development of civil society institutions, existence of a rather strong opposition to the governing forces practically during all the years of independence and independent expert environment. • The influence of outside environment in the form of different aid from international donors was significant. The main negative factor is the absence of real administrative reform; this absence negatively influences on the abilities of government to fulfill the analysis. The problems of RIA development in Ukraine have been analyzed in particular as follows: 1) frequent absence of personal interest of power authority leader in impartial analysis of the impacts; 2) superficial identification of possible impacts; only direct impacts are considered as a rule; 3) incomplete coverage of all RA projects with RIA procedures, primarily this concerns bills, which are initiated by the deputies of Parliament; 4) low-quality formation of regulatory alternatives for problem solution and the detailed examination of only the favorite option; 5) as a rule only descriptive analysis of RA project efficiency, that is restricted by a list of some benefits and costs of the policy stakeholders, not applying method of benefits and costs analysis; 6) noncomplex analysis of stakeholders during the preparation of RIA in power bodies and absence of tested mechanisms of stakeholder interests taking them into account during public consultation about RA and preparation of final RA variant; 7) passive attitude of stakeholders (in a number of economy segments) to RA projects at the stage, when the law provides for their discussion; responding to only negative consequences of RA implementation; 8) deterioration of RIA performance quality under the crisis conditions; increase in the number of cases when the Cabinet of Ministers ignored legislative demands in the sphere of RIA (end of 2008 – 2009).
