Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine on Amendments to the Law of Ukraine “On Civil Service”
1. Essence of the Draft Law
The draft law aims to introduce unified approaches to civil servants’ remuneration through job classification. The main goal is to harmonize compensation conditions, taking into account the specifics of state bodies, territorial characteristics, and job responsibility levels.
2. Draft Law Structure, Main Provisions, and Changes
The draft law consists of several key parts: changes in remuneration, introduction of job classification, determination of bonus and compensation conditions, and final and transitional provisions. The main changes include implementing fixed and variable salary, new bonus approaches, establishing new minimum salaries, and specific provisions for different types of state bodies.
3. Main Provisions of the Draft Law
– Unified Job Classification: A classification of civil service positions has been introduced, considering work complexity and responsibility. This is intended to ensure transparency and fairness in remuneration.
– Salary Structure: Salary is divided into fixed and variable parts. The fixed part includes base salary, length of service, and rank allowances, while the variable part depends on work results.
– Bonuses: New rules for bonuses have been established, which cannot exceed 30% of the fixed salary fund per year. Bonuses depend on the employee’s personal contribution.
– Minimum Salaries: Minimum base salary amounts have been determined based on the type of state body and territorial jurisdiction.
– Transitional Provisions: The law provides for phased implementation of changes, considering the special period of martial law and other temporary conditions.
This draft law is an important step towards unification and increased fairness in the civil service system in Ukraine, which may significantly impact the efficiency and motivation of civil servants.
Analysis of Other Documents:
Analysis of the Draft Law of Ukraine “On Amendments to the Law of Ukraine ‘On Civil Service’ Regarding the Introduction of Unified Approaches to Civil Servants’ Remuneration Based on Job Classification”
1. Support or Objection to the Draft Law
Most documents provided by various Verkhovna Rada committees and other state bodies generally support the idea of introducing a transparent remuneration system in civil service. However, there are reservations about certain provisions of the draft law that may potentially affect the independence of specialized bodies and the fairness of remuneration.
2. Main Provisions and Observations
– Introducing unified remuneration approaches based on job classification is considered a positive step towards transparency and efficiency in public administration.
– The project provides for dividing salary into “fixed” and “variable” parts, which raised concerns about compliance with existing legislative norms and the possibility of narrowing civil servants’ rights.
– The Committee on Digital Transformation expressed concern that the draft law may limit the financial independence of regulators such as NCEC, which contradicts EU requirements for the independence of national regulatory bodies.
– The Anti-Corruption Policy Committee pointed out potential corruption factors arising from the dependence of anti-corruption bodies on Cabinet of Ministers decisions regarding remuneration.
– The Budget Committee emphasized the need for a detailed financial and economic justification of the project, particularly regarding its impact on the state budget.
– Several committees drew attention to the incompatibility of some project provisions with the Constitution of Ukraine, particularly concerning the narrowing of civil servants’ rights and freedoms.
– The Committee on Ukraine’s Integration to the EU noted that the draft does not contradict Ukraine’s international obligations but requires refinement to avoid discrimination in remuneration.
Overall, the draft law aims to modernize the civil service remuneration system but needs clarification and refinement to eliminate contradictions and ensure fairness and independence of specialized bodies.
