Why is everything not so simple with the liquidation of the MSEC and was the NSDC's decision necessary? Explanation of the lawyer
Kyiv • UNN
The analyst of the Center for Joint Action explained whether the Ministry of Health could reform the MSEC on its own and whether absolutely all decisions on disability should be reviewed now
No NSDC decision or presidential decree is needed to liquidate or reform the MSECs. Health Minister Viktor Liashko could have initiated this on his own, since formally, the MSECs are under the control of the Ministry of Health. In general, given the scale of the work that has been launched so far, we should not expect that after December 31, the problems in this area will simply disappear - they will move to another level. This was stated by Iryna Korzhenkova, an analyst at the Center for Joint Action, to a journalist of UNN and told whether everything could be easier.
Why is the MSEC really important?
Korzhenkova notes that the MSEC is probably the perfect example of why Ukraine needs effective institutions.
That is, those that work well regardless of the name of the president or prime minister and make the life of citizens as comfortable as possible. Now a certain number of civilians and military personnel are facing them, and there will be more and more of the latter. And if people who lost their health while defending the state face this state in the form of MSEC, then one can only imagine the level of their disappointment
She notes that the procedures for establishing disability are non-transparent and difficult for the average person to understand. In turn, this makes it difficult to appeal against unlawful decisions and creates additional obstacles for people with disabilities who really need help and support.
The analyst emphasizes that one of the most acute problems of the MSEC is corruption and inhumanity of the system designed to support people. Bribes for establishing a disability group, fraud with documents, and unlawful pensions are just some of the common violations. Therefore, the reform of the MSEC is a necessary step in the context of fighting corruption and establishing social justice, when those who really need it receive state aid.
Will the MSEC really be liquidated?
"First of all, it is incorrect to use the phrase "the President signed a decree on the liquidation of the MSEC" because he does not have such authority. In fact, the text of the decree says that the President asks the Cabinet of Ministers to ensure the liquidation of the MSEC, i.e. he initiates the process. And these are completely different things. In such situations, the correctness of the wording is crucial for understanding the areas of responsibility of officials," the analyst explained.
Korzhenkova noted that in practice, this means that the MSECs will not disappear by magic - it is a long and complicated process.
"And given the scale of work that needs to be carried out (the Cabinet of ministers should form working groups to check the decisions of the MSEC and report on the results), we should not expect that after December 31, 2024, problems in this area will simply disappear – they will move to another level. People who need to register a disability group will be dealt with by an institution with a different name," Korzhenkova said.
At the same time, she noted that changing the name of the body does not guarantee real changes in the system that has thrived on corruption for years and managed to build mutual responsibility in all the bodies that should have prevented this corruption.
What else was in the NSDC decision?
Korzhenkova noted that the NSDC decision, which is being put into effect by a presidential decree, also obliges the Cabinet of Ministers to develop regulations together with various authorities:
- together with the Ministry of Health – on the urgent reform of the system of medical and social expertise in Ukraine, providing, in particular, for the elimination of MSEC from December 31, 2024;
- together with the Ministry of Social Policy - on revision of the system and mechanism for calculating pension payments to officials with disabilities;
- Together with the Office of the Prosecutor General, streamline the rules for calculating salaries and pensions for prosecutors, as well as provide social guarantees for those with disabilities who work in the prosecution service. In addition, it is necessary to re-examine the decisions of the MSEC that established the disability of prosecutors;
- together with the State Border Guard Service of Ukraine - on the travel abroad of former officials with disabilities;
"Also, by December 31, 2024, the NACP will have to develop and submit to the Cabinet of Ministers amendments to the laws that will provide for criminal liability for members of the MSEC for illicit enrichment and the possibility of civil confiscation of their property," Korzhenkova explained.
The analyst believes that the likelihood of effective large-scale reforms, such as the liquidation of the MSEC and the verification of their dubious decisions, is doubtful.
"Given the previous experience of reforming the vlk by decision and the incompleteness of real changes after public orders and indignation, there is a risk that the situation may repeat itself. The implementation of these changes requires significant resources, time, well - developed policies and re-certification of employees (or recruitment of new ones)," Korzhenkova said.
Could it be easier?
Korzhenkova noted that MSECS have a complex subordination structure. Formally, MSEC are under the control of the Ministry of health. it approves the standards of their work, methods and directs general policies in the field of medical and social expertise. However, in practice, MSECS operate as state institutions, and sometimes as public utilities that may be managed by local authorities. Hence the additional confusion with requirements, references, and other bureaucracy.
To eliminate or reform the MSEC, you do not need a decision of the national security and Defense Council or a presidential decree. The minister of health can initiate this independently, since, again, ICEC is formally under the control of the Ministry of Health. If we talk about the elimination of MSEC, who can initiate changes to the minister of health, but this requires legislative steps and reforms that regulate this activity at different levels
According to her, it is also necessary to adopt new laws or amend existing ones that regulate the process of determining disability. This includes amendments to the Law "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine" and to the Cabinet of Ministers' Resolution No. 1317, which regulates the work of the MSEC. Introduce new standards for disability assessment, such as automated or digital decision-making systems.
Should I fully review all granted disabilities?
"A full review of disabilities for all people who have received them would create risks for people with real problems, increase the administrative burden and could lead to unfair deprivation of benefits. An alternative would be a gradual reform with only controversial cases reviewed or the introduction of automated assessment systems that would increase the transparency of the process," Korzhenkova said.
What can I do?
Korzhenkova believes that it is possible:
- propose specific government policies that can ensure transparency, effectiveness, and fairness in disability assessment. This requires systematic work of the Ministry of health, not a situational media response;
- to introduce digitalization of the data submission process as the main tool for data processing and recording;
- use up-to-date international standards for assessing work capacity and disability (e.g., the International Classification of Functioning, Disability and Health);
- divide the functions between different bodies or transfer some of the powers to independent experts, which will reduce the risk of abuse.
"The reform of the MSEC should be gradual and balanced, and include re-certification and retraining of employees. Otherwise, changing the name risks dragging the old system behind the updated facade of the institution," Korzhenkova summarized.
Context
In early October, MSEC official Tetiana Krupa and her son, the head of the Pension Fund's regional office in Khmelnytskyi region, were caught in an illegal enrichment scheme. During searches, they were found to have almost $6 million in cash in various currencies.
The next day, she was taken into custody, and the case was transferred to the NABU.
Soon, the media reported that dozens of prosecutors of the Khmelnitsky region, led by their head Alexey Oleynik, issued a disability.
According to journalists, they were recognized as persons with disabilities in exchange for covering up the corruption schemes of the head of the regional center for medical and social expertise, the aforementioned Tatiana Krupa.
The inspection revealed that 61 prosecutors in the Khmelnytsky Prosecutor's Office have disabilities.
This was the reason why President of Ukraine Volodymyr Zelenskyy convened a meeting of the National Security and Defense Council.
On October 22, Zelenskyy reported that during the NSDC meeting on the situation with the MSEC and the abuse of disability by officials of various state bodies, a list of solutions was identified that would restore justice. In particular, it is the digitalization of the processes of passing all stages of medical and social expert commissions, real verification of declarations of MSEC members.
President Zelensky demands that a bill be drafted to eliminate medical and social expert commissions from December 31, 2024.
On October 23 , Health Minister Viktor Lyashko announcedthat the Ministry of Health will adopt an order of the Cabinet of ministers by the end of this week, which will eliminate the central MSEC.
Starting from January 1, 2025, Ukraine plans to completely eliminate MSECs, as the system is switching to a new approach.
Commenting on his possible resignation, Viktor Lyashko saidthat he does not appoint or dismiss the heads of the MSECs. He also noted that it is easier to write a letter of resignation than to reform the MSECs.
The heads of the Central Medical and social expert commission of the Ministry of health of Ukraine, the Ukrainian state Research Institute of medical and social problems of disability of the Ministry of Health, the Research Institute for rehabilitation of persons with disabilities of the Pirogov Vinnytsia National Medical University and employees of the Ministry of health of Ukraine were dismissed.
We add that the draft law was submitted for public discussion, even before the decision of the head of state and the national security and Defense Council, the main purpose of which is to eliminate medical and social expert commissions as a fairly well-established body, and instead it provides for the creation of "expert commissions for assessing the daily functioning of the individual" (ECOPFO). we wrote more about this bill in the article - MSEC reform: a big name or real changes?