ANTICORRUPTION ACTIVITY OF THE MINISTRY OF DEFENСE OF … · 2018-05-31 · anticorruption...

MITIGATING CORRUPTION IS THE PATHWAY TOWARDS PROFESSIONAL HONESTY, TRANSPARENCY, OPENNESS AND DEVELOPMENT

INFORMATION BULLETIN NO. 5 (2018)

ANTICORRUPTION ACTIVITY OF THE MINISTRY OF DEFENСE OF UKRAINE IN 2017

MINISTRY OF DEFENCEOF UKRAINE

On January 23, 2018, the Minister of Defenсe of Ukraine identified the key tasks of the defenсe reform for mitigating corruption in 2018 during the final meeting of the Committee for Reforms of the Ministry of Defenсe of Ukraine and the Armed Forces of Ukraine:

• anticorruption efforts and improving the state of discipline and law enforcement in the Armed Forces of Ukraine;

• minimization of corruption risks, strengthening control over the targeted and effective use of financial and material resources, introducing greater openness and transparency;

• ensuring absolute intolerance to corruption and bringing to justice all persons who committed corruption offenses.

Minister of Defence of UkraineGeneral of the Army of Ukraine

STEPAN POLTORAK

MAIN STRUCTURAL UNITS FOR MITIGATING CORRUPTION IN THE MINISTRY OF DEFENCE OF UKRAINE ON CORRUPTION PREVENTION

Building IntegrityTraining and Education

Centre of the IvanCherniakhovsky National

Defence University of Ukraine

The Ukrainian MilitaryLaw Enforcement

Service

• Prevention, detection, suppression of crimes, and other offenses. Participa-tion in prevention activities

• Termination of administrative viola-tions

• Identification of the causes and condi-tions that facilitate the commission of crime, measures to address them

Comprehensive efforts to build integrity and prevent corruption in the defence sector, which includes training courses, scien-tific research, and development of anticorruption regulations.

• Conducts in accordance with the provisions of Ukrainian law the public expert evaluation of the activities of the MoD and the public anticorruption expert evaluation of the rules and regulations developed by the MoD

• Conducts public control, with the MoD taking into account proposals and remarks from the public, provides for transparency and openness in its activities, grants access to public data it owns, as well as observes the provisions of laws and regulations aimed at preventing and combatting corruption

• Prevents violations of law and corruption behavior

• Detects violations, exercises control over corrective measures and brings to justice those responsible

• Integrity building

Detects and prevents corrup-tion within the administration of the Ministry of Defence, military command structures, and economic entities under control of the MoD

Commission for Monitoring

and Coordination of Implementation

of theAnticorruption Program

of the Ministry of Defence of Ukraine

Ministry of Defenсe

Corruption Commission for the Evaluation of Corruption

Risks

MINISTER OF DEFENCE OF UKRAINE

Community council under the Ministry of Defenсe, Committee No. 10Issues related to the prevention of corruption, civil service, appointment and dismissal of managers

and the activities of enterprises, institutions and organizations subordinated to the MoD

Internal Audit Department

Corruption Prevention

and Detecting Bureau of the Ministry

of Defenсe


EFFICIENT FUNCTIONING OF THE CORRUPTIONPREVENTION AND DETECTION SYSTEM IN ALL LINKSOF THE MILITARY GOVERNANCE CHAIN 8

INEVITABILITY OF PUNISHMENT OF THOSE GUILTY,SUPPORT FOR THOSE ASSISTING IN MITIGATINGCORRUPTION 12

INTERNATIONAL DEFENCE COOPERATION 24

OPENNESS IN THE MINISTRY OF DEFENCE OF UKRAINE 20

REFORMS IN THE MINISTRY OF DEFENCE OF UKRAINE 22

ELIGIBILTY GUIDELINES 26

PRIORITIES OF THE MINISTRY OF DEFENCE FOR PREVENTINGAND DETECTING OF CORRUPTION IN 2018 28

BUILDING INTEGRITY 14

INTERNAL AUDIT 18

SYSTEM FOR PREVENTING AND DEFLECTING CORRUPTION IN THE MINISTRY OF DEFENCE AND THE ARMED FORCES OF UKRAINE

National Agencyfor Prevention of Corruption

Government Agent for Anticorruption Policy

Expert AnticorruptionConsultative and Extension

Committee;Centre for strategic communi

cations StratCom Ukraine

Independent Anti corruption Defence Committee (NAKO)

DEPARTMENT FOR PREVENTION AND DETECTION OF CORRUPTION OF THE MOD

Western Territorial Group for Prevention

and Detection of Corruption

Central Territorial Group for Prevention


Northern Territorial Group for Prevention


Southern Territorial Group for Prevention


Eastern Territorial Group for Prevention


Persons authorized to implement the AC Program (AF branch command: GF Commend; AF Command, Navy Command)

Persons authorized to implement the AC Program (Departments for Support, Armament, Logistics, Housing &

Utility, Intelligence, Chancellery and GS AFU)

Persons authorized to prevent corruption (military governance bodies: OC, AFC and their equivalents) Persons authorized to prevent corruption (military units, state

enterprises and their equivalents)

Persons authorized to prevent corruption (military units, establishments and their equivalents)

MoD PublicCouncil, the

media, CSOs

Scientific Center for Prevention of Corruption in the Security

and Defence Sector (National Defence University of Ukraine)

Heads of structural units of the MoD and GS AFU (MIMoD, HRM Department, Department of Finance, MoD epartment for

Communications and Press, State Enterprises, MD MLES,

MD MPZ, Main Household and Utility Department, Procurement,

Intelligence)

MoD Commissionfor Monitoring the Implementationof the Objectives

of the AnticorruptionProgram (under the

management of First Deputy Minister of

Defence of Ukraine)

Sub-Committee No.1

of the MoDand AFU Reform

Committee WG #5(anticorruption

activities) (underthe management of MoD Civil Service)

MoD Commis-sion for Assess-ing Corruption

Risks (under the man-agement of First Deputy Minister of Defenсe of

Ukraine)

MINISTRY OF DEFENCE OF UKRAINE AND ARMED

FORCES OF UKRAINE

EXTERNAL CONTROL

INTERNAL CONTROL

EFFICIENT FUNCTIONING OF THE CORRUPTIONPREVENTION AND DETECTION SYSTEM IN ALL LINKSOF THE MILITARY GOVERNANCE CHAIN CORRUPTIONECHELONES OF MILITARY ADMINISTRATION

January February March April May June July

The Minister of Defence of Ukraine and the management of the Independent Defence Anticorruption Committee (NAKO) signed a Memorandum of Cooperation on external monitoring of anticorruption activities. NAKO was established based on the initiative of the international CSO Transparency International.

Prepared the MoD Order #267 of 15/05/2017 “On Introducing Changes to the Anticorruption Program of the MoD” regarding improvement of the status of anticorruption activities based on the results of the International Anticorruption Week 2.

The Expert Anticorruption Extension Committee and NAKO conducted external monitoring of the anticorruption activities of the MoD regarding the assessment of corruption risks in the main fields of activity of the MoD: public procurement, provision of household and utility services, and medical services.

Processed the proposed amendments of the NAPC to the Anticorruption Program based on its review and approval (under the decision of the NAPC of 06/07/2017, #258).

Developed and started implementation of the tasks and activities of the 2017 Anticorruption Program (approved by MoD Order of 30/05/2017, #299). The Program was developed based on the Methodology for Assessment of Corruption Risks in the Activities of State Authorities, approved by decision of the NAPC of 02/12/2016, #126.

Developed and submitted to the NAPC proposals for the preparation of the new Anticorruption Strategy of Ukraine for 2018-2020.

As part of conducting the sectorial analysis of the level of corruption in Ukraine, including the defence sector, and the development of the new medium-term Anticorruption Program of the MoD, the evaluation of corruption risks in the activities of the MoD was organized and is being conducted. The analysis of the content, conclusions and proposals of each of the chapters of the Analytical Note of the National Institute for Strategic Studies “On the Status of Transformation of the AFU and the Improvement of its Implementation”, as well as of the National Report “On the Implementation of the Provisions of Anticorruption Policy in 2016” was conducted in order to develop outgoing data.

Submitted to the NAPC information on the status of implementation of the State Program for the implementation of the provisions of the State Anticorruption Policy in Ukraine (Anticorruption Strategy) for 2015 – 2017.

8

MINISTRY OF DEFENCE OF UKRAINE

June July August September October November December

NAKO experts assessed the corruption risksin the system of provision of medical services to the AFU, and prepared proposals for their mitigation.

Prepared proposals for prevention of corruption to the Military-Political Guidelines for the Preparation and Implementation of Military Policy at the MoD and the AFU in 2018-2020.

NAKO experts assessed the corruption risks in the system of provision of medical services to the AFU, and prepared proposals for their mitigation.

The management of the Department participated in the meeting of the Expert Anticorruption Extension Committee. The Committee conducted a review of the assessment of corruption risks in the activities of certain structural departments of the MoD and prepared proposals for their mitigation.

Conducted a meeting between the First Deputy Minister of Defence of Ukraine, NAKO representatives and the delegation of the London subsidiary of Тrаnsраrеnсу Іntеrnаtiоnаl.

Prepared the informational and analytical materials regarding the prevention of corruption at the Ministry of Defence and the AFU for the three quarters of 2017, and submitted to the Presidential dministration, the Cabinet of Ministers and the National Security and Defence Council (as required by the MoD Order of 17/11/2016, #611).

The order of the Ministry of Defenсe “On the establishment of commission for the assessment of corruption risks in the Ministry of Defenсe of Ukraine” was issued, the work of the commission was carried out and a report on the results of the assessment of corruption risks in the Ministry of Defenсe for the further inclusion in the Anticorruption Program of the Ministry of Defenсe has been processed.Offers for the plan of international cooperation with the Ministry of Defenсe of the Kingdom of Belgium for 2018 on the experience sharing on the prevention of corruption have been processed.

The Minister of Defenсe approved organizational and methodological guidelines of the Minister of Defenсe of Ukraine on the implementation of state anticorruption policy in the activities of the Defenсe Ministry and the Armed Forces of Ukraine in 2018.

9

PREVENTED losses to the state by detecting corruption

offenses with a total value of

service investigations andanticorruption checksbased on violations, as wellas on the requirementsof anticorruption laws requests for information

preventive measureson prevention of corruption

anticorruption assessmentsof draft rules and regulationsof the MoD and the General Staff of the AFU

сitizen’s applications consultations

Conducted Processed

Carried outProvided

Accomplished

Considered

10

INEVITABILITY OF PUNISHMENT OF THOSE GUILTY,SUPPORT FOR THOSE ASSISTING IN MITIGATINGCORRUPTION

Coordination of work and exchange of information with the Main Military Prosecutor’s Office is provided with regard to:

the detection of crimes, the conduction of mutual checks of criminal records, including corruption crimes or crimes connected with corruption, as well as administrative corruption offences;exchange of information regarding persons brought to criminal and administrative justice for corruption crimes or crimes connected with corruption (based on the requirements of the Mutual Order of the MoD and the Prosecutor General’s Office of 30/03/2015, #42/138 “On Cooperation of the Prosecution Bodies and the Military Law Enforcement Service Regarding the Exchange of Information On Crime rates and the Prevention and Countering of Corruption”).

Interdepartmental cooperation takes place with the National Police and the Prosecutor General’s Military Prosecutor’s Office with regard to exchanging data on registered information regarding MoD officials brought to justice for committing corruption crimes or crimes and administrative offences related to corruption.

As part of implementing the State Anticorruption Program, the AFU MLES takes action to implement the decisions taken with regard to the reform of the MLES into military police (the draft law on military police is being discussed with the Administration of the President of Ukraine).

On 5/05/2017, the Head of the General Staff and Commander-in-Chief of the AFU approved the Algorithm for the Work of AFU Officials in case of commission of corruption offences connected to the acceptance of proposals, promises, or receipt of illegal proceeds, aimed at uprooting and reducing corruption risks.

THE DEPARTMENT FOR PREVENTION AND COUNTERING CORRUPTION CHECKED:

370 852 17

CHECKED PERSONS

PERSONSODD

JOBB

ING

HAVE

BU

SINE

SS

FIRE

D

ANTICORRUPTION ACTIVITIES OF THE MOD ARE CARRIED OUT IN CLOSE COOPERATION WITH THE LAW ENFORCEMENT SERVICES

PERSONS

PERSONS

12

who committed corruption criminal offenses

were published and entered into the Uniform State Registerof committed offenses in the Armed Forces of Ukraine

INCLUDING, BY ARTICLES OF THE CRIMINAL CODE OF UKRAINEArt. 410 (stealing,

appropriation, extortion or

fraudulent obtaining of munitions)

Art. 191 (misap-

propriation,embezzlementor conversion of property by malverzation)

Art. 368 (accepting a

proposal,promise or receivingimproper advantage

by a dutyholder)

Art. 364

(abuse of authorityor office)

Art. 369-2

(abuse of influence)

22 2 29 3 8

77 24In 2017in the Armed Forcesof Ukraine were convictedfor corruption offenses. This is 4 times morethan in 2016

deprived of military rank and released from military service for committing crimes, associated with

the acceptance of proposal, promise or receipt of improper advantage

PERSONS

PERSONS

13

Building integrity of the heads and officials of structural units of the MoD and the GS AFU, as well as other military governance bodies, military training institutions and authorized persons for the prevention of corruption in military units and state enterprises which fall under the authority of the MoD is provided, inter alia, through the delivery of advanced training courses at the Scientific Center for Prevention of Corruption (SCPC) of the Ivan Cherniakhovskiy National Defence University of Ukraine based on the training program prepared by Transparency International with support of the Ministry of Defence of the UK.

BUILDING INTEGRITY

PROVIDING FOR INTEGRITY OF MILITARY OFFICIALS AND CIVIL SERVANTS REMAINS AMONG THE MAIN PRIORITIES OF THE WORK OF THE MOD

485

IN ADDITION, NATO ANTICORRUPTION EXPERTS HAVE TRAINED DURING SEMINARS IN THE HIGHER MILITARY EDUCATIONAL INSTITUTIONS

134 124

80 14133

SCPCAT THE NATIONAL ARMY

ACADEMY OF UKRAINE

ZHYTOMYR MILITARY INSTITUTE

NATIONAL ACADEMY OF THE NATIONAL GUARD OF UKRAINE

(KHARKIV)

(FOR KNUAF, MILITARY LAW FACULTY)

MILLITARY ACADEMY (ODESA)

820 33

164 248 PERSONSPERSONS

PERSONS

PERSONSPERSONS

PERSONS

PERSONS

PERSONS

PERSONS

PERSONS

PERSONS

T O T A LTRAINED

INTERNATIONAL PEACE-KEEPING OPS TRAINING

FULL-TIME MOBILE

375 SPECIALIZED

ANTICORRUPTION TRAINING

14

HUMAN RESOURCE MANAGEMENT POLICY IMPROVEMENT The data on the implementation in the first half of 2017 of the Action Plan (Road Map) for Reducing Corruption Risks in the Course of the Preparation and Implementation of the Military HRM policy in the AFU in 2017 has been prepared.

Analysis and verification of the MoD’s rules and regulations in the field of implementing military HRM policy regarding the existence of potential corruption-generating norms has been conducted (approved on 1/02/2017 by the Deputy Minister of Defence of Ukraine), the 1st stage of work has been completed (October 2016 – September 2017). Actions of the second stage have been started (September 2017 – December 2018).

Based on the results of the examination, there were processed for the presence of corruption-related norms in 11 orders of the Ministry of Defenсe (2009-2016). During the second stage, changes with the exclusion of possible corruption factors were made to three orders of the Ministry of Defenсe (one of them is additional). The developers have organized work on the revision of the three laws and regulations of the Ministry of Defenсe

Organized the implementation of the Action Plan (Road Map) for Reducing Corruption Risks in the Course of the Preparation and Implementation of the Military HRM policy in the AFU in 2017-2020, approved by the Minister of Defence of Ukraine on 27/12/2016.

ANNU

ALLY Conducted an assessment of the level of performance of responsibility and objectives by civil

servants

Updated the List of Positions with High Corruption Risks and Lists of Persons Occupying Such Positions

Implemented the Action Plan for Minimizing Conflict of Interests of Persons Authorized to Perform the Functions of the State and Settlement of Conflict of Interest in Case of its Occurrence

Implemented in practice the Methodology for the Prevention and Settlement of Conflict of Interest.

In order to establish strategic directions and prospects for the development of military HRM policy at the AFU until 2020 in accordance with the principles approved by the armed forces of NATO member states, as well as to implement the provisions of the State Program for the Development of the AFU until 2020, the MoD issued the Order of 26/06/2017, #342 “On Approval of the Concept Military HRM Policy in the AFU until 2020”.


15

03. BUILDING INTEGRITY

In the framework of the reorganization of the Ministry’s staff and the prevention of appointment of persons with low moral, business and professional qualities to administrative posts, all candidates for managerial posts and civil servants pass certain testing. In this regard, the regulatory and legal base for organization and conducting a survey of personnel using a polygraph in the Ministry of Defenсe and the Armed Forces of Ukraine was processed.

POLYGRAPHStarting from November 2015, the polygraph examiners of the MoD conducted psychological testing of over 675 officials using the polygraph, including 334 in 2016, and 221 in 2017. As a result of the polygraph data, near 40% of the candidates have not been appointed. Out of them, up to 70% are candidates for positions of heads of state enterprises.

727PEOPLE

PEOPLETESTINGON THE POLYGRAPH

LUSTRATIONAccording to the schedule and timetable for carrying out such audits, audits of 62017 persons have been initiated within two years. Audits of 42,567 people are carried out (about 150,000 people are subject to this audit).

334

238

2016

2017

62 017STARTED AUDIT OF 150 000

42 567

SUBJECT TO AUDIT

CARRIED OUT AUDITS OF

Implemented the formation of a reserve pool of candidates for promotion based on the rating principle (MoD Order as of 14/12/2016, #684 “On Approval of Changes to the Instruction On the Organization of the Implementation of the Regulation on the Military Service of the Citizens of Ukraine in the AFU”).

155

2015

16

COOPERATION WITH CIDS Activities of the International Project for Reducing Corruption Risks in the MoD HRM system are being implemented (since 2015) jointly with the Centre for Integrity in the Defence Sector (CIDS) of the Ministry of Defence of the Kingdom of Norway under the framework of EU support (SIGMA).

Organized the implementation of the Action Plan for Reducing Corruption in the MoD HRM System for 2017-2018 (approved on 29/12/2016 by the Deputy Minister of Defence for European Integration Issues).

Based on the results of the implementation of the aforementioned Plan and consultations held with the Norwegian party, the Strategy for Managing Civil Servants of the MoD for 2017-2020 has been developed (approved by the Minister of Defence of Ukraine on 26/04/2017).

The implementation of this Strategy will result in the establishment of a modern HRM system at the MoD, the adoption of best foreign practices, the prevention and countering of corruption through building integrity and reducing corruption risks in MoD structural units.

In the Armed Forces, the Code of Good Conduct and Professional Ethics for Military Personnel, Civil Servants and other Persons Authorized to Perform the Functions of the State at the MoD and the AFU is being implemented, as approved by the Minister of Defence of Ukraine on 15/03/2017.

SPECIAL VERIFICATIONS ARE BEING CONDUCTED WITH REGARD TO CANDIDATES FOR POSITIONS RELATED TO THE PERFORMANCE OF THE FUNCTIONS OF THE STATE, BASED ON WRITTEN APPLICATIONS OF SUCH CANDIDATES AND UPON THEIR WRITTEN CONSENT.

Prepared and submitted to the NAPC information from the MoD regarding the introduction of changes to the procedure for conducting special verification with regard to those candidates who apply for the first time for the positions of heads, deputy heads of military governance bodies, military units, institutions, establishments and state enterprises (Order of the MoD #499 of 27/09/2017 On Approval of Changes to the Instruction On the Organization of the Implementation of the Regulation on the Military Service of the Citizens of Ukraine in the AFU”).

Actions are being taken to ensure a broad practice of contract-based employment of the heads of state enterprises subordinated to the MoD, which provides for avoiding corruption of the heads of enterprises.

Implemented a restriction of the term of temporary performance of duties of a head of a state enterprise capping it at three months (implemented MoD Order of 13/04/2017 #5ДС).

Relieved from temporary performance of the duties of heads of state enterprises those persons who have exceeded the aforementioned term.


17

INTERNAL AUDIT

The Ministry of Defenсe of Ukraine ensures and effectively implements the internal control system.

International AssessmentIn February 2017, British experts completed an independent external assessment of the internal audit of the Ministry of Defenсe. Based on the results of the assessment, the work of the Internal Audit Department of the Ministry of Defenсe was rated as “excellent” by the thirty criteria of the “International Foundations of Professional Practice” and another twenty scored “good”. Independent auditors provided a number of recommendations aimed at improving the activities of the Internal Audit Service of the Armed Forces. Measures have been taken to approach the best world standards in budgeting, banking, cash management; the needs for qualified personnel are satisfied.

FROM THE BEGINNING OF 2017, INTERNAL AUDIT SERVICE OF THE ARMED FORCES OF UKRAINE HAS CARRIED OUT

BY THE RESULTS OF AUDITS

in the finance and property department

control activity in the amount of

FORESTALLED IDENTIFIED VIOLATIONS

ELIMINATED RISKS IN THE AMOUNT OF TRANSFERRED MATERIALS ON

REIMBURSED

BROUGHT

81,2 60,05 466,2

2276,09 425,23

67,74

3497 COVERED ILLEGAL LOSSES AND DAMAGES THAT LED TO LOSSES AND AMAGES

LOSSES AND DAMAGES

BASED ON AUDIT FINDINGS

TO JUSTICE

BLN UAH

MLN UAH

MLN UAH

MLN UAH

MLN UAH

MLN UAH

PERSONS

18

OPENNESS IN THE MINISTRY OF DEFENCE OF UKRAINE

Over the reporting period, the MoD provided for systemic cooperation with civil society representatives in order to discuss and find common ways to resolve the current problems linked to the implementation of the anticorruption policy of the state

Activities contained in the Action Plan for Implementing the State Policy Strategy for Supporting the Development of Civil Society in 2017, which provides for cooperation in proliferating zero tolerance to corruption.

Formed, and on 20/07/2017 approved by the Minister of Defence of Ukraine, the new composition of the MoD Public Council, which brings together 35 CSOs. The issues of the status of anticorruption activities of the MoD are being reviewed at its meetings. Established cooperation with Committee #10 of the Public Council (for prevention of corruption, civil service, appointment and dismissal of heads and the activities of the enterprises, institutions and organizations which are subordinated to the MoD)

During 2017, 50,230 appeals from citizens have been received and processed by the specified information structures at the Ministry of Defenсe:In 2017, the unit of the Ministry of Defenсe established a single structural unit, which is responsible for the realization and implementation of the strategic communications system – Department of Coordination of Strategic Communications and Monitoring. The Minister of Defenсe signed an order as of 22/11/2017 No. 612 “On Approval of the Concept of Strategic Communications of the Ministry of Defenсe and Armed Forces of Ukraine”.Prepared and submitted proposals of the MoD to the draft Communications Strategy in the Field of Preventing and Countering Corruption. Under the Decision of the CMU #576-р of 23/08/2017 “On Approval of the Communications Strategy in the Field of Preventing and Countering Corruption” prepared the proposals of the MoD to the draft action plan for the implementation of the Strategy, which was submitted to the CMU Secretariat and the Ministry of Information Policy of Ukraine.The offers of the Ministry of Defenсe on the draft plan of actions for the implementation of the Communication Strategy in the Sphere of Prevention and Mitigating Corruption for 2018 have been processed, which are submitted to the Ministry of Information Policy (No. 406/1169 as of 15/11/2017).

In order to provide for the right of citizens to receiveand provide information, the MoD has established

A call center,the Public ReceptionOffice of the Ministerof Defence and8 regional receptionoffices at oblast military commissariats.

Telephone “Hot Lines”of the AFU MLES,the Department forPreventing and DetectingCorruption and the InternalAudit Departmentof the MoD.

20

The activities of the MoD for the prevention of corruption take place based on the principles of legality and transparencyThe Narodna Armiya newspaper and the Viysko Ukrainy magazine systematically publish materials on anticorruption topics. This includes 7 interviews with the Minister of Defence of Ukraine regarding the prevention of corruption, specifically, with regard to the address of the Minister on occasion of the approval of the Code of Good Conduct and Professional Ethics in the defence sector, and the meeting with Transparency International and NAKO representatives. Participated in the TV program Pohlyad at Channel 5, as well as at 112 Ukraina, 1+1 and in the newspapers Golos Ukrainy, Fakty, Den and Narodna Armiya. In total, 8 briefings, 6 press conferences, 17 interviews and commentaries have been given by the management of the MoD and the GS AFU with regard to countering corruption. The central TV and radio studio of the MoD prepared 8 TV programs. Relevant information is published in the media and on the website of the Ministry of Defenсe.

In 2017, with the support of “Stratcom Ukraine”, a Web site of the Scientific Center for Prevention of Corruption in the Security and Defenсe Sector SCPC was created, as well as an anticorruption web-portal “Corruption in the Army kills!” on the Internet (https://defence-anticor.in.ua), to which in the reporting period there were 98 reports on the facts of corruption offenses.

A practical guide for declarants “Electronic declaration system”; The manual “Code of Good Conduct and Professional Ethics for Military Personnel, State Servants and Other Persons, Authorized to Perform Functions of the State, at the MoD and the AFU”;The methodological guidel “Commentary to the Code of Good Conduct and Professional Ethics at the MoD and the AFU”; the information note for the personnel “Rules of Good Conduct with Regard to Preventing Corruption”;

information and reference material under the framework of performing the objectives and activities of the MoD Anticorruption Programs for 2015-2017; The program for conducting anticorruption advanced training at the SCPC;The analytical handbook “Corruption risks in the system of medical supply of the MoD”;Prepared a case of methodical materials “How to complete the E-Declaration” for the subjects of declaration.

In addition, jointly with the SCPC and StratCom Ukraine, the following materials were published in 2017:

19 informational notices have been published on the implementation of activities aimed at the prevention of corruption at the MoD.In order to disseminate the MoD experience in countering corruption, with support of the Centre for strategic communications StratCom Ukraine there were published two issues of bulletin on MoD anticorruption activities in 2016 and for 3Q 2017 were issued, which are brought to the management of the Ministry of Defenсe.

The official website of the MoD is constantly updated with information in the following sections: “Prevention of Corruption” “Lustration” “Public Procurement”


21

As part of the implementation at the MoD of reforms in the area of procurement, logistical,alimentation, financial and housing support, as well as in the management of state enterprises,continued the activities of Working Group No. 5 (Increasing the Efficiency of AnticorruptionBodies and Independent Control Institutions) of Subcommittee #1 of the Reform Committeeof the MoD and AFU, based on the results of which were updated the tasks of the Action Planfor Supporting the Implementation of Defence Reform in the MoD and the AFU in 2016-2020(the defence reform Roadmap) and the Matrix for Attainment of Strategic Goals and Objectivesof the Defence Reform*

The Working Group No. 5 includes representatives of government bodies, the National Agency for the Prevention of Corruption, the Project Reform Office and the Public Council under the Ministry of Defenсe, leading public (volunteer) organizations, as well as foreign advisers.

The issues related to the implementation of the measures of the Anticorruption Program of the Ministry of Defenсe for 2017, as well as the Action Plan to Support the Implementation of Defenсe Reform in the Ministry of Defenсe and in the Armed Forces of Ukraine in 2016-2020 (Road Map for Defenсe Reform), are reviewed and processed at monthly meetings of Working Group No. 5

The representatives of the joint public-CSO initiative Together Against Corruption and the Reanimation Reform Package are involved in defence reform implementation, including in the area of preventing corruption.

REFORMS IN THE MINISTRY OF DEFENCE OF UKRAINE

* Attachment 1 to the Strategic Defence Bulletin of Ukraine of June 6, 2016, #240/2016 “On the Decision of the National Security and Defence Council of Ukraine of May 20, 2016, On the Strategic Defence Bulleting of Ukraine”. Regarding the prevention and countering of corruption for 2017 and further years taking into account the proposals of foreign advisors to the MoD.

International experts in the Working Group No. 5

Great Britain Germany USA

22

Based on the outcomes of these meetings were restructured the structural units of the MoD responsible

for the preparation and state registration of land parcels of MoD land users, activities were intensified,

and governance was enhanced

Participated in a number of joint working meetings to discuss the procedure and results of implementation of the objective regarding the inclusion into the State

Land Cadaster information about defence land parcels, their quantitative and qualitative characteristics, as

well as pecuniary appraisal

Recurrent control is exercised over the status of implementation of tasks by household and utility service providers, which work in coordination with working groups established with oblast state administrations.

The Main Household and Utility Service of the AFU is finalizing the development of draft orders of the MoD “On Approval of the Instruction for Registration of Land Parcels with the Units of the Household and Utility Service of the AFU” and “On the Conduction of an Inventory of Certain Land Parcels”.

In order to reduce the level of corruption in the field of public procurement, the Department for Public Procurement and Material Resource Supply of the MoD, in line with the Law of Ukraine On Public Procrement and using the electronic public procurement system ProZorro, ensures free access of all the participants to information on procurement provided for by this Law. Domestic and foreign participants of all forms of ownership and organization participate in the procurement procedures based on equal conditions.

Based on the requirements of the Law, and in order to observe the principles of transparency and non-discrimination of participants during the procurement process, the electronic platform contains the MoD Annual Procurement Plan, announcements about the conduction of procurements, tender documentation which contains all qualitative and quantitative characteristics, the respective technical specifications of the procurement object, qualifications requirements to participants, the final term for submitting tender proposals, procedural processes, concluded contracts and reports on their performance.

As part of the establishment of integrated procurement systems, courses are conducted for the training of state procurement system staffers based on the SCPC with representatives of the electronic platform zakupki.prom.ua, the Ministry for Economic Development of Ukraine and the Ministry of Defence of Georgia.

Based on the results of joint work and in accordance with the Decree of the CMU of 05/10/2016, #803-р “Certain Issues of Preventing Corruption in Ministries and Other Central Executive Authorities”,

and the Anticorruption Action Plan of the MoD and the AFU


23

INTERNATIONAL DEFENCE COOPERATION

In the area of international cooperation to counter corruption, the MoD takes important stepsaimed at deepening strategic partnership relations between Ukraine, international think tanksand NATO international programs

Analyzed the status of implementation of anticorruption activities of the MoD under the framework of implementing the Annual National Program under the aegis of the Ukraine-NATO Commission for 2017 and the Detailed MoD Action Plan for Implementation of the Government’s Priority Action Plan for 2017. Prepared the proposals of the MoD to the draft Annual National Program under the aegis of the Ukraine-NATO Commission for 2018.

Conducted meetings between:

the Minister of Defenсe of Ukraine with the delegation of the British Armed Forces headed by the Minister of the Armed Forces of Great Britain. Offers for inclusion in the Individual Partnership Program between Ukraine and NATO for 2018 (IPP – training) have been developed;

the MoD delegation and the NATO delegation regarding the implementation of objectives and activities of the Partnership Goal G0204 of the NATO BI Initiative aimed at building integrity, transparency, trustworthiness and reducing corruption risks in the work of defence and security institutions;

SCPC representatives, the UK advisor to the MoD Phil Johnes and Transparency International expert Allan Waldron. The parties discussed improvements of the training course on anticorruption issues, as well as advanced training of scientific personnel, the core faculty of the SCPC Training Center, officers and civil servants of the MoD.

In SCPC the 3rd International Anticorruption Week (MACW-2017) was organized and during 20-22/11/2017 was held with the participation of the First Deputy of Minister of Defenсe of Ukraine, leading foreign experts in mitigating corruption, representatives of NATO Liaison Office in Ukraine, foreign advisers of the Ministry of Defenсe of Ukraine and the Armed Forces of Ukraine, representatives of the National Security and Defenсe Council of Ukraine, the Cabinet of Ministers of Ukraine, central bodies of executive power, heads and representatives of the structural divisions of the Ministry of Defenсe of Ukraine and the General Staff of the Armed Forces of Ukraine, higher military educational institutions, media, NGOs in mitigating corruption (85 participants took part in this event, including 30 foreigners).

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METHODOLOGICAL GUIDELINESTO THE COMMANDERS (HEADS) ON TAKING MEASURES TO PREVENT CORRUPTION

Methodical guidelines to commanders (heads) on taking measures to prevent corruption

TO DETERMINE (designate) the Authorized Persons for Prevention and Detection of Corruption in the Military Department, military unit, institution, establishment, state enterprise (hereinafter – the military unit) in the constituent orders of the respective commanders (heads) (in accordance with the requirements of the order of the Ministry of Defenсe of Ukraine No. 646 as of 24/11/2015).

TO DEVELOP the measures that are necessary for Prevention and Detection of Corruption, to regularly evaluate corruption risks in the military unit (subdivisions), which will reduce corruption risks and corruption-related offenses (in accordance with the organizational and methodological guidelines on the implementation of the state anticorruption policy in the activities of the Ministry of Defenсe of Ukraine and in the Armed Forces of Ukraine for 2018, approved by the Minister of Defenсe of Ukraine on December 30, 2017).

TO CREATE the situation of intolerance to commit corruption offenses in the military teams of the military unit (subdivision).

TO EXAMINE and to implement the observance of ethical rules of good conduct (defined by the Code of Good Conduct and Professional Ethics for Military Officials, Civil Servants and Other Persons Authorized to Perform State Functions, in the Ministry of Defenсe of Ukraine and in the Armed Forces of Ukraine (approved by the Minister of Defenсe of Ukraine on 15/03/2017) in the official service of the military unit (subdivision) officials

TO PROVIDE effective ProZorro tender procedures, to establish effective financial control over spending resources on goods procurement, works and services, which will help to achieve maximum efficiency of spending use and to provide operational (combat) capabilities.

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TO EXCLUDE (not to allow) cases of corruption or corruption-related offenses, lucrative crimes (abuse of powers, official position, influence, excess of power, obtaining improper advantage, embezzlement, etc.), which will ensure public confidence in the Armed Forces of Ukraine and state bodies in whole

TO PROVIDE transparency in making managerial decisions that will ensure openness to the public and easier access to management procedures and documents.

TO DETERMINE the control system as a mechanism for verifying the performance of functional responsibilities (duty regulations) by the subordinate service persons and the application of the principle of ensuring the unavoidability of punishment for corruption offenses, which will ensure the effectiveness of the quality performance of the assigned tasks and the adoption of adequate solutions.

TO MAKE an internal system to prevent corruption in the military environment, with the direct organization of embedded ethical standards capable of preventing such manifestations that will ensure the effectiveness of management and ensuring the receipt of information to respond to challenges (in accordance with the requirements of the order of the Ministry of Defenсe of Ukraine No. 646 as of 24/11/2015).

TO EXCLUDE the facts of the persecution of servicemen, civil servants and employees of the Armed Forces of Ukraine for their reporting of corruption cases or corruption-related offenses that will ensure the confidence of subordinate personnel to commanders (heads).

TO ORGANIZE systematic counseling with the involvement of professional anticorruption experts on the implementation of processes that are taking place on the path to improvement of anticorruption legislation, which will be able to obtain new, simulated forms of risk emergence and to invent new mechanisms for their overcoming.

Lieutenant Colonel of Justice Moysey L.O., PhD in Law,

Chief of the Western Territorial Group for Prevention and Detection of Corruption


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PRIORITIES OF THE MINISTRY OF DEFENCE FOR PREVENTING AND DETECTING CORRUPTION IN 2018

1development of the Anticorruption Program of the MoD and the AFU for 2018-2020,

organization of its implementation, bringing to the troops (forces) and conducting the assessment of corruption risks and processing of anticorruption programs in the command of the types of the AFU, determined by the military management bodies and state enterprises that are in the functional subordination of the MoD;

2increasing the effectiveness of existing anticorruption bodies and independent

controlling institutions in order to reduce corruption risks in the activities of the MoD and the AFU;

3realization of military personnel policy for prevention of corruption, formation the

integrity of military personnel and civilian personnel, their negative attitude to corruption, provision of personnel security in the preparation and adoption of personnel decisions;

4implementation of the Code of Good Conduct and Professional Ethics for Military Officials,

Civil Servants and Other Persons Authorized to Perform State Functions, in the Ministry of Defenсe of Ukraine and in the Armed Forces of Ukraine into the activity of officials of the structural units of the Ministry of Defenсe, the General Staff of the Armed Forces of Ukraine, the commands of the Armed Forces of Ukraine, other military management bodies, unions,

In 2018, priority guidelines for the implementation of the state anticorruption policy in the Ministry of Defenсe of Ukraine, in the General Staff of the Armed Forces of Ukraine, military administration and troops (forces) include:

military units, institutions, establishments and state enterprises that are in the functional subordination of the Ministry of Defenсe of Ukraine

5provision of intolerance to commit corruption offenses in the course of ensuring the

implementation of the tasks of protecting the sovereignty and territorial integrity of Ukraine, participation of the units of the Armed Forces of Ukraine in the international peace-keeping activities;

6reduce in corruption risks during public procurements by performing their

transparency and competitiveness;

7 strengthening the effectiveness of the financial resources management, provision

budget programs implementation transparency, development and maintenance of internal control system, conducting of e-declaration;

8 provision of appropriate conditions for reporting of facts on violating the requirements

of anticorruption legislation, application of effective and restraining measures to persons involved in corruption offenses;

9 provision of openness and monitoring of the anticorruption policy effectiveness promoting

participation of public, international organizations in its implementation.

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Centre for strategic communications StratCom Ukraine

for supporting the implementation of the MoD Anticorruption Program

+38 (067) 404 83 [email protected]

Under the general editorship of the Head of the Department for Prevention and Detection of Corruption of the MoD,

Colonel of Justice V.A. Pryimak

Responsible for the publication of the Information Bulletin No.5 (2018): S. A. Konoshuk, V. V. Kotvitsky,

A. V. Yelfimova

Department for Prevention and Detection of Corruption

+38 (044) 454 44 21

ANTICORRUPTION ACTIVITY OF THE MINISTRY OF DEFENСE OF … · 2018-05-31 · anticorruption...

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