Draft Anticorruption Programme

47
1 Annex 2 to the Programme OBJECTIVES AND ACTIONS to operationalize the State Programme on Implementation of the Principles of State Anti-corruption Policy in Ukraine (Anti-corruption Strategy) for 2015-2017 Objective Action Timeframe Responsible parties Indicators Sources of funding Estimated amount of funds to fulfill the objective, UAH mln. Annual breakdown 2015 2016 2017 І. Development and implementation of the state anti-corruption policy Goal To develop a system of making decisions on anti-corruption policy on the grounds of evidence-based data about corruption and factors underlying it (including, statistical surveys, amongst other sources), monitoring of such decision implementation and their impact on corruption by an independent specialized body in partnership with civil society, and to shape social support to countering corruption Indicator The necessary legislation is adopted, institutions are set up, mechanisms of implementation and monitoring of the anti-corruption policy in line with the above- mentioned goal are established 1. Setting up the institutional mechanism to develop and monitor implementation of state anti-corruption policy, including launch of the National Agency for Preventing Corruption (NAPC), fostering effective performance of the National Council on the Anti- corruption Policy 1. Take the following actions for jumpstarting the NAPC 1) Ensure that Verkhovna Rada of Ukraine adopts a law enabling the competition for selection of members of the NAPC before enactment of the Law On Preventing Corruption”; 2) Approve the Regulation on competition for selection of members of the NAPC and Operating procedures for the selection; 3) Ensure the approval of composition of Commission for selection of the NAPC members January 2015 January 2015 February 2015 MoJ Cabinet of Ministers of Ukraine Cabinet of Ministers of Ukraine the law is adopted act / regulations of the Cabinet of Ministers of Ukraine adopted the Cabinet of Ministers of Ukraine adopts an act / regulation on the composition of Commission within the funds of state budget within the funds of state budget within the funds of state budget

description

 

Transcript of Draft Anticorruption Programme

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1

Annex 2

to the Programme

OBJECTIVES AND ACTIONS

to operationalize the State Programme on Implementation of the Principles of State Anti-corruption Policy in Ukraine (Anti-corruption Strategy) for 2015-2017

Objective

Action Timeframe Responsible

parties

Indicators Sources of

funding

Estimated

amount of

funds to

fulfill the

objective,

UAH mln.

Annual breakdown

2015 2016 2017

І. Development and implementation of the state anti-corruption policy

Goal To develop a system of making decisions on anti-corruption policy on the grounds of evidence-based data about corruption and factors underlying it (including,

statistical surveys, amongst other sources), monitoring of such decision implementation and their impact on corruption by an independent specialized body in

partnership with civil society, and to shape social support to countering corruption

Indicator The necessary legislation is adopted, institutions are set up, mechanisms of implementation and monitoring of the anti-corruption policy in line with the above-

mentioned goal are established

1. Setting up the institutional

mechanism to develop and

monitor implementation of state

anti-corruption policy, including

launch of the National Agency for

Preventing Corruption (NAPC),

fostering effective performance of

the National Council on the Anti-

corruption Policy

1. Take the following actions for

jumpstarting the NAPC

1) Ensure that Verkhovna Rada of

Ukraine adopts a law enabling the

competition for selection of members

of the NAPC before enactment of the

Law “On Preventing Corruption”;

2) Approve the Regulation on

competition for selection of members

of the NAPC and Operating

procedures for the selection;

3) Ensure the approval of composition of

Commission for selection of the

NAPC members

January 2015

January 2015

February 2015

MoJ

Cabinet of

Ministers of

Ukraine

Cabinet of

Ministers of

Ukraine

the law is adopted

act / regulations of

the Cabinet of

Ministers of

Ukraine adopted

the Cabinet of

Ministers of

Ukraine adopts an

act / regulation on

the composition of

Commission

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

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4) Ensure that the competition for

selection of members of the NAPC

takes place and

that the candidates selected by the

Commission are appointed members

of the NAPC

5) Adopt the act / regulation of the

Cabinet of Ministers of Ukraine on

establishment of the NAPC, and, in

order to achieve this

submit the draft of the respective act /

regulation for consideration to the

Government

6) Carry out the meeting of NAPC in

order to make decisions on: election of

the Head and Deputy Head of the

NAPC, division of responsibilities

between the NAPC members,

Regulations on the NAPC operations,

Statute guiding the work of NAPC

Secretariat and its autonomous

structural units, as envisaged by the

Law of Ukraine “On Preventing

Corruption”

7) Ensure state registration of the NAPC;

Feb – March 2015

March – April

2015

March 2015

March 2015

April 2015

1 May 2015.

Secretariat of the

Cabinet of

Ministers of

Ukraine

Cabinet of

Ministers of

Ukraine

Cabinet of

Ministers of

Ukraine

MoJ

NAPC

NAPC,

Ukrainian State

the selection is

completed,

proposals on

candidacies

provided to the

Prime-Minister of

Ukraine

composition of the

NAPC is approved

the Cabinet of

Ministers of

Ukraine adopts the

act / regulation on

establishment of

the NAPC

draft act /

regulation is

submitted to the

Cabinet of

Ministers of

Ukraine

the respective

decisions of the

NAPC are adopted

State registration

of the NAPC is

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

Within the funds

of state budget

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8) Provide adequate conditions for

NAPC operations, including

- table a draft act / regulation on

allocation of adequate premises to

NAPC before the Cabinet of Ministers

- table a draft act / regulation on

allocation of automotive transport for

NAPC

9) Approve the maximum number of

office staff of NAPC, and

respectively:

- table a draft act / regulation on

approval of maximum number of

office staff for consideration before the

Government

10) Adopt the act / regulations of the

Cabinet of Ministers on equating the

positions of civil servants in the

NAPC Secretariat to the respective

ranks of positions in the Secretariat of

April – May 2015

April 2015

April 2015

May 2015

15 May 2015

May 2015

Registration

Service

Cabinet of

Ministers of

Ukraine

Fund of State

Property of

Ukraine, Kyiv

city state

administration,

NAPC

Ministry of

Finance, NAPC

Cabinet of

Ministers of

Ukraine

NAPC, Ministry

of Finance

Cabinet of

Ministers of

Ukraine

completed

NAPC is provided

with adequate

premises and

vehicles

draft act /

regulation is tabled

before the Cabinet

of Ministers of

Ukraine

draft act /

regulation is

furnished to the

Cabinet of

Ministers of

Ukraine

Act / regulation of

the Cabinet of

Ministers of

Ukraine

draft act /

regulation is tabled

before the Cabinet

of Ministers of

Ukraine

respective act /

regulations of the

Cabinet of

Ministers of

Ukraine

within the funds

of state budget

and funds of

international

financial aid

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

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the Cabinet of Ministers of Ukraine

and on payment of financial aid in line

with article 15 of the Law of Ukraine

“On Preventing Corruption”, and

respectively:

- submit the respective draft act /

regulations for consideration to the

Cabinet of Ministers of Ukraine

11) Ensure staffing for the NAPC

Secretariat necessary for starting

NAPC operations

12) Create the official NAPC web-page

13) Organize trainings for staff of the

NAPC Secretariat (not fewer than 2-3

days in duration)

14) Establish a civic council for NAPC,

and respectively:

submit the draft act / regulation on

competitive selection of civic council

members for consideration to the

Government

By 15 May 2015

By 15 July 2015

by 15 July 2015

15 July 2015

June 2015

March 2015

March 2015

NAPC, Ministry

of Finance,

Ministry of

Social Policy,

National State

Service Agency

NAPC

NAPC

NAPC, MoJ,

National State

Service Agency

Cabinet of

Ministers of

Ukraine

MoJ

Cabinet of

draft of respective

act / regulation

at least 50% of

staff of NAPC

Secretariat are

recruited

web-page of the

NAPC functional

all staff of the

NAPC Secretariat

received training

act / regulation of

the Cabinet of

Ministers of

Ukraine on

establishment of

the civic council

draft of the

respective act /

regulation

within the funds

of state budget

within the funds

of state budget

and funds of

international

financial aid

within the funds

of state budget

and funds of

international

financial aid

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

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adopt an act / regulation on

competitive selection of civic council

members

ensure the organization of competitive

selection of civic council members

adopt the act / regulation of the

Cabinet of Ministers of Ukraine on the

composition of civic council at the

NAPC

15) Adopt the act / regulation of the

Cabinet of Ministers of Ukraine on

starting the operation of NAPC

16) Ensure concluding inter-agency

agreements on providing NAPC with

access to databases and state registries

that are maintained by central

executive authorities

17) Provide NAPC with direct access to

databases and state registries that are

maintained by central executive

authorities

March – May 2015

June 2015

By 1 August 2015

By 1 December

2015

By 1 January

2016.

Ministers of

Ukraine

Secretariat of the

Cabinet of

Ministers of

Ukraine

Cabinet of

Ministers of

Ukraine

Cabinet of

Ministers of

Ukraine

NAPC,

respective central

executive

authorities

NAPC,

respective central

executive

authorities

the respective act /

regulation of the

Cabinet of

Ministers of

Ukraine

competitive

selection

organized,

proposals on the

composition of

civic council

provided to the

Government

composition of the

civic council is

approved

the respective act /

regulation of the

Cabinet of

Ministers of

Ukraine

inter-agency

agreements on

access of NAPC to

databases and state

registries are

signed

access of NAPC to

databases and state

registries is

provided

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

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2. Ensure that the NAPC performs all its

functions in the area of state anti-

corruption policy:

1) Ensure high capacity of staff of the

NAPC Secretariat to adequately

perform its tasks, in particular:

recruit at least 90% of staff of the

NAPC Secretariat

introduce a training system for

individuals who are recruited by the

NAPC Secretariat

conduct at least two training sessions

per year for every NAPC staff member

organize internships, study visits of

staff of the NAPC Secretariat to

foreign anti-corruption bodies, and

visits of international experts to the

NAPC

2) Improve the efficiency of authorized

units (focal points) on prevention and

detection of corruption, in particular:

1st stage – 2015,

then – on a rolling

basis

By 1 January 2015

By 1 January 2015

Twice a year in

line with the

NAPC schedule

on a rolling basis

December 2015

NAPC

NAPC

NAPC

NAPC

NAPC, MFA

NAPC, other

central and local

executive bodies

90-95% staff

members are

recruited, every

member received

relevant training

at least 90% of

staff members are

hired

training system is

functional in line

with the NAPC act

/ regulation

at least 2 training

sessions per year

50% of staff are

covered with

training activities

in 2015, 25% in

2016 and 25% in

2017

existing authorized

units (focal points)

in bodies that

adopt anti-

corruption

programmes.

According to the

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

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- analyze the activity of authorized units

(focal points) and, based on this

analysis:

- develop a draft act / regulation on

strengthening their role in line with the

Law “On Preventing Corruption”

- approve methodological

recommendations to be used by

authorized units (focal points)

- conduct trainings for staff members of

authorized units (focal points) – at

least twice per year

3) Ensure effective implementation of the

Law “On Preventing Corruption”, in

particular:

October 2015

November 2015

November 2015

Two trainings in

Sept and Dec

2015; in 2016 and

2017 – in line with

schedules to be

approved by the

NAPC

December 2016

NAPC, other

central and local

executive bodies

NAPC

NAPC

NAPC, other

central and local

executive bodies

NAPC with

stakeholders:

executive

authorities,

Supreme Court

of Ukraine (upon

NAPC report, they

have capacity to

ensure

implementation of

the Law “On

Preventing

Corruption”

report is developed

based on results of

analysis

draft act /

regulation on

amending the

legislation

technical

guidelines

approved

trainings are

conducted (at least

two training

sessions in 2015,

2016 and 2017),

with at least 50%

staff members of

authorized units

(focal points)

taking part in them

Law “On

Preventing

Corruption” is

adjusted to respond

to problems

identified during

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

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- establish a working group composed

of NAPC staff members, law

enforcement officers, employees of

other state bodies, representatives of

public and business in order to monitor

the application of Law, ensure

operation of such group

- analyze implementation of the Law

- develop a draft law on amending the

Law “On Preventing Corruption” and

other laws in order to improve

regulations therein

September 2015

September 2016

December 2016

consent),

Prosecutor-

General’s Office

(upon consent)

NAPC and the

respective

working group

NAPC and the

respective

working group

NAPC and the

respective

working group

monitoring of its

application

working group is

set up, first

meeting conducted,

priorities and

group action plan

are produced

analytical report

draft amendments

to the legislation

are developed,

discussed and

submitted to

Verkhovna Rada of

Ukraine

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

3. Foster effective operation of the

National Council on anti-corruption policy:

1) Delegate two representatives of the

Cabinet of Ministers of Ukraine to

the National Council, and in

relation to this:

submit for consideration to the

Government a draft act / regulation

on delegating representatives of the

Government to the National

Council

1 March 2015

By 20 February

2015

Cabinet of

Ministers of

Ukraine

MoJ

the respective act /

regulation of the

Cabinet of

Ministers of

Ukraine

draft act /

regulation is

submitted to the

Cabinet of

Ministers of

within the funds

of state budget

within the funds

of state budget

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2) Inform the President about the

Government’s delegates to the

National Council and furnish the

proposals on activity of the

National Council

By 1 March 2015 Cabinet of

Ministers of

Ukraine

Ukraine

the Government

provided the

respective

information

to the President of

Ukraine

within the funds

of state budget

2. Developing tools for collecting

reliable information on qualitative

and quantitative indicators of

corruption

1. Approve a nation-wide methodology for

assessing the level of corruption in line

with UN standards. In order to complete

this:

- develop a draft methodology to assess

corruption levels

- organize pilot assessment of the

corruption level in line with draft

methodology

- submit the fine-tuned methodology

for consideration to the Cabinet of

Ministers of Ukraine

2. Organize annual assessments of the

corruption level using the nation-wide

methodology to assess the level of

corruption in line with UN standards,

approved by the Cabinet of Ministers of

Ukraine

3. Organize research or commission

research on corruption problems in the

December 2015

August 2015

Sept-Oct 2015

.

November 2015

Annually during

Jan-Feb

Annually,

according to the

Cabinet of

Ministers of

Ukraine

NAPC

NAPC

NAPC

NAPC

NAPC

Methodology

approved by the

decision of the

Government, its

draft piloted

draft policy

analytical report

upon the results of

the assessment

draft act /

regulation

submitted for

consideration to

the Government

annual analytical

reports on

corruption levels

analytical reports

upon the results of

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

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most corruption-affected areas

NAPC action plan

research and

proposals on

legislative

amendments

and funds of

international

technical aid

3. Developing the new anti-

corruption strategy

1. Carry out research on qualitative and

quantitative indicators of corruption in

Ukraine, implementation of the Law of

Ukraine “On Principles of State Anti-

corruption Policy of Ukraine (Anti-

corruption Strategy) for 2014-2017” and the

state programme related to fulfillment of

this Law

2. Draft a new anti-corruption strategy and

organize wide public discussion and

international expert assessment of this

document

3. Ensure adoption of new anti-corruption

strategy by Verkhovna Rada of Ukraine

June 2017

September 2017

December 2017

NAPC

NAPC

NAPC

analytical report

with results of

research

draft of anti-

corruption strategy

submitted for

review of the

Cabinet of

Ministers of

Ukraine

new anti-

corruption strategy

is approved

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

4. Establishing new forms of

cooperation with the public on

development and monitoring of

state anti-corruption policy

1. Agree upon joint memorandum with the

public on partnership principles in the area

of anti-corruption and ensure its

implementation

October 2015 NAPC joint memorandum

with the public on

partnership

principles in the

area of anti-

corruption is

agreed upon, civic

council at the

NAPC positively

assess the level of

its implementation

when approving

annual report of

the NAPC

within the funds

of state budget

and funds of

international

technical aid

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II. Preventing corruption

Goal

To develop an efficient system of preventing corruption

Indicator

All corruption prevention instruments stipulated by the Law of Ukraine “On Preventing Corruption” are implemented; respective recommendations on preventing

corruption issued by the Group of States against Corruption (GRECO) upon the results of assessment and by the Anti-Corruption Network of Organization for

economic cooperation and development (OECD) upon the results of second monitoring round are implemented

Prevention of corruption in the legislature

1. Creating transparent grounds of

financing the elections, activities of

political parties

1. To ensure the implementation of

GRECO recommendations in terms of

establishing limitations and strengthening

the transparency and accountability of

financing political parties and electoral

processes, introducing direct financing of

political parties by the state, and

respectively:

- develop the respective draft law

- organize expert assessment of the draft

law by the Council of Europe

- organize public discussion or the draft

March 2015

April – May 2015

June-July 2015

MoJ, Ministry of

Finance, Audit

Chamber (upon

consent), Central

Election

Commission

(upon consent)

MoJ, MFA

MoJ, Ministry of

draft law is

developed

expert conclusion

of the Council of

Europe

draft law is

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

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law and fine-tune it

- carry out a an awareness raising

campaign aimed at promoting wide

support to the draft law among

members of Parliament and the society

at large

- ensure adoption of the law by

Verkhovna Rada of Ukraine

- approve action plan on adequate

implementation of the law, with

engagement of political parties and

public representatives, and

respectively:

submit draft action plan for

consideration to the Cabinet of

Ministers of Ukraine

August –

December 2015

August –

December 2015

March 2016

February 2016

Finance, Audit

Chamber (upon

consent)

MoJ

MoJ, Ministry of

Finance

Cabinet of

Ministers of

Ukraine

MoJ, Ministry of

Finance, Audit

Chamber (upon

consent)

submitted for

consideration to

the Cabinet of

Ministers of

Ukraine

the majority of

MPs support the

draft law

law is approved

action plan

approved

draft action plan

submitted to the

Cabinet of

Ministers of

Ukraine

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

2. Removing corruption-

generating factors in activities of

legislative authorities

1. To review election law in line with the

conclusions on its corruption risks and

European standards, and respectively:

- carry out anti-corruption expert

assessment of laws regulating the election

processes in Ukraine (with engagement of

the public and experts of the Council of

Europe and other international

organizations)

December 2015

MoJ, NAPC,

Central Election

Commission

(upon consent)

conclusions upon

the results of

expert assessment

within the funds

of state budget

and funds of

international

technical aid

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- develop draft law on amending the laws

regulating the election processes in

Ukraine and ensure its public discussion

and expert assessment by international

organizations, submit it for consideration

to the Government

- carry out an awareness-raising campaign

aimed at promoting wide support to the

draft law among members of Parliament

and the society at large

- ensure adoption of law by Verkhovna

Rada of Ukraine

- approve action plan on adequate

implementation of the law, with

engagement of political parties and civic

representatives, and respectively:

- submit the draft action plan for

consideration to the Government

June 2016

Sept-Dec 2016

Sept-Dec 2016

.

March 2017

February 2017

MoJ, NAPC,

Central Election

Commission

(upon consent)

MoJ

MoJ

Cabinet of

Ministers of

Ukraine

MoJ

draft law

submitted to the

Cabinet of

Ministers of

Ukraine

the majority of

MPs support the

draft law

law is approved

action plan

approved

draft action plan

submitted to the

Cabinet of

Ministers of

Ukraine

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

within the funds

of state budget

within the funds

of state budget

and funds of

international

technical aid

3. Creating efficient mechanisms

to prevent, identify and regulate

conflict of interest in the activity

of members of Parliament and of

local councils

1. Ensure efficient implementation of

legislation regarding conflict of interest in

the activity of members of Parliament and

of local councils, and respectively:

2016

members of

Parliament and of

local councils are

aware of new

legislative

provisions

regarding conflict

of interest; the law

is applied

adequately based

on assessment

carried out by

independent NGOs

within the funds

of state budget

and funds of

international

technical aid

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- develop technical guidelines on the

conflict of interest in the activity of

members of Parliament and of local

councils

- carry out an awareness raising campaign

in order to increase knowledge of new

legislation as pertinent to the conflict of

interest for:

members of Parliament

members of local councils

- analyze application of provisions on

conflict of interest of the Law “On

Preventing Corruption” and laws governing

the status and activity of members of

Parliament and of local councils

- submit the draft law pursuant to the results

of analysis and public discussion for

consideration to the Cabinet of Ministers of

Ukraine

April 2015

May – June 2015

September –

December 2015

June 2016

August 2016

MoJ

MoJ together

with line

Committees of

Verkhovna Rada

of Ukraine (upon

consent)

NAPC, MoJ

MoJ,

NAPC

MoJ,

NAPC,

technical

guidelines

members of

Parliament are

aware of the new

legislation

members of local

councils are aware

of the new

legislation

(according to

survey – not less

than two thirds)

analytical report

draft law is

submitted to the

Cabinet of

Ministers of

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

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- ensure adoption of the law by Verkhovna

Rada of Ukraine

December 2016

MoJ

Ukraine

law is approved

within the funds

of state budget

4. Creating transparent grounds for

lobbying

1. Adopt legislation on lobbying, and for

this:

- - analyze the application of similar

legislation in other countries

- - carry out a survey on corruption

component of lobbying in Ukraine, its

most risky forms and prevalence of such

practice

-

-

- - develop a draft law to govern the

lobbying procedure, set up control and

responsibility mechanisms, carry out its

public discussion and organize expert

assessment by international organizations

-

- - ensure adoption of the law by Verkhovna

Rada of Ukraine

-

December 2017

December 2016

December 2016

August 2017

December 2017

MoJ, NAPC

MoJ, NAPC

MoJ,

NAPC

MoJ,

NAPC

laws and by-laws

are adopted

analytical report

with

recommendations

analytical report

with

recommendations

draft law is

submitted to the

Cabinet of

Ministers of

Ukraine

law is approved

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

5. Strengthening civic control over

the decisions made by elected

officials – in particular, through

the mechanism of ex-ante civic

discussion of socially-important

decisions using positive national

experience and international best

practices

1. Adopt the legislation on public

discussion of socially-important decisions

(public consultations). To accomplish this:

- analyze application of similar legislation

December 2015

April 2015

MoJ,

new legislation on

public

consultations

during the

adoption of

socially-important

decisions

analytical report

within the funds

of state budget

and funds of

international

technical aid

within the funds

Page 16: Draft Anticorruption Programme

16

in other countries

- - develop the draft law, carry out its public

discussion and organize expert assessment

by international organizations

- - ensure the adoption of law by Verkhovna

Rada of Ukraine and adopt necessary by-

laws

2. Develop legislative tools enabling

electronic consultations between

authorities and the public on development

of the respective policy or discussion of

decisions, and enabling citizens to

contribute to decision-making and policy

development through modern ICT, and, to

this end:

- develop a concept note on legislative

amendments regarding electronic

consultations between authorities and

public and citizen’s contribution to

decision-making and policy development

through ICT

- carry out public discussion of the concept

note

- develop draft legal acts / regulations

necessary for enabling electronic

August 2015

December 2015

March 2016

May 2015

June 2015

.

October 2015

Ministry of

Regional

Development

MoJ,

Ministry of

Regional

Development

MoJ,

Ministry of

Regional

Development

Ministry of

Regional

Development

Ministry of

Regional

Development

Ministry of

Regional

Development

Ministry of

Regional

with

recommendations

draft law is

submitted to the

Cabinet of

Ministers of

Ukraine

the law and by-

laws are adopted

necessary laws are

adopted

draft of the

concept note

draft legal acts /

regulations are

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

Page 17: Draft Anticorruption Programme

17

consultations between authorities and

public and enabling citizens’ contribution

to decision-making and policy

development through ICT, organize public

discussion of draft legal acts / regulations

- ensure adoption of the respective legal

acts / regulations

March 2016

Development

Ministry of

Regional

Development

submitted to the

Cabinet of

Ministers of

Ukraine

legal acts /

regulations are

adopted

and funds of

international

technical aid

within the funds

of state budget

6. Increase transparency of

Verkhovna Rada of Ukraine and

local councils’ operations

.

1. Ensure the adoption of legislation on

increasing the transparency in activity of

Verkhovna Rada of Ukraine and of local

councils, in particular through application

of the provisions on providing citizens with

access to meetings of the elected bodies,

publishing information about the activity

of Committees of Verkhovna Rada of

Ukraine and of local councils (in

particular, minutes of meetings),

publishing information about members of

Parliament and of local councils in the

Internet (about financing their activity,

business trips, assistants, declarations on

income, property and financial obligations,

etc.), ensuring unrestricted access to

information about budgets of elected

bodies and reports on their delivery.

With this aim, take actions to contribute to

adoption of the Law on Ukraine “On

Amending Certain Laws of Ukraine on

Ensuring Transparency and Access to

Information about Activity of Verkhovna

Rada of Ukraine, its Committees and

members of Parliament (registration #

1591 of 23 Dec 2014), in particular:

- produce awareness-raising materials to

explain provisions of the draft law

June 2015

March 2015

MoJ

MoJ

law is adopted

informational

materials

within the funds

of state budget

and funds of

international

technical aid

within the funds

of state budget

and funds of

Page 18: Draft Anticorruption Programme

18

- carry out an awareness raising campaign

on the need to adopt the draft law,

including round tables with participation of

international experts

March – June 2015

MoJ together

with members of

Parliament who

authored the

draft law and line

Committees of

the Parliament

(upon consent)

communication

events conducted

international

technical aid

within the funds

of state budget

and funds of

international

technical aid

Creating an integrity-based public service

1. To reform civil service and

service in local self-government

bodies

1. Ensure adoption of new drafts of Laws

of Ukraine “On Civil Service”, “On

Service in Local Self-Government

Bodies” and their practical application. To

this end:

- submit new drafts of Laws of Ukraine

“On Civil Service”, “On Service in Local

Self-Government Bodies” for

consideration to Verkhovna Rada of

Ukraine

- ensure adoption of new drafts of these

Laws

- develop an action plan to implement the

December 2015

March 2015

May 2015

May 2015

Cabinet of

Ministers of

Ukraine,

National State

Service Agency,

MoJ,

Ministry of

Regional

Development

Cabinet of

Ministers of

Ukraine

National State

Service Agency,

MoJ,

Ministry of

Regional

Development

National State

new laws adopted

and practically

implemented

draft laws

registered in

Verkhovna Rada

of Ukraine

laws are adopted

draft action plan

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

within the

Page 19: Draft Anticorruption Programme

19

laws

- approve the action plan to implement the

laws

June 2015

Service Agency,

MoJ,

Ministry of

Regional

Development

Cabinet of

Ministers of

Ukraine

is submitted to the

Cabinet of

Ministers of

Ukraine

action plan is

approved

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

2. Introduce an efficient system to

detect, prevent and settle conflict of

interest

1. Develop technical guidelines to detect,

prevent and settle conflict of interest

2. Carry out survey on problems of

practical application of legislation and

develop proposals on amending legislation

or on technical guidelines to detect,

prevent and settle conflict of interest

3. Develop and introduce a mechanism of

monitoring of how persons authorized to

perform the duties of state or local self-

government authorities comply with the

respective provisions after terminating

these duties

August 2015

March 2016, March

2017

December 2015

NAPC

NAPC

NAPC

technical

guidelines

approved

analytical reports,

proposals on

amending

legislation or on

technical

guidelines to

detect, prevent

and settle the

conflict of interest

NAPC approved

the respective

legal act /

regulation

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

3. Creating an efficient system of

financial control

1. Ensure the creation and maintenance of:

- page at the official NAPC web-site

enabling persons authorized to perform

the duties of state or local self-government

to submit their declarations electronically

(fill it in at the web-site of NAPC)

August 2015

NAPC

there is a

possibility to

submit

declaration

electronically (fill

within the

funds of state

budget and

funds of

international

Page 20: Draft Anticorruption Programme

20

- Unified state registry of declarations of

persons authorized to perform the duties

of state or local self-government

2. Approve:

- template of a declaration of a person

authorized to perform the duties of state or

local self-government

- procedure of control and verification of

declaration of a person authorized to

perform the duties of state or local self-

government

- procedure of informing the NAPC on

opening of a foreign currency account in a

non-resident bank institution, and on

significant changes of property status of a

person authorized to perform the duties of

state or local self-government

- procedure of lifestyle monitoring

regarding persons authorized to perform

the duties of state or local self-government

- technical recommendations on

implementation of the Law “On

September 2015

August 2015

August 2015

August 2015

August 2015

September 2015

NAPC

NAPC

NAPC

NAPC

NAPC

NAPC

it in at the web-

site of NAPC)

Unified state

registry is

functional

template of

declaration is

approved

procedure of

control and

verification is

approved

procedure of

informing is

approved

procedure of

monitoring is

approved

technical

guidelines

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

Page 21: Draft Anticorruption Programme

21

Preventing Corruption” in terms of

collecting declarations of persons

authorized to perform the duties of state or

local self-government

4. Ensure the dissemination of technical

guidelines among persons authorized to

perform the duties of state or local self-

government, in particular through

uploading them at web-pages of state

authorities and local self-government

bodies, provide for opportunities for

online consultations on the procedure of

submission and filling in the declarations

4. Carry out an awareness raising

campaign on new procedure of submitting

the declaration of a person authorized to

perform the duties of state or local self-

government

5. Based on the analysis of international

experience and application of the Law

“On Preventing Corruption”, develop

proposals on the need to create a nation-

wide database of persons who are to

submit a declaration as those who are

authorized to perform the duties of state or

local self-government

September 2015

September – October

2015

March 2016

NAPC

NAPC,

State TV and

Radio

Broadcasting

Committee

NAPC, National

State Service

Agency

approved

technical

guidelines

uploaded at web-

pages of the

NAPC, state

authorities and

local self-

government

bodies, there is a

possibility to

provide online

consultations on

the procedure of

submission and

filling in the

declarations

communication

events carried out,

nation-wide and

regional mass

media outlets are

engaged into them

analytical report,

proposals

submitted to the

Cabinet of

Ministers of

Ukraine

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

Page 22: Draft Anticorruption Programme

22

4. Introduction of mechanisms to

ensure that persons authorized to

perform the duties of state or local

self-government observe ethical

standards

1. Approve general rules of conduct of

public servants and officials of local self-

government bodies

2. Produce technical guidelines on

development of industry codes or

professional ethical conduct standards

December 2015

December 2015

NAPC

NAPC

act / regulation of

the NAPC is

adopted

technical

guidelines are

approved

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

5. Carrying out integrity checks of

persons authorized to perform the

duties of state or local self-

government

1. Develop draft concept note on

amendments to legislation on introducing

integrity checks (with due account of

international experience)

2. Carry out public discussion of the

concept note and develop the respective

draft legal act / regulation

3. Ensure the adoption of legal act /

regulation by Verkhovna Rada of Ukraine

July 2015

September 2015

December 2015

MoJ,

NAPC, National

Anti-corruption

Bureau

MoJ,

NAPC, National

Anti-corruption

Bureau

MoJ,

NAPC, National

Anti-corruption

Bureau

draft concept note

is developed

draft act /

regulation is

discussed and

submitted to the

Cabinet of

Ministers of

Ukraine

draft legal act /

regulation is

adopted by

Verkhovna Rada

of Ukraine

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

6. Creating the mechanism to protect

persons who voluntary provide

information about corruption

(whistleblowers / informants)

1. Create a separate page at the web-site

of NAPC to collect reports about

corruption that would contain

informational materials and be able to

provide online consultations on informing

about corruption

2. Develop technical guidelines on

August 2015

September 2015

NAPC

NAPC

the respective

web-page is

available

technical

within the

funds of state

budget and

funds of

international

technical aid

within the

Page 23: Draft Anticorruption Programme

23

working with reports of corruption that the

informants submitted

3. Provide opportunity for informing on

corruption through special phone lines,

official web-sites, electronic means of

communication

4. Carry out day-to-day monitoring of

observance of the law “On Preventing

Corruption” in terms of protecting

informants, take immediate actions for

protecting informants if their rights are

violated, providing them with legal aid

5. Organize regular trainings on working

with informants’ reports about corruption

for authorized units (focal points) on

preventing and detecting corruption

6. Carry out an awareness raising

campaign in order to stimulate informants

to report corruption

7. Study the feasibility to set up a center

for providing legal, psychological and

October 2015

on a rolling basis

on a rolling basis, at

least one per year

As required, based

on the results of

survey, but at least

once per year

December 2015

NAPC, other

state authorities

and local self-

government

bodies

NAPC

NAPC

NAPC, National

Anti-corruption

Bureau

NAPC

guidelines are

approved

NAPC and other

state authorities

and local self-

government

bodies have

mechanisms to

collect

information about

corruption

monthly reports

upon the results

of monitoring and

actions taken,

evaluation of

respective issue

by civic council

of the NAPC

trainings provided

an awareness

raising campaigns

are carried out

proposals

submitted for

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

Page 24: Draft Anticorruption Programme

24

other assistance to informants (at the

NAPC)

8. Carry out a survey on ways to

encourage reporting corruption, strengthen

the protection of informants, develop the

respective legal act / regulation

9. Ensure adoption of a legal act /

regulation on encouraging the reports

about corruption and strengthen the

protection of informants

December 2016

June 2017

NAPC

NAPC, MoJ

consideration to

the Cabinet of

Ministers of

Ukraine

analytical report

with proposals

and draft law

submitted to the

Cabinet of

Ministers of

Ukraine

legal act /

regulation is

adopted

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

7. Ensure that persons authorized to

perform the duties of state or local

self-government are aware of the

legislation on integrity of public

service

1. Produce technical guidelines and

organize tailored trainings for:

- heads of state bodies and local self-

government bodies – on their duties in the

area of preventing corruption

- public servants and officials of local

self-government bodies – on the

provisions of anti-corruption law

2. Provide training, in-service training and

capacity building on preventing corruption

for servants of state authorities, authorities

of the Autonomous Republic of Crimea,

self-government bodies on ongoing basis

July – December

2015

July – December

2015

Annually, in line

with the approved

training, re-training

and capacity building

plans on preventing

NAPC

NAPC, National

State Service

Agency, Ministry

of Regional

Development

NAPC, National

State Service

Agency, Ministry

of Regional

Development

technical

guidelines

produced, 100%

target audience

received training

technical

materials

produced, 100%

target audience

received training

training, re-

training and

capacity building

is provided is line

with the approved

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

Page 25: Draft Anticorruption Programme

25

3. Submit proposals on introducing

electronic tests on preventing corruption

for persons authorized to perform the

duties of state or local self-government

corruption for

servants of state

authorities,

authorities of the

Autonomous

Republic of Crimea,

self-government

bodies

December 2016

NAPC,

Ministry of

Regional

Development

(State agency for

e-government)

plans

proposals

submitted for

consideration to

the Cabinet of

Ministers of

Ukraine

technical aid

within the

funds of state

budget and

funds of

international

technical aid

Preventing corruption in the executive branch operations

1. Mainstreaming a systemic

approach to preventing corruption in

executive authorities and local self-

government bodies based on

analysis of corruption risks

1. Introduce anti-corruption programmes

in executive authorities according to the

Law “On Preventing Corruption”

With this aim:

1) approve:

- policy on assessment of corruption risks

in the activity of executive authorities and

bodies of local self-government and

recommendations on elimination of most

widespread corruption risks

- technical guidelines on development of

anti-corruption programmes and model

anti-corruption programmes of executive

authorities and bodies of local self-

October 2015

October 2015

NAPC

NAPC

policy and

recommendations

are approved

technical

guidelines are

approved

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

Page 26: Draft Anticorruption Programme

26

government

2) ensure approval of anti-corruption

programmes in central and local executive

authorities

3) organize methodological assistance,

including through providing prompt

clarifications of the most widespread

problems that may arise during the

development of anti-corruption

programmes

4) provide trainings on analysis of

corruption risks and development of anti-

corruption programmes for staff of

authorized units (focal points) responsible

for preventing and detecting corruption

5) increase the efficiency of anti-

corruption expert assessment:

- based on the analysis of efficiency of

anti-corruption expert assessment, to

approve new draft of methodology on

carrying out anti-corruption expert

assessment and ensure its regular revision

Annually, by 1

March

on a rolling basis

November –

December 2015

June 2015

September 2015

NAPC, central

and local

executive

authorities

NAPC

NAPC

MoJ

MoJ, NAPC

programmes are

approved in all

executive

authorities

pursuant to the

law

there is an

opportunity to

receive on hand

consultations on

the respective

issues

trainings are

provided, at least

50% of staff

members of 100%

authorities are

covered with

them

curriculum of

special course is

developed

training on

special course

started

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

Page 27: Draft Anticorruption Programme

27

- start a special training course on how to

carry out anti-corruption expert

assessment

6) introduce special training curriculum on

preventing and combatting corruption in

the area of security:

- develop a training curriculum on

preventing and combatting corruption for

the officials of security sector of Ukraine

- produce training materials for the special

course

February 2016

March – April 2016

2015-2016

March 2016

NAPC, National

Academy of

Security of

Ukraine, MoD,

Security Service

of Ukraine, Office

of National

Security and

Defense Council

(upon consent)

NAPC, National

Academy of

Security of

Ukraine, MoD,

Security Service

of Ukraine, Office

of National

Security and

Defense Council

(upon consent)

NAPC, National

Academy of

Security of

Ukraine, MoD,

Security Service

of Ukraine, Office

of National

Security and

Defense Council

(upon consent)

NAPC with

involvement of

other central

executive

authorities

curriculum of a

special course

developed

training materials

produced

Special course

piloted

analytical reports

and proposals are

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

Page 28: Draft Anticorruption Programme

28

- pilot special course;

7) verify the quality of work on preventing

and detecting corruption in the Ministry of

Defense, Ministry of Energy and Coal

Industry, Ministry of Health, Ministry of

Ecology and Natural Resources, Ministry

of Agrarian Policy and Food of Ukraine

8) based on analysis of international

experience of general inspectors, submit

proposals on establishing the positions of

the NAPC focal points in the executive

authorities or state enterprises where the

corruption risks are high

NAPC, MoJ

submitted to the

Cabinet of

Ministers of

Ukraine

proposals

submitted to the

Cabinet of

Ministers of

Ukraine

budget

within the

funds of state

budget and

funds of

international

technical aid

2. Remove reasons for committing

corruption offences when

performing administrative

procedures

1. Ensure adoption and application of laws

on administrative procedure and

administrative fees. To this end:

- submit draft laws “On Administrative

Procedure” and “On Administrative Fee”

for consideration to the Cabinet of

Ministers of Ukraine

- ensure adoption of the Laws “On

Administrative Procedure” and “On

Administrative Fee” by Verkhovna Rada

of Ukraine

October 2015

March 2015

June 2015

MoJ, Ministry of

Economic

Development and

Trade

MoJ, Ministry of

Economic

Development and

Trade

MoJ, Ministry of

Economic

Development and

Trade

laws are adopted,

action plans are

approved and

implemented

draft laws are

submitted to the

Cabinet of

Ministers of

Ukraine

laws are adopted

by Verkhovna

Rada of Ukraine

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

Page 29: Draft Anticorruption Programme

29

- submit an action plan on implementation

of the Laws “On Administrative

Procedure” and “On Administrative Fee”

for consideration to the Cabinet of

Ministers of Ukraine

- ensure adoption of the action plan on

implementation of the Laws “On

Administrative Procedure” and “On

Administrative Fee”

2. Take practical actions for eliminating

corruption risks in the administrative

procedures. Specifically:

- set up integrated transparent offices –

centers for administrative service

provision

- transfer tasks on basic administrative

service provision (in particular,

registration of residence, issuing IDs,

registration of economic entities and title

to real estate, registration of vehicles and

issuing driving licenses) to local self-

government bodies

June-July 2015

July 2015

on a rolling basis

September 2015

MoJ, Ministry of

Economic

Development and

Trade

Cabinet of

Ministers of

Ukraine

Ministry of

Regional

Development,

with involvement

of other central

and local

executive

authorities

Ministry of

Regional

Development,

MoJ, MIA,

Ukrainian State

Registration

Service, with

involvement of

other central and

local executive

authorities

draft action plans

are submitted to

the Cabinet of

Ministers of

Ukraine

action plans are

adopted

network of

integrated

transparent

offices is

established, in

2015 offices are

established in

cities with

>100,000

inhabitants

tasks on basic

administrative

service provision

are transferred to

local self-

government

bodies

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

Page 30: Draft Anticorruption Programme

30

3. Building capacity to counter

corruption at state enterprises and

companies (where the state holds

over 50% of shares)

1. Ensure:

adoption of anti-corruption programmes

and assigning focal points in state

enterprises and companies (where the state

holds over 50% of shares) in accordance

with the Law of Ukraine “On Preventing

Corruption”

provision of technical assistance in

approval of anti-corruption programmes at

state and community enterprises and

companies (where the state holds over

50% of shares)

carrying out verifications (during

inspections of the respective executive

authorities or local self-government

bodies) on how the Law “On Preventing

Corruption” is observed in terms of

approval and implementation of anti-

corruption programmes at state enterprises

and companies (where the state holds over

50% of shares)

2. Apply OECD standards and

recommendations on corporate

management at state enterprises in

Ukraine

With this aim:

- submit proposals regarding an action

plan on mainstreaming OECD standards

and recommendations on corporate

management at state enterprises in

Ukraine for consideration to the Cabinet

of Ministers of Ukraine

- approve the action plan

Annually, by 1 April

on a rolling basis

2016-2017

May 2015

June 2015

Respective central

executive

authorities

NAPC

NAPC, with

involvement of

other central and

local executive

authorities

Ministry of

Economic

Development and

Trade

Cabinet of

programmes are

adopted, focal

points are

assigned

there is a

possibility to

receive on hand

consultations of

the respective

issues

reports on 10-15

verifications of

strategically

important

companies (to be

selected by the

NAPC based on

corruption risks

analysis)

draft action plan

submitted to the

Cabinet of

Ministers of

Ukraine

legal act /

within the

budget of

state

enterprises

and

companies

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

within the

Page 31: Draft Anticorruption Programme

31

- ensure implementation of the action plan

3. Introduce amendments to the legislation

to enable application of provisions of the

Law “On Preventing Corruption”

regarding preventing and settling conflict

of interest and financial control to officials

(servants) of state, community enterprises

and companies (where the state holds over

50% of shares)

With this aim:

analyze international experience, develop

the respective draft law and submit it for

consideration to the Cabinet of Ministers

of Ukraine

ensure adoption of the law by Verkhovna

Rada of Ukraine

According to

timeframe

established by the

action plan, but not

later than 31

December 2017

October 2015

February 2016

Ministers of

Ukraine

Ministry of

Economic

Development and

Trade, other

authorities

pursuant to the

action plan

NAPC, MoJ

NAPC, MoJ

regulation of the

Cabinet of

Ministers of

Ukraine is

adopted

report of the

Ministry of

Economic

Development and

Trade upon the

results of

implementation of

action plan,

alternative reports

of civil society

institutions,

OECD evaluation

(if possible)

draft law

submitted to the

Cabinet of

Ministers of

Ukraine

law is adopted by

Verkhovna Rada

of Ukraine

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

Page 32: Draft Anticorruption Programme

32

Prevention of corruption in the area of public procurement

1. Elimination of corruption-

generating factors in public

procurement procedures

1. Ensure adoption of the Law

“On Amending the Law of

Ukraine “On Public

Procurement” (in terms of

improvement of public

procurement system and

electronic procurement)”

(registration # 1551 of 24 Dec

2014), while taking proposals of

public into consideration

2. Take actions to implement the

Law “On Amending the Law of

Ukraine “On Public

Procurement” (in terms of

improvement of public

procurement system and

electronic procurement)” (after it

is adopted), and respectively:

- submit the respective drafts of

Governmental acts / regulations

for consideration to the Cabinet

of Ministers of Ukraine

- introduce electronic public

procurement

March 2015

April 2015

June 2015

Ministry of

Economic

Development and

Trade

Ministry of

Economic

Development and

Trade, MoJ, Anti-

Monopoly

Committee of

Ukraine

Ministry of

Economic

Development and

Trade

law is adopted by

Verkhovna Rada

of Ukraine

draft legal act /

regulations are

submitted to the

Cabinet of

Ministers of

Ukraine

legislative and

organizational

conditions are set

for electronic

public

procurement

within the

funds of state

budget

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

Page 33: Draft Anticorruption Programme

33

2. Monitor implementation of the

Law “On Amending the Law of

Ukraine “On Public

Procurement” (in terms of

improvement of public

procurement system and

electronic procurement)” (after it

is adopted) by setting up a

working group and inviting

public and private sector to

participate; develop proposals on

the need to amend legislation or

adjust its application

on a rolling basis

Ministry of

Economic

Development and

Trade

working group is

established and

functional; first

monitoring report

and proposals are

produced in one

year after the Law

is adopted

within the

funds of state

budget and

funds of

international

technical aid

Analyze whether national

legislation on public procurement

is in conformity with EU

Directive on public procurement

2014/24/EU and repealing

Directive 2004/18/EC; and

develop draft law on introducing

amendments in order to bring it

in line with the acquis.

March 2016 Ministry of

Economic

Development and

Trade

analytical report

with proposals

and draft law are

submitted to the

Cabinet of

Ministers of

Ukraine

within the

funds of state

budget and

funds of

international

technical aid

Prevention of corruption in the judiciary and criminal justice bodies

1. Eliminating corruption in the

judiciary and criminal justice bodies

1. Develop, adopt and implement

a strategy to reform the justice

sector by 2019 with support of

Project “Support to Justice Sector

Reforms in Ukraine” funded by

the European Union.

With this aim:

- develop a draft strategy to

reform the justice sector by 2019

that would provide for a

coordinated set of measures to

reform judicial system,

April 2015

MoJ, MIA,

МВС,

Council of Judges

of Ukraine (upon

consent),

draft strategy is

developed

within the

funds of state

budget and

the Project

“Support to

Page 34: Draft Anticorruption Programme

34

prosecutor’s office and other

criminal justice authorities,

Ministry of Interior in particular,

improve access to justice

- carry out public discussion of

the draft strategy and submit it

for consideration to the Cabinet

of Ministers of Ukraine

- submit draft strategy for

consideration to the President of

Ukraine

- develop a draft state programme

for implementation of the

strategy to reform the justice

sector by 2019 and submit it for

consideration to the Cabinet of

Ministers of Ukraine.

2. Provide relevant support to

ensure adoption of a new draft of

the Law of Ukraine “On Judicial

System and Status of Judges” and

incorporate all principles

stipulated by the Law “On

Preventing Corruption” (on

May 2015

June 2015

Within two months after the

strategy is approved

June 2015

Prosecutor-

General’s Office

(upon consent)

MoJ

Cabinet of

Ministers of

Ukraine

MoJ

MoJ

draft strategy is

submitted to the

Cabinet of

Ministers of

Ukraine

draft strategy is

submitted to the

President of

Ukraine

draft of state

programme is

approved

the law is

approved by the

Parliament and

aligned with the

Law “On

Preventing

Corruption”

Justice Sector

Reforms in

Ukraine”

funded by the

EU

within the

funds of state

budget

within the

funds of state

budget and

the Project

“Support to

Justice Sector

Reforms in

Ukraine”

funded by the

EU

within the

funds of state

budget and

the Project

“Support to

Justice Sector

Reforms in

Ukraine”

funded by the

EU

within the

funds of state

budget and

funds of

international

technical aid

Page 35: Draft Anticorruption Programme

35

special verification of applicants

to the position of judge, conflict

of interest, rules of ethical

conduct, requirements on

incompatibility of duties,

financial control, etc.), entrusting

a separate body of judicial self-

government with advisory

functions on observance of anti-

corruption requirements

3. Provide regular training on

anti-corruption law for judges

4. Carry out survey on how

judges observe anti-corruption

law and on corruption risks in all

forms of judicial proceedings

On a rolling basis

June 2017

National School

of Judges (upon

consent), NAPC

NAPC, Council

of Judges of

Ukraine (upon

consent)

100% judges

received training

analytical report

upon the results

of survey,

proposals to draft

of new anti-

corruption

strategy and

legislative

amendments

within the

funds of state

budget and

funds of

international

technical aid

Preventing corruption in the private sector

Page 36: Draft Anticorruption Programme

36

1. Implementation of strategy to

combat corruption in the private

sector

1. Approve a model anti-

corruption programme for a legal

entity and methodological

recommendations on preventing

corruption in the private sector

2. Set up a joint working group

of representatives of NAPC and

business to facilitate cooperation

and take the following joint acts /

regulations:

- carry out a campaign to inform

business about the provisions of

new Law “On Preventing

Corruption”

- develop a strategy aimed at

implementation of anti-corruption

standards by the private sector

- disseminate information about

anti-corruption law and practice

of its application

- develop special programmes to

provide entrepreneurs access to

necessary information, in

particular, about administrative

procedures, their rights and

responsibilities, shaping zero

tolerance to corruption,

October 2015

September 2015

November – December 2015

December 2015

on a rolling basis

March 2016

NAPC

NAPC, Business

Ombudsman

NAPC, Business

Ombudsman

NAPC, Business

Ombudsman

NAPC

NAPC, Business

Ombudsman

model programme

and guidelines are

approved

working group is

established

an awareness

raising campaign

is carried out

strategy is

developed

regular

information

sharing events

are conducted

special

information

programmes for

entrepreneurs

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

Page 37: Draft Anticorruption Programme

37

encouraging corruption

whistleblowing

3. Submit proposals on utilization

of the so-called “integrity pacts”,

in particular in infrastructure

projects or other projects with

significant budgetary expenses

through creating trilateral

(government, business, public)

control mechanisms over

planning and implementation of

such projects, targeted and

efficient delivery of the

respective costs

4. Monitor the application of Law

of Ukraine “On Amending

Certain Legal Acts of Ukraine on

Identification of Ultimate

Beneficiaries of Legal Persons

and Public Actors”; submit

proposals on improving

legislation in this area

December 2015

March 2016

NAPC,

Ministry of

Economic

Development and

Trade, Business

Ombudsman

NAPC, MoJ,

Ukrainian State

Registration

Service, State

Service for

Financial

Monitoring

proposals

(including – in

case of need –

draft amendments

to legislation)

submitted to the

Cabinet of

Ministers of

Ukraine

analytical report

upon the results

of monitoring and

draft amendments

to the legislation

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

Simplifying access to information

Page 38: Draft Anticorruption Programme

38

1. Eliminating corruption

opportunities through increasing

the transparency of decision

making and access to information

1. Introducing standards of open

data in Ukraine (when authorities

are mandated to publish data-sets

applicable for further automated

processing, in particular

regarding socially-important

information (information about

public procurement, declarations

of persons authorized to perform

duties of the state or local self-

government, data of the Unified

state registry of legal persons and

individual entrepreneurs, Unified

registry of public property assets,

State registry of TV and radio

broadcasters, etc.):

- submit draft law on amending

certain legal acts of Ukraine on

access to information in form of

open data and re-use of

information for consideration to

the Cabinet of Ministers of

Ukraine

- ensure the adoption of law on

access to information in form of

open data and re-use of

information by the Parliament; in

particular, carry out a round table

in the draft law together with the

line Committee of the Parliament

- submit draft legal act /

regulation stipulating the

March 2015

June 2015

Within two months after the

law on access to information

MoJ, Ministry of

Regional

Development,

State Committee

for TV and Radio

Broadcasting,

State Statistics

Service, State

Service of Special

Communication

MoJ, Ministry of

Regional

Development,

State Committee

for TV and Radio

Broadcasting,

State Statistics

Service, State

Service of Special

Communication

Ministry of

Regional

draft law

submitted to the

Cabinet of

Ministers of

Ukraine

draft law is

adopted

draft act /

regulation is

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

Page 39: Draft Anticorruption Programme

39

principles of disclosure of

governmental data on the Internet

for consideration to the Cabinet

of Ministers of Ukraine

- create unified state web-portal

of open data and ensure its

operation

in form of open data and re-

use of information is adopted

December 2015

Development,

State Committee

for TV and Radio

Broadcasting,

State Statistics

Service, State

Service of Special

Communication

Ministry of

Regional

Development,

State Committee

for TV and Radio

Broadcasting,

State Statistics

Service, State

Service of Special

Communication

submitted to the

Cabinet of

Ministers of

Ukraine

web-portal is

created and

functional

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

2. Take the following actions:

- ensure the adoption of Law “On

Openness of Public Expenditure”

(registration # 2012a of 15 May

2013) by Verkhovna Rada of

Ukraine

- approve the procedure of

administrating unified web-portal

of public expenditure and

identify actors authorized to

administer this web-portal. With

this aim, submit draft legal act /

regulation for consideration to

the Cabinet of Ministers of

Ukraine

- create and ensure operation of

the unified web-portal of public

expenditures

June 2015

July 2015

December 2015

MoJ, Ministry of

Regional

Development

Ministry of

Regional

Development,

Ministry of

Finance, Ministry

of Social Policy,

MoJ

Ministry of

Regional

Development,

the law adopted

by Verkhovna

Rada of Ukraine

draft legal act /

regulation is

submitted to the

Cabinet of

Ministers of

Ukraine

web-portal is

created and

within the

funds of state

budget

within the

funds of state

budget

within the

funds of state

budget

Page 40: Draft Anticorruption Programme

40

Ministry of

Finance, Ministry

of Social Policy,

MoJ

functional

3. Submit for consideration to the

Cabinet of Ministers a draft legal

act / regulation on transparency

of activity of the Cabinet of

Ministers (in particular, through

preliminary publication of draft

decisions of the Cabinet of

Ministers

June 2015 MoJ, Ministry of

Regional

Development

draft legal act /

regulation is

submitted to the

Cabinet of

Ministers of

Ukraine

within the

funds of state

budget

4. Analyze the accessibility of

public registers containing

socially important information,

submit proposals on their

disclosure with due account of

legislative requirements on

personal data protection,

facilitating of expense (including

cost-cutting)

March 2016 Ministry of

Regional

Development,

MoJ, NAPC

proposals on

legislative

amendments

submitted to the

Cabinet of

Ministers of

Ukraine

within the

funds of state

budget

5. Submit for consideration to the

Cabinet of Ministers of Ukraine a

draft law of Ukraine on

disclosing information about

payments to state and local

budgets made by economic

entities authorized to extract

natural resources (using the

reports of Extractive Industries

Transparency Initiative (EITI) as

an example)

September 2015 Ministry of Energy

and Coal Industry

draft law is

submitted to the

Cabinet of

Ministers of

Ukraine

within the

funds of state

budget

6. Ensure Ukraine’s participation

in international transparency

initiatives and implement

standards of international

initiatives, in particular:

Page 41: Draft Anticorruption Programme

41

- publish first report on payments

of companies and governmental

revenue from extractive

industries; publish the respective

reports annually

- Implement standards of

Extractive Industries

Transparency Initiative (EITI)

- implement projects within

CoST Programme (Construction

Sector Transparency Initiative)

- submit proposals on extending

Ukraine’s participation in CoST

initiative to the Cabinet of

Ministers of Ukraine

October 2015 – first report;

annual reports – annually in

October

2016

In line with approved

timeframe

June 2015

Ministry of Energy

and Coal Industry

Ministry of Energy

and Coal Industry

Ministry of

Infrastructure

Ministry of

Infrastructure,

Ministry of

Regional

Development

reports are

published

according to

EITI assessment,

standards are

implemented

positive

assessment of

CoST

proposals are

submitted to the

Cabinet of

Ministers of

Ukraine

within the

funds of state

budget

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget

7. Analyze implementation of the

Law of Ukraine “On Access to

Public Information”, organize

survey on this issue, draft

proposals on legislative

amendments

December 2015 MoJ, Ukrainian

Parliament

Commissioner for

Human Rights

(upon consent),

Supreme

Administrative

Court (upon

consent)

draft legal act /

regulation is

submitted to the

Cabinet of

Ministers of

Ukraine

within the

funds of state

budget and

funds of

international

technical aid

ІІІ. Liability for corruption

Page 42: Draft Anticorruption Programme

42

Goal

Setting up a mechanism to efficiently identify and investigate corruption offences, confiscate property that was subject of criminal activity or

proceeds of crime, and bring persons engaged into corruption offences to liability

Indicator

New legislation is adopted and efficiently implemented, as confirmed by conclusions of GRECO, OECD and the EU

1. Improvement of legislation on

detecting, investigating of

corruption crimes and confiscation

of criminal assets

1. Ensure adoption of legislative

amendments on improving the

regime of special confiscation, in

particular, implement EU

Directive 2014/42/EU of 3 April

2014 on the freezing and

confiscation of instrumentalities

and proceeds of crime in the

European Union, eliminating

collisions in the Criminal Code

of Ukraine on special

confiscation and returning assets

that were subject of criminal

activities or proceeds of crime to

Ukraine:

- submit draft law for

consideration to the Cabinet of

Ministers of Ukraine

- ensure adoption of law by

Verkhovna Rada of Ukraine, in

particular, carry out round table

together with line Committee of

the Parliament

- develop methodological

materials on tracing and detection

of proceeds of corruption-related

crimes, their returning to

Ukraine, international

September 2015

December 2015

December 2015

MoJ, NAPC,

National

Association of

Banks of Ukraine

(upon consent)

MoJ, NAPC,

National

Association of

Banks of Ukraine

(upon consent)

National

Association of

Banks of Ukraine

(upon consent),

Prosecutor

draft law is

submitted to the

Cabinet of

Ministers of

Ukraine

law is adopted

technical

materials are

produced

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

Page 43: Draft Anticorruption Programme

43

cooperation on these issues at

pre-trial stage

2. Approve new rules on efficient

management of assets and

property frozen within the

framework of criminal

proceedings, assign (set up)

special unit (body) for managing

such assets or property:

- submit draft legal act /

regulation for consideration to

the Cabinet of Ministers of

Ukraine

- ensure implementation of the

legal act / regulation, in

particular, launch the operation of

special unit (body) responsible

for managing frozen funds or

property

September 2015

August 2015

November 2015

General’s Office

of Ukraine (upon

consent)

Cabinet of

Ministers of

Ukraine

MoJ, NAPC, MIA,

Ministry of

Finance, National

Association of

Banks of Ukraine

(upon consent)

Cabinet of

Ministers of

Ukraine

legal act /

regulation

approved by the

Cabinet of

Ministers of

Ukraine

draft legal act /

regulation

submitted to the

Cabinet of

Ministers of

Ukraine

legal act /

regulation is

fully

implemented,

special unit

(body) is

functional

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

3. Analyze the implementation of

provisions of Criminal Code and

Criminal Procedure Code on

taking criminal legal actions with

regard to legal persons:

- develop proposals on

improvement of legislation or

practices of its application

June 2015

September 2015

MoJ, National

Association of

Banks of Ukraine

(upon consent),

Prosecutor

General’s Office

of Ukraine (upon

consent)

MoJ, National

Association of

Banks of Ukraine

(upon consent),

analytical report

draft legal act /

regulation or

proposals on

adjusting the

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

Page 44: Draft Anticorruption Programme

44

- develop methodological

materials on taking criminal legal

action with regard to legal

entities

December 2015

Prosecutor

General’s Office

of Ukraine (upon

consent)

MoJ, National

Association of

Banks of Ukraine

(upon consent),

Prosecutor

General’s Office

of Ukraine (upon

consent)

practice of

application of the

law are

developed

technical

guidelines are

developed

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

4. Carry out research on

corruption risks during the

implementation of Criminal Code

and Criminal Procedure Code,

conduct their corruption expert

assessment. Based on the results,

develop a report with proposals

and drafts of the respective legal

act / regulations

March 2016 MoJ, MIA,

National

Association of

Banks of Ukraine

(upon consent),

Prosecutor

General’s Office

of Ukraine (upon

consent)

analytical report

with proposals,

draft

amendments to

legislation

within the

funds of state

budget and

funds of

international

technical aid

2. Improve registration of physical

persons and legal entities brought to

liability for corruption offences

1. Ensure that amendments are

introduced to the Unified state

registry of persons who

committed corruption or

corruption-related offences in

order to keep record of legal

persons, transfer the task of its

maintaining from the MoJ to

NAPC

October 2016 MoJ, NAPC Unified state

registry is

functional,

NAPC maintains

it

within the

funds of state

budget and

funds of

international

technical aid

IV. Shaping negative attitudes to corruption

Goal

To shape zero tolerance to corruption in the society

Indicator Increase the percentage of persons who do not see corruption as a way to solve a problem, voluntarily report corruption offences, decrease in

Page 45: Draft Anticorruption Programme

45

percentage of persons having corruption experience (baseline set in 2015)

1. Changing public ideas about

corruption

1. Carry out social poll survey in

2015, 2016 and 2017 in order to

see the changing attitudes to

corruption

Annually in March 2015 – MoJ, later

– NAPC

analytical reports

with survey

results and

proposals

within the

funds of state

budget and

funds of

international

technical aid

2. Approve the action plan

targeting various social and age

groups and aimed at

comprehensive solution of the

problem of tolerant public

attitude to corruption (in

cooperation with civil society

institutions)

September 2015 NAPC action plan is

approved and

implemented

within the

funds of state

budget and

funds of

international

technical aid

3. Organize:

- regular information campaigns

aimed at shaping public non-

tolerance to corruption as a way

to solve the problem

on a rolling basis

NAPC

actions are

conducted within

the framework of

campaign

within the

funds of state

budget and

funds of

international

technical aid

- set of actions aimed at raising

legal awareness of public, in

particular with regard to citizens’

awareness of their rights and

freedoms, mechanisms to enjoy

them and legal means of

protection

on a rolling basis MoJ set of actions is

carried out

within the

funds of state

budget and

funds of

international

technical aid

- clarification of the most

important anti-corruption actions

implemented in the country,

legislative provisions on

preventing and combatting

corruption, in particular in terms

on a rolling basis

NAPC, MoJ,

State TV and

Radio

Broadcasting

Committee,

National

public actions,

messages in mass

media, easy-to-

understand

informational

materials on anti-

within the

funds of state

budget and

funds of

international

technical aid

Page 46: Draft Anticorruption Programme

46

of types and forms of corrupt

conduct, models of proper

conduct in situations with

possible corruption risks

Association of

Banks of Ukraine

(upon consent)

corruption law for

public are

developed and

disseminated

- series of actions aimed at

encouraging reports about

corruption offences to specially

authorized actors in the area of

combatting corruption

annually

National

Association of

Banks of Ukraine

(upon consent),

materials are

produced,

awareness-raising

actions

undertaken

within the

funds of state

budget and

funds of

international

technical aid

4. Mainstream a special course on

combatting corruption, its

dangers and liability for

corruption in training curricula of

secondary schools:

- carry out survey: at what age

and to what extent students of

secondary schools should receive

information about corruption in

their curricula

- develop technical materials for a

special course for secondary

education professionals

- carry out trainings for secondary

education professionals on anti-

corruption legislation

- start teaching a special course

on prevention / combatting

May 2015

September 2015

September – December 2015

Starting from January 2016

Ministry of

Education and

Science, MoJ

Ministry of

Education and

Science, MoJ

Ministry of

Education and

Science, NAPC

Ministry of

Education and

analytical report

and proposals

technical

materials are

developed

teachers who will

teach special

course received

training

teaching special

course started

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

budget and

funds of

international

technical aid

within the

funds of state

Page 47: Draft Anticorruption Programme

47

corruption in secondary schools

Science

budget and

funds of

international

technical aid

Total for the

Programme

Including State budget

Local budgets

Other sources