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 Annual breakdown amount of 2015 2016 2017 funds to fulfill the objective, UAH mln.
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 abovementioned 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 Anticorruption 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”;
January 2015
MoJ
the law is adopted within the funds of state budget
2)
Approve the Regulation on competition for selection of members of the NAPC and Operating procedures for the selection;
January 2015
Cabinet of Ministers of Ukraine
act / regulations of within the funds the Cabinet of of state budget Ministers of Ukraine adopted
3)
Ensure the approval of composition of Commission for selection of the NAPC members
February 2015
Cabinet of Ministers of Ukraine
the Cabinet of within the funds Ministers of of state budget Ukraine adopts an act / regulation on the composition of Commission
1
4)
Ensure that the competition for Feb – March 2015 Secretariat of the selection of members of the NAPC Cabinet of takes place and Ministers of Ukraine
the selection is within the funds completed, of state budget proposals on candidacies provided to the Prime-Minister of Ukraine
that the candidates selected by the Commission are appointed members of the NAPC
March – April 2015
Cabinet of Ministers of Ukraine
composition of the within the funds NAPC is approved of state budget
Adopt the act / regulation of the Cabinet of Ministers of Ukraine on establishment of the NAPC, and, in order to achieve this
March 2015
Cabinet of Ministers of Ukraine
the Cabinet of within the funds Ministers of of state budget Ukraine adopts the act / regulation on establishment of the NAPC
submit the draft of the respective act / regulation for consideration to the Government
March 2015
MoJ
draft act / within the funds regulation is of state budget submitted to the Cabinet of Ministers of Ukraine
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”
April 2015
NAPC
the respective within the funds decisions of the of state budget NAPC are adopted
7)
Ensure state registration of the NAPC;
1 May 2015.
5)
NAPC, State registration Within the funds Ukrainian State of the NAPC is of state budget 2
Registration Service for April – May 2015
8)
Provide adequate conditions NAPC operations, including
-
table a draft act / regulation on allocation of adequate premises to NAPC before the Cabinet of Ministers
April 2015
Fund of State draft act / within the funds Property of regulation is tabled of state budget Ukraine, Kyiv before the Cabinet city state of Ministers of administration, Ukraine NAPC
-
table a draft act / regulation on allocation of automotive transport for NAPC
April 2015
Ministry of Finance, NAPC
draft act / within the funds regulation is of state budget furnished to the Cabinet of Ministers of Ukraine
9)
Approve the maximum number of office staff of NAPC, and respectively:
May 2015
Cabinet of Ministers of Ukraine
Act / regulation of within the funds the Cabinet of of state budget Ministers of Ukraine
-
table a draft act / regulation on approval of maximum number of office staff for consideration before the Government
15 May 2015
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
May 2015
Cabinet of Ministers of Ukraine
completed
NAPC is provided within the funds with adequate of state budget premises and and funds of vehicles international financial aid
NAPC, Ministry draft act / within the funds of Finance regulation is tabled of state budget before the Cabinet of Ministers of Ukraine
Cabinet of Ministers of Ukraine
respective act / within the funds regulations of the of state budget Cabinet of Ministers of Ukraine 3
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 Secretariat necessary NAPC operations
By 15 May 2015 NAPC, Ministry draft of respective within the funds of Finance, act / regulation of state budget Ministry of Social Policy, National State Service Agency
the NAPC By 15 July 2015 for starting
12) Create the official NAPC web-page
by 15 July 2015
NAPC
NAPC
13) Organize trainings for staff of the NAPC Secretariat (not fewer than 2-3 days in duration)
15 July 2015
14) Establish a civic council for NAPC, and respectively:
June 2015
Cabinet of Ministers of Ukraine
March 2015
MoJ
March 2015
Cabinet of
submit the draft act / regulation on competitive selection of civic council members for consideration to the Government
at least 50% of staff of NAPC Secretariat are recruited
within the funds of state budget and funds of international financial aid
web-page of the within the funds NAPC functional of state budget and funds of international financial aid
NAPC, MoJ, all staff of the within the funds National State NAPC Secretariat of state budget Service Agency received training act / regulation of within the funds the Cabinet of of state budget Ministers of Ukraine on establishment of the civic council draft of the respective act / regulation
within the funds of state budget
within the funds 4
adopt an act / regulation on competitive selection of civic council members
Ministers of Ukraine
the respective act / of state budget regulation of the Cabinet of Ministers of Ukraine
ensure the organization of competitive March – May 2015 Secretariat of the competitive within the funds selection of civic council members Cabinet of selection of state budget Ministers of organized, Ukraine proposals on the composition of civic council provided to the Government adopt the act / regulation of the Cabinet of Ministers of Ukraine on the composition of civic council at the NAPC
June 2015
15) Adopt the act / regulation of the By 1 August 2015 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
Cabinet of Ministers of Ukraine
composition of the within the funds civic council is of state budget approved
Cabinet of Ministers of Ukraine
the respective act / within the funds regulation of the of state budget Cabinet of Ministers of Ukraine
By 1 December NAPC, inter-agency within the funds 2015 respective central agreements on of state budget executive access of NAPC to authorities databases and state registries are signed By 1 January 2016.
NAPC, access of NAPC to within the funds respective central databases and state of state budget executive registries is authorities provided
5
2. Ensure that the NAPC performs all its functions in the area of state anticorruption policy: 1) Ensure high capacity of staff of the 1st stage – 2015, NAPC Secretariat to adequately then – on a rolling perform its tasks, in particular: basis
NAPC
90-95% staff within the funds members are of state budget recruited, every and funds of member received international relevant training technical aid
recruit at least 90% of staff of the By 1 January 2015 NAPC Secretariat
NAPC
at least 90% of within the funds staff members are of state budget hired
introduce a training system for By 1 January 2015 individuals who are recruited by the NAPC Secretariat
NAPC
training system is within the funds functional in line of state budget with the NAPC act and funds of / regulation international technical aid
conduct at least two training sessions per year for every NAPC staff member
NAPC
at least 2 training within the funds sessions per year of state budget and funds of international technical aid
NAPC, MFA
50% of staff are within the funds covered with of state budget training activities and funds of in 2015, 25% in international 2016 and 25% in technical aid 2017
Twice a year in line with the NAPC schedule
organize internships, study visits of on a rolling basis 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:
December 2015
NAPC, other existing authorized within the funds central and local units (focal points) of state budget executive bodies in bodies that and funds of adopt antiinternational corruption technical aid programmes. According to the 6
NAPC report, they have capacity to ensure implementation of the Law “On Preventing Corruption”
-
analyze the activity of authorized units (focal points) and, based on this analysis:
-
develop a draft act / regulation on November 2015 strengthening their role in line with the Law “On Preventing Corruption”
NAPC
draft act / regulation on amending the legislation
within the funds of state budget
-
approve methodological November 2015 recommendations to be used by authorized units (focal points)
NAPC
technical guidelines approved
within the funds of state budget
-
conduct trainings for staff members of Two trainings in NAPC, other authorized units (focal points) – at Sept and Dec central and local least twice per year 2015; in 2016 and executive bodies 2017 – in line with schedules to be approved by the NAPC
3) Ensure effective implementation of the Law “On Preventing Corruption”, in particular:
October 2015
December 2016
NAPC, other report is developed within the funds central and local based on results of of state budget executive bodies analysis
trainings are within the funds conducted (at least of state budget two training and funds of sessions in 2015, international 2016 and 2017), technical aid with at least 50% staff members of authorized units (focal points) taking part in them
NAPC with Law “On within the funds stakeholders: Preventing of state budget executive Corruption” is and funds of authorities, adjusted to respond international Supreme Court to problems technical aid of Ukraine (upon identified during 7
consent), monitoring of its Prosecutorapplication General’s Office (upon consent) -
establish a working group composed September 2015 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
NAPC and the working group is within the funds respective set up, first of state budget working group meeting conducted, and funds of priorities and international group action plan technical aid are produced
-
analyze implementation of the Law
September 2016
NAPC and the respective working group
-
develop a draft law on amending the Law “On Preventing Corruption” and other laws in order to improve regulations therein
December 2016
NAPC and the draft amendments within the funds respective to the legislation of state budget working group are developed, and funds of discussed and international submitted to technical aid Verkhovna Rada of Ukraine
analytical report 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:
1 March 2015
Cabinet of Ministers of Ukraine
the respective act / within the funds regulation of the of state budget Cabinet of Ministers of Ukraine
submit for consideration to the Government a draft act / regulation on delegating representatives of the Government to the National Council
By 20 February 2015
MoJ
draft act / within the funds regulation is of state budget submitted to the Cabinet of Ministers of 8
2)
2. Developing tools for collecting reliable information on qualitative and quantitative indicators of corruption
Inform the President about Government’s delegates to National Council and furnish proposals on activity of National Council
the By 1 March 2015 the the the
Cabinet of Ministers of Ukraine
Ukraine the Government within the funds provided the of state budget respective information to the President of Ukraine
December 2015
Cabinet of Ministers of Ukraine
Methodology within the funds approved by the of state budget decision of the and funds of Government, its international draft piloted technical aid
August 2015
NAPC
Sept-Oct 2015
NAPC
analytical report within the funds upon the results of of state budget the assessment and funds of international technical aid
submit the fine-tuned methodology November 2015 for consideration to the Cabinet of Ministers of Ukraine
NAPC
draft act / within the funds regulation of state budget submitted for consideration to the Government
2. Organize annual assessments of the Annually during corruption level using the nation-wide Jan-Feb methodology to assess the level of corruption in line with UN standards, approved by the Cabinet of Ministers of Ukraine
NAPC
annual analytical within the funds reports on of state budget corruption levels and funds of international technical aid
3. Organize research or commission Annually, research on corruption problems in the according to the
NAPC
analytical reports within the funds upon the results of of state budget
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
.
draft policy
within the funds of state budget and funds of international technical aid
9
most corruption-affected areas
3. Developing the corruption strategy
new
anti- 1. Carry out research on qualitative and quantitative indicators of corruption in Ukraine, implementation of the Law of Ukraine “On Principles of State Anticorruption Policy of Ukraine (Anticorruption Strategy) for 2014-2017� and the state programme related to fulfillment of this Law
4. Establishing new forms of cooperation with the public on development and monitoring of state anti-corruption policy
NAPC action plan
June 2017
research and proposals on legislative amendments
and funds of international technical aid
NAPC
analytical report within the funds with results of of state budget research and funds of international technical aid
2. Draft a new anti-corruption strategy and September 2017 organize wide public discussion and international expert assessment of this document
NAPC
draft of antiwithin the funds corruption strategy of state budget submitted for and funds of review of the international Cabinet of technical aid Ministers of Ukraine
3. Ensure adoption of new anti-corruption strategy by Verkhovna Rada of Ukraine
December 2017
NAPC
1. Agree upon joint memorandum with the public on partnership principles in the area of anti-corruption and ensure its implementation
October 2015
NAPC
new antiwithin the funds corruption strategy of state budget is approved and funds of international technical aid joint memorandum within the funds with the public on of state budget partnership and funds of principles in the international area of antitechnical aid corruption is agreed upon, civic council at the NAPC positively assess the level of its implementation when approving annual report of the NAPC 10
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 1. To ensure the implementation of financing the elections, activities of GRECO recommendations in terms of political parties 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
March 2015
-
organize expert assessment of the draft April – May 2015 law by the Council of Europe
-
organize public discussion or the draft
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
within the funds of state budget and funds of international technical aid
expert conclusion within the funds of the Council of of state budget Europe and funds of international technical aid draft law is
within the funds 11
law and fine-tune it
Finance, Audit Chamber (upon consent)
-
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 Verkhovna Rada of Ukraine
by
August – December 2015
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
2. Removing corruptiongenerating factors in activities of legislative authorities
Cabinet of Ministers of Ukraine
of state budget and funds of international technical aid
the majority of within the funds MPs support the of state budget draft law and funds of international technical aid
August – MoJ, Ministry of law is approved December 2015 Finance
March 2016 -
MoJ
submitted for consideration to the Cabinet of Ministers of Ukraine
action plan 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
February 2016
MoJ, Ministry of draft action plan within the funds Finance, Audit submitted to the of state budget Chamber (upon Cabinet of consent) Ministers of Ukraine
December 2015
MoJ, NAPC, conclusions upon within the funds Central Election the results of of state budget Commission expert assessment and funds of (upon consent) international technical aid
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)
12
- 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
June 2016
- carry out an awareness-raising campaign aimed at promoting wide support to the draft law among members of Parliament and the society at large
Sept-Dec 2016
MoJ
the majority of within the funds MPs support the of state budget draft law and funds of international technical aid
- ensure adoption of law by Verkhovna Rada of Ukraine
Sept-Dec 2016 .
MoJ
law is approved
within the funds of state budget
- approve action plan on adequate implementation of the law, with engagement of political parties and civic representatives, and respectively:
March 2017
Cabinet of Ministers of Ukraine
action plan approved
within the funds of state budget
February 2017
MoJ
-
3. Creating efficient mechanisms to prevent, identify and regulate conflict of interest in the activity of members of Parliament and of local councils
submit the draft action plan for consideration to the Government
1. Ensure efficient implementation of legislation regarding conflict of interest in the activity of members of Parliament and of local councils, and respectively:
2016
MoJ, NAPC, draft law Central Election submitted to the Commission Cabinet of (upon consent) Ministers of Ukraine
within the funds of state budget and funds of international technical aid
draft action plan within the funds submitted to the of state budget Cabinet of and funds of Ministers of international Ukraine technical aid members of within the funds Parliament and of of state budget local councils are and funds of aware of new international legislative technical aid provisions regarding conflict of interest; the law is applied adequately based on assessment carried out by independent NGOs 13
- develop technical guidelines on the conflict of interest in the activity of members of Parliament and of local councils
April 2015
MoJ
technical guidelines
within the funds of state budget and funds of international technical aid
- 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
May – June 2015
MoJ together members of within the funds with line Parliament are of state budget Committees of aware of the new and funds of Verkhovna Rada legislation international of Ukraine (upon technical aid consent)
members of local councils September – December 2015
NAPC, MoJ
members of local councils are aware within the funds of the new of state budget legislation and funds of (according to international survey – not less technical aid than two thirds)
- 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
June 2016
MoJ, NAPC
analytical report within the funds of state budget and funds of international technical aid
- submit the draft law pursuant to the results of analysis and public discussion for consideration to the Cabinet of Ministers of Ukraine
August 2016
MoJ, NAPC,
draft law is submitted to the Cabinet of Ministers of
within the funds of state budget
14
Ukraine - ensure adoption of the law by Verkhovna December 2016 Rada of Ukraine 4. Creating transparent grounds for 1. Adopt legislation on lobbying, and for lobbying this:
MoJ
December 2017
law is approved
within the funds of state budget
laws and by-laws within the funds are adopted of state budget and funds of international technical aid
-
- analyze the application of similar legislation in other countries
December 2016
MoJ, NAPC
analytical report within the funds with of state budget recommendations and funds of international technical aid
-
- carry out a survey on corruption component of lobbying in Ukraine, its most risky forms and prevalence of such practice
December 2016
MoJ, NAPC
analytical report within the funds with of state budget recommendations and funds of international technical aid
- 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
August 2017
MoJ, NAPC
draft law is submitted to the Cabinet of Ministers of Ukraine
within the funds of state budget and funds of international technical aid
- ensure adoption of the law by Verkhovna Rada of Ukraine
December 2017
MoJ, NAPC
law is approved
within the funds of state budget
-
-
5. Strengthening civic control over 1. Adopt the legislation on public the decisions made by elected discussion of socially-important decisions officials – in particular, through (public consultations). To accomplish this: the mechanism of ex-ante civic discussion of socially-important decisions using positive national experience and international best practices - analyze application of similar legislation
December 2015
April 2015
new legislation on within the funds public of state budget consultations and funds of during the international adoption of technical aid socially-important decisions MoJ,
analytical report within the funds 15
in other countries
Ministry of Regional Development
with of state budget recommendations and funds of international technical aid
-
- develop the draft law, carry out its public discussion and organize expert assessment by international organizations
August 2015
MoJ, Ministry of Regional Development
draft law is submitted to the Cabinet of Ministers of Ukraine
-
- ensure the adoption of law by Verkhovna Rada of Ukraine and adopt necessary bylaws
December 2015
MoJ, Ministry of Regional Development
the law and by- within the funds laws are adopted of state budget
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:
March 2016
Ministry of Regional Development
necessary laws are within the funds adopted of state budget and funds of international technical aid
- 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
May 2015
Ministry of Regional Development
- carry out public discussion of the concept note
June 2015 .
Ministry of Regional Development
- develop draft legal acts / regulations necessary for enabling electronic
October 2015
Ministry of Regional
draft of the concept note
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 draft legal acts / regulations are
within the funds of state budget 16
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
6. Increase transparency of Verkhovna Rada of Ukraine and local councils’ operations .
Development
Ministry of Regional Development
submitted to the Cabinet of Ministers of Ukraine
and funds of international technical aid
- ensure adoption of the respective legal acts / regulations
March 2016
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:
June 2015
MoJ
law is adopted
within the funds of state budget and funds of international technical aid
- produce awareness-raising materials to explain provisions of the draft law
March 2015
MoJ
informational materials
within the funds of state budget and funds of
legal acts / regulations are adopted
within the funds of state budget
17
international technical aid - carry out an awareness raising campaign March – June 2015 MoJ together communication within the funds on the need to adopt the draft law, with members of events conducted of state budget including round tables with participation of Parliament who and funds of international experts authored the international draft law and line technical aid Committees of the Parliament (upon consent)
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:
December 2015
- submit new drafts of Laws of Ukraine “On Civil Service”, “On Service in Local Self-Government Bodies” for consideration to Verkhovna Rada of Ukraine
March 2015
- ensure adoption of new drafts of these Laws
May 2015
- develop an action plan to implement the
May 2015
Cabinet of new laws adopted Ministers of and practically Ukraine, implemented National State Service Agency, MoJ, Ministry of Regional Development Cabinet of Ministers of Ukraine
within the funds of state budget and funds of international technical aid
draft laws within the registered in funds of state Verkhovna Rada budget of Ukraine
National State laws are adopted within the Service Agency, funds of state MoJ, budget and Ministry of funds of Regional international Development technical aid
National State
draft action plan
within the 18
laws
- approve the action plan to implement the laws
2. Introduce an efficient system to 1. Develop technical guidelines to detect, detect, prevent and settle conflict of prevent and settle conflict of interest interest
Service Agency, is submitted to the MoJ, Cabinet of Ministry of Ministers of Regional Ukraine Development June 2015
Cabinet of Ministers of Ukraine
action plan is approved
within the funds of state budget
August 2015
NAPC
technical guidelines approved
within the funds of state budget and funds of international technical aid
NAPC
analytical reports, proposals on amending legislation or on technical guidelines to detect, prevent and settle the conflict of interest
within the funds of state budget and funds of international technical aid
2. Carry out survey on problems of practical application of legislation and March 2016, March develop proposals on amending legislation 2017 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 selfgovernment authorities comply with the respective provisions after terminating these duties
3. Creating an efficient system of financial control
funds of state budget and funds of international technical aid
NAPC
NAPC approved within the the respective funds of state legal act / budget and regulation funds of international technical aid
NAPC
there is a within the possibility to funds of state submit budget and declaration funds of electronically (fill international
December 2015
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
19
it in at the web- technical aid site of NAPC) - Unified state registry of declarations of persons authorized to perform the duties of state or local self-government
September 2015
NAPC
Unified state registry is functional
within the funds of state budget and funds of international technical aid
August 2015
NAPC
template of declaration is approved
within the funds of state budget and funds of international technical aid
- procedure of control and verification of declaration of a person authorized to perform the duties of state or local selfgovernment
August 2015
NAPC
procedure of control and verification is approved
within the funds of state budget and funds of international technical aid
- 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
August 2015
NAPC
procedure of informing is approved
within the funds of state budget and funds of international technical aid
- procedure of lifestyle monitoring regarding persons authorized to perform the duties of state or local self-government
August 2015
NAPC
procedure of monitoring is approved
within the funds of state budget and funds of international technical aid
September 2015
NAPC
technical guidelines
within the funds of state
2. Approve: - template of a declaration of a person authorized to perform the duties of state or local self-government
technical implementation
recommendations of the Law
on “On
20
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 selfgovernment, 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
approved
September 2015
4. Carry out an awareness raising September – October campaign on new procedure of submitting 2015 the declaration of a person authorized to perform the duties of state or local selfgovernment
5. Based on the analysis of international experience and application of the Law “On Preventing Corruption”, develop proposals on the need to create a nationwide database of persons who are to submit a declaration as those who are authorized to perform the duties of state or local self-government
March 2016
budget and funds of international technical aid
NAPC
technical within the guidelines funds of state uploaded at web- budget and pages of the funds of NAPC, state international authorities and technical aid local selfgovernment bodies, there is a possibility to provide online consultations on the procedure of submission and filling in the declarations
NAPC, State TV and Radio Broadcasting Committee
communication within the events carried out, funds of state nation-wide and budget and regional mass funds of media outlets are international engaged into them technical aid
NAPC, National analytical report, within the State Service proposals funds of state Agency submitted to the budget and Cabinet of funds of Ministers of international Ukraine technical aid
21
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 selfgovernment bodies
December 2015
NAPC
2. Produce technical guidelines on development of industry codes or professional ethical conduct standards
December 2015
NAPC
5. Carrying out integrity checks of persons authorized to perform the duties of state or local selfgovernment
1. Develop draft concept note on amendments to legislation on introducing integrity checks (with due account of international experience)
July 2015
MoJ, draft concept note within the NAPC, National is developed funds of state Anti-corruption budget and Bureau funds of international technical aid
2. Carry out public discussion of the concept note and develop the respective draft legal act / regulation
September 2015
MoJ, draft act / within the NAPC, National regulation is funds of state Anti-corruption discussed and budget and Bureau submitted to the funds of Cabinet of international Ministers of technical aid Ukraine
3. Ensure the adoption of legal act / regulation by Verkhovna Rada of Ukraine
December 2015
MoJ, draft legal act / within the NAPC, National regulation is funds of state Anti-corruption adopted by budget and Bureau Verkhovna Rada funds of of Ukraine international technical aid
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
August 2015
NAPC
the respective web-page is available
within the funds of state budget and funds of international technical aid
September 2015
NAPC
technical
within the
6. Creating the mechanism to protect persons who voluntary provide information about corruption (whistleblowers / informants)
2.
Develop
technical
guidelines
on
act / regulation of within the the NAPC is funds of state adopted budget technical guidelines are approved
within the funds of state budget and funds of international technical aid
22
working with reports of corruption that the informants submitted
guidelines are approved
3. Provide opportunity for informing on corruption through special phone lines, official web-sites, electronic means of communication
October 2015
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
on a rolling basis
5. Organize regular trainings on working on a rolling basis, at with informants’ reports about corruption least one per year for authorized units (focal points) on preventing and detecting corruption
6. Carry out an awareness raising As required, based campaign in order to stimulate informants on the results of to report corruption survey, but at least once per year
7. Study the feasibility to set up a center for providing legal, psychological and
December 2015
NAPC, other NAPC and other state authorities state authorities and local selfand local selfgovernment government bodies bodies have mechanisms to collect information about corruption
funds of state budget and funds of international technical aid within the funds of state budget and funds of international technical aid
NAPC
monthly reports within the upon the results funds of state of monitoring and budget actions taken, evaluation of respective issue by civic council of the NAPC
NAPC
trainings provided
within the funds of state budget and funds of international technical aid
NAPC, National an awareness within the Anti-corruption raising campaigns funds of state Bureau are carried out budget and funds of international technical aid NAPC
proposals submitted for
within the funds of state 23
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 7. Ensure that persons authorized to 1. Produce technical guidelines and perform the duties of state or local organize tailored trainings for: self-government are aware of the legislation on integrity of public - heads of state bodies and local selfservice 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
consideration to budget and the Cabinet of funds of Ministers of international Ukraine technical aid December 2016
NAPC
June 2017
NAPC, MoJ
July – December 2015
NAPC
July – December 2015
analytical report within the with proposals funds of state and draft law budget and submitted to the funds of Cabinet of international Ministers of technical aid Ukraine legal act / regulation is adopted
within the funds of state budget
technical within the guidelines funds of state produced, 100% budget and target audience funds of received training international technical aid
NAPC, National technical within the State Service materials funds of state Agency, Ministry produced, 100% budget and of Regional target audience funds of Development received training international technical aid
2. Provide training, in-service training and Annually, in line NAPC, National training, rewithin the capacity building on preventing corruption with the approved State Service training and funds of state for servants of state authorities, authorities training, re-training Agency, Ministry capacity building budget and of the Autonomous Republic of Crimea, and capacity building of Regional is provided is line funds of self-government bodies on ongoing basis plans on preventing Development with the approved international 24
corruption for servants of state authorities, authorities of the Autonomous Republic of Crimea, self-government bodies 3. Submit proposals on introducing electronic tests on preventing corruption for persons authorized to perform the duties of state or local self-government
December 2016
plans
technical aid
NAPC, proposals within the Ministry of submitted for funds of state Regional consideration to budget and Development the Cabinet of funds of (State agency for Ministers of international e-government) Ukraine technical aid
Preventing corruption in the executive branch operations 1. Mainstreaming a systemic approach to preventing corruption in executive authorities and local selfgovernment 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
October 2015
NAPC
- technical guidelines on development of anti-corruption programmes and model anti-corruption programmes of executive authorities and bodies of local self-
October 2015
NAPC
policy and within the recommendations funds of state are approved budget and funds of international technical aid
technical guidelines are approved
within the funds of state budget and funds of 25
government
international technical aid
2) ensure approval of anti-corruption programmes in central and local executive authorities
Annually, by 1 March
NAPC, central and local executive authorities
programmes are within the approved in all funds of state executive budget and authorities funds of pursuant to the international law technical aid
3) organize methodological assistance, including through providing prompt clarifications of the most widespread problems that may arise during the development of anti-corruption programmes
on a rolling basis
NAPC
there is an within the opportunity to funds of state receive on hand budget and consultations on funds of the respective international issues technical aid
4) provide trainings on analysis of corruption risks and development of anticorruption programmes for staff of authorized units (focal points) responsible for preventing and detecting corruption
November – December 2015
NAPC
June 2015
MoJ
September 2015
MoJ, NAPC
5) increase the efficiency corruption expert assessment:
of
anti-
- 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
trainings are provided, at least 50% of staff members of 100% authorities are covered with them
within the funds of state budget and funds of international technical aid
curriculum of within the special course is funds of state developed budget and funds of international technical aid training on special course started
within the funds of state budget and funds of international technical aid
26
- start a special training course on how to carry out anti-corruption expert assessment
February 2016
NAPC, National curriculum of a within the Academy of special course funds of state Security of developed budget and Ukraine, MoD, funds of Security Service international of Ukraine, Office technical aid of National Security and Defense Council (upon consent)
6) introduce special training curriculum on March – April 2016 NAPC, National training materials preventing and combatting corruption in Academy of produced the area of security: Security of Ukraine, MoD, Security Service of Ukraine, Office of National Security and Defense Council (upon consent)
within the funds of state budget and funds of international technical aid
- develop a training curriculum on preventing and combatting corruption for the officials of security sector of Ukraine
2015-2016
within the funds of state budget and funds of international technical aid
- produce training materials for the special course
March 2016
NAPC, National Special course Academy of piloted 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
analytical reports within the and proposals are funds of state 27
NAPC, MoJ
- pilot special course;
submitted to the Cabinet of Ministers of Ukraine
budget
proposals within the submitted to the funds of state Cabinet of budget and Ministers of funds of Ukraine international technical aid
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 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:
October 2015
MoJ, Ministry of laws are adopted, within the Economic action plans are funds of state Development and approved and budget and Trade implemented funds of international technical aid
- submit draft laws “On Administrative Procedure” and “On Administrative Fee” for consideration to the Cabinet of Ministers of Ukraine
March 2015
MoJ, Ministry of draft laws are within the Economic submitted to the funds of state Development and Cabinet of budget and Trade Ministers of funds of Ukraine international technical aid
- ensure adoption of the Laws “On Administrative Procedure” and “On Administrative Fee” by Verkhovna Rada of Ukraine
June 2015
MoJ, Ministry of laws are adopted within the Economic by Verkhovna funds of state Development and Rada of Ukraine budget and Trade funds of international 28
technical aid - 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
June-July 2015
- ensure adoption of the action plan on implementation of the Laws “On Administrative Procedure” and “On Administrative Fee”
July 2015
MoJ, Ministry of draft action plans within the Economic are submitted to funds of state Development and the Cabinet of budget and Trade Ministers of funds of Ukraine international technical aid Cabinet of Ministers of Ukraine
action plans are within the adopted funds of state budget
2. Take practical actions for eliminating corruption risks in the administrative procedures. Specifically: - set up integrated transparent offices – centers for administrative service provision
on a rolling basis
Ministry of network of within the Regional integrated funds of state Development, transparent budget and with involvement offices is funds of of other central established, in international and local 2015 offices are technical aid executive established in authorities cities with >100,000 inhabitants
- 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 selfgovernment bodies
September 2015
Ministry of tasks on basic within the Regional administrative funds of state Development, service provision budget and MoJ, MIA, are transferred to funds of Ukrainian State local selfinternational Registration government technical aid Service, with bodies involvement of other central and local executive authorities
29
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 Annually, by 1 April Respective central programmes are and assigning focal points in state executive adopted, focal enterprises and companies (where the state authorities points are holds over 50% of shares) in accordance assigned with the Law of Ukraine “On Preventing Corruption” NAPC
within the budget of state enterprises and companies
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)
on a rolling basis
there is a within the possibility to funds of state receive on hand budget and consultations of funds of the respective international issues technical aid
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 anticorruption programmes at state enterprises and companies (where the state holds over 50% of shares)
2016-2017
NAPC, with reports on 10-15 within the involvement of verifications of funds of state other central and strategically budget local executive important authorities companies (to be selected by the NAPC based on corruption risks analysis)
- 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
May 2015
Ministry of draft action plan within the Economic submitted to the funds of state Development and Cabinet of budget and Trade Ministers of funds of Ukraine international technical aid
- approve the action plan
June 2015
2. Apply OECD standards and recommendations on corporate management at state enterprises in Ukraine With this aim:
Cabinet of
legal act /
within the 30
Ministers of Ukraine
regulation of the funds of state Cabinet of budget Ministers of Ukraine is adopted - ensure implementation of the action plan According to Ministry of within the timeframe Economic report of the funds of state established by the Development and Ministry of budget and action plan, but not Trade, other Economic funds of later than 31 authorities Development and international December 2017 pursuant to the Trade upon the technical aid action plan results of implementation of action plan, alternative reports of civil society institutions, OECD evaluation 3. Introduce amendments to the legislation (if possible) 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
October 2015
NAPC, MoJ
draft law within the submitted to the funds of state Cabinet of budget and Ministers of funds of Ukraine international technical aid
ensure adoption of the law by Verkhovna Rada of Ukraine
February 2016
NAPC, MoJ
law is adopted by within the Verkhovna Rada funds of state of Ukraine budget
31
Prevention of corruption in the area of public procurement 1. Elimination of corruptiongenerating 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
March 2015
Ministry of law is adopted by within the Economic Verkhovna Rada funds of state Development and of Ukraine budget Trade
- submit the respective drafts of Governmental acts / regulations for consideration to the Cabinet of Ministers of Ukraine
April 2015
Ministry of draft legal act / within the Economic regulations are funds of state Development and submitted to the budget Trade, MoJ, AntiCabinet of Monopoly Ministers of Committee of Ukraine Ukraine
- introduce procurement
June 2015
Ministry of legislative and Economic organizational Development and conditions are set Trade for electronic public procurement
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:
electronic
public
within the funds of state budget and funds of international technical aid
32
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 within the with proposals funds of state and draft law are budget and submitted to the funds of Cabinet of international Ministers of technical aid Ukraine
Prevention of corruption in the judiciary and criminal justice bodies 1. Eliminating corruption in the 1. Develop, adopt and implement judiciary and criminal justice bodies 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, draft strategy is within the МВС, developed funds of state Council of Judges budget and of Ukraine (upon the Project consent), “Support to 33
prosecutor’s office and other criminal justice authorities, Ministry of Interior in particular, improve access to justice
ProsecutorGeneral’s Office (upon consent)
Justice Sector Reforms in Ukraine” funded by the EU
- carry out public discussion of the draft strategy and submit it for consideration to the Cabinet of Ministers of Ukraine
May 2015
MoJ
draft strategy is within the submitted to the funds of state Cabinet of budget Ministers of Ukraine
- submit draft strategy for consideration to the President of Ukraine
June 2015
Cabinet of Ministers of Ukraine
draft strategy is within the submitted to the funds of state President of budget and Ukraine the Project “Support to Justice Sector Reforms in Ukraine” funded by the EU
- develop a draft state programme Within two months after the for implementation of the strategy is approved strategy to reform the justice sector by 2019 and submit it for consideration to the Cabinet of Ministers of Ukraine.
MoJ
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
MoJ
June 2015
draft of state programme is approved
within the funds of state budget and the Project “Support to Justice Sector Reforms in Ukraine” funded by the EU
the law is within the approved by the funds of state Parliament and budget and aligned with the funds of Law “On international Preventing technical aid Corruption” 34
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 selfgovernment with advisory functions on observance of anticorruption requirements
within the funds of state budget and funds of international technical aid
3. Provide regular training on anti-corruption law for judges
On a rolling basis
National School 100% judges of Judges (upon received training consent), NAPC
4. Carry out survey on how judges observe anti-corruption law and on corruption risks in all forms of judicial proceedings
June 2017
NAPC, Council analytical report of Judges of upon the results Ukraine (upon of survey, consent) proposals to draft of new anticorruption strategy and legislative amendments
Preventing corruption in the private sector
35
1. Implementation of strategy to combat corruption in the private sector
1. Approve a model anticorruption programme for a legal entity and methodological recommendations on preventing corruption in the private sector
October 2015
2. Set up a joint working group of representatives of NAPC and business to facilitate cooperation and take the following joint acts / regulations:
September 2015
NAPC
model programme within the and guidelines are funds of state approved budget and funds of international technical aid
NAPC, Business working group is within the Ombudsman established funds of state budget
- carry out a campaign to inform November – December 2015 NAPC, Business an awareness within the business about the provisions of Ombudsman raising campaign funds of state new Law “On Preventing is carried out budget and Corruption� funds of international technical aid - develop a strategy aimed at implementation of anti-corruption standards by the private sector
December 2015
NAPC, Business Ombudsman
strategy is developed
within the funds of state budget and funds of international technical aid
- disseminate information about anti-corruption law and practice of its application
on a rolling basis
NAPC
regular information sharing events are conducted
within the funds of state budget and funds of international technical aid
- develop special programmes to provide entrepreneurs access to necessary information, in particular, about administrative procedures, their rights and responsibilities, shaping zero tolerance to corruption,
March 2016
NAPC, Business Ombudsman
special within the information funds of state programmes for budget and entrepreneurs funds of international technical aid
36
encouraging whistleblowing
corruption
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
December 2015
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
March 2016
NAPC, proposals Ministry of (including – in Economic case of need – Development and draft amendments Trade, Business to legislation) Ombudsman submitted to the Cabinet of Ministers of Ukraine
within the funds of state budget and funds of international technical aid
NAPC, MoJ, analytical report within the Ukrainian State upon the results funds of state Registration of monitoring and budget Service, State draft amendments Service for to the legislation Financial Monitoring
Simplifying access to information
37
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 selfgovernment, 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
March 2015
- 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
June 2015
- submit regulation
draft legal act / Within two months after the stipulating the law on access to information
MoJ, Ministry of draft law within the Regional submitted to the funds of state Development, Cabinet of budget and State Committee Ministers of funds of for TV and Radio Ukraine international Broadcasting, technical aid 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
draft law is adopted
within the funds of state budget and funds of international technical aid
Ministry of Regional
draft act / regulation is
within the funds of state 38
principles of disclosure of in form of open data and reDevelopment, submitted to the budget and governmental data on the Internet use of information is adopted State Committee Cabinet of funds of for consideration to the Cabinet for TV and Radio Ministers of international of Ministers of Ukraine Broadcasting, Ukraine technical aid State Statistics Service, State Service of Special Communication
- create unified state web-portal of open data and ensure its operation
December 2015
Ministry of Regional Development, State Committee for TV and Radio Broadcasting, State Statistics Service, State Service of Special Communication
web-portal is created and functional
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
June 2015
MoJ, Ministry of the law adopted within the Regional by Verkhovna funds of state Development Rada of Ukraine budget
July 2015
Ministry of draft legal act / within the Regional regulation is funds of state Development, submitted to the budget Ministry of Cabinet of Finance, Ministry Ministers of of Social Policy, Ukraine MoJ
- create and ensure operation of the unified web-portal of public expenditures
December 2015
Ministry of Regional Development,
web-portal is created and
within the funds of state budget 39
Ministry of Finance, Ministry of Social Policy, MoJ 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
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
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
functional
MoJ, Ministry of draft legal act / within the Regional regulation is funds of state Development submitted to the budget Cabinet of Ministers of Ukraine
Ministry of Regional Development, MoJ, NAPC
proposals on within the legislative funds of state amendments budget submitted to the Cabinet of Ministers of Ukraine
Ministry of Energy draft law is within the and Coal Industry submitted to the funds of state Cabinet of budget Ministers of Ukraine
6. Ensure Ukraine’s participation in international transparency initiatives and implement standards of international initiatives, in particular: 40
- publish first report on payments October 2015 – first report; Ministry of Energy of companies and governmental annual reports – annually in and Coal Industry revenue from extractive October industries; publish the respective reports annually - Implement standards of Extractive Industries Transparency Initiative (EITI)
2016
- implement projects within CoST Programme (Construction Sector Transparency Initiative)
In line with approved timeframe
Ministry of Infrastructure
- submit proposals on extending Ukraine’s participation in CoST initiative to the Cabinet of Ministers of Ukraine
June 2015
Ministry of Infrastructure, Ministry of Regional Development
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
reports are published
within the funds of state budget
Ministry of Energy according to within the and Coal Industry EITI assessment, funds of state standards are budget and implemented funds of international technical aid positive assessment of CoST
within the funds of state budget and funds of international technical aid
proposals are within the submitted to the funds of state Cabinet of budget Ministers of Ukraine
MoJ, Ukrainian draft legal act / within the Parliament regulation is funds of state Commissioner for submitted to the budget and Human Rights Cabinet of funds of (upon consent), Ministers of international Supreme Ukraine technical aid Administrative Court (upon consent)
ІІІ. Liability for corruption 41
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
September 2015
MoJ, NAPC, draft law is within the National submitted to the funds of state Association of Cabinet of budget and Banks of Ukraine Ministers of funds of (upon consent) Ukraine international technical aid
- ensure adoption of law by Verkhovna Rada of Ukraine, in particular, carry out round table together with line Committee of the Parliament
December 2015
MoJ, NAPC, National Association of Banks of Ukraine (upon consent)
law is adopted
within the funds of state budget and funds of international technical aid
develop methodological materials on tracing and detection of proceeds of corruption-related crimes, their returning to Ukraine, international
December 2015
National Association of Banks of Ukraine (upon consent), Prosecutor
technical materials are produced
within the funds of state budget and funds of international 42
General’s Office of Ukraine (upon consent)
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:
September 2015
- submit draft legal act / regulation for consideration to the Cabinet of Ministers of Ukraine
August 2015
- ensure implementation of the legal act / regulation, in particular, launch the operation of special unit (body) responsible for managing frozen funds or property
November 2015
3. Analyze the implementation of provisions of Criminal Code and Criminal Procedure Code on taking criminal legal actions with regard to legal persons:
June 2015
develop proposals on improvement of legislation or practices of its application
September 2015
Cabinet of Ministers of Ukraine
technical aid
legal act / regulation approved by the Cabinet of Ministers of Ukraine
MoJ, NAPC, MIA, draft legal act / within the Ministry of regulation funds of state Finance, National submitted to the budget and Association of Cabinet of funds of Banks of Ukraine Ministers of international (upon consent) Ukraine technical aid Cabinet of Ministers of Ukraine
legal act / regulation is fully implemented, special unit (body) is functional
within the funds of state budget and funds of international technical aid
MoJ, National analytical report within the Association of funds of state Banks of Ukraine budget and (upon consent), funds of Prosecutor international General’s Office technical aid of Ukraine (upon consent) MoJ, National draft legal act / Association of regulation or Banks of Ukraine proposals on (upon consent), adjusting the
within the funds of state budget and funds of 43
Prosecutor practice of international General’s Office application of the technical aid of Ukraine (upon law are consent) developed develop methodological materials on taking criminal legal action with regard to legal entities
December 2015
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
2. Improve registration of physical 1. Ensure that amendments are persons and legal entities brought to introduced to the Unified state liability for corruption offences 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, National Association of Banks of Ukraine (upon consent), Prosecutor General’s Office of Ukraine (upon consent)
technical guidelines are developed
within the funds of state budget and funds of international technical aid
MoJ, MIA, analytical report within the National with proposals, funds of state Association of draft budget and Banks of Ukraine amendments to funds of (upon consent), legislation international Prosecutor technical aid General’s Office of Ukraine (upon consent) MoJ, NAPC
Unified state within the registry is funds of state functional, budget and NAPC maintains funds of it 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 44
percentage of persons having corruption experience (baseline set in 2015) 1. Changing public ideas about corruption
2015 – MoJ, later analytical reports within the – NAPC with survey funds of state results and budget and proposals funds of international technical aid
1. Carry out social poll survey in 2015, 2016 and 2017 in order to see the changing attitudes to corruption
Annually in March
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
- regular information campaigns aimed at shaping public nontolerance to corruption as a way to solve the problem
on a rolling basis
NAPC
actions are within the conducted within funds of state the framework of budget and campaign 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 within the carried out 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
action plan is approved and implemented
within the funds of state budget and funds of international technical aid
3. Organize:
public actions, messages in mass media, easy-tounderstand informational materials on anti-
within the funds of state budget and funds of international technical aid 45
of types and forms of corrupt conduct, models of proper conduct in situations with possible corruption risks - series of actions aimed at encouraging reports about corruption offences to specially authorized actors in the area of combatting corruption
Association of corruption law for Banks of Ukraine public are (upon consent) developed and disseminated annually
National materials are within the Association of produced, funds of state Banks of Ukraine awareness-raising budget and (upon consent), actions funds of undertaken 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
May 2015
Ministry of Education and Science, MoJ
- develop technical materials for a special course for secondary education professionals
September 2015
Ministry of Education and Science, MoJ
analytical report within the and proposals funds of state budget and funds of international technical aid technical materials are developed
within the funds of state budget and funds of international technical aid
- carry out trainings for secondary September – December 2015 Ministry of teachers who will within the education professionals on antiEducation and teach special funds of state corruption legislation Science, NAPC course received budget and training funds of international technical aid - start teaching a special course Starting from January 2016 on prevention / combatting
Ministry of Education and
teaching special within the course started funds of state 46
corruption in secondary schools
Science
budget and funds of international technical aid
Total for the Programme
Including
State budget Local budgets Other sources
47