Group manager

Liemienov Oleksandr
oleksandrlemenov@gmail.com
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Lead expert

Yurchyshyn Yaroslav
yar.yurchyshyn@gmail.com
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Мельничук Віталій
melnychuk9@gmail.com

Civil Society Organisations:

  • Transparency International Україна
  • Anticorruption Action Center
  • Center for Political Studies and Analysis «Eidos»
  • Centre of Policy and Legal Reform
  • Centre for Democracy and Rule of Law
ISSUES TO BE RESOLVED BY THE REFORM

Issues to be resolved by the reform

As reported by the Ilko Kucheriv Democratic Initiatives Foundation, the fight against corruption remained the main priority for reforms in the eyes of the society in 2015 and 2016.
Over two years, the parliament has adopted a number of laws establishing a new system of anti-corruption agencies. It includes bodies of pre-trial investigation and prosecution — the National Anticorruption Bureau of Ukraine (NABU) and the Specialized Anticorruption Prosecutor’s Office (SAP). The amendments to the Constitution of Ukraine regarding judiciary and the new Law «On the Judiciary and the Status of Judges» adopted in June 2016 paved the way to the establishment of the Higher Anticorruption Court that will hear cases in the competence of the NABU. However, to establish the new court a separate law is required, it has yet to be developed and adopted. At the same time, there is a gap in the legislative framework for the NABU’s functioning, namely it lacks the right to intercept telecommuni-cations on its own (wiretapping, etc.) and has to rely on the Security Service for this, which seriously restricts the NABU’s autonomy and efficiency. The Prosecutor General’s Office has been reluctant to transfer proceedings to the SAP in cases initiated before the establishment of the SAP; there also have been instances of jurisdictional conflicts between the SAP and the PGO. This affects the SAP’s work.
The State Bureau of Investigation (SBI), which according to the law shall investigate all cases against law-enforcement officers, judges, and high-level officials (except for corruption cases within the NABU’s jurisdiction) had to be established by March 1, 2016, but it did not happen due to delay in the selection of its leadership. Therefore, the relevant cases are still investigated by the Prosecutor’s Office.
The new anticorruption legislation has also stipulated the development of a new corruption prevention system, including the establishment of the National Agency on Corruption Prevention (NACP). The latter is in charge of running the system for electronic submission and on-line publication of asset and income declarations of public servants, prevention of conflict of interests, supervision over the transparency of political parties financing, whistle-blower protection, etc.
The minimum composition of the NACP, which allowed its launch, was formed only in March 2016, with a one year delay. Still, one member of the Agency out of five has not been appointed yet. At the moment, the majority of the agency’s secretariat staff has been recruited and the NACP started its full operation on August 15, 2016. The electronic system for asset disclosure had to be launched first on August 15, but it was postponed till September 1 due to attempts to derail the system through delays in the security certification of the system; it is still not clear if the system would run properly. Bylaws related to conflict of interest prevention and state financing of political parties need to be finalized.
Selection of the director of another new agency — the National Agency of Ukraine for Detection, Tracing and Management of Assets Derived from Corruption and Other Crimes — is underway. Afterwards, the new agency will have to be staffed and launched.
The reform aimed to increase openness and transparency of the Parliament that had been started through decisions of the parliament’s Chairman, needs to be continued and implemented through amendments in the law. Besides, the notorious practice of non-personal voting remains wide spread among the MPs; additional legal and organizational steps needs to be taken to stop it.
The state supervision mechanism overseeing the right to access to public information also requires improvement.

GOAL I. Building a comprehensive system for criminal punishment of corruption offences
  1. Provide detectives of the National Anticorruption Bureau of Ukraine with the right to intercept information from the telecommunications (wiretapping).

Decision-making authority: Verkhovna Rada.

  1. Establish the Higher Anticorruption Court and the respective chamber at the Supreme Court for the hearing of high-profile corruption cases.

Decision-making authority: Verkhovna Rada.

  1. Establish the National Agency for Detection, Tracing and Management of Assets Derived from Corruption and Other Crimes and launch its operation.

Decision-making authority: Cabinet of Ministers.

  1. Establish and launch the State Bureau of Investigations.

Decision-making authority: Cabinet of Ministers.

  1. Avoid overlap of investigative jurisdiction over corruption crimes connected with the establishment of new anticorruption bodies and structural changes in the existing ones. In addition, prevent restriction of investigative jurisdiction and powers of the NABU.

Decision-making authority: Verkhovna Rada.

GOAL ІІ. Implementing an effective system for prevention of corruption in the public sector
  1. Finalize selection of the National Agency on Corruption Prevention and its Secretariat. Set up an integral Public Control Council under the NACP.

Decision-making authority: NACP, Cabinet of Ministers.

  1. Launch the electronic system of income and property disclosure and lifestyle monitoring of public officials.

Decision-making authority: NACP, Cabinet of Ministers.

  1. Determine legislatively the procedure for testing of public officials’ integrity with observance of human rights standards.

Decision-making authority: Verkhovna Rada.

  1. Reinforce legislative protection of whistle-blowers of corruption and of threats or damages to the public interest.

Decision-making authority: Verkhovna Rada.

  1. Start the work of the NAСP on prevention of conflicts of interest and other violations of anticorruption restrictions.

Decision-making authority: NAСP.

GOAL ІІІ. Ensuring an effective state supervision over the observance of the right to access to public information
  1. Designate through amendments to the law a body responsible for independent state supervision over
    access to public information enforcement.

Decision-making authority: Verkhovna Rada.

GOAL IV. Ensuring an effective fight against political corruption
  1. Ensure through amendments to the laws access to information on the work of the Verkhovna Rada, its committees, Members of Parliament, and legislation.

Decision-making authority: Verkhovna Rada.

  1. Include in the legislation liability for non-personal voting in the Parliament.

Decision-making authority: Verkhovna Rada.

  1. Launch the state financing of political parties and publication of their financial reports, as well as ensure effective state control over party finances according to the law.

Decision-making authority: NACP.

ADDITIONAL INFORMATION

Group experts

  • Babakishiieva Hiunel
  • Buromenskyi Mykhailo
  • Cherniak Yevhen
  • Drik Sasha
  • Dumanska Vita
  • Kanevskyi Hlib
  • Kaleniuk Daria
  • Kalitenko Oleksandr
  • Kalmykov Dmytro
  • Khavroniuk Mykola
  • Kliuchar Maksym
  • Kotliar Dmytro
  • Kovryzhenko Denys
  • Krasnosilska Anastasia
  • Kuchma Ostap
  • Kukharuk Andrii
  • Liemienov Oleksandr
  • Marchuk Anton
  • Marusov Andrii
  • Nesterenko Oksana
  • Saidova Zamira
  • Semiletko Tetiana
  • Serebriakov Mykhailo
  • Shabunin Vitalii
  • Shevchenko Taras
  • Shostko Olena
  • Simka Myroslav
  • Slyzkonis Daria
  • Soroka Olena
  • Taran Viktor
  • Tarnai Volodymyr
  • Yanchenko Halyna
  • Yurchyshyn Yaroslav

Draft laws

Drafts laws (9)

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