Feedback from the public

ESR

2.4.3.1. On the basis of the Unified Register of State-Owned Properties, a register of state and municipal unitary enterprises, as well as business companies in which more than 50 percent of the authorized capital stock (equity) belongs to the state or a territorial community, has been created and populated with data, with mandatory publication of information on the activities of such legal entities in accordance with international standards, including information on government aid received

Problem solving:

2.4.3. The insufficient scope of publicly available information about business entities in which the state has an ownership stake significantly reduces the transparency of their activities, complicates public control and fosters corruption.

Deadlines for all measures within ESR

01.03.2023 - 31.12.2024

Implementation of SACP measures within ESR

Total number of measures – 13
2 3 8
Partially implemented Not implemented Not started

Implementation of SACP measures within the scope of the Problem by main main performers

State Property Fund of Ukraine

20%
10

Ministry of Economy of Ukraine

0%
3

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 2.4.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to improve the functioning of the Unified Register of State-Owned Properties and provide for the creation of an information resource based on the relevant register, which would publicize information about enterprises under state and municipal ownership, particularly by:
1) defining the mechanism of cooperation between the participants involved in the process of forming the Unified Register of State-Owned Properties;
2) defining a clear procedure of periodic submission of information by managed entities to the Unified Register of State-Owned Properties, as well as the procedure by which they shall submit information following changes affecting state-owned properties;
3) providing for the mandatory annual publication of aggregated reports on the 100 largest state-owned enterprises;
4) defining the scope of publication of information about the operations of state-owned enterprises in accordance with the OECD Guidelines on Corporate Governance in State-Owned Enterprises;
5) defining the criteria based on which centralized submission of information to the information resource designed for publication of data on enterprises under state and municipal ownership is mandatory for enterprises under municipal ownership;
6) defining the scope of publication of information about the operations of enterprises under municipal ownership in accordance with the OECD Guidelines on Corporate Governance in State-Owned Enterprises;
7) providing for the publication of information about government aid received by enterprises under state ownership and enterprises under municipal ownership;
8) instituting effective, proportional, and deterrent sanctions for failure to comply with the requirements with respect to submission and disclosure of legislatively mandated information about the operations of a state-owned enterprise and a municipally-owned enterprise, for incompleteness or inaccuracy of such information, or for failing to comply with the requirements with respect to the format of its submission and disclosure.
State Property Fund of Ukraine Міністерство цифрової трансформації України, Міністерство фінансів України, Міністерство юстиції України, Державна служба статистики України, Національна комісія з цінних паперів та фондового ринку, Міністерство розвитку громад, територій та інфраструктури України, Міністерство економіки України, Антимонопольний комітет України The draft law has been submitted to the Parliament of Ukraine.
The measure was implemented late and partially
Partially implemented
2 2.4.3.1.2.(2) Drafting normative legal acts (amendments to normative legal acts) aimed at the implementation of the provisions of the law indicated in subclause 2.4.3.1.1 Ministry of Economy of Ukraine The draft normative legal acts have been drafted and publicized for a public discussion.
The measure has not been implemented
Not implemented
3 2.4.3.1.2.(1) Drafting normative legal acts (amendments to normative legal acts) aimed at the implementation of the provisions of the law indicated in subclause 2.4.3.1.1 State Property Fund of Ukraine The draft normative legal acts have been drafted and publicized for a public discussion.
The measure was implemented late and partially
Partially implemented
4 2.4.3.1.3.(1) Holding a public discussion of the draft normative legal acts indicated in subclause 2.4.3.1.2, and ensuring their revision (if needed) State Property Fund of Ukraine The public discussion has been conducted and its results have been made public.
The measure has not been implemented
Not implemented
5 2.4.3.1.3.(2) Holding a public discussion of the draft normative legal acts indicated in subclause 2.4.3.1.2, and ensuring their revision (if needed) Ministry of Economy of Ukraine The public discussion has been conducted and its results have been made public.
The measure has not been implemented
Not implemented
6 2.4.3.1.4.(1) Adopting the normative legal acts indicated in subclause 2.4.3.1.2 and, as appropriate, performing their state registration or submitting them to the Cabinet of Ministers of Ukraine State Property Fund of Ukraine Міністерство юстиції України Normative legal acts have come into force.
Implementation of the measure has not started
Not started
7 2.4.3.1.4.(2) Adopting the normative legal acts indicated in subclause 2.4.3.1.2 and, as appropriate, performing their state registration or submitting them to the Cabinet of Ministers of Ukraine Ministry of Economy of Ukraine Міністерство юстиції України Normative legal acts have come into force.
Implementation of the measure has not started
Not started
8 2.4.3.1.5 Holding trainings on the application of the provisions enacted upon the entry into force of the law indicated in subclause 2.4.3.1.1 State Property Fund of Ukraine Міністерство економіки України At least 10 trainings have been held for representatives of the Ministry of the Economy, the State Property Fund, its regional offices and divisions; state-owned enterprises, enterprise under municipal ownership. Not started
9 2.4.3.1.6 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft normative legal act approving the new version of the Regulation on the Unified Register of State-Owned Properties as well as the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, which is a component of the relevant register State Property Fund of Ukraine Міністерство розвитку громад, територій та інфраструктури України, Міністерство економіки України The normative legal act has been adopted.
Implementation of the measure has not started
Not started
10 2.4.3.1.7 Developing software and configuring hardware required for updating of the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises State Property Fund of Ukraine Міністерство цифрової трансформації України, Міністерство фінансів України, Міністерство юстиції України, Державна служба статистики України, Антимонопольний комітет України, Національна комісія з цінних паперів та фондового ринку, Міністерство розвитку громад, територій та інфраструктури України, Міністерство економіки України The software has been developed and hardware configured for updating the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises. Not started
11 2.4.3.1.8 Ensuring integration or data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the Prozvit analytical portal State Property Fund of Ukraine Міністерство економіки України Automated and data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the Prozvit analytical portal have been ensured. Not started
12 2.4.3.1.9 Ensuring integration or data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the Best Zvit Oracle automated electronic document exchange system State Property Fund of Ukraine Міністерство економіки України Integration and data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the Best Zvit Oracle automated electronic document exchange system has been ensured. Not started
13 2.4.3.1.10 Ensuring data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the register of government aid for business entities State Property Fund of Ukraine Антимонопольний комітет України Automated data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the register of government aid for business entities have been ensured. Not started

Indicators of achievement of ESR

Total number of indicators – 3

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 3

Summarized general information about Achievement Indicators

Indicators Weight (%)
1 a law has taken effect, which has improved the functioning of the Unified Register of State-Owned Properties and provide for the creation of an information resource based on the relevant register, which would publicize information about enterprises under state and municipal ownership, particularly by:
a) defining the mechanism of cooperation between the participants involved in the process of forming the Unified Register of State-Owned Properties (6 percent);
b) defining a clear procedure of periodic submission of information by managed entities to the Unified Register of State-Owned Properties, as well as the procedure by which they shall submit information following changes affecting state-owned properties (6 percent);
c) providing for the mandatory annual publication of aggregated reports on the 100 largest state-owned enterprises (6 percent);
d) defining the scope of publication of information about the operations of state-owned enterprises in accordance with the Guidelines on Corporate Governance in State-Owned Enterprises of the Organization of Economic Cooperation and Development (6 percent);
e) defining the criteria based on which centralized submission of information to the information resource designed for publication of data on enterprises under state and municipal ownership is mandatory for enterprises under municipal ownership (6 percent);
f) defining the scope of publication of information about the operations of municipally-owned enterprises in accordance with the Guidelines on Corporate Governance in State-Owned Enterprises of the Organization of Economic Cooperation and Development (6 percent);
g) providing for the publication of information about government aid received by enterprises under state ownership and enterprises under municipal ownership (6 percent);
h) implementing effective, proportional, and deterrent sanctions for failure to comply with the requirements with respect to submission and disclosure of legislatively mandated information about the operations of a state-owned enterprise and a municipally-owned enterprise, for incompleteness or inaccuracy of such information, or for failing to comply with the requirements with respect to the format of its submission and disclosure (8 percent).
50%
2 The register of state and municipal unitary enterprises, as well as business companies in which more than 50 percent of the authorized capital stock (equity) belongs to the state or a territorial community:
a) has been put into commercial operation as an information resource for publishing information about state-owned and municipally owned enterprises on the basis of the Unified Register of State-Owned Properties (4 percent);
b) contains the functionality required for submission and publication of financial and non-financial reporting information of state-owned and municipal enterprises (or is integrated with other information and telecommunication systems or software that collects, publishes, and analyzes the relevant information) (4 percent);
c) contains functionality for submission and publication of information about the operations of state-owned enterprises in accordance with the Guidelines on Corporate Governance in State-Owned Enterprises of the Organization of Economic Cooperation and Development (4 percent);
d) contains functionality for publishing information in the form of an open data set, which ensures its automated processing by electronic devices (machine reading) for purposes of reuse (4 percent);
e) is integrated with the register of government aid (pertaining to the provision of appropriate assistance to state-owned enterprises and municipal enterprises, information on which is subject to entry into the Unified Register of State-Owned Properties) (4 percent).
20%
3 at least 80 percent of experts on the regulation of the economy and businesses estimate that:
a) the criteria for identifying municipal enterprises that must submit information to the information resource are completely or mostly justified and balanced (5 percent);
b) complete and reliable aggregate reports on the activities of at least 100 largest state-owned enterprises are published in a timely and proper manner (5 percent);
c) information about the activities of state-owned enterprises is published to the extent that it fully in line with the Guidelines on Corporate Governance in State-Owned Enterprises of the Organization for Economic Cooperation and Development (5 percent);
d) the format of publication of information on the activities of state-owned enterprises fully or mostly ensures transparency, openness and ease of access to information on the activities of state-owned enterprises (5 percent);
e) effective, proportional, and deterrent sanctions for failure to comply with the requirements with respect to submission and disclosure of legislatively mandated information about the operations of a state-owned enterprise and a municipally-owned enterprise, for incompleteness or inaccuracy of such information, or for failing to comply with the requirements with respect to the format of its submission and disclosure are imposed in an impartial and unbiased manner (5 percent);
f) an efficient, effective, and sufficient exchange of data on the activities of state-owned and municipal enterprises has been introduced (5 percent).
30%

Key sources of assessment:

Additional sources of information: