Feedback from the public

ESR

1.3.1.6. Effective, complete, objective, and impartial risk-based monitoring and control over compliance with the requirements for preventing and resolving conflicts of interest and related restrictions set forth in Sections IV-V of the Law of Ukraine On Prevention of Corruption is ensured, in particular with the use of IT tools that effectively identify decisions and legal transactions made in conditions of a conflict of interest, ensure proper response to violations identified, as well as to decisions made in violation of the requirements of this Law

Problem solving:

1.3.1. Flaws of legislation and the lack of effective risk-based mechanisms for detecting conflicts of interest limit the ability to minimize corruption by preventing and resolving conflicts of interest.

Deadlines for all measures within ESR

01.03.2023 - 31.03.2024

Implementation of SACP measures within ESR

Total number of measures – 3
1 2
Implemented Not implemented

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

National Agency on Corruption Prevention

33.3%
3

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 1.3.1.6.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) defines the powers of the National Agency to carry out monitoring focusing, among other things, on compliance with other requirements and restrictions prescribed by Sections IV-V of the Law, which are aimed at preventing a conflict of interest;
2) corrects inaccuracies in the wording of the rights of the National Agency in Article 12 of the Law with respect to obtaining information and documents and responding to any detected violations of the requirements of the Law;
3) eliminates the discrepancy between the provisions of the Law and provisions of other laws, which makes it impossible to obtain certain classified information, particularly information that contains a secret of a pretrial investigation or concerns a customs case;
4) revokes the powers of the Council of Judges of Ukraine to monitor compliance with the law pertaining to the resolution of conflicts of interest in the work of judges, and instead grant the powers of the Council of Judges of Ukraine to resolve conflicts of interest of judges.
National Agency on Corruption Prevention The draft law has been submitted to the Parliament of Ukraine.
The measure has not been implemented
Not implemented
2 1.3.1.6.2 Creating a system for ranking and analysis of information contained in the IT system Unified State Register of Declarations of Officials Authorized to Carry out Functions of State or Local Self-Government, which will identify risks of violations of the requirements of legislation on the prevention and resolution of conflicts of interest by declarants National Agency on Corruption Prevention The system has been created, and the data obtained is used to identify risks.
The measure was not implemented on time and in full
Implemented
3 1.3.1.6.3 Developing the “Hidden Interests” IT product National Agency on Corruption Prevention The IT product has been improved by enhancing the existing algorithm used to track down ties and by adding new risk identification algorithms.
The measure has not been implemented
Not implemented

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 come into force that helps to improve the effectiveness of the exercise of the National Agency’s powers to conduct risk-based monitoring, in particular by:
a) defining the powers of the National Agency to carry out monitoring focusing, among other things, on compliance with other requirements and restrictions prescribed by Sections IV-V of the Law, which are aimed at preventing a conflict of interest (15 percent);
b) correcting inaccuracies in the wording of the rights of the National Agency in Article 12 of the Law with respect to obtaining information and documents and responding to any detected violations of the requirements of the Law (15 percent);
c) eliminating the discrepancy between the provisions of the Law and provisions of other laws, which makes it impossible to obtain certain classified information, particularly information that contains a secret of a pretrial investigation or concerns a customs case (15 percent);
d) revoking the powers of the Council of Judges of Ukraine to monitor compliance with the law pertaining to the resolution of conflicts of interest in the work of judges, and instead grant the powers of the Council of Judges of Ukraine to resolve conflicts of interest of judges (15 percent).
60%
2 Technical preconditions have been created for implementation of risk-based monitoring of compliance with the requirements pertaining to prevention and resolution of conflicts of interest and related restrictions defined in Sections IV and V of the Law, by launching a system for ranking and analysis of information contained in the IT system of the Unified State Register of Declarations of Officials Authorized to Carry out Functions of State or Local Self-Government, which will identify risks of violations of the requirements of legislation on the prevention and resolution of conflicts of interest by declarants. 25%
3 The share of decisions and legal transactions made under conditions of a conflict of interest detected with the help of IT tools specified in subclause 2 of clause 1.3.1.6 is at least 5 percent of the total number of detected violations. 15%

Key sources of assessment:

Additional sources of information: