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ESR

1.5.1.3. The charters of political parties have been aligned with the requirements of the law, and the formal approach to the registration of constitutional documents of parties and amendments to them has been eliminated

Problem solving:

1.5.1. The cumbersome and nontransparent mechanism by which parties are formed, operated, and terminated

Deadlines for all measures within ESR

01.03.2023 - 01.01.1970

Implementation of SACP measures within ESR

Total number of measures – 1

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

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	1.5.1.3.1 Supporting the consideration of the Draft Law of Ukraine On Political Parties in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) after holding consultations with the Cabinet of Ministers of Ukraine and the Parliament of Ukraine, which would: 1) create favorable conditions for the creation and state registration of political parties by excluding the requirement that the decision to form a political party must be preceded by collecting at least 10,000 signatures of citizens of Ukraine who, under the Constitution of Ukraine, have the right to vote in elections, collected in at least two-thirds of districts of the cities of Kyiv and Sevastopol, as well as at least two-thirds of districts of the Autonomous Republic of Crimea; 2) obligate the Central Electoral Commission to submit annually (by February 1) to the Ministry of Justice the information about political parties that did not nominate and register over the past ten years their candidates for the elections of the President of Ukraine, the elections of people’s deputies of Ukraine, or candidates for seats with least five regional councils in local elections as of January 1 of the relevant year; 3) obligate the Ministry of Justice to file a lawsuit seeking the annulment of state registration of a political party upon receiving information from the Central Electoral Commission about political parties that did not nominate and register over the past ten years their candidates for the elections of the President of Ukraine, the elections of people’s deputies of Ukraine, or candidates for seats with at least five regional councils in local elections as of January 1 of the relevant year; 4) define the principles according to which political parties should be formed and operated, in particular: rule of law, legality, respect for the constitutional system and sovereignty of the state, zero tolerance of discrimination, equality and intra-party democracy, representativeness, institutionalization, transparency and openness of the activities of the political party; 5) define the requirements for the contents of a political party’s charter, which includes defining the following in the charter: the scope and term of powers of governing, controlling, inspecting and other statutory bodies of a political party, and the procedure for changing their composition; the procedure and guarantees of convention of extraordinary congresses (assemblies, conferences) by a political party, particularly when demanded by a specific number of party members and/or when demanded by organizations of the party; the general structure and powers of structural units of a political party; 6) stipulate that political parties must form arbitration bodies authorized to examine the issues of performance of charter requirements by party members, as well as the procedure for contesting the decisions, actions or omissions by arbitration bodies of political parties; 7) restrict the political party’s right to run in the elections if this party has failed to submit a report on assets, income, expenditures, and financial liabilities to the National Agency for two or more consecutive times or at least three times within the past two reporting years; 8) define a new mechanism of allocation of budget funding to provide financial support to parties that have not cleared the legislatively prescribed threshold in the elections of people’s deputies of Ukraine: political parties are entitled to receive state funding if they scored at least 2 percent of votes in the most recent scheduled or early election of people’s deputies of Ukraine in the nationwide multi-mandate constituency out of the total number of votes cast for all rosters of candidates for people’s deputies of Ukraine in the nationwide multi-mandate constituency; 9) define an exhaustive list of: a) prohibitions for political parties from spending funds received as part of state funding, particular to: finance activities that are not covered by the charter of the political party or are prohibited by the charter; repay any debt incurred by the political party before the day immediately following the day of the opening of the first session of the Parliament of Ukraine of the new convocation; transfer them to election funds; b) priority avenues for the spending of funds received by political parties as part of state funding, particularly for the development of political parties in line with their statutory objectives, improving the quality of communications and ties of political parties with voters, and increasing the interest of women and young people in political activism; 10) define monitoring as a system of ongoing observation of financial and business activities and other activities of political parties for the purposes of risk identification; 11) define the entity responsible for approving the rules of monitoring of financial and business activities and other activities of political parties.	National Agency on Corruption Prevention		The law has been signed by the President of Ukraine.		Not started

Indicators of achievement of ESR

Total number of indicators – 2

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 2

Summarized general information about Achievement Indicators

№	Indicators	Weight (%)
№	Indicators	Weight (%)	1	A law has taken effect, which: а) defines the principles of creation and operation of political parties, in particular: rule of law (2 percent); legality (1 percent); respect of the constitutional system and sovereignty of the state (2 percent); nondiscrimination (2 percent); observance of equality and intra-party democracy (2 percent); representative nature (2 percent); institutionalization (2 percent); transparency and openness of the activities of the political party (2 percent); b) The requirements for the content of the charter of a political party have been defined, including, in particular, the stipulation that the charter must define: the scope and term of powers of governing, controlling, inspecting and other statutory bodies of a political party, and the procedure for changing their composition (5 percent); the procedure and guarantees of convention of extraordinary congresses (assemblies, conferences) by a political party, particularly when demanded by a specific number of party members and/or when demanded by organizations of the party (5 percent); the general structure and powers of structural units of a political party (5 percent); c) An approach has been proposed whereby parties shall create arbitration bodies authorized to examine issues relating to the fulfillment of the requirements of the party’s charter, and at the same time the decisions, actions, or omissions to act on the part of arbitration bodies of a political party can be appealed in court in the manner prescribed by the Code of Administrative Procedure of Ukraine (30 percent).	60%
2	The ratio of political parties whose charters have been aligned with legislative requirements to the total number of political parties is: а) more than 75 percent of parties (40 percent); b) more than 50 percent of parties (20 percent); c) less than 25 percent of parties (10 percent).	40%

ESR