Problem

1.3.4. There are no legislative standards for ethical conduct of MPs, members of local councils, and elected local self-government officials. The existing rules of ethical conduct are not properly implemented due to the failure of managers to exercise their powers to hold violators of such rules liable.

General information about the problem

Compliance with ethical rules of conduct by members of the Parliament of Ukraine, members of local councils, and elected officials of local self-government during the term of their representative powers is important for building trust in such individuals and support of their constituents, and ensures the establishment of feedback between society and its elected representatives.
Moreover, the requirements of international acts, recommendations of the Group of States against Corruption (GRECO) as part of the fourth round of evaluation “Prevention of Corruption among Members of Parliament, Judges and Prosecutors”, recommendations based on the findings of the European Parliament’s special mission in 2015-2016 necessitate adopting codified acts regulating the rules of ethical conduct.
Currently, the rules governing ethical conduct of Ukrainian Parliament members, local councilor members, and elected local self-government officials, including the obligations to observe the relevant rules, are contained in various laws whose provisions have flaws, including the declarative nature of certain rules, the lack of rules that mandate ethical conduct at committee meetings, official events, and during contacts with the press, the lack of sufficient effective mechanisms of legal influence on Ukrainian Parliament members, local council members, and elected local self-government officials for breach of codes of professional ethics.
Also, there is currently no effective mechanism for monitoring and enforcement of the relevant rules of ethical conduct, including filing and review of complaints, the procedure for imposing sanctions for violation of the rules of ethical conduct, which is an important guarantee of public trust in elected officials.
The obligation to comply with the rules of ethical conduct is imposed on both elected officials and public officials, the majority of whom are civil servants.
Practical experience shows that in many cases when it comes to the need for agency control over compliance by a civil servant with the rules of ethical conduct, the manager of the civil service sends the information that needs to be verified to the National Agency, even though the instruments for initiating an investigation into possible violations of the rules of ethical conduct by civil servants and the possibility of holding a civil servant liable fall within the scope of authority of the manager of the civil service.
Failure of the respective managers to take measures to bring their subordinates to disciplinary liability for violations of the rules of ethical conduct should result in actual negative consequences for such managers.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 3
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
1 3 2
6
Implemented In progress Not started
Measures implemented (fully and partially) - 1 (16.7%)

Deadlines for all measures

01.03.2023 - 31.10.2024

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

National Agency on Corruption Prevention

16.7%
6

Achievement of ESR within the limits of the Problem

The total number of OSR – 3

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 1.3.4.1 The rules of ethical conduct of members of the Parliament of Ukraine, members of local councils, and elected local self-government officials have been established at the legislative level with the implementation of mechanisms of holding violators liable; members of the Parliament of Ukraine, members of local councils, and elected local self-government officials are familiar with the rules of ethical conduct 1.3.4.1.1. Supporting the consideration of the Draft Law of Ukraine On Amendments to Select Legislative Acts of Ukraine Pertaining to the Rules of Ethical Conduct of the Parliament Members of Ukraine (Ethical Code of Conduct) (registration number 8327 dated December 30, 2022) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
100% 3/ 3
1.2. 1.3.4.1.2. Conducting an analytical study and preparing an analytical report on the current status of issues concerning the observance of the ethical code of conduct by members of local councils and elected officials of local self-government bodies, as well as the possible mechanisms for holding such officials liable for violations of this code National Agency on Corruption Prevention The measure was not implemented on time and in full Implemented
1.3. 1.3.4.1.3. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft law that incorporates the findings of the analytical report indicated in subclause 1.3.4.1.2, which will make it possible to: 1) improve the existing ethical code of conduct of members of local councils; 2) establish the procedure and time frame for holding liable the members of local councils and elected officials of local self-government bodies for violating the standards (rules) of ethical conduct; 3) designate the agency to monitor observance of standards (rules) of ethical conduct by members of local councils and elected officials of local self-government bodies; 4) implement a procedure by which citizens could report unethical conduct by members of local councils and elected officials of local self-government bodies. National Agency on Corruption Prevention Implementation of the measure has started on time In progress
2.1. ESR 1.3.4.2 Measures for holding managers liable for failing to respond as mandated by law to instances of gross violations of anticorruption legislation have been implemented 1.3.4.2.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to establish a mechanism for holding liable all categories of managers for failing to respond to confirmed facts of gross violations of anticorruption legislation by their subordinates National Agency on Corruption Prevention Implementation of the measure has started on time In progress
0% 0/ 1
3.1. ESR 1.3.4.3 The monitoring of the effectiveness of measures towards holding members of the Parliament of Ukraine, members of local councils, and elected local self-government officials liable for violations of the ethical code of conduct has been ensured 1.3.4.3.1. Preparing and publicizing a report on the findings of the monitoring of the effectiveness of efforts to hold accountable the Parliament Members of Ukraine, members of local councils, and elected officials of local self-government bodies for violations of rules of ethical conduct (with recommendations on ways to improve the legislation and practices of its enforcement) National Agency on Corruption Prevention Not started
0% 0/ 2
3.2. 1.3.4.3.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law based on the recommendations indicated in subclause 1.3.4.3.1, which proposes to improve the grounds and mechanisms for holding accountable the Parliament Members of Ukraine, members of local councils, and elected officials of local self-government bodies for violations of rules of ethical conduct (if necessary) National Agency on Corruption Prevention Implementation of the measure has not started Not started

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: