Problem

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

General information about the problem

The main factor behind the existence of the vast majority of real and potential corrupt practices when it comes to ensuring the integrity of political parties and election campaigns is the non-transparent mechanism of formation, legalization, operation, and liquidation of political parties due to:
unfavorable conditions at the legislative level for the creation of political parties, in particular, the complex procedure for the establishment and state registration of political parties;
a political system that includes political parties that have not participated in the election process for a long time;
failure to align the charters of political parties with the requirements of the legislation, taking into account the fact that registration of such constitutional documents and amendments to them show signs of a formal approach;
a burdensome and complicated mechanism of voluntary liquidation of a political party and its organizational units;
no restrictions on the right to participate in elections for a political party that systematically violates its obligation to report to the National Agency.
The problem is further complicated by the restrictive measures imposed by the Cabinet of Ministers of Ukraine to prevent the spread of COVID-19 in Ukraine and the temporary occupation of part of Ukraine as a result of the armed aggression of the Russian Federation.
At the same time, the National Agency is involved in addressing this issue at the legislative level.
Pursuant to a decision of the Parliamentary Committee on Digital Transformation, a working group has been formed to prepare a draft law on political parties, which includes a representative of the National Agency. The provisions of the draft law are aimed at solving problems related to simplifying the procedure for establishing political parties; purging the political system of parties that have not participated in elections for a long time; aligning the charters of political parties with the requirements of the law and banning political parties that commit systematic violations of the law from participating in elections.
The existing procedure of voluntary liquidation of a political party and its organizational units is burdensome and complicated for leaders and members of a political party due to the large number of organizational units, which makes the ineligible for the simplified liquidation procedure.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 5
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
1 7
8
Implemented Not started
Measures implemented (fully and partially) - 1 (12.5%)

Deadlines for all measures

01.03.2023 - 31.03.2025

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

National Agency on Corruption Prevention

25%
4

The Central Election Commission of Ukraine

0%
2

Ministry of Justice of Ukraine

0%
2

Achievement of ESR within the limits of the Problem

The total number of OSR – 5

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

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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 1.5.1.1 Favorable conditions have been created at the legislative level for the creation of political parties, in particular, the procedure for the establishment and state registration of political parties has been simplified 1.5.1.1.1. 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 Implementation of the measure has not started Not started
0% 0/ 1
2.1. ESR 1.5.1.2 The political system has been purged of political parties that have not participated in national elections for 10 years, in accordance with the requirements of the Law of Ukraine On Political Parties in Ukraine 1.5.1.2.1. Preparation and submission by the Central Electoral Commission to the Ministry of Justice of 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 at least five regional councils in local elections as of January 1 of the relevant year The Central Election Commission of Ukraine Implementation of the measure has not started Not started
0% 0/ 4
2.2. 1.5.1.2.2. Annual submission (by February 1) by the Central Electoral Commission to the Ministry of Justice of 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 at least five regional councils in local elections as of January 1 of the relevant year The Central Election Commission of Ukraine Implementation of the measure has not started Not started
2.3. 1.5.1.2.3. Preparation and filing of lawsuits by the Ministry of Justice seeking the annulment of state registration of political parties based on information received 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 Ministry of Justice of Ukraine Implementation of the measure has not started Not started
2.4. 1.5.1.2.4. Annual publication of statistical data on political parties against which courts have issued decisions in cases initiated by lawsuits indicated in subclause 1.5.1.2.4 Ministry of Justice of Ukraine Implementation of the measure has not started Not started
4.1. ESR 1.5.1.4 The procedure for voluntary termination of a political party and its organizational units has been simplified at the legislative level 1.5.1.4.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to establish a simplified procedure for voluntary termination of a political party and its organizational units where this party has had no assets, income, expenditures, and financial liabilities for the past three years National Agency on Corruption Prevention Not started
0% 0/ 2
4.2. 1.5.1.4.2. Drafting a normative legal act that would define the form of the application (under the simplified procedure) for voluntary termination of a political party and its organizational units where this party has had no assets, income, expenditures, and financial liabilities for the past three years National Agency on Corruption Prevention Not started
5.1. ESR 1.5.1.5 The law establishes a list of systematic material violations of the requirements of the legislation on political parties, which may result in restrictions on participation of political parties in the electoral process based on a court decision 1.5.1.5.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Law of Ukraine On Amendments to Select Legislative Acts of Ukraine Towards Minimizing the Potential Oligarchic Influence on Political Parties, Involvement of Individuals Living with Disabilities in the Activity of Political Parties, and Improvement of the Mechanism of State Funding of Statutory Activities of a Political Party, which stipulates that reports on assets, income, expenditures, and financial obligations of political parties indicated in Article 17 of the Law of Ukraine On Political Parties in Ukraine, which have not been submitted by political parties in the previous reporting periods during the measures to prevent the contracting and spread of the COVID-19 acute respiratory disease caused by the SARS-CoV-2 coronavirus, during the quarantine imposed by the Cabinet of Ministers of Ukraine, as well as during marital law, shall be submitted to the National Agency no later than the 40th day after the end of the reporting quarter that follows the quarter in which martial law as suspended or abolished National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 1/ 1

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: