Problem

1.5.2. Excessive influence on political parties and election campaigns by specific individuals and legal entities leads to the prevalence of private interests over public ones in representative bodies

General information about the problem

The main reasons for the problem of excessive influence on political parties and election campaigns by specific individuals and legal entities, which leads to the prevalence of private interests over public ones in representative bodies, are:
the possibility of contributions to political parties by individuals who do not have a sufficient legitimate income to afford such contributions are possible due to gaps in legislation, namely:
- the lack of legislative prescription of the correlation between the amount of contributions made by individuals to political parties and their income that can be officially proven;
- no legal prohibition of contributions by individuals acting on behalf of third parties, in particular representatives of financial and industrial groups, oligarchs;
failure to extend the mechanism of allocation of state funding for statutory activities of political parties to political parties that have not cleared the statutory threshold in the election of Parliament members but have received significant support from voters. Such parties become an attractive target for "investments" by certain individuals, which leads to their financial dependence on such individuals and/or legal entities, and thus creates preconditions causing such parties to defend the private interests of their sponsors rather than the public interest of voters;
the absence of a list of prohibitions on the use of state funding by political parties and legislatively defined priority areas for the spending of these funds, as a result of which all expenses incurred by political parties can be attributed to the costs of “statutory activities”. Given the fact that the term “statutory activities” is not defined in the legislation and no priority areas for the spending of state funding are established, this gap in the legislation may lead to the channeling of these funds for other purposes, including in the interests of third parties;
the lack of a procedure for the use of electronic media, outdoor advertising, social media and other online platforms for election campaigning, which gives rise to "hidden advertising" disguised as regular news and publications, which misleads voters and violates the principle of free and equal elections.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 4
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
1 1
2
Implemented Not started
Measures implemented (fully and partially) - 1 (50%)

Deadlines for all measures

01.03.2023 - 30.04.2023

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

National Agency on Corruption Prevention

100%
1

Ministry of Culture and Strategic Communications of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 4

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 1.5.2.1 Contributions to political parties by individuals who do not have a sufficient legitimate income to afford such contributions have been rendered impossible 1.5.2.1.1. 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, the Law of Ukraine On Political Parties of Ukraine towards minimizing the potential oligarchic influence on political parties and improving the mechanism of state funding of statutory activities of a political party, which proposes: 1) limiting the total annual amount (sum) of contributions in support of a political party per citizen of Ukraine: no more than 20 percent of the citizen’s cumulative income over the past five calendar years; 2) prohibiting individuals acting in the interests of a third party from making contributions in support of political parties National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 1/ 1
4.1. ESR 1.5.2.4 The procedure for using online mass media, outdoor advertising, social media and other online platforms for election campaign purposes has been established 1.5.2.4.1. Supporting the consideration of the Draft Law of Ukraine On Amendments to the Election Code of Ukraine Towards Improvement of the Regulation of the Communications Support of Elections and Pre-election Campaigning (registration number 8310 dated December 27, 2022) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) Ministry of Culture and Strategic Communications of Ukraine Implementation of the measure has not started Not started
0% 0/ 1

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: