Problem

1.5.3. The system for monitoring the funding of activities of political parties and the funding of their participation in elections needs improving

General information about the problem

The main reasons for the problem of a flawed system of control over the financing of political parties and their participation in elections are:
the inability to submit financial statements on the receipt and spending of election and referendum funds through the electronic reporting system.
Financial statements on the receipt and spending of election funds by political parties, their local organizations, candidates in national and local elections (hereinafter referred to as “financial statements of election process participants legally obligated to file reports”) are published by the National Agency in the public section of the electronic system of the Unified State Register of Reports of Political Parties on Assets, Income, Expenditures, and Financial Liabilities. At the same time, submission of financial statements on the receipt and spending of funds of referendums (nationwide or local), the initiative groups and campaigning for the initiative to hold them by political parties, public organizations registered as supporters or opponents of the referendum issue is mandated in hardcopy form and in electronic form simultaneously to two government agencies (the Central Electoral Commission and the National Agency). In this regard, the system of control over the financing of political parties and their participation in elections needs to be improved by enhancing the electronic system of the Unified State Register of Reports of Political Parties on Assets, Income, Expenditures, and Financial Liabilities. This will create an opportunity for political parties, their local organizations, candidates in national and local elections, as well as political parties and public organizations registered as supporters or opponents of a referendum (national or local) to submit and publish financial statements online on a single electronic platform;
the absence of automatic mode of auditing the financial statements of election process participants legally obligated to file reports.
The National Agency has begun implementing automatic verification of reports of political parties through integration with other information, telecommunication and reference systems, registers, and databases. However, the final adjustment is possible on condition that reporting gets reinstated and the automated system gets integrated with other databases.
The introduction of a mechanism for submitting financial statements of election process participants legally obligated to file reports through the electronic services of the National Agency is mandated by the relevant resolution of the Central Electoral Commission, which will enable automatic verification of compliance with the requirements of the law by these participants;
failure to apply a risk-based approach to controlling the activities of political parties, their local organizations, and candidates in national and local elections.
The National Agency applies a risk-based approach to controlling the activities of political parties by monitoring risks in their activities in accordance with approved internal methodological recommendations. At the same time, there is a need for a legislative definition of the powers of monitoring as continuous tracking of financial, economic, and other activities of political parties with the objective of identifying risks.
The Central Electoral Commission and the National Agency are responsible for monitoring the activities of election process participants. However, both institutions lack the essential resources and tools to effectively analyze candidates’ campaign expenditures or detect violations of the financing rules due to the large number of reports. The problem of limited resources in controlling the political financing and election campaigning can be solved by introducing selective control, taking into account the risks inherent financial, economic, and other activities of political parties, their local organizations, and candidates running in national and local elections;
ineffective division of powers between the Central Electoral Commission and the National Agency involving control over political financing and election campaigning. This is due to the absence of a legally defined single state body responsible for controlling (analyzing) financial statements on the receipt and spending of election funds of political parties, their local organizations, and candidates running in national and local elections. Thus, the analysis of financial statements on the receipt and spending of election funds is carried out by the Central Electoral Commission together with the National Agency, which leads to overlapping powers and, as a result, inefficient usage of resources.
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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 31.03.2024
is about to begin to be completed
3 4 2 9
18
Implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 3 (16.7%)

Deadlines for all measures

01.03.2023 - 31.12.2025

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

National Agency on Corruption Prevention

17.6%
17

The Central Election Commission of Ukraine

0%
1

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

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 1.5.3.1 An electronic system for submitting and publishing financial statements of political parties is functioning 1.5.3.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine draft laws that would provide for the submission and publication of all financial statements of participants of referendums in electronic form National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0/ 7
1.2. 1.5.3.1.2. Developing the draft of a normative legal act that would regulate the maintenance of the National Agency’s IT system that will support, among other things, the submission and publication of all financial statements of participants of referendums in electronic form National Agency on Corruption Prevention Not started
1.3. 1.5.3.1.3. Holding a public discussion of the draft act indicated in subclause 1.5.3.1.2, and ensuring its revision (if needed) National Agency on Corruption Prevention Not started
1.4. 1.5.3.1.4. Clearing the draft act indicated in subclause 1.5.3.1.2 with the concerned agencies National Agency on Corruption Prevention Not started
1.5. 1.5.3.1.5. Issuing the draft act indicated in subclause 1.5.3.1.2 National Agency on Corruption Prevention Not started
1.6. 1.5.3.1.6. Improving the Unified State Register of Reports of Political Parties on Assets, Income, Expenditures, and Financial Liabilities, which would enable submission of financial statements in electronic form by political parties, entities participating in the election process, and entities participating in referendums National Agency on Corruption Prevention Not started
1.7. 1.5.3.1.7. Developing and launching an automated information analysis system designed to support the automation of election processes at the Central Electoral Commission and lower-level electoral committees during elections The Central Election Commission of Ukraine There is no progress in the implementation of the measure In progress
2.1. ESR 1.5.3.2 Automatic verification of reports of political parties has been introduced through integration with other information, telecommunication and reference systems, registers, and databases 1.5.3.2.1. Developing drafts of joint acts of the National Agency and other government agencies that maintain information, communications, and directory systems, registers, databases, which would regulate the procedure, scope, and methods of exchange of information between the IT system of the National Agency and other electronic and directory systems, registers, and databases National Agency on Corruption Prevention The measure was not implemented on time and in full Implemented
300% 15/ 5
2.2. 1.5.3.2.2. Holding a public discussion of the draft acts indicated in subclause 1.5.3.2.1, and ensuring their revision (if needed) National Agency on Corruption Prevention The measure has not been implemented Not implemented
2.3. 1.5.3.2.3. Clearing the joint acts indicated in subclause 1.5.3.2.1 with the concerned agencies, conducting a legal expert examination National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
2.4. 1.5.3.2.4. Adopting the draft joint acts indicated in subclause 1.5.3.2.1 National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
2.5. 1.5.3.2.5. Verifying the financial statements submitted to the National Agency for the relevant period in automatic mode to check whether political parties have complied with legislative requirements pertaining to: 1) the timely submission of financial statements; 2) the complete disclosure of assets owned by the political party; 3) observance of limitations applicable to the amount of contributions made by individuals and legal entities to the political party; 4) observance of limitations applicable to contributions made to a political party by individuals or entities that are parties to a contract for the procurement of work, goods, or services for the needs of the state or a territorial community, which must not exceed the maximum amount for the year in which the contribution is made – for the duration of this contract and for one year following its expiration National Agency on Corruption Prevention Not started
3.1. ESR 1.5.3.3 The risk-based approach to overseeing the activities of political parties has been implemented 1.5.3.3.1. Drafting a normative legal act that would define the rules for conducting a random audit of financial statements of entities participating in the election process (other than candidates for the position of the President of Ukraine and political parties) in accordance with the predetermined risk criteria National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0/ 4
3.2. 1.5.3.3.2. Holding a public discussion of the draft act indicated in subclause 1.5.3.3.1, and ensuring its revision (if needed) National Agency on Corruption Prevention Not started
3.3. 1.5.3.3.3. Clearing the draft normative legal act indicated in subclause 1.5.3.3.1 with the concerned agencies, conducting a legal expert examination National Agency on Corruption Prevention Not started
3.4. 1.5.3.3.4. Quarterly notification by the National Agency of 100 percent of political parties whose activities have been found to contain risky transactions based on the findings of monitoring in the relevant quarter, in automatic mode National Agency on Corruption Prevention Implementation of the measure has started on time In progress
5.1. ESR 1.5.3.5 Effective division of powers between the Central Electoral Commission and the National Agency involving control over political financing and election campaigning has been ensured 1.5.3.5.1. Supporting the consideration of the draft amendments to the Election Code of Ukraine in the Parliament of Ukraine (particularly if the President of Ukraine vetoes it), which would: 1) mandate the electronic submission and disclosure of all financial statements of participants of the election process on the political finances portal of the National Agency; 2) mandate a complete audit of financial statements submitted by administrators of election funds of candidates for the position of the President of Ukraine and political parties, and random monitoring of the funding of election campaigns of other entities participating in the election process; 3) stipulate that the National Agency shall carry out the function of review (analysis) of financial statements reflecting the proceeds and spending of election funds. National Agency on Corruption Prevention Implementation of the measure has not started Not started
0% 0/ 2
5.2. 1.5.3.5.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to entirely delegate the function of review (analysis) of financial statements of participants of referendums to the National Agency National Agency on Corruption Prevention There is progress in the implementation of the measure In progress

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: