Problem

1.1.2. Unsystematic amendments to anticorruption legislation adversely impact the effectiveness of enforcement of the law

General information about the problem

One of the most pressing problems in the legal system of Ukraine is the frequency of legislative amendments, particularly in matters of preventing and combating corruption, their unsystematic nature and inadequate quality. For example, since the beginning of 2019, 34 laws amending the Law of Ukraine On Prevention of Corruption have come into force, which hinders the development of a stable and predictable court practice involving the application of the provisions of this Law.
The reasons for the problem include inadequate planning of lawmaking efforts in matters of preventing and combating corruption; the lack of consistency in the study by lawmakers of the general situation in the relevant area of public life, the lack of practical research of the opinions of key stakeholders during the preparation and consideration of legislative proposals.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 2
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
Partially implemented In progress
Measures implemented (fully and partially) - 1 (50%)

Deadlines for all measures

01.06.2023 - 31.12.2025

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

National Agency on Corruption Prevention

100%
1

Ministry of Justice of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 2

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 1.1.2.1 The quality of anticorruption legislation is ensured by planning legislative work in accordance with the principles of anticorruption policy and multi-level expert examination with the involvement of the National Agency and the public (particularly by amending the legislation defining the procedures of drafting of normative legal acts) 1.1.2.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) defines the mechanism of coordination, monitoring, and assessment of the implementation of the legislation drafting plan of the Parliament of Ukraine 2) makes it mandatory to publish the report of the Parliament of Ukraine on the implementation of the legislation drafting plan for a specific year; 3) establishes that during preparation of the draft law for the first reading, the head committee must consider the anticorruption expert examination findings of the National Agency if it has been carried out under law National Agency on Corruption Prevention The measure was implemented late and partially Partially implemented
0% 0/ 1
2.1. ESR 1.1.2.2 Shortcomings in the application of legislation are detected based on the findings of analysis of the practice of application of laws conducted by the National Agency or other institutions authorized to do so, and are eliminated by making the appropriate amendments to legislation in a timely manner 1.1.2.2.1. Conducting ongoing legal monitoring with the use of legislatively prescribed methods and use its findings to determine the need to improve or revoke current or draft new normative legal acts, eliminate conflicts or gaps in legal regulation, and preparing the relevant reports on the findings of such monitoring Ministry of Justice of Ukraine There is no progress in the implementation of the measure In progress
0% 0/ 1

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: