Problem

The main reason for the existence of the vast majority of corrupt practices that cause the greatest economic, organizational, and other harm to the state and society is the generally poor quality of normative legal acts regulating the relevant aspect of public life, as well as the fact that they contain a number of provisions (factors fostering corruption) that, individually or in combination with other provisions, can contribute to the commission of corruption or corruption-related offenses.
The generally low quality of normative legal acts in Ukraine is primarily due to the lack of legislative prescription of the general principles and procedure for lawmaking in Ukraine, as well as the absence of legislatively defined rules for overcoming various types of conflicts and complex forms of competition between legal norms. To a large extent, this situation is due to the fact that lawmakers do not apply in practice the approaches developed in the world’s leading democracies to the cycle of formulation, coordination, monitoring, and evaluation of public policy, do not sufficiently study the general situation in the relevant area, do not properly analyze problems in each area, do not use legal forecasting tools, and neglect the elaboration of scientifically sound concepts of legislative development. One of the main reasons for the poor quality of draft laws is the total overload of the Parliament of Ukraine and its staff, due to the need for constant support, substantive processing and consideration of several thousand draft laws, a significant number of which require a more detailed study of the overall situation in the relevant area or a thorough analysis of the problems.
The primary factors that significantly limit the effectiveness of anticorruption expert examination include the objective challenges faced by the Ministry of Justice in ensuring systematic anticorruption expert examination of draft laws and existing laws, the need to update the procedure and methodology for conducting anticorruption expert examinations by the National Agency, and inadequate consideration of the results of anticorruption expert examination (particularly the public one).
Given the lack of proper legal regulation of lawmaking in Ukraine, as well as the failure to apply the principles and approaches to the public policymaking cycle, legislation is characterized by a large number of factors fostering corruption that have translated into sustainable corrupt practices.