Problem
2.2.4. Ineffective government regulation, which hinders the growth of honest businesses and fosters corrupt practices
General information about the problem
The lack of essential reliable information and reasonable recommendations based on it significantly complicates decision-making in the field of public policy, including regulatory policy.
The main reasons for the problem are: insufficient quality of analytical documents; improper requirements for the supporting documents; the lack of knowledge, skills, and abilities of public policy makers; the lack of established methods for conducting analysis, consultations and preparation of reasonable recommendations; flawed public consultation procedures; the lack, irrelevance, and unreliability of data; the lack of traditions and public demands to justify the feasibility of decision-making and the substance of decisions.
The current system of remuneration of civil servants is characterized by significant disproportions, unjustified incentive payments, and low wages at the local level. Vesting managers with a significant amount of discretionary powers in determining the amount of salary leads to corruption risks. There is no functional classification of civil service positions, which makes it impossible to remunerate staff based on the functional specialization, complexity, and responsibility of the position.
The current mechanism of formation and allocation of the civil service payroll is not transparent. There is no legal certainty about the mechanism of planning and allocation of the payroll fund among state bodies.
The existing system of remuneration at local self-government bodies results in local self-government officials receiving different salaries for performing the same work (job duties) at the same local self-government body. The structure of salaries and the algorithm of their formation have led to unreasonably high or low salaries of officials.
In the forestry sector, there are problems with high corruption risks associated with illegal deforestation, a non-transparent and non-competitive timber market, and poor traceability of timber origin from the site of harvesting to the place of sale and export. This is due to weak control over the activities of forestry enterprises engaged in forestry, logging, sale and export of timber.
The imbalance in the system of legal relations between forestry entities is manifested in conflicts of interest in the management of state and municipal enterprises, and a low level of public trust when it comes to corruption risks in the forestry sector.
A key condition for implementing reforms in the telecommunications sector, as well as fulfilling the commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand (in particular, Directive (EU) 2018/1972), in this area is to ensure the independence and administrative capacity of the industry regulator.
At present, there is still a problem with the practical implementation of the reform, which is due to the lack of some of the bylaws necessary for the reform envisaged by the Law of Ukraine On Electronic Communications.
The main reasons for the problem are: insufficient quality of analytical documents; improper requirements for the supporting documents; the lack of knowledge, skills, and abilities of public policy makers; the lack of established methods for conducting analysis, consultations and preparation of reasonable recommendations; flawed public consultation procedures; the lack, irrelevance, and unreliability of data; the lack of traditions and public demands to justify the feasibility of decision-making and the substance of decisions.
The current system of remuneration of civil servants is characterized by significant disproportions, unjustified incentive payments, and low wages at the local level. Vesting managers with a significant amount of discretionary powers in determining the amount of salary leads to corruption risks. There is no functional classification of civil service positions, which makes it impossible to remunerate staff based on the functional specialization, complexity, and responsibility of the position.
The current mechanism of formation and allocation of the civil service payroll is not transparent. There is no legal certainty about the mechanism of planning and allocation of the payroll fund among state bodies.
The existing system of remuneration at local self-government bodies results in local self-government officials receiving different salaries for performing the same work (job duties) at the same local self-government body. The structure of salaries and the algorithm of their formation have led to unreasonably high or low salaries of officials.
In the forestry sector, there are problems with high corruption risks associated with illegal deforestation, a non-transparent and non-competitive timber market, and poor traceability of timber origin from the site of harvesting to the place of sale and export. This is due to weak control over the activities of forestry enterprises engaged in forestry, logging, sale and export of timber.
The imbalance in the system of legal relations between forestry entities is manifested in conflicts of interest in the management of state and municipal enterprises, and a low level of public trust when it comes to corruption risks in the forestry sector.
A key condition for implementing reforms in the telecommunications sector, as well as fulfilling the commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand (in particular, Directive (EU) 2018/1972), in this area is to ensure the independence and administrative capacity of the industry regulator.
At present, there is still a problem with the practical implementation of the reform, which is due to the lack of some of the bylaws necessary for the reform envisaged by the Law of Ukraine On Electronic Communications.
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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
6
1
11
3
21
Implemented
Partially implemented
In progress
Not started
Measures implemented (fully and partially) - 7 (33.3%)
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 of Ukraine on Civil Service
13
Ministry of Environmental Protection and Natural Resources of Ukraine
4
Ministry of Justice of Ukraine
1
State Forest Resources Agency of Ukraine
1
National Commission for the State Regulation of Electronic Communications, Radiofrequency Spectrum and the Provision of Postal Services
1
Ministry of Digital Transformation of Ukraine
1
Achievement of ESR within the limits of the Problem
The total number of OSR – 4