Problem

2.2.6. A significant number of administrators of government aid for business entities provide government aid that is illegal and has been recognized by the Antimonopoly Committee as inadmissible for competition, which has a negative impact on competition and may stem from prior corrupt arrangements.

General information about the problem

The main reason why administrators of government aid provide aid to business entities that is illegal and has a negative impact on competition is the lack of statutory liability for providing government aid without prior notification of the relevant authority (the Antimonopoly Committee). As a result, new government aid in respect of which the administrators do not submit the relevant notifications to the Antimonopoly Committee of Ukraine remains outside the scope of control and is illegal.
In the absence of state control, such government aid can be provided in cases when it is not really needed, provided in excessive amounts, or provided on a discriminatory basis that denies access to government aid to business entities that actually need it. Such circumstances create conditions provoking managers and other officials of government aid administrators to commit corruption or corruption-related offenses.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 1
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
2
2
Partially implemented
Measures implemented (fully and partially) - 2 (100%)

Deadlines for all measures

01.01.2024 - 30.09.2024

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

Antimonopoly Committee of Ukraine

100%
2

Achievement of ESR within the limits of the Problem

The total number of OSR – 1

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 2.2.6.1 Legislation establishes legal liability of officials who are administrators of government aid for violating the requirements of the Law of Ukraine On Government Aid to Business Entities by providing illegal and inadmissible government aid 2.2.6.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Law of Ukraine On Government Aid to Business Entities, which defines: 1) the kinds of liability of managers and other officers of the entities providing government aid for violating the requirements of the aforementioned Law, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment; 2) the obligation of the officials of the Antimonopoly Committee to report to the law enforcement agencies any detected punishable violations of the law committed by managers and other officials of entities providing government aid. Antimonopoly Committee of Ukraine The measure was implemented on time, but partially Partially implemented
0% 0/ 2
1.2. 2.2.6.1.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Code of Ukraine on Administrative Offenses, which defines: 1) the elements of violations of legislative requirements pertaining to government aid provided to business entities, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment; 2) sanctions for such violations. Antimonopoly Committee of Ukraine The measure was implemented on time, but partially Partially implemented

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: