Problem

2.6.5. Corruption risks during the formulation and implementation of staffing policy in the field of defense, conscription (admission) to military service, admission to higher military educational institutions, education and service outside the country, organizational and staffing activities, and awarding of state awards

General information about the problem

In 2020, Ukraine was recognized as a member of NATO’s Enhanced Opportunities Program, which means further deepening cooperation between Ukraine and the Alliance. In view of this, it is necessary to adapt the basic principles of the Armed Forces to the international principles of the armed forces of NATO member states.
One of the priority areas of reforming the Armed Forces in accordance with NATO principles is personnel management. To date, a number of legislative acts have been adopted (draft acts have been developed) to introduce transparent, fair and clear procedures for the enlistment of citizens for military service under contract in the Armed Forces, recruitment, placement, assignment of regular military ranks, appointment to positions and awarding of state decorations to military personnel, and the creation of an effective system of military career management based on NATO principles.
However, some issues remain unresolved.
In practice, as a result of a formal approach to determining whether candidates meet the requirements for conscription or admission to military service in the Armed Forces, there are cases of enlistment persons who are unfit (partly fit) for health reasons, with psychological disabilities, various types of addictions, low level of physical fitness, moral and psychological qualities, etc. When assigning military ranks to military personnel, appointing them to positions, sending them abroad for military service and training, or discharging them from military service, subjective decision-making may be present in the process of making relevant personnel decisions, which leads to the spread of corrupt practices in this area. Regulatory acts do not establish clear and understandable procedures for rotation (transfer) of military personnel between positions in order to improve their skills and help them gain experience or to use them more efficiently. Therefore, decision-making in these aspects may be subjective and lead to abuse by individual officials in making the relevant personnel decisions. Another problem is the procedure for paying the military personnel a relocation allowance. The peculiarity of calculating this allowance is that the timeliness and completeness of its payment to military personnel depends entirely on the human factor.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 3
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
2 1 4 6
13
Partially implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 2 (15.4%)

Deadlines for all measures

01.03.2023 - 31.12.2025

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

Ministry of Defenсe of Ukraine

16.7%
12

National Agency on Corruption Prevention

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 3

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 2.6.5.1 Appointments to positions are made on a competitive basis with the involvement of competitive selection and certification committees; an integrity check mechanism is being implemented 2.6.5.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Decree of the President of Ukraine on amendments to the Regulation on Military Service by Citizens of Ukraine in the Armed Forces of Ukraine, approved by the Decree of the President of Ukraine dated December 10, 2008, No. 1153, which provides for (updates): 1) the appointment of military personnel to positions with staff categories that match their actual military ranks; 2) the procedure for awarding the next military rank to military personnel with their simultaneous appointment to higher-ranking positions based on the rating principle (on a competitive basis); 3) minimum and maximum periods of service with a specific military rank; 4) probation procedure during recruitment of Ukrainian citizens for military service under contract in order to determine their fitness for military positions; 5) procedure for expelling cadets pursuing higher or pre-university military education (if they choose not to continue their studies, due to disciplinary misconduct, systematic violations of contractual conditions by military personnel, failure to adhere to the curriculum (individual study plan), refusal to continue military service in positions held by officers, sergeants, and petty officers after their graduation from a military educational institution). Ministry of Defenсe of Ukraine The measure was implemented on time, but partially Partially implemented
0% 0/ 4
1.2. 2.6.5.1.2. Developing the draft order of the Ministry of Defense on amendments to the Guidelines on Organizing the Implementation of the Regulation on Military Service by Citizens of Ukraine in the Armed Forces of Ukraine, approved by the order of the Ministry of Defense dated April 10, 2009, No. 170, which stipulates that: 1) appointment to higher-level positions shall be made according to the rating principle (on a competitive basis) with the involvement of committees selecting candidates for positions and committees on military service; 2) each member of the military force shall be rated against specific criteria: evaluation of achievements in military service in specific areas and/or specialties, appropriate level of military (professional military) education, military training and command of a foreign language, involvement in (experience commanding) combat missions, special operations, etc.; 3) a representative of the anticorruption organizational unit shall be among the committee members; 4) the procedure for conducting the competitive selection process (appointment) for a higher-level position involves an integrity check (specifically by administering a psycho-physiological test with the use of the lie detector), as well as by conducting interviews during which the standard of reasonable doubt is used for integrity evaluation; 5) the criteria of integrity acceptable for military positions and procedures (protocols) of their verification / evaluation. Ministry of Defenсe of Ukraine Implementation of the measure has not started Not started
1.3. 2.6.5.1.3. Holding a public discussion of the draft order indicated in subclause 2.6.5.1.2, and ensuring its revision (if needed) Ministry of Defenсe of Ukraine Implementation of the measure has not started Not started
1.4. 2.6.5.1.4. Issuing the order indicated in subclause 2.6.5.1.2 Ministry of Defenсe of Ukraine Implementation of the measure has not started Not started
2.1. ESR 2.6.5.2 Staff rotation is ensured, and individuals who have violated the requirements pertaining to prevention and resolution of conflicts of interest, other requirements, prohibitions and restrictions established by the Law of Ukraine On Prevention of Corruption are identified 2.6.5.2.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing amendments to military regulations (incorporated into the Unified Regulations of the Armed Forces) with respect to defining the specific considerations of applying anticorruption restrictions and resolving the conflict of interest under the conditions of military service Ministry of Defenсe of Ukraine The measure has not been implemented Not implemented
0% 0/ 6
2.2. 2.6.5.2.2. Conducting an annual public discussion of anticorruption efforts in the defense sector National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
2.3. 2.6.5.2.3. Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Decree of the President of Ukraine on amendments to the Regulation on Military Service by Citizens of Ukraine in the Armed Forces of Ukraine, approved by the Decree of the President of Ukraine dated December 10, 2008, No. 1153, which provides for the rotation (transfer) of military personnel between the relevant positions with a view to improving their qualifications and helping them acquire essential experience or using their resources more efficiently Ministry of Defenсe of Ukraine The measure was implemented on time, but partially Partially implemented
2.4. 2.6.5.2.4. Developing the draft order of the Ministry of Defense on amendments to the Guidelines on Organizing the Implementation of the Regulation on Military Service by Citizens of Ukraine in the Armed Forces of Ukraine, approved by the order of the Ministry of Defense dated April 10, 2009, No. 170, which defines the procedure for rotation (transfer) of military personnel between the relevant positions once every three to five years Ministry of Defenсe of Ukraine Implementation of the measure has not started Not started
2.5. 2.6.5.2.5. Holding a public discussion of the draft order indicated in subclause 2.6.5.2.4, and ensuring its revision (if needed) Ministry of Defenсe of Ukraine Implementation of the measure has not started Not started
2.6. 2.6.5.2.6. Issuing the order indicated in subclause 2.6.5.2.4 Ministry of Defenсe of Ukraine Implementation of the measure has not started Not started
3.1. ESR 2.6.5.3 The mechanism for obtaining the assignment allowance has been simplified and clearly regulated 2.6.5.3.1. Drafting an order on amendments to the order of the Ministry of Defense dated February 5, 2018, No. 45 On Approval of the Procedure for Paying the Relocation Allowance to Military Personnel of the Armed Forces of Ukraine to ensure the digitization of the process of arranging the payment of the relocation allowance, which provides for: 1) the online submission of documents for the payment of the relocation allowance; 2) using automated data processing systems to handle the processes of processing, calculating, and paying monthly basic allowances and additional kinds of monetary allowances and one-time additional kinds of monetary allowances as well as compensations Ministry of Defenсe of Ukraine The measure has not been implemented Not implemented
0% 0/ 3
3.2. 2.6.5.3.2. Holding a public discussion of the draft order indicated in subclause 2.6.5.3.1, and ensuring its revision (if needed) Ministry of Defenсe of Ukraine The measure has not been implemented Not implemented
3.3. 2.6.5.3.3. Issuing the order indicated in subclause 2.6.5.3.1 Ministry of Defenсe of Ukraine The measure has not been implemented Not implemented

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: