Direction 2.4.
Public and private sectors of the economy
31.8%
35 /
110
0.0%
Problem 2.4.1.
The existing governance model at public sector entities is ineffective, resulting in losses and corruption
24%
6 /
25
0.0%
1.1
ОСР
2.4.1.1.
The principles of state ownership policy approved by the Cabinet of Ministers of Ukraine are periodically updated and consistently implemented in practice by entities that perform the functions of the owner of public sector entities
2.4.1.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that proposes to provide for:
1) the adoption of the State Ownership Policy by the Cabinet of Ministers of Ukraine;
2) the development and adoption of individual ownership policies at state-owned enterprises;
3) the requirements for the contents of the relevant ownership policies (in particular, they must outline the objectives of state ownership, the key tasks of state-owned companies, and principal kinds of business, and performance indicators).
Ministry of Economy of Ukraine
The measure was implemented on time, but partially
Partially implemented
20%
1 /
5
0.0%
1.2
2.4.1.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft State Ownership Policy
Ministry of Economy of Ukraine
Implementation of the measure has started on time
In progress
1.3
2.4.1.1.3 Preparing drafts of individual ownership policies for at least 15 of the largest (in terms of the cumulative value of assets) enterprises under state ownership, which are of strategic importance for the national economy and security
Authorized management bodies
Not started
1.4
2.4.1.1.4 Holding consultations with stakeholders regarding the drafts of individual ownership policies indicated in subclause 2.4.1.1.3, obtaining expert opinions
Authorized management bodies
Not started
1.5
2.4.1.1.5 Revising the drafts of individual ownership policies indicated in subclause 2.4.1.1.3 (if needed), approving and making them public
Authorized management bodies
Not started
2.1
ОСР
2.4.1.2.
The functions of the owner, the regulator, and the agency shaping the policy applicable to business entities in the public sector of the economy have been segregated
2.4.1.2.1 Preparing an analytical report containing analysis of:
1) international standards and best practices in matters of segregation of the functions of the owner, the regulator, and the agency shaping the policy applicable to business entities in the public sector of the economy;
2) the relevant international experience in matters of segregation of the functions of the owner, the regulator, and the agency shaping the policy applicable to business entities in the public sector of the economy;
3) the national context of the operations of business entities in the public sector of the economy and segregation of the functions of the owner, the regulator, and the agency shaping the policy applicable to business entities in the public sector of the economy;
4) the feasibility and expediency of creating a centralized body for coordination of ownership;
5) the operating principles of the administration of the centralized ownership coordination authority, particularly as a way to prevent it from being subjected to political influence (if creating the administration of the centralized ownership coordination authority has been found to be expedient)
Ministry of Economy of Ukraine
Implementation of the measure has started on time
In progress
0%
0 /
3
0.0%
2.2
2.4.1.2.2 Discussing the report indicated in subclause 2.1.3.2.2 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Ministry of Economy of Ukraine
Not started
2.3
2.4.1.2.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to segregate the functions of the owner, the regulator, and the policymaking agency with respect to business entities in the public sector of the economy, taking into account the outcomes of the activities indicated in subclauses 2.4.1.2.1 and 2.4.1.2.2
Ministry of Economy of Ukraine
Not started
3.1
ОСР
2.4.1.3.
An annual independent audit of public sector entities that are of strategic importance to the economy and security of the state has been introduced; periodic revision of the criteria for mandatory independent audits and the establishment of supervisory boards at public sector entities, including taking into account the level of corruption risks and the degree to which the relevant sector of the economy is affected by corruption
2.4.1.3.1 Preparing an analytical report for a substantiated definition of the criteria for a mandatory independent audit of enterprises under state ownership or establishing a mandatory independent audit for all state-owned enterprises without exception
Ministry of Economy of Ukraine
The measure was not implemented on time and in full
Implemented
20%
1 /
5
0.0%
3.2
2.4.1.3.2 Discussing the report indicated in subclause 2.4.1.3.1 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
3.3
2.4.1.3.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft normative legal act that would define the criteria for a mandatory independent audit of enterprises under state ownership or establish a mandatory independent audit for all state-owned enterprises without exception
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
3.4
2.4.1.3.4 Preparing a periodic analytical report (within the 1st quarter of the year in which this report is to be prepared) on the substantiated definition of the criteria for mandatory formation of independent supervisory boards at state-owned enterprises and conducting an independent audit of such enterprises (if the independent audit is not mandated for all state-owned enterprises without exception)
Ministry of Economy of Ukraine
Not started
3.5
2.4.1.3.5 Discussing the report (within the 2nd quarter of the year in which the report was prepared) indicated in subclause 2.4.1.3.4 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Ministry of Economy of Ukraine
Not started
4.1
ОСР
2.4.1.4.
At all business entities for which the establishment of supervisory boards is mandatory, such boards are empowered to control the implementation of internal anticorruption measures. Supervisory boards are formed in a competitive and transparent manner
2.4.1.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) defines a competitive and transparent procedure for forming supervisory boards of state-owned enterprises;
2) defines requirements for independent members of supervisory boards of state-owned enterprises;
3) defines the functional duties of members of supervisory boards of state-owned enterprises;
4) provides for the need to develop a methodology for defining clear and transparent performance indicators for supervisory boards of state-owned enterprises;
5) defines an exhaustive list of grounds for termination of the powers of members of supervisory boards at state-owned enterprises, and their liability for improper discharge of their duties.
Ministry of Economy of Ukraine
The measure was implemented late and partially
Partially implemented
50%
1 /
2
0.0%
4.2
2.4.1.4.2 Forming supervisory boards at state-owned enterprises for which the creation of supervisory boards is mandated
State authorities — subjects of management of state-owned objects
Not started
5.1
ОСР
2.4.1.5.
Corporate governance standards have been introduced at public sector entities that are of strategic importance for the national economy and security or have the highest level of corruption risks, or are among the most important business entities in the defense industry (in particular, the right to terminate the contract with managers who violate anticorruption legislation or rules of ethical conduct has been established)
2.4.1.5.1 Preparing an analytical report on the strategic assessment of corruption risks in the operations of a state-owned enterprise and identification of enterprises with the highest levels of corruption risks
National Agency on Corruption Prevention
The measure was not implemented on time and in full
Implemented
25%
2 /
8
0.0%
5.2
2.4.1.5.2 Discussing the report indicated in subclause 2.4.1.5.1 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
National Agency on Corruption Prevention
The measure was not implemented on time and in full
Implemented
5.3
2.4.1.5.3 Preparing an analytical report outlining the list of state-owned enterprises of strategic importance for the nation’s economy and security or those with the highest level of corruption risks or enterprises that are the most critical business entities in the defense industry
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
5.4
2.4.1.5.4 Discussing the report indicated in subclause 2.4.1.5.3 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
5.5
2.4.1.5.5 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft action plan to align the corporate governance system of business entities identified following the activities indicated in subclauses 2.4.1.5.1—2.4.1.5.4 with corporate governance standards of the Organization for Economic Cooperation and Development (hereinafter “the OECD”), which provides for, inter alia, the competitive selection of managers, heads of executive authorities, and members of supervisory boards of entities in the public sector of the economy, which has been suspended due to the institution of martial law, for the period beginning with 2023
Ministry of Economy of Ukraine
Implementation of the measure has not started
Not started
5.6
2.4.1.5.6 Preparing the annual report (within the 1st quarter of the year) on the progress made in implementing the action plan to align the corporate governance system of specific business entities with corporate governance standards of the OECD (including for the period of 2021 and 2022), which should include recommendations on revising the aforementioned action plan (if needed)Preparing the annual report (within the 1st quarter of the year) on the progress made in implementing the action plan to align the corporate governance system of specific business entities with corporate governance standards of the OECD (including for the period of 2021 and 2022), which should include recommendations on revising the aforementioned action plan (if needed)
Ministry of Economy of Ukraine
Implementation of the measure has not started
Not started
5.7
2.4.1.5.7 Preparing the legal framework that would provide for the possibility of early termination of contracts with managers exercising the powers of a one-person executive body, or with members of a collective executive body of state-owned enterprises of strategic importance for the nation’s economy and security or those with the highest level of corruption risks or enterprises that are the most critical business entities in the defense industry, if such individuals have committed gross violations of the requirements of anticorruption legislation or the code of ethics
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
5.8
2.4.1.5.8 Amending the existing contracts with managers exercising the powers of a one-person executive body, or with members of a collective executive body of state-owned enterprises of strategic importance for the nation’s economy and security or those with the highest level of corruption risks or enterprises that are the most critical business entities in the defense industry, if such individuals have committed gross violations of the requirements of anticorruption legislation or the code of ethics
Ministry of Economy of Ukraine
Implementation of the measure has not started
Not started
6.1
ОСР
2.4.1.6.
A system of internal control and risk management has been introduced at public sector entities
2.4.1.6.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to:
1) define the requirements for the implementation of an internal control system at state-owned enterprises, which includes the functions of compliance, risk management, and internal audit (“three lines of defense” model);
2) balance the internal control system with the implementation of anticorruption programs, including corruption risk management;
3) define the powers of the supervisory board to exercise control over the functioning of the internal control system (at enterprises where audit committees have been formed pursuant to the Law of Ukraine On Audit of Financial Statements and Audit Practice), which includes implementing internal anticorruption measures
Ministry of Economy of Ukraine
The measure was implemented late and partially
Partially implemented
50%
1 /
2
0.0%
6.2
2.4.1.6.2 Implementing an internal control and risk management system at state-owned enterprises
Ministry of Economy of Ukraine
Not started
Problem 2.4.2.
Insufficient transparency of privatization procedures and failure by buyers to comply with the terms of the sale of the privatized asset
10%
1 /
10
0.0%
1.1
ОСР
2.4.2.1.
Instruments have been put in place to prevent the negative impact of privatization authorities and organizers of privatization auctions on the number of bidders and competition.
2.4.2.1.1 Supporting the consideration in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) of the draft law on the list of facilities under state ownership that are ineligible for privatization (registration number 4020 dated September 2, 2020), which defines the list of facilities under state ownership that are ineligible for privatization
Ministry of Economy of Ukraine
There is no progress in the implementation of the measure
In progress
50%
1 /
2
0.0%
1.2
2.4.2.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on approval of the Procedure for Holding Electronic Auctions to Sell Assets of Major Privatization and Choosing the Winning Bidder Based on the Outcome of the Electronic Auction
State Property Fund of Ukraine
The measure was implemented on time and in full
Implemented
2.1
ОСР
2.4.2.2.
The most common problems encountered in the performance by buyers of the mandatory conditions of the sale and/or operation of a privatized asset have been assessed; the findings of this assessment have been factored into the practices of privatization authorities
2.4.2.2.1 Preparing an analytical report on the most common problems encountered in the performance by buyers of the mandatory conditions of the sale and/or operation of a privatized asset
State Property Fund of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
3
0.0%
2.2
2.4.2.2.2 Discussing the report indicated in subclause 2.4.2.2.1 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
State Property Fund of Ukraine
Not started
2.3
2.4.2.2.3 Eliminating the most common problems encountered in the performance by buyers of the mandatory conditions of the sale and/or operation of a privatized asset
State Property Fund of Ukraine
Not started
3.1
ОСР
2.4.2.3.
Small-scale privatization or lease of state and municipal property is carried out using the electronic system Prozorro.Sale and in compliance with the principles of fair competition
2.4.2.3.1 Preparing an analytical report on the causes of low competition during state or municipal property lease auctions
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
5
0.0%
3.2
2.4.2.3.2 Discussing the report indicated in subclause 2.4.2.3.1 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
3.3
2.4.2.3.3 Eliminating the discovered causes of low competition during state or municipal property lease auctions
Ministry of Economy of Ukraine
Implementation of the measure has not started
Not started
3.4
2.4.2.3.4 Developing and approving the procedure of data exchange between the Prozorro.Sale electronic system and the online platform for managing rent of state property with respect to property that has been or is being rented out
State Property Fund of Ukraine
The measure has not been implemented
Not implemented
3.5
2.4.2.3.5 Ensuring data exchange and interoperability between the Prozorro.Sale electronic system and the online platform for managing rent of state property with respect to property that has been or is being rented out
State Property Fund of Ukraine
Implementation of the measure has started on time
In progress
Problem 2.4.3.
The insufficient scope of publicly available information about business entities in which the state has an ownership stake significantly reduces the transparency of their activities, complicates public control and fosters corruption.
15.4%
2 /
13
0.0%
1.1
ОСР
2.4.3.1.
On the basis of the Unified Register of State-Owned Properties, a register of state and municipal unitary enterprises, as well as business companies in which more than 50 percent of the authorized capital stock (equity) belongs to the state or a territorial community, has been created and populated with data, with mandatory publication of information on the activities of such legal entities in accordance with international standards, including information on government aid received
2.4.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to improve the functioning of the Unified Register of State-Owned Properties and provide for the creation of an information resource based on the relevant register, which would publicize information about enterprises under state and municipal ownership, particularly by:
1) defining the mechanism of cooperation between the participants involved in the process of forming the Unified Register of State-Owned Properties;
2) defining a clear procedure of periodic submission of information by managed entities to the Unified Register of State-Owned Properties, as well as the procedure by which they shall submit information following changes affecting state-owned properties;
3) providing for the mandatory annual publication of aggregated reports on the 100 largest state-owned enterprises;
4) defining the scope of publication of information about the operations of state-owned enterprises in accordance with the OECD Guidelines on Corporate Governance in State-Owned Enterprises;
5) defining the criteria based on which centralized submission of information to the information resource designed for publication of data on enterprises under state and municipal ownership is mandatory for enterprises under municipal ownership;
6) defining the scope of publication of information about the operations of enterprises under municipal ownership in accordance with the OECD Guidelines on Corporate Governance in State-Owned Enterprises;
7) providing for the publication of information about government aid received by enterprises under state ownership and enterprises under municipal ownership;
8) instituting effective, proportional, and deterrent sanctions for failure to comply with the requirements with respect to submission and disclosure of legislatively mandated information about the operations of a state-owned enterprise and a municipally-owned enterprise, for incompleteness or inaccuracy of such information, or for failing to comply with the requirements with respect to the format of its submission and disclosure.
State Property Fund of Ukraine
The measure was implemented late and partially
Partially implemented
15.4%
2 /
13
0.0%
1.2 (2)
2.4.3.1.2 (2) Drafting normative legal acts (amendments to normative legal acts) aimed at the implementation of the provisions of the law indicated in subclause 2.4.3.1.1
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
1.2 (1)
2.4.3.1.2 (1) Drafting normative legal acts (amendments to normative legal acts) aimed at the implementation of the provisions of the law indicated in subclause 2.4.3.1.1
State Property Fund of Ukraine
The measure was implemented late and partially
Partially implemented
1.3 (1)
2.4.3.1.3 (1) Holding a public discussion of the draft normative legal acts indicated in subclause 2.4.3.1.2, and ensuring their revision (if needed)
State Property Fund of Ukraine
The measure has not been implemented
Not implemented
1.3 (2)
2.4.3.1.3 (2) Holding a public discussion of the draft normative legal acts indicated in subclause 2.4.3.1.2, and ensuring their revision (if needed)
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
1.4 (1)
2.4.3.1.4 (1) Adopting the normative legal acts indicated in subclause 2.4.3.1.2 and, as appropriate, performing their state registration or submitting them to the Cabinet of Ministers of Ukraine
State Property Fund of Ukraine
Implementation of the measure has not started
Not started
1.4 (2)
2.4.3.1.4 (2) Adopting the normative legal acts indicated in subclause 2.4.3.1.2 and, as appropriate, performing their state registration or submitting them to the Cabinet of Ministers of Ukraine
Ministry of Economy of Ukraine
Implementation of the measure has not started
Not started
1.5
2.4.3.1.5 Holding trainings on the application of the provisions enacted upon the entry into force of the law indicated in subclause 2.4.3.1.1
State Property Fund of Ukraine
Not started
1.6
2.4.3.1.6 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft normative legal act approving the new version of the Regulation on the Unified Register of State-Owned Properties as well as the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, which is a component of the relevant register
State Property Fund of Ukraine
Implementation of the measure has not started
Not started
1.7
2.4.3.1.7 Developing software and configuring hardware required for updating of the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises
State Property Fund of Ukraine
Not started
1.8
2.4.3.1.8 Ensuring integration or data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the Prozvit analytical portal
State Property Fund of Ukraine
Not started
1.9
2.4.3.1.9 Ensuring integration or data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the Best Zvit Oracle automated electronic document exchange system
State Property Fund of Ukraine
Not started
1.10
2.4.3.1.10 Ensuring data exchange and interoperability between the Unified Register of State-Owned Properties, including the information resource for publishing information about state-owned enterprises and municipally-owned enterprises, and the register of government aid for business entities
State Property Fund of Ukraine
Not started
Problem 2.4.4.
A high level of tolerance of corruption in the private sector of the economy
41.9%
26 /
62
0.0%
1.1
ОСР
2.4.4.1.
Legislation has been amended to introduce incentives for the private sector to improve business integrity
2.4.4.1.1 Arranging an analytical study to determine the feasibility of amendments to the Criminal Code and the Criminal Procedure Code of Ukraine and other laws to integrate the recommendations of the OECD:
1) expanding the grounds for imposition of criminal penalties on legal entities to include crimes of corruption committed not only by an authorized representative for and on behalf of the legal entity, but also by the ultimate beneficial owner (controller), a lower-level employee of the legal entity, and third parties;
2) providing for such a kind of a remedy under criminal law as restricting a legal entity from engaging a certain kind of activity (including by revoking a previously issued permit and/or license);
3) providing for such a kind of a remedy under criminal law as imposing a compliance obligation on a legal entity, and compiling the list of such obligations;
4) allowing the court to exempt a legal entity from penalties under criminal law or mitigate the penalty imposed on the legal entity if the court has found that the compliance rules, mechanisms of internal control, and anticorruption program in place at the legal entity are effective, or that sufficient efforts were made to prevent the commission of the crime of corruption;
5) granting the court powers to impose specific obligations on a legal entity, so that when such obligations are performed the legal entity will not be criminally prosecuted;
6) providing for the possibility of legal entities entering into an agreement on deferral of judicial prosecution;
7) setting forth the requirements for the agreement on deferral of judicial prosecution.
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
33.3%
5 /
15
0.0%
1.2
2.4.4.1.2 Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.4.4.1.1, followed by its expert discussion
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
1.3
2.4.4.1.3 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft laws proposing amendments to the Criminal Code and the Criminal Procedure Code of Ukraine as well as other laws of Ukraine that would integrate the OECD recommendations based on the findings of the analytical study indicated in subclause 2.4.4.1.1
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
1.4
2.4.4.1.4 Analyzing the provisions of the OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
National Anti-Corruption Bureau of Ukraine
The measure has not been implemented
Not implemented
1.5
2.4.4.1.5 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL]
National Anti-Corruption Bureau of Ukraine
The measure has not been implemented
Not implemented
1.6
2.4.4.1.6 Analyzing the provisions of the OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
Ministry of Economy of Ukraine
The measure was implemented on time and in full
Implemented
1.7
2.4.4.1.7 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163]
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
1.8
2.4.4.1.8 Analyzing the provisions of the OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
Ministry of Finance of Ukraine
The measure was implemented on time and in full
Implemented
1.9
2.4.4.1.9 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)]
Ministry of Finance of Ukraine
The measure was implemented on time, but partially
Partially implemented
1.10
2.4.4.1.10 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to legislative acts with a view to implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, with the exception of the amendments indicated in subclauses 3.3.1.1.3, 3.3.1.2.3, 3.3.2.1.1 і 3.3.2.4.1
National Anti-Corruption Bureau of Ukraine
The measure has not been implemented
Not implemented
1.11
2.4.4.1.11 Ensuring the regular participation of Ukrainian representatives in meetings of the OECD Working Group on Combating Bribery in International Business Transactions
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
There is no progress in the implementation of the measure
In progress
1.12
2.4.4.1.12 Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Law of Ukraine On Ratification of the Agreement (via an Exchange of Letters) on Ukraine’s Accession to the OECD Working Group on Combating Bribery in International Business Transactions
Ministry of Foreign Affairs of Ukraine
The measure was implemented on time, but partially
Partially implemented
1.13
2.4.4.1.13 Arranging the payment of fees to the OECD Working Group on Combating Bribery in International Business Transactions for participation in the group’s activities
Ministry of Finance of Ukraine
There is no progress in the implementation of the measure
In progress
1.14
2.4.4.1.14 Ensuring Ukraine’s successful in-depth cross-examination by the OECD to verify Ukraine’s readiness for membership in the OECD Working Group on Combating Bribery in International Business Transactions, and invitation for Ukraine to join it as a full member
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
Not started
1.15
2.4.4.1.15 Arranging the ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
Not started
2.1
ОСР
2.4.4.2.
Permanent and effective cooperation has been established among public authorities, the business community, the Council of the Business Ombudsperson, and the Ukrainian Network of Integrity and Compliance on issues pertaining to protection of legitimate business interests, analyzing systemic problems and developing amendments to legislation, promoting a business culture of integrity, ethics, and accountability
2.4.4.2.1 Participation by representatives of government agencies in activities conducted as part of the annual month of business integrity of compliance practitioners of the Ukrainian Network of Integrity and Compliance
Ministry of Economy of Ukraine
There is no progress in the implementation of the measure
In progress
0%
0 /
5
0.0%
2.2
2.4.4.2.2 Developing a mechanism for publication of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine
Ministry of Digital Transformation of Ukraine
Not started
2.3
2.4.4.2.3 Public discussion of the developed mechanism for publication of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine, review of mechanism improvement proposals
Ministry of Digital Transformation of Ukraine
Not started
2.4
2.4.4.2.4 Implementing the mechanism for publication of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine
Ministry of Digital Transformation of Ukraine
Not started
2.5
2.4.4.2.5 Quarterly updating of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine
Ministry of Digital Transformation of Ukraine
Not started
3.1
ОСР
2.4.4.3.
The Council of the Business Ombudsperson, business representatives, collective action initiatives, business associations and trade unions have developed a concept for implementation of anticorruption standards in the private sector of the economy
2.4.4.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to authorize the National Agency to develop anticorruption standards for the private sector of the economy in line with international standards and European Union standards
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
25%
1 /
4
0.0%
3.2
2.4.4.3.2 Developing the draft of anticorruption standards for the private sector of the economy
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
3.3
2.4.4.3.3 Holding a public discussion of the draft indicated in subclause 2.4.4.3.2, obtaining expert opinions and revising the draft
National Agency on Corruption Prevention
Implementation of the measure has started on time
In progress
3.4
2.4.4.3.4 Approving the revised draft indicated in subclause 2.4.4.3.2
National Agency on Corruption Prevention
Not started
4.1
ОСР
2.4.4.4.
Methodological assistance has been provided to private business entities on the practice of applying anticorruption standards, identifying corruption risks in their operations, as well as developing and implementing effective anticorruption programs aimed at eliminating these risks
2.4.4.4.1 Developing and approving methodological documents on building an integrity-based (effective) organization, identifying and eliminating risks of corruption in the operations of a legal entity, particularly:
1) when analyzing agreements and contracts signed with legal entities;
2) during business hospitality events;
3) in employment relations;
4) in matters of ensuring observance of sanctions laws;
5) when business entities engage in charitable activities.
National Agency on Corruption Prevention
There is progress in the implementation of the measure
In progress
0%
0 /
2
0.0%
4.2
2.4.4.4.2 Developing and approving methodological documents on the practice of application of standards of integrity (anticorruption standards), particularly in matters of:
1) organizing the workflows of the anticorruption compliance function and anticorruption compliance units;
2) the content of job descriptions with the functions of anticorruption compliance officers or individuals tasked with performing their functions;
3) conducting anticorruption compliance investigations.
National Agency on Corruption Prevention
Implementation of the measure has started on time
In progress
5.1
ОСР
2.4.4.5.
In cooperation with the business community, assistance has been provided to legal entities under private law in developing and improving their codes of integrity based on best corporate governance practices
2.4.4.5.1 Developing the draft of the model code of integrity, which contains provisions on:
1) corporate values and the corporate code of conduct;
2) liability for violations of this code;
3) ethical standards of the hiring process, assurance of equal opportunities for workers to avoid discrimination against them;
4) the procedure for interacting with civil servants, public relations, and dealing with business partners;
5) corporate social accountability and charitable donations;
6) conflict of interest and its resolution;
7) gifts and entertainment (including trips for clients) and lobbying fees;
8) political activity;
9) antimonopoly policy and unscrupulous competition;
10) protection of the legal entity’s property, confidential information and personal data, intellectual property.
National Agency on Corruption Prevention
Implementation of the measure has started on time
In progress
0%
0 /
3
0.0%
5.2
2.4.4.5.2 Holding a public discussion of the draft of the model code of integrity indicated in subclause 2.4.4.5.1, obtaining expert opinions and revising the draft
National Agency on Corruption Prevention
Not started
5.3
2.4.4.5.3 Approving the revised model code of integrity indicated in subclause 2.4.4.5.1
National Agency on Corruption Prevention
Not started
6.1
ОСР
2.4.4.6.
Effective mechanisms for verification of information on the ultimate beneficial owners of legal entities under private law in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations have been introduced
2.4.4.6.1 Developing the draft Regulation on the Form and Substance of the Structure of Ownership of a Legal Entity
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
77.3%
17 /
22
0.0%
6.2
2.4.4.6.2 Clearing the draft Regulation indicated in subclause 2.4.4.6.1 with the concerned agencies
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
6.3
2.4.4.6.3 Approving the Regulation indicated in subclause 2.4.4.6.1, ensuring its state registration
Ministry of Finance of Ukraine
The measure has not been implemented
Not implemented
6.4
2.4.4.6.4 Developing the draft of the Regulation on the Form and Substance of the Structure of Ownership of Legal Entities Subject to State Regulation and Oversight by the National Securities and Stock Market Commission (NSSMC)
National Commission on Securities and Stock Market
The measure was implemented on time and in full
Implemented
6.5
2.4.4.6.5 Clearing the draft Regulation indicated in subclause 2.4.4.6.4 with the concerned agencies
National Commission on Securities and Stock Market
The measure was not implemented on time and in full
Implemented
6.6
2.4.4.6.6 Approving the Regulation indicated in subclause 2.4.4.6.4
National Commission on Securities and Stock Market
The measure was not implemented on time and in full
Implemented
6.7
2.4.4.6.7 Developing and submitting to the Cabinet of Ministers of Ukraine and the National Bank the draft Methodology for Determining the Ultimate Beneficial Owner by a Legal Entity
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
6.8
2.4.4.6.8 Developing and submitting to the Cabinet of Ministers of Ukraine the draft Procedure for automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers
Ministry of Digital Transformation of Ukraine
The measure was implemented late and partially
Partially implemented
6.9
2.4.4.6.9 Developing the draft of the Procedure by which a legal entity must submit explanations and documents to prove information about ultimate beneficial owners and the structure of ownership, as well as the procedure for reviewing them
Ministry of Justice of Ukraine
The measure was implemented on time, but partially
Partially implemented
6.10
2.4.4.6.10 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.9, obtaining expert opinions and revising the draft
Ministry of Justice of Ukraine
The measure has not been implemented
Not implemented
6.11
2.4.4.6.11 Clearing the draft procedure indicated in subclause 2.4.4.6.9 with the concerned agencies
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.12
2.4.4.6.12 Approving the revised draft procedure indicated in subclause 2.4.4.6.9
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.13
2.4.4.6.13 Developing the draft of the Procedure by which the holder of the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations shall be notified by reporting entities about any discovered discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities
Ministry of Justice of Ukraine
The measure was implemented late and partially
Partially implemented
6.14
2.4.4.6.14 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.13, obtaining expert opinions and revising the draft
Ministry of Justice of Ukraine
The measure has not been implemented
Not implemented
6.15
2.4.4.6.15 Approving the revised draft procedure indicated in subclause 2.4.4.6.13
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.16
2.4.4.6.16 Developing the draft of the Procedure by which reporting entities shall relay information to the specially authorized agency about any discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.17
2.4.4.6.17 Approving the draft Procedure indicated in subclause 2.4.4.6.16
Ministry of Justice of Ukraine
The measure was not implemented on time and in full
Implemented
6.18
2.4.4.6.18 Developing the draft of the Procedure for holding legal entities liable and the procedure for determining the amount of fines for entering or submitting false information about the ultimate beneficial owner of the legal entity (or the absence thereof), failure to submit or late submission of said information
Ministry of Justice of Ukraine
The measure was not implemented on time and in full
Implemented
6.19
2.4.4.6.19 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.18, obtaining expert opinions and revising the draft
Ministry of Justice of Ukraine
The measure has not been implemented
Not implemented
6.20
2.4.4.6.20 Approving the revised draft procedure indicated in subclause 2.4.4.6.18
Ministry of Justice of Ukraine
The measure was not implemented on time and in full
Implemented
6.21
2.4.4.6.21 Providing the technical capability to make a notation in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations about a potentially misleading nature of the information about the ultimate beneficial owner or the structure of ownership of the legal entity and about the National Bank having found the structure of ownership of the legal entity to be nontransparent (transparent)
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.22
2.4.4.6.22 Ensuring the technical capability to perform automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers
Ministry of Digital Transformation of Ukraine
Implementation of the measure was started late
Not implemented
7.1
ОСР
2.4.4.7.
A law on administrative procedure has been adopted, which defines the right of a person to be heard in the face of a pending unfavorable administrative act, ensures balanced decisions that legitimately balance public and private interests, defines the specifics of administrative proceedings in cases involving a large number of persons, and establishes the obligation to provide reasoning for decisions and specify the procedure for appealing them
2.4.4.7.1 Monitoring and issuing substantiated opinions objecting to the draft laws that provide for a postponement of the effective date of the Law of Ukraine On the Administrative Procedure by more than 18 months from the date of its publication, i.e. after December 15, 2023
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
40%
2 /
5
0.0%
7.2
2.4.4.7.2 Monitoring and issuing substantiated opinions objecting to the draft laws that propose amendments that would narrow down the subject matter of the effect of the Law of Ukraine On the Administrative Procedure
Ministry of Justice of Ukraine
There is progress in the implementation of the measure
In progress
7.3
2.4.4.7.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to align legislative acts with the provisions of the Law of Ukraine On the Administrative Procedure (in accordance with the plan of implementation of the Law of Ukraine On the Administrative Procedure)
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
7.4
2.4.4.7.4 Monitoring and issuing substantiated opinions objecting to the draft laws that propose regulating aspects of administrative procedures and are substantially inconsistent with the Law of Ukraine On the Administrative Procedure
Ministry of Justice of Ukraine
There is progress in the implementation of the measure
In progress
7.5
2.4.4.7.5 Arranging the training of civil servants and officials of local self-government bodies under professional development programs focusing on the general administrative procedure
National Agency of Ukraine on Civil Service
There is progress in the implementation of the measure
In progress
8.1
ОСР
2.4.4.8.
The law on administrative fees has been adopted, which defines the concept, kinds, and functions of administrative fees, the principles by which they are charged, paid, and used
2.4.4.8.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on the administrative fee that would define:
1) the concept, kinds, and functions of the administrative fee;
2) the principles of charging, paying, and using the administrative fee;
3) the unified criteria for charging and not charging fees for administrative services, particularly the need to establish which services should be paid for exclusively by law;
4) the minimum amount of the administrative fee;
5) specific and balanced amounts of the administrative fee for key administrative services in accordance with the relevant list;
6) the possibility of reducing or increasing the amount of the administrative fee bearing in mind the form and timeframe of the administrative service.
Ministry of Digital Transformation of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
4
0.0%
8.2
2.4.4.8.2 Developing the draft of the Procedure for compiling the list of expenditures for the provision of an administrative service (prime cost) and using it to determine the amount of the administrative fee
Ministry of Digital Transformation of Ukraine
Not started
8.3
2.4.4.8.3 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.8.2, and ensuring its revision (if needed), approval, and submission for state registration
Ministry of Digital Transformation of Ukraine
Not started
8.4
2.4.4.8.4 Supporting the state registration of the draft order indicated in subclause 2.4.4.8.2 and its official publication
Ministry of Digital Transformation of Ukraine
Not started
9.1
ОСР
2.4.4.9.
Legislation establishes the obligation of internal auditors to report the facts of corruption and corruption-related offenses they have discovered
2.4.4.9.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend Article 61 of the Law and provide for the obligation of the employee of the legal entity conducting an internal audit to notify the specially authorized anticorruption entity as well as the officer responsible for preventing corruption in the operations of the legal entity, the manager of the legal entity, or the founders (shareholders) of the legal entity about any instances of corruption and corruption-related offenses, as well as instances where attempts were made to incite corruption in the operations of the legal entity
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
100%
1 /
1
0.0%
10.1
ОСР
2.4.4.10.
The law on the Institution of the Business Ombudsperson has been adopted, which will help prevent corruption and corruption-related offenses or other violations of the legitimate rights and interests of business entities affected by unscrupulous conduct (actions, decisions and/or omission to act) on the part of government agencies and local self-government bodies
2.4.4.10.1 Supporting the consideration of the Draft Law of Ukraine On the Institution of the Business Ombudsperson in Ukraine (registration number 3607 dated June 5, 2020) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law)
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
1
0.0%