SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Direction: 1.3. Resolution of the conflicts of interest, observance of general restrictions and bans, rules of ethical conduct

Progress in the implementation of measures as of 22.12.2024
measures, the implementation of which as of 30.09.2024
7 3 10 3
23
Implemented Partially implemented In progress Not started
Measures implemented (fully and partially) - 10 ( 43.5%)
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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Status % of measures implemented (fully and partially) Evaluation of achievement of ESR Середній рівень ОСР
Direction 1.3. Resolution of the conflicts of interest, observance of general restrictions and bans, rules of ethical conduct
43.5% 10 / 23
0.0%
Problem 1.3.1. Flaws of legislation and the lack of effective risk-based mechanisms for detecting conflicts of interest limit the ability to minimize corruption by preventing and resolving conflicts of interest.
54.5% 6 / 11
0.0%
1.1 ОСР 1.3.1.1. The legislative definitions of the terms "real conflict of interest", "potential conflict of interest", and "private interest" have been clarified to simplify their understanding and application. 1.3.1.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that proposing to introduce a new approach to defining the terms “potential conflicts of interest” and “real conflict of interest”, which makes it possible to clearly differentiate between the two concepts (specifically by updating or modifying such an attribute as the conflict between a private interest and official duties), refine the concept of “private interest”, and introduce the definition of the concept of “public interest” National Agency on Corruption Prevention The measure was implemented late and partially Partially implemented
100% 1 / 1
0.0%
2.1 ОСР 1.3.1.2. Improvements have been made to legislative procedures for reporting a conflict of interest and the mechanisms used to resolve it, particularly in relation to officials who do not have an immediate superior or occupy elective positions 1.3.1.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) establishes requirements with respect to the form of the conflict of interest statement; 2) provides for the algorithm of actions of the immediate superior of the person who has a conflict of interest, where the superior has no powers to apply a specific method of external resolution of the conflict of interest (such as transfer or dismissal); 3) aligns the provisions of the Law of Ukraine On Prevention of Corruption, specifically with respect to the person who must be informed about the conflict of interest and the person who must resolve the conflict of interest; 4) improves the mechanism of resolution of the conflict of interest for individuals who do not have an immediate superior, particularly those filling elective positions; 5) extends the term for making a decision on the resolution of the conflict of interest. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 1
0.0%
3.1 ОСР 1.3.1.3. Improvements have been made to the rules of independent and external resolution of a conflict of interest 1.3.1.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) expands the list of possible methods of independent resolution of the conflict of interest; 2) aligns the procedures of external and independent resolution of the conflict of interest, particularly in terms of the term for making a conflict of interest statement, the term for its resolution, and the term for its independent resolution National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 1
0.0%
4.1 ОСР 1.3.1.4. A list of prohibitions on decision-making, actions or legal transactions has been established as a way to prevent conflicts of interest 1.3.1.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that proposes prohibiting an official from making decisions, performing acts, or effecting legal transactions as a way to prevent a conflict of interest, particularly with respect to themselves and their next of kin, legal entities in which the official or their close relative is the founder, ultimate beneficial owner (controller) or manager of this legal entity National Agency on Corruption Prevention The measure was implemented late and partially Partially implemented
100% 1 / 1
0.0%
5.1 ОСР 1.3.1.5. The mechanisms for preventing conflicts of interest, in particular in connection with corporate rights, have been improved, in particular by instituting a ban on making decisions or taking actions in relation to legal entities in which a person has corporate rights 1.3.1.5.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) establishes the obligation to hand over businesses and corporate rights for management, where they have been acquired by the official after their appointment (election) to the position; 2) prohibits the official from handing over their businesses or corporate rights for management to their next of kin; 3) prohibits decision making or transactions involving legal entities, where a civil servant or their next of kin are founders, beneficiaries, or managers of such legal entities. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 1
0.0%
6.1 ОСР 1.3.1.6. Effective, complete, objective, and impartial risk-based monitoring and control over compliance with the requirements for preventing and resolving conflicts of interest and related restrictions set forth in Sections IV-V of the Law of Ukraine On Prevention of Corruption is ensured, in particular with the use of IT tools that effectively identify decisions and legal transactions made in conditions of a conflict of interest, ensure proper response to violations identified, as well as to decisions made in violation of the requirements of this Law 1.3.1.6.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) defines the powers of the National Agency to carry out monitoring focusing, among other things, on compliance with other requirements and restrictions prescribed by Sections IV-V of the Law, which are aimed at preventing a conflict of interest; 2) corrects inaccuracies in the wording of the rights of the National Agency in Article 12 of the Law with respect to obtaining information and documents and responding to any detected violations of the requirements of the Law; 3) eliminates the discrepancy between the provisions of the Law and provisions of other laws, which makes it impossible to obtain certain classified information, particularly information that contains a secret of a pretrial investigation or concerns a customs case; 4) revokes the powers of the Council of Judges of Ukraine to monitor compliance with the law pertaining to the resolution of conflicts of interest in the work of judges, and instead grant the powers of the Council of Judges of Ukraine to resolve conflicts of interest of judges. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
33.3% 1 / 3
0.0%
6.2 1.3.1.6.2 Creating a system for ranking and analysis of information contained in the IT system Unified State Register of Declarations of Officials Authorized to Carry out Functions of State or Local Self-Government, which will identify risks of violations of the requirements of legislation on the prevention and resolution of conflicts of interest by declarants National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
6.3 1.3.1.6.3 Developing the “Hidden Interests” IT product National Agency on Corruption Prevention There is no progress in the implementation of the measure In progress
7.1 ОСР 1.3.1.7. Systemic amendments have been made to the Laws of Ukraine On Service at Local Self-Government Bodies and On Local Self-Government in Ukraine in matters of prevention of conflicts of interest and the possibility of combining a position at local self-government bodies with the status of a people’s representative at a local council 1.3.1.7.1 Preparing an analytical report on the current status of the issue of application of the requirements of the Laws of Ukraine On Prevention of Corruption, On Service at Local Self-Government Bodies, On Local Self-Government in Ukraine, and On the Status of People’s Representatives at Local Councils in matters of prevention of conflicts of interest, the possibility of combining a position at local self-government bodies with the status of a people’s representative at a local council National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 3 / 3
0.0%
7.2 1.3.1.7.2 Discussing the conclusions and recommendations outlined in the analytical report indicated in subclause 1.3.1.7.1 with the participation of representatives of government agencies, local self-government bodies, other state agencies, NGOs, international organizations, international technical assistance projects, and the academic community National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
7.3 1.3.1.7.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that proposing to improve the legal regulation of the issues of prevention of conflicts of interest, the possibility of combining service positions at local self-government bodies with the status of a people’s representative at a local council, taking into account the findings of the analytical report indicated in subclause 1.3.1.7.1 National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
Problem 1.3.2. Legal regulation of prohibitions and restrictions on receiving gifts and being a party to certain legal relationships is flawed, and not all prohibitions are enforced by legal liability measures.
25% 1 / 4
0.0%
1.1 ОСР 1.3.2.1. The legislative definition of the concept of other paid activity for the purposes of the Law has been introduced 1.3.2.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to define the term “other paid work” for the purposes of the Law National Agency on Corruption Prevention The measure was implemented late and partially Partially implemented
100% 1 / 1
0.0%
2.1 ОСР 1.3.2.2. The list of cases exempted from the prohibition on receiving gifts has been updated, and the restrictions related to them have been improved (in particular, rules have been introduced for determine the period during which a person is prohibited from making decisions or acting in favor of the person who provided the gift) 1.3.2.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to: 1) improve the substance of the restriction pertaining to the acceptance of gifts, taking into account the need to maintain a fair balance between private interest and public interest; 2) expand the list of cases exempted from the prohibition on receiving gifts; 3) stipulate a limitation period during which a person is prohibited from making decisions or performing actions that benefit the gift giver. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 1
0.0%
3.1 ОСР 1.3.2.3. The rules for handling unjust enrichment or gift have been improved taking into account ways in which they can be received in intangible form 1.3.2.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law containing provisions that propose to improve: 1) the rules for handling a gift or unjust enrichment, particularly those received in intangible form; 2) the particulars of handling unjust enrichment or gift received in intangible form. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 1
0.0%
4.1 ОСР 1.3.2.4. The list of persons subject to limitations, particularly those pertaining to combination of positions or part-time jobs, serving on management boards, other executive or controlling bodies, the supervisory board of a for-profit organization has been expanded 1.3.2.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to expand the list of persons subject to limitations, particularly those pertaining to combination of positions or part-time jobs, serving on management boards, other executive or controlling bodies, the supervisory board of a for-profit organization National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 1
0.0%
Problem 1.3.3. The activities of entities that influence (lobby) the parliamentary decision-making process are non-transparent and non-public.
100% 2 / 2
0.0%
1.1 ОСР 1.3.3.1. Owing to regulatory and legal regulation, the activities of agents influence (lobbying) are carried out within the legal framework and have become understandable and transparent for the whole society 1.3.3.1.1 Conducting an analytical study of the legal mechanisms of lobbying employed in other countries in order to determine the model that could be applied in the legal system of Ukraine and would ensure a procedure of transparent influence on the process of administrative decision making exerted by the concerned commercial entities, NGOs, public associations, or separate individuals National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 2 / 2
0.0%
1.2 1.3.3.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to define: 1) the rules to be followed by officials of government agencies and local self-government bodies in interacting with stakeholders and agents of influence (lobbyists); 2) transparent mechanisms for influencing officials of government agencies and local self-government bodies; 3) mechanisms used to control lobbying activities and the agency authorized to exercise such control; 4) liability of the parties to lobbyist relationships for violation of rules governing their interaction and transparency of the lobbying process National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
Problem 1.3.4. There are no legislative standards for ethical conduct of MPs, members of local councils, and elected local self-government officials. The existing rules of ethical conduct are not properly implemented due to the failure of managers to exercise their powers to hold violators of such rules liable.
16.7% 1 / 6
0.0%
1.1 ОСР 1.3.4.1. The rules of ethical conduct of members of the Parliament of Ukraine, members of local councils, and elected local self-government officials have been established at the legislative level with the implementation of mechanisms of holding violators liable; members of the Parliament of Ukraine, members of local councils, and elected local self-government officials are familiar with the rules of ethical conduct 1.3.4.1.1 Supporting the consideration of the Draft Law of Ukraine On Amendments to Select Legislative Acts of Ukraine Pertaining to the Rules of Ethical Conduct of the Parliament Members of Ukraine (Ethical Code of Conduct) (registration number 8327 dated December 30, 2022) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
33.3% 1 / 3
0.0%
1.2 1.3.4.1.2 Conducting an analytical study and preparing an analytical report on the current status of issues concerning the observance of the ethical code of conduct by members of local councils and elected officials of local self-government bodies, as well as the possible mechanisms for holding such officials liable for violations of this code National Agency on Corruption Prevention The measure was not implemented on time and in full Implemented
1.3 1.3.4.1.3 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft law that incorporates the findings of the analytical report indicated in subclause 1.3.4.1.2, which will make it possible to: 1) improve the existing ethical code of conduct of members of local councils; 2) establish the procedure and time frame for holding liable the members of local councils and elected officials of local self-government bodies for violating the standards (rules) of ethical conduct; 3) designate the agency to monitor observance of standards (rules) of ethical conduct by members of local councils and elected officials of local self-government bodies; 4) implement a procedure by which citizens could report unethical conduct by members of local councils and elected officials of local self-government bodies. National Agency on Corruption Prevention Not started
2.1 ОСР 1.3.4.2. Measures for holding managers liable for failing to respond as mandated by law to instances of gross violations of anticorruption legislation have been implemented 1.3.4.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to establish a mechanism for holding liable all categories of managers for failing to respond to confirmed facts of gross violations of anticorruption legislation by their subordinates National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 1
0.0%
3.1 ОСР 1.3.4.3. The monitoring of the effectiveness of measures towards holding members of the Parliament of Ukraine, members of local councils, and elected local self-government officials liable for violations of the ethical code of conduct has been ensured 1.3.4.3.1 Preparing and publicizing a report on the findings of the monitoring of the effectiveness of efforts to hold accountable the Parliament Members of Ukraine, members of local councils, and elected officials of local self-government bodies for violations of rules of ethical conduct (with recommendations on ways to improve the legislation and practices of its enforcement) National Agency on Corruption Prevention Not started
0% 0 / 2
0.0%
3.2 1.3.4.3.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law based on the recommendations indicated in subclause 1.3.4.3.1, which proposes to improve the grounds and mechanisms for holding accountable the Parliament Members of Ukraine, members of local councils, and elected officials of local self-government bodies for violations of rules of ethical conduct (if necessary) National Agency on Corruption Prevention Implementation of the measure has not started Not started