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

Direction: 1.5. Ensuring the integrity of political parties and election campaigns

Progress in the implementation of measures as of 03.07.2024
measures, the implementation of which as of 31.03.2024
5 5 3 16
29
Implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 5 ( 17.2%)
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 1.5. Ensuring the integrity of political parties and election campaigns
17.2% 5 / 29
0.0%
Problem 1.5.1. The cumbersome and nontransparent mechanism by which parties are formed, operated, and terminated
11.1% 1 / 9
0.0%
1.1 ОСР 1.5.1.1. Favorable conditions have been created at the legislative level for the creation of political parties, in particular, the procedure for the establishment and state registration of political parties has been simplified 1.5.1.1.1 Supporting the consideration of the Draft Law of Ukraine On Political Parties in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) after holding consultations with the Cabinet of Ministers of Ukraine and the Parliament of Ukraine, which would: 1) create favorable conditions for the creation and state registration of political parties by excluding the requirement that the decision to form a political party must be preceded by collecting at least 10,000 signatures of citizens of Ukraine who, under the Constitution of Ukraine, have the right to vote in elections, collected in at least two-thirds of districts of the cities of Kyiv and Sevastopol, as well as at least two-thirds of districts of the Autonomous Republic of Crimea; 2) obligate the Central Electoral Commission to submit annually (by February 1) to the Ministry of Justice the information about political parties that did not nominate and register over the past ten years their candidates for the elections of the President of Ukraine, the elections of people’s deputies of Ukraine, or candidates for seats with least five regional councils in local elections as of January 1 of the relevant year; 3) obligate the Ministry of Justice to file a lawsuit seeking the annulment of state registration of a political party upon receiving information from the Central Electoral Commission about political parties that did not nominate and register over the past ten years their candidates for the elections of the President of Ukraine, the elections of people’s deputies of Ukraine, or candidates for seats with at least five regional councils in local elections as of January 1 of the relevant year; 4) define the principles according to which political parties should be formed and operated, in particular: rule of law, legality, respect for the constitutional system and sovereignty of the state, zero tolerance of discrimination, equality and intra-party democracy, representativeness, institutionalization, transparency and openness of the activities of the political party; 5) define the requirements for the contents of a political party’s charter, which includes defining the following in the charter: the scope and term of powers of governing, controlling, inspecting and other statutory bodies of a political party, and the procedure for changing their composition; the procedure and guarantees of convention of extraordinary congresses (assemblies, conferences) by a political party, particularly when demanded by a specific number of party members and/or when demanded by organizations of the party; the general structure and powers of structural units of a political party; 6) stipulate that political parties must form arbitration bodies authorized to examine the issues of performance of charter requirements by party members, as well as the procedure for contesting the decisions, actions or omissions by arbitration bodies of political parties; 7) restrict the political party’s right to run in the elections if this party has failed to submit a report on assets, income, expenditures, and financial liabilities to the National Agency for two or more consecutive times or at least three times within the past two reporting years; 8) define a new mechanism of allocation of budget funding to provide financial support to parties that have not cleared the legislatively prescribed threshold in the elections of people’s deputies of Ukraine: political parties are entitled to receive state funding if they scored at least 2 percent of votes in the most recent scheduled or early election of people’s deputies of Ukraine in the nationwide multi-mandate constituency out of the total number of votes cast for all rosters of candidates for people’s deputies of Ukraine in the nationwide multi-mandate constituency; 9) define an exhaustive list of: a) prohibitions for political parties from spending funds received as part of state funding, particular to: finance activities that are not covered by the charter of the political party or are prohibited by the charter; repay any debt incurred by the political party before the day immediately following the day of the opening of the first session of the Parliament of Ukraine of the new convocation; transfer them to election funds; b) priority avenues for the spending of funds received by political parties as part of state funding, particularly for the development of political parties in line with their statutory objectives, improving the quality of communications and ties of political parties with voters, and increasing the interest of women and young people in political activism; 10) define monitoring as a system of ongoing observation of financial and business activities and other activities of political parties for the purposes of risk identification; 11) define the entity responsible for approving the rules of monitoring of financial and business activities and other activities of political parties. National Agency on Corruption Prevention Implementation of the measure has not started Not started
0% 0 / 1
0.0%
2.1 ОСР 1.5.1.2. The political system has been purged of political parties that have not participated in national elections for 10 years, in accordance with the requirements of the Law of Ukraine On Political Parties in Ukraine 1.5.1.2.1 Preparation and submission by the Central Electoral Commission to the Ministry of Justice of the information about political parties that did not nominate and register over the past ten years their candidates for the elections of the President of Ukraine, the elections of people’s deputies of Ukraine, or candidates for seats with at least five regional councils in local elections as of January 1 of the relevant year The Central Election Commission of Ukraine Implementation of the measure has not started Not started
0% 0 / 4
0.0%
2.2 1.5.1.2.2 Annual submission (by February 1) by the Central Electoral Commission to the Ministry of Justice of the information about political parties that did not nominate and register over the past ten years their candidates for the elections of the President of Ukraine, the elections of people’s deputies of Ukraine, or candidates for seats with at least five regional councils in local elections as of January 1 of the relevant year The Central Election Commission of Ukraine Implementation of the measure has not started Not started
2.3 1.5.1.2.3 Preparation and filing of lawsuits by the Ministry of Justice seeking the annulment of state registration of political parties based on information received from the Central Electoral Commission about political parties that did not nominate and register over the past ten years their candidates for the elections of the President of Ukraine, the elections of people’s deputies of Ukraine, or candidates for seats with at least five regional councils in local elections as of January 1 of the relevant year Ministry of Justice of Ukraine Implementation of the measure has not started Not started
2.4 1.5.1.2.4 Annual publication of statistical data on political parties against which courts have issued decisions in cases initiated by lawsuits indicated in subclause 1.5.1.2.4 Ministry of Justice of Ukraine Implementation of the measure has not started Not started
4.1 ОСР 1.5.1.4. The procedure for voluntary termination of a political party and its organizational units has been simplified at the legislative level 1.5.1.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to establish a simplified procedure for voluntary termination of a political party and its organizational units where this party has had no assets, income, expenditures, and financial liabilities for the past three years Ministry of Justice of Ukraine The measure has not been implemented Not implemented
0% 0 / 3
0.0%
4.2 1.5.1.4.2 Drafting a normative legal act that would define the form of the application (under the simplified procedure) for voluntary termination of a political party and its organizational units where this party has had no assets, income, expenditures, and financial liabilities for the past three years Ministry of Justice of Ukraine Implementation of the measure has not started Not started
4.3 1.5.1.4.3 Issuing the normative legal act indicated in subclause 1.5.1.4.2 Ministry of Justice of Ukraine Implementation of the measure has not started Not started
5.1 ОСР 1.5.1.5. The law establishes a list of systematic material violations of the requirements of the legislation on political parties, which may result in restrictions on participation of political parties in the electoral process based on a court decision 1.5.1.5.1 Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Law of Ukraine On Amendments to Select Legislative Acts of Ukraine Towards Minimizing the Potential Oligarchic Influence on Political Parties, Involvement of Individuals Living with Disabilities in the Activity of Political Parties, and Improvement of the Mechanism of State Funding of Statutory Activities of a Political Party, which stipulates that reports on assets, income, expenditures, and financial obligations of political parties indicated in Article 17 of the Law of Ukraine On Political Parties in Ukraine, which have not been submitted by political parties in the previous reporting periods during the measures to prevent the contracting and spread of the COVID-19 acute respiratory disease caused by the SARS-CoV-2 coronavirus, during the quarantine imposed by the Cabinet of Ministers of Ukraine, as well as during marital law, shall be submitted to the National Agency no later than the 40th day after the end of the reporting quarter that follows the quarter in which martial law as suspended or abolished National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 1 / 1
0.0%
Problem 1.5.2. Excessive influence on political parties and election campaigns by specific individuals and legal entities leads to the prevalence of private interests over public ones in representative bodies
50% 1 / 2
0.0%
1.1 ОСР 1.5.2.1. Contributions to political parties by individuals who do not have a sufficient legitimate income to afford such contributions have been rendered impossible 1.5.2.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Law of Ukraine On Amendments to Select Legislative Acts of Ukraine Towards Minimizing the Potential Oligarchic Influence on Political Parties, Involvement of Individuals Living with Disabilities in the Activity of Political Parties, and Improvement of the Mechanism of State Funding of Statutory Activities of a Political Party, the Law of Ukraine On Political Parties of Ukraine towards minimizing the potential oligarchic influence on political parties and improving the mechanism of state funding of statutory activities of a political party, which proposes: 1) limiting the total annual amount (sum) of contributions in support of a political party per citizen of Ukraine: no more than 20 percent of the citizen’s cumulative income over the past five calendar years; 2) prohibiting individuals acting in the interests of a third party from making contributions in support of political parties National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 1 / 1
0.0%
4.1 ОСР 1.5.2.4. The procedure for using online mass media, outdoor advertising, social media and other online platforms for election campaign purposes has been established 1.5.2.4.1 Supporting the consideration of the Draft Law of Ukraine On Amendments to the Election Code of Ukraine Towards Improvement of the Regulation of the Communications Support of Elections and Pre-election Campaigning (registration number 8310 dated December 27, 2022) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) Ministry of Culture and Information Policy of Ukraine There is no progress in the implementation of the measure In progress
0% 0 / 1
0.0%
Problem 1.5.3. The system for monitoring the funding of activities of political parties and the funding of their participation in elections needs improving
16.7% 3 / 18
0.0%
1.1 ОСР 1.5.3.1. An electronic system for submitting and publishing financial statements of political parties is functioning 1.5.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine draft laws that would provide for the submission and publication of all financial statements of participants of referendums in electronic form National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0 / 7
0.0%
1.2 1.5.3.1.2 Developing the draft of a normative legal act that would regulate the maintenance of the National Agency’s IT system that will support, among other things, the submission and publication of all financial statements of participants of referendums in electronic form National Agency on Corruption Prevention Not started
1.3 1.5.3.1.3 Holding a public discussion of the draft act indicated in subclause 1.5.3.1.2, and ensuring its revision (if needed) National Agency on Corruption Prevention Not started
1.4 1.5.3.1.4 Clearing the draft act indicated in subclause 1.5.3.1.2 with the concerned agencies National Agency on Corruption Prevention Not started
1.5 1.5.3.1.5 Issuing the draft act indicated in subclause 1.5.3.1.2 National Agency on Corruption Prevention Not started
1.6 1.5.3.1.6 Improving the Unified State Register of Reports of Political Parties on Assets, Income, Expenditures, and Financial Liabilities, which would enable submission of financial statements in electronic form by political parties, entities participating in the election process, and entities participating in referendums National Agency on Corruption Prevention Not started
1.7 1.5.3.1.7 Developing and launching an automated information analysis system designed to support the automation of election processes at the Central Electoral Commission and lower-level electoral committees during elections The Central Election Commission of Ukraine There is no progress in the implementation of the measure In progress
2.1 ОСР 1.5.3.2. Automatic verification of reports of political parties has been introduced through integration with other information, telecommunication and reference systems, registers, and databases 1.5.3.2.1 Developing drafts of joint acts of the National Agency and other government agencies that maintain information, communications, and directory systems, registers, databases, which would regulate the procedure, scope, and methods of exchange of information between the IT system of the National Agency and other electronic and directory systems, registers, and databases National Agency on Corruption Prevention The measure was not implemented on time and in full Implemented
60% 3 / 5
0.0%
2.2 1.5.3.2.2 Holding a public discussion of the draft acts indicated in subclause 1.5.3.2.1, and ensuring their revision (if needed) National Agency on Corruption Prevention The measure has not been implemented Not implemented
2.3 1.5.3.2.3 Clearing the joint acts indicated in subclause 1.5.3.2.1 with the concerned agencies, conducting a legal expert examination National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
2.4 1.5.3.2.4 Adopting the draft joint acts indicated in subclause 1.5.3.2.1 National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
2.5 1.5.3.2.5 Verifying the financial statements submitted to the National Agency for the relevant period in automatic mode to check whether political parties have complied with legislative requirements pertaining to: 1) the timely submission of financial statements; 2) the complete disclosure of assets owned by the political party; 3) observance of limitations applicable to the amount of contributions made by individuals and legal entities to the political party; 4) observance of limitations applicable to contributions made to a political party by individuals or entities that are parties to a contract for the procurement of work, goods, or services for the needs of the state or a territorial community, which must not exceed the maximum amount for the year in which the contribution is made – for the duration of this contract and for one year following its expiration National Agency on Corruption Prevention Not started
3.1 ОСР 1.5.3.3. The risk-based approach to overseeing the activities of political parties has been implemented 1.5.3.3.1 Drafting a normative legal act that would define the rules for conducting a random audit of financial statements of entities participating in the election process (other than candidates for the position of the President of Ukraine and political parties) in accordance with the predetermined risk criteria National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0 / 4
0.0%
3.2 1.5.3.3.2 Holding a public discussion of the draft act indicated in subclause 1.5.3.3.1, and ensuring its revision (if needed) National Agency on Corruption Prevention Not started
3.3 1.5.3.3.3 Clearing the draft normative legal act indicated in subclause 1.5.3.3.1 with the concerned agencies, conducting a legal expert examination National Agency on Corruption Prevention Not started
3.4 1.5.3.3.4 Quarterly notification by the National Agency of 100 percent of political parties whose activities have been found to contain risky transactions based on the findings of monitoring in the relevant quarter, in automatic mode National Agency on Corruption Prevention Implementation of the measure has started on time In progress
5.1 ОСР 1.5.3.5. Effective division of powers between the Central Electoral Commission and the National Agency involving control over political financing and election campaigning has been ensured 1.5.3.5.1 Supporting the consideration of the draft amendments to the Election Code of Ukraine in the Parliament of Ukraine (particularly if the President of Ukraine vetoes it), which would: 1) mandate the electronic submission and disclosure of all financial statements of participants of the election process on the political finances portal of the National Agency; 2) mandate a complete audit of financial statements submitted by administrators of election funds of candidates for the position of the President of Ukraine and political parties, and random monitoring of the funding of election campaigns of other entities participating in the election process; 3) stipulate that the National Agency shall carry out the function of review (analysis) of financial statements reflecting the proceeds and spending of election funds. National Agency on Corruption Prevention Implementation of the measure has not started Not started
0% 0 / 2
0.0%
5.2 1.5.3.5.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to entirely delegate the function of review (analysis) of financial statements of participants of referendums to the National Agency National Agency on Corruption Prevention There is progress in the implementation of the measure In progress