Direction 2.2.
State regulation of the economy
28.6%
34 /
119
0.0%
Problem 2.2.1.
Failure to implement the digital transformation of the exercise of powers by government agencies and local self-government bodies as a basis for ensuring transparency and minimizing corruption risks in their activities
37.5%
3 /
8
0.0%
1.1
ОСР
2.2.1.1.
An official tool for preparing and conducting public procurement in the sector of information technology development has been developed and put into commercial operation, which provides for visualization of procurement, availability of electronic communication networks, and automation of anticipated cost calculations
2.2.1.1.1 Arranging an analytical study with a focus on:
1) determining the actual informational, analytical, and other needs of clients in the sector of information technology development;
2) the issue of the need for a tool for preparing and conducting public procurement in the sector of information technology development, and the functionality of this tool;
3) the issue of declaring legal transactions to be null and void if they have been carried out without using the aforementioned tool.
Ministry of Digital Transformation of Ukraine
There is no progress in the implementation of the measure
In progress
42.9%
3 /
7
0.0%
1.2
2.2.1.1.2 Holding a presentation of the findings of the analytical study indicated in subclause 2.2.1.1.1, followed by its expert discussion
Ministry of Digital Transformation of Ukraine
Not started
1.3
2.2.1.1.3 Developing and publicizing the concept of the tool for preparing and conducting public procurement in the sector of information technology development, taking into account the findings of the study indicated in subclause 2.2.1.1.1
Ministry of Digital Transformation of Ukraine
Not started
1.5
2.2.1.1.5 Developing software of the tool for preparing and conducting public procurement in the sector of information technology development, which ensures:
1) automation of the calculations of the anticipated cost of goods, work, or services;
2) visualization of the procurement statistics;
3) other functionality aligned with the needs of users in accordance with the findings of the study indicated in subclause 2.2.1.1.1.
Ministry of Digital Transformation of Ukraine
Not started
1.9
2.2.1.1.9 Analyzing the Law of Ukraine On the National Information Technology Development Program and amending normative legal acts based on the analysis findings (if needed)
Ministry of Digital Transformation of Ukraine
The measure was implemented on time and in full
Implemented
1.10
2.2.1.1.10 Creating the information and communications system “Unified Information Logging System of the National Information Technology Development Program”
Ministry of Digital Transformation of Ukraine
The measure was not implemented on time and in full
Implemented
1.11
2.2.1.1.11 Putting the information and communications system “Unified Information Logging System of the National Information Technology Development Program” into operation
Ministry of Digital Transformation of Ukraine
The measure was implemented on time and in full
Implemented
2.5
ОСР
2.2.1.2.
A unified interoperable system of state databases based on a single state data center and national spatial data infrastructure has been created, and overlapping data collection processes have been eliminated
2.2.1.2.5 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft directive of the Cabinet of Ministers of Ukraine, which would approve the plan to enhance the interoperability of information systems, taking into account the findings of the audits indicated in subclauses 2.2.1.2.1 and 2.2.1.2.3
Ministry of Digital Transformation of Ukraine
There is progress in the implementation of the measure
In progress
0%
0 /
1
0.0%
Problem 2.2.2.
Arbitrary application of mandatory rules for businesses, which is accompanied by attendant corruption risks
27.6%
16 /
58
0.0%
1.1
ОСР
2.2.2.1.
The implementation of the risk-based system of state oversight (control) has been finalized
2.2.2.1.1 Supporting the consideration in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) of the Draft Law of Ukraine On the Fundamental Principles of State Oversight (Control) (registration number 5837 dated August 5, 2021)
Ministry of Economy of Ukraine
There is progress in the implementation of the measure
In progress
25%
1 /
4
0.0%
1.2
2.2.2.1.2 Developing and submitting to the Cabinet of Ministers of Ukraine the draft Methodology of Assessment of the Effectiveness of State Oversight (Control)
Ministry of Economy of Ukraine
The measure was implemented late and partially
Partially implemented
1.3
2.2.2.1.3 Developing the Electronic Risk Management System, which is a component of the Integrated Automated System of State Oversight (Control)
State Regulatory Service of Ukraine
There is no progress in the implementation of the measure
In progress
1.4
2.2.2.1.4 Putting into operation the Electronic Risk Management System, which is a component of the Integrated Automated System of State Oversight (Control)
State Regulatory Service of Ukraine
Not started
2.1
ОСР
2.2.2.2.
An audit of the current status of implementation of electronic auctions and systems for accessing a limited public resource has been conducted; the key methods used to bypass their restrictions have been identified; implementation of electronic auctions and systems for accessing a limited public resource has been completed, taking into account the findings of the audit (electronic workspace of the user, Prozorro.Sale electronic auctions)
2.2.2.2.1 Arranging an analytical study of normative legal acts that have instituted electronic auctions and the system for accessing a limited public resource as regards their actual implementation and functional capabilities, particularly in matters of access to natural resources
Ministry of Economy of Ukraine
The measure was implemented on time and in full
Implemented
60%
12 /
20
0.0%
2.2
2.2.2.2.2 Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.2.2.2.1, followed by its expert discussion
Ministry of Economy of Ukraine
The measure was implemented on time, but partially
Partially implemented
2.3
2.2.2.2.3 Arranging an analytical study of the completed electronic auctions for access to a limited public resource, which should determine the current status of implementation of such electronic auctions and systems for accessing a limited public resource, and the methods used to bypass their restrictions (sale through the e-commerce system Prozorro.Sale)
Ministry of Economy of Ukraine
The measure was implemented on time and in full
Implemented
2.4
2.2.2.2.4 Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.2.2.2.3, followed by its expert discussion
Ministry of Economy of Ukraine
The measure was implemented on time, but partially
Partially implemented
2.5 (1)
2.2.2.2.5 (1) Developing and submitting to the Cabinet of Ministers of Ukraine draft acts of the Cabinet of Ministers of Ukraine on the implementation of electronic auctions and systems for accessing a limited public resource on a permanent basis, taking into account the findings of analytical studies
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
2.5 (2)
2.2.2.2.5 (2) Developing and submitting to the Cabinet of Ministers of Ukraine draft acts of the Cabinet of Ministers of Ukraine on the implementation of electronic auctions and systems for accessing a limited public resource on a permanent basis, taking into account the findings of analytical studies
Ministry of Agrarian Policy and Food of Ukraine
There is no progress in the implementation of the measure
In progress
2.5 (3)
2.2.2.2.5 (3) Developing and submitting to the Cabinet of Ministers of Ukraine draft acts of the Cabinet of Ministers of Ukraine on the implementation of electronic auctions and systems for accessing a limited public resource on a permanent basis, taking into account the findings of analytical studies
State Forest Resources Agency of Ukraine
There is progress in the implementation of the measure
In progress
2.5 (4)
2.2.2.2.5 (4) Developing and submitting to the Cabinet of Ministers of Ukraine draft acts of the Cabinet of Ministers of Ukraine on the implementation of electronic auctions and systems for accessing a limited public resource on a permanent basis, taking into account the findings of analytical studies
State Service of Geology and Mineral Resources of Ukraine
The measure was implemented on time and in full
Implemented
2.5 (5)
2.2.2.2.5 (5) Developing and submitting to the Cabinet of Ministers of Ukraine draft acts of the Cabinet of Ministers of Ukraine on the implementation of electronic auctions and systems for accessing a limited public resource on a permanent basis, taking into account the findings of analytical studies
State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs
There is no progress in the implementation of the measure
In progress
2.6 (1)
2.2.2.2.6 (1) Implementing electronic auctions and systems for accessing a limited public resource on a permanent basis and fully
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
2.6 (2)
2.2.2.2.6 (2) Implementing electronic auctions and systems for accessing a limited public resource on a permanent basis and fully
State Forest Resources Agency of Ukraine
There is progress in the implementation of the measure
In progress
2.6 (3)
2.2.2.2.6 (3) Implementing electronic auctions and systems for accessing a limited public resource on a permanent basis and fully
State Service of Geology and Mineral Resources of Ukraine
The measure was implemented on time and in full
Implemented
2.6 (4)
2.2.2.2.6 (4) Implementing electronic auctions and systems for accessing a limited public resource on a permanent basis and fully
Ministry of Agrarian Policy and Food of Ukraine
There is progress in the implementation of the measure
In progress
2.6 (5)
2.2.2.2.6 (5) Implementing electronic auctions and systems for accessing a limited public resource on a permanent basis and fully
State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs
There is progress in the implementation of the measure
In progress
2.7 (1)
2.2.2.2.7 (1) Opening access to current information about natural resources.
Ministry of Environmental Protection and Natural Resources of Ukraine
The measure was implemented on time and in full
Implemented
2.7 (2)
2.2.2.2.7 (2) Opening access to current information about natural resources.
Ministry of Agrarian Policy and Food of Ukraine
The measure was implemented late and partially
Partially implemented
2.7 (3)
2.2.2.2.7 (3) Opening access to current information about natural resources.
State Forest Resources Agency of Ukraine
The measure was implemented on time and in full
Implemented
2.7 (4)
2.2.2.2.7 (4) Opening access to current information about natural resources.
State Agency of Water Resources of Ukraine
The measure was implemented on time and in full
Implemented
2.7 (5)
2.2.2.2.7 (5) Opening access to current information about natural resources.
State Service of Geology and Mineral Resources of Ukraine
The measure was implemented on time and in full
Implemented
2.7 (6)
2.2.2.2.7 (6) Opening access to current information about natural resources.
State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs
The measure was implemented late and partially
Partially implemented
3.1
ОСР
2.2.2.3.
Following the introduction of relevant amendments to the legislation, the publication of financial statements, information on the risk levels of taxpayers in accordance with the Unified Register of Tax Invoices, license registers, and other key data sets, the publication of which has a significant anticorruption effect (in compliance with the requirements of the legislation on access to public information and personal data protection), has been ensured in the open data format
2.2.2.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on amendments to the resolution of the Cabinet of Ministers of Ukraine dated October 21, 2015,
No. 835 On Approval of the Regulation on Data Sets Subject to Publication in the Form of Open Data with respect to the publication of information in the form of open data during martial law, which mandates the disclosure of information from the registers of the Ministry of Agrarian Policy, the Ministry of the Environment and Natural Resources, and the Ministry of the Economy during martial law
Ministry of Digital Transformation of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
9
0.0%
3.2
2.2.2.3.2 Publishing / updating data in registers of the Ministry of Agrarian Policy during martial law (subject to restrictions imposed in the interests of national security, defense, and protection of the lives of citizens)
Ministry of Agrarian Policy and Food of Ukraine
Not started
3.3
2.2.2.3.3 Publishing / updating data in registers of the Ministry of the Environment and Natural Resources during martial law (subject to restrictions imposed in the interests of national security, defense, and protection of the lives of citizens)
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
3.4
2.2.2.3.4 Publishing / updating data in registers of the Ministry of the Economy during martial law (subject to restrictions imposed in the interests of national security, defense, and protection of the lives of citizens)
Ministry of Economy of Ukraine
Not started
3.5
2.2.2.3.5 Renewing access to all open data sets
Ministry of Digital Transformation of Ukraine
Not started
3.6 (1)
2.2.2.3.6 (1) Publishing in the form of open data the financial statements of legal entities submitted to the State Tax Service for at least the past three years and the financial statements of companies submitted to the State Statistics Service since November 11, 2022
State Tax Service of Ukraine
Not started
3.6 (2)
2.2.2.3.6 (2) Publishing in the form of open data the financial statements of legal entities submitted to the State Tax Service for at least the past three years and the financial statements of companies submitted to the State Statistics Service since November 11, 2022
State Statistics Service of Ukraine
Not started
3.7
2.2.2.3.7 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on amendments to the resolution of the Cabinet of Ministers of Ukraine dated October 21, 2015, No. 835 On Approval of the Regulation on Data Sets Subject to Publication in the Form of Open Data with respect to the publication of data on the risk level of taxpayers
Ministry of Digital Transformation of Ukraine
Not started
3.8
2.2.2.3.8 Publishing data on the risk level of taxpayers
State Tax Service of Ukraine
Not started
4.1
ОСР
2.2.2.4.
An information and analytical system for management of natural resources management has been introduced, which provides open access to up-to-date information on natural resources, contains the functionality of electronic services, electronic reporting, traceability, environmental monitoring and inspection, as well as an open software interface for creating analytical and visual (geoinformation) software based on the data of this information and analytical system (without the right to modify such data)
2.2.2.4.1 Conducting measures towards a nationwide inventory of forests (aerial photography, digitization of information, processing of data)
State Forest Resources Agency of Ukraine
Not started
27.3%
3 /
11
0.0%
4.2
2.2.2.4.2 Digitizing information about natural resources (geological data, information about aquatic and forest resources) and available irrigation systems, hydraulic structures, and pump stations
Ministry of Environmental Protection and Natural Resources of Ukraine
The measure was implemented on time, but partially
Partially implemented
4.3
2.2.2.4.3 Creating interactive virtual data rooms for all assets that are available for use
Ministry of Environmental Protection and Natural Resources of Ukraine
The measure was implemented late and partially
Partially implemented
4.4 (1)
2.2.2.4.4 (1) Publishing information about electronic auctions with their dates
State Service of Geology and Mineral Resources of Ukraine
There is progress in the implementation of the measure
In progress
4.4 (2)
2.2.2.4.4 (2) Publishing information about electronic auctions with their dates
State Forest Resources Agency of Ukraine
There is progress in the implementation of the measure
In progress
4.4 (3)
2.2.2.4.4 (3) Publishing information about electronic auctions with their dates
State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs
There is progress in the implementation of the measure
In progress
4.5
2.2.2.4.5 Creating and developing existing IT systems to be used to submit permit applications, grant approvals, issue permits, stage auctions for the right to use natural resources, and ensuring their integration with the EcoSystem unified environmental platform
Ministry of Environmental Protection and Natural Resources of Ukraine
The measure was implemented late and partially
Partially implemented
4.6
2.2.2.4.6 Creating the electronic reporting system with all the relevant forms, providing mandatory information and notices to business entities
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
4.7
2.2.2.4.7 Creating the natural resources accounting and traceability functionality
Ministry of Environmental Protection and Natural Resources of Ukraine
There is no progress in the implementation of the measure
In progress
4.8
2.2.2.4.8
Ministry of Agrarian Policy and Food of Ukraine
Not started
4.9
2.2.2.4.9
Ministry of Agrarian Policy and Food of Ukraine
Not started
5.1
ОСР
2.2.2.5.
A two-tiered information and communication system has been introduced that enables the creation, posting, publication, and exchange of information and documents in electronic form, holding concession tenders and a competitive dialog, as well as publication of documents in the course of direct negotiations with the lessee of state property being made available on the terms of a concession
2.2.2.5.1 Developing planning and access modules based on the state company PROZZORO and/or the state company PROZZORO.SALE
Ministry of Economy of Ukraine
Not started
0%
0 /
14
0.0%
5.2
2.2.2.5.2 Developing classification and authentication modules
Ministry of Economy of Ukraine
Not started
5.3
2.2.2.5.3 Developing auction and winning bidder selection modules
Ministry of Economy of Ukraine
Not started
5.4
2.2.2.5.4 Developing the evaluation module
Ministry of Economy of Ukraine
Not started
5.5
2.2.2.5.5 Developing the contracting module
Ministry of Economy of Ukraine
Not started
5.7
2.2.2.5.7 Developing the notification, registration, and bid submission modules
Ministry of Economy of Ukraine
Not started
5.8
2.2.2.5.8 Implementing the encryption of bids mentioned in subclause 2.2.2.5.7
Ministry of Economy of Ukraine
Not started
5.9
2.2.2.5.9 Testing the procurement system
Ministry of Economy of Ukraine
Not started
5.10
2.2.2.5.10 Ensuring negotiations with operators on developing a platform for bidders
Ministry of Economy of Ukraine
Not started
5.11
2.2.2.5.11 Testing of the operator-developed platform indicated in subclause 2.2.2.5.10
Ministry of Economy of Ukraine
Not started
5.12
2.2.2.5.12 Ensuring the integration of the project preparation and management system with the Electronic Trading System
Ministry of Economy of Ukraine
Not started
5.13
2.2.2.5.13 Testing the interoperation of the project preparation and management system with the Electronic Trading System
Ministry of Economy of Ukraine
Not started
5.14
2.2.2.5.14 Preparing and implementing pilot projects in the project preparation and management system and the Electronic Trading System
Ministry of Economy of Ukraine
Not started
5.15
2.2.2.5.15 Conducting competitive processes to select a private partner for the Electronic Trading System
Ministry of Economy of Ukraine
Not started
Problem 2.2.3.
Excessive and unjustified regulatory burden on businesses, which contributes to a high level of corruption in this sector
28%
7 /
25
0.0%
1.1
ОСР
2.2.3.1.
An analytical module for assessing the regulatory burden on various types of business and the effectiveness of regulatory acts in the relevant sectors has been introduced as a tool for reducing the cost of compliance with legal requirements in the course of business operations; appropriate approaches to monitoring the total number of regulations have been identified
2.2.3.1.1 Developing a module for assessing the regulatory burden on various types of business
State Regulatory Service of Ukraine
Not started
0%
0 /
4
0.0%
1.2
2.2.3.1.2 Putting into operation the module for assessing the regulatory burden on various types of business
State Regulatory Service of Ukraine
Not started
1.3
2.2.3.1.3 Developing the “Regulatory Dashboard” IT tool
State Regulatory Service of Ukraine
Not started
1.4
2.2.3.1.4 Publicizing the “Regulatory Dashboard” IT tool
State Regulatory Service of Ukraine
Not started
2.1
ОСР
2.2.3.2.
A public dialog with the business community on deregulation has been established
2.2.3.2.1 Developing the Regulatory Portal module to support interaction among the business community, the public, the State Regulatory Service, and other government agencies in matters relating to normative legal acts and deregulation
State Regulatory Service of Ukraine
There is progress in the implementation of the measure
In progress
0%
0 /
4
0.0%
2.2
2.2.3.2.2 Putting into operation the Regulatory Portal module to support interaction among the business community, the public, the State Regulatory Service, and other government agencies in matters relating to normative legal acts and deregulation
State Regulatory Service of Ukraine
Not started
2.3
2.2.3.2.3 Analyzing and consolidating proposals from the business community and the public for the action plan to deregulate business activities through the interaction module of the Regulatory Portal IT system
State Regulatory Service of Ukraine
Not started
2.4
2.2.3.2.4 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft directive of the Cabinet of Ministers of Ukraine on approval of the action plan to deregulate business activities
State Regulatory Service of Ukraine
Not started
3.1
ОСР
2.2.3.3.
The process of starting the most widespread kinds of business online according to the principle of life situations has been established and streamlined
2.2.3.3.1 Compiling the list of the most widespread kinds of business to subsequently allow creating them online via the Unified State Web Portal for Electronic Services
Ministry of Digital Transformation of Ukraine
The measure was not implemented on time and in full
Implemented
60%
3 /
5
0.0%
3.2
2.2.3.3.2 Implementing the first stage of development of the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services
Ministry of Digital Transformation of Ukraine
The measure was implemented on time and in full
Implemented
3.3
2.2.3.3.3 Implementing the second stage of development of the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services
Ministry of Digital Transformation of Ukraine
The measure was implemented on time and in full
Implemented
3.4
2.2.3.3.4 Implementing the third stage of development of the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services
Ministry of Digital Transformation of Ukraine
Implementation of the measure has started on time
In progress
3.5
2.2.3.3.5 Putting into operation the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services
Ministry of Digital Transformation of Ukraine
Not started
4.1
ОСР
2.2.3.4.
The new Unified Integrated Market Access Permission System has been introduced; it will replace numerous existing procedures, establish simplified rules, and digitize cases of business registration
2.2.3.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated August 11, 2021, No. 895 On Implementation of the Pilot Project to Implement the First Stage of the Unified State Electronic System of Permits (to extend the timeframe of the pilot project)
Ministry of Economy of Ukraine
The measure was implemented on time and in full
Implemented
33.3%
1 /
3
0.0%
4.2
2.2.3.4.2 Developing the concept of the Unified Integrated Market Access Permission System
Ministry of Economy of Ukraine
Not started
4.4
2.2.3.4.4 Holding a public discussion of the Unified Integrated Market Access Permission System and revising it (if needed)
Ministry of Economy of Ukraine
Not started
5.2
ОСР
2.2.3.5.
Redundant reporting has been abolished: entrepreneurs no longer have to submit the same information to different authorities several times; the taxpayer workspace has been integrated into the user-friendly Unified State Web Portal for Electronic Services
2.2.3.5.2 Integrating the taxpayer workspace into the Unified State Web Portal for Electronic Services
Ministry of Digital Transformation of Ukraine
The measure was implemented on time, but partially
Partially implemented
20%
1 /
5
0.0%
5.3
2.2.3.5.3 Analyzing legislative acts and using the analysis findings to determine the feasibility of amending them in order to optimize the number and scope of reports submitted by businesses
State Regulatory Service of Ukraine
Not started
5.4
2.2.3.5.4 Publicizing the report on the findings of the analysis indicated in subclause 2.2.3.5.3, holding its public discussion, revising it (if needed), and submitting to the agencies that adopted or endorsed the relevant acts for review
State Regulatory Service of Ukraine
Not started
5.5
2.2.3.5.5 Arranging the monitoring of amendments to legislative acts and other acts of government agencies to optimize the number and scope of reports submitted by businesses
State Regulatory Service of Ukraine
Not started
5.6
2.2.3.5.6 Semiannually (in December and July) publishing the findings of the monitoring of amendments to legislative acts and other acts of government agencies to optimize the number and scope of reports submitted by businesses
State Regulatory Service of Ukraine
Not started
6.1
ОСР
2.2.3.6.
Regulatory acts of local self-government bodies and officials have been reviewed with a focus on their effectiveness; proposals have been submitted to amend acts that do not meet the requirements of current legislation, contain factors that foster corruption or distort competition
2.2.3.6.1 Causing the Interagency Working Group on Issues of Accelerated Revision of Instruments of Government Regulation of Business to prepare proposals for the central executive authorities
Ministry of Economy of Ukraine
The measure was not implemented on time and in full
Implemented
50%
1 /
2
0.0%
6.2
2.2.3.6.2 Semiannual monitoring of the drafting and entry into force of normative legal acts aimed at the implementation of the proposals of the Interagency Working Group on Issues of Accelerated Revision of Instruments of Government Regulation of Business
Ministry of Economy of Ukraine
There is progress in the implementation of the measure
In progress
7.1
ОСР
2.2.3.7.
Channels of cooperation with the Business Ombudsman Council aimed at implementing its systemic recommendations and removing obstacles to doing business have been established
2.2.3.7.1 Signing the Cooperation and Partnership Memorandums between the Business Ombudsman Council and the concerned government agencies
Business Ombudsman's Council
The measure was implemented on time and in full
Implemented
50%
1 /
2
0.0%
7.2
2.2.3.7.2 Monitoring and annual publication of information about the results of implementation of individual and system-wide recommendations of the Business Ombudsman Council by government agencies
Business Ombudsman's Council
There is progress in the implementation of the measure
In progress
Problem 2.2.4.
Ineffective government regulation, which hinders the growth of honest businesses and fosters corrupt practices
33.3%
7 /
21
0.0%
1.1
ОСР
2.2.4.1.
The legislative and executive branches of government have introduced a structured and effective policy analysis process in their decision-making procedures as part of state policymaking, continued systemic analysis of market regulation and implementation of recommendations based on its findings
2.2.4.1.1 Arranging an analytical study followed by the issuance of conclusions and recommendations to government agencies, focused on the study, analysis, and consolidation of:
1) the nomenclature of—and structural and content requirements for—analytical and consultative documents of European Union institutions with a focus on the prospects of harmonization with these institutions of the nomenclature of—and structural and content requirements for—analytical and consultative documents used by entities responsible for shaping the government policy in the relevant sector in Ukraine;
2) the actual informational needs of entities responsible for shaping the government policy in the relevant sector in Ukraine and the prospects of such needs being met, including through improvements of the system for gathering, analyzing, consolidating, and accessing statistical data;
3) the practices of European Union institutions pertaining to consultations with stakeholders.
National Agency of Ukraine on Civil Service
The measure was not implemented on time and in full
Implemented
33.3%
2 /
6
0.0%
1.2
2.2.4.1.2 Publicizing the conclusions and recommendations for government agencies based on the findings of the analytical study indicated in subclause 2.2.4.1.1 for their public and expert discussion; examining critical comments and proposals from discussion participants and revising the relevant conclusions and recommendations (if needed)
National Agency of Ukraine on Civil Service
The measure was not implemented on time and in full
Implemented
1.4
2.2.4.1.4 Arranging the development of a general professional (certification) program, a general short-term program on policy analysis issues
National Agency of Ukraine on Civil Service
There is progress in the implementation of the measure
In progress
1.5
2.2.4.1.5 Arranging the professional development in matters of policy analysis for civil servants at ministries and other central executive authorities
National Agency of Ukraine on Civil Service
There is progress in the implementation of the measure
In progress
1.6
2.2.4.1.6 Preparing new and annually revising existing methods of conducting policy analysis, holding consultations with stakeholders, and preparing substantiated recommendations on policy formulation
National Agency of Ukraine on Civil Service
There is progress in the implementation of the measure
In progress
1.7
2.2.4.1.7 Supporting the consideration of the Draft Law of Ukraine On Public Consultations (registration number 4254 dated October 23, 2020) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law)
Ministry of Justice of Ukraine
There is no progress in the implementation of the measure
In progress
2.1
ОСР
2.2.4.2.
Government agencies and local self-government bodies have introduced a system of remuneration based on the classification of positions and bonuses depending on personal contribution to the overall performance of the body; wages are competitive and predictable, which makes it possible to hire and retain a professional and motivated staff with integrity
2.2.4.2.1 Supporting the consideration of the Draft Law of Ukraine On Amendments to the Law of Ukraine On Civil Service Towards the Implementation of Unified Approaches to Remuneration of Civil Servants Based on the Classification of Positions in the Parliament of Ukraine (registration number 8222 dated November 23, 2022), which provides for:
1) the dependence of the variable salary on the personal contribution by the civil servant to the overall performance of the government agency, using it as a reward for personal initiative, timely completion of tasks up to quality standards, and completion of an additional scope of tasks;
2) establishing the sizes of salaries based on the classification of civil service positions, taking into account the juxtaposition of the level of remuneration for typical civil service positions with the private sector.
National Agency of Ukraine on Civil Service
There is progress in the implementation of the measure
In progress
62.5%
5 /
8
0.0%
2.2
2.2.4.2.2 Adopting the Catalog of Typical Civil Service Positions and Criteria of Assignment to Such Positions
National Agency of Ukraine on Civil Service
The measure was implemented on time and in full
Implemented
2.3
2.2.4.2.3 Performing the classification of civil service positions
National Agency of Ukraine on Civil Service
The measure was implemented on time, but partially
Partially implemented
2.4
2.2.4.2.4 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on approval of the conditions of remuneration for civil servants based on the classification of positions
National Agency of Ukraine on Civil Service
The measure was implemented on time and in full
Implemented
2.5
2.2.4.2.5 Developing and submitting to the Cabinet of Ministers of Ukraine the draft Procedure for Forming the Wage Fund for Civil Servants at a Government Agency Taking into Account the New Salary Structure
National Agency of Ukraine on Civil Service
Not started
2.6
2.2.4.2.6 Supporting the consideration of the Draft Law of Ukraine On Service in Local Self-Government Bodies (registration number 6504 dated January 5, 2022), which proposes the introduction of a system of remuneration for officials of local self-government bodies, which factors in local conditions and resources of the relevant local budgets, taking into account the need to ensure the wellbeing and retain highly-skilled personnel
National Agency of Ukraine on Civil Service
The measure was implemented on time and in full
Implemented
2.7
2.2.4.2.7 Approving the Procedural Recommendations on the Conditions of Remuneration for Local Self-Government Officials
National Agency of Ukraine on Civil Service
Implementation of the measure has not started
Not started
2.8
2.2.4.2.8 Implementing in 2023 the pilot project involving the application of the Procedure for Forming the Wage Fund for Civil Servants at a Government Agency
National Agency of Ukraine on Civil Service
The measure was implemented on time and in full
Implemented
3.1
ОСР
2.2.4.3.
Effective and transparent timber accounting procedures and timber market have been introduced
2.2.4.3.1 Annually monitoring the performance of the unified state system of electronic accounting of timber of all permanent forest users in accordance with the resolution of the Cabinet of Ministers of Ukraine dated December 4, 2019,
No. 1142 On Approval of the Procedure for Monitoring Domestic Consumption of Unprocessed Timber and Making Sure that the Volume of Domestic Consumption of Domestic Timber Is not Exceeded
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
0%
0 /
5
0.0%
3.2
2.2.4.3.2 Publicizing the annual report on the findings of the monitoring indicated in subclause 2.2.4.3.1 no later than February of the year immediately following the year in which monitoring was undertaken
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
3.3
2.2.4.3.3 Annually monitoring and systematization of data on the sale of 100 percent of unprocessed timber at auctions and performance of the Law of Ukraine On Capital Markets and Organized Commodity Markets to the extent of the sale of timber through licensed commodity exchanges
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
3.4
2.2.4.3.4 Publicizing the annual report on the findings of the monitoring and systematization of data indicated in subclause 2.2.4.3.3 no later than February of the year immediately following the year in which monitoring and data systematization was undertaken
Ministry of Environmental Protection and Natural Resources of Ukraine
There is progress in the implementation of the measure
In progress
3.5
2.2.4.3.5 Supporting the consideration of the Draft Law of Ukraine On the Timber Market (registration number 4197-d dated September 10, 2021) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law), which proposes, among other things:
1) instituting a mechanism whereby timber and specific timber products can be sold by forest owners and permanent forest users exclusively through electronic auctions or on the conditions of an offer, taking into account prior experience of forest management activities pertaining to procurement of timber;
2) defining the liability of buyers for failing to perform the conditions of a purchase and sale contract;
3) instituting the process for declaring processed timber, which will help producers, processors, sellers, and consumers to obtain clear proof of the legitimacy of timber harvesting;
4) mandating the reporting and publication of information about volumes, sale price, and buyers of timber and timber products by openly publishing it.
State Forest Resources Agency of Ukraine
There is no progress in the implementation of the measure
In progress
4.1
ОСР
2.2.4.4.
The telecommunications sector has been reformed by reforming the telecommunications regulator and legislation as part of Ukraine’s commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and on the basis of Directive 2018/1972 (EU)
2.2.4.4.1 Annually monitoring the progress of development and enactment of normative legal acts envisioned by the Law of Ukraine On Electronic Communications and making the findings public
National Commission for the State Regulation of Electronic Communications, Radiofrequency Spectrum and the Provision of Postal Services
There is progress in the implementation of the measure
In progress
0%
0 /
2
0.0%
4.2
2.2.4.4.2 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft Strategy for Development of the Sector of Electronic Communications
Ministry of Digital Transformation of Ukraine
Not started
Problem 2.2.5.
Insufficient information about the activities of the Antimonopoly Committee of Ukraine and the fact that it is vested with a number of discretionary powers complicate public control over its activities and cause a high level of corruption risks. There is no effective program to mitigate the liability of cartel members who have reported the cartel and provided evidence.
25%
1 /
4
0.0%
1.1
ОСР
2.2.5.1.
The Antimonopoly Committee operates according to the principles of transparency, predictability, and legal certainty; the level of corruption risks in its activities has significantly decreased owing to unimpeded but regulated public access to discussions at the stage of announcement of decisions, draft regulations, plans and results of the Antimonopoly Committee’s activities
2.2.5.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to stipulate:
1) that meetings of the Antimonopoly Committee of Ukraine, administrative boards of the Antimonopoly Committee, administrative boards of territorial offices of the Antimonopoly Committee shall be public, except where such meetings are convened to discuss issues containing classified information;
2) the obligation of the Antimonopoly Committee to annually approve and publish the action plan for the following year on its official web portal no later than December 31;
3) the obligation of the Antimonopoly Committee to annually approve and publish a report on the results of implementation of the action plan for the previous year on its official web portal no later than March 15;
4) the obligation of the Antimonopoly Committee to maintain a single open State Register of Business Entities Held Accountable for Committing a Violation in the Form of Concerted Anticompetitive Actions Involving the Distortion of the Outcomes of Competitive Bidding Processes, in the manner prescribed by the Antimonopoly Committee
National Agency on Corruption Prevention
Not started
0%
0 /
1
0.0%
2.1
ОСР
2.2.5.2.
The legislation obligates the Antimonopoly Committee to publish on its official website:
recommendations issued to government agencies, local self-government bodies, organizations, business entities, associations;
the complete list of cases being examined by the Antimonopoly Committee along with the regularly updated details of each case involving a violation of the requirements of legislation on the protection of economic competition, specifically the gist of the case, the general stages of examination
2.2.5.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to define:
1) the obligation of the Antimonopoly Committee to publish on its official website within the time frame prescribed by this law the recommendations (other than classified information) issued to government agencies, local self-government bodies, organizations, business entities, associations;
2) the obligation of the Antimonopoly Committee and its territorial offices to publish on its official website within the time frame prescribed by this law the complete list of cases being examined by the Antimonopoly Committee along with the regularly updated details of each case involving a violation of the requirements of legislation on the protection of economic competition, specifically the gist of the case, the relevant state commissioner, the examination time frame, the general stages of examination, and the grounds for prolonging the term of examination of the case;
3) the obligation of the Antimonopoly Committee and its territorial offices to publish on its official website within the time frame prescribed by this law the texts of clarifications adopted and issued by the Antimonopoly Committee;
4) the obligation of the Antimonopoly Committee and its territorial offices to publish on its official website within the time frame prescribed by this law the information about the proposed concentrations (the names and legal form of organization of the parties to the concentration, the nature of the proposed actions);
5) the obligation of the Antimonopoly Committee and its territorial offices to publish on its official website within the time frame prescribed by this law the unified open State Register of Business Entities Held Accountable for Committing a Violation in the Form of Concerted Anticompetitive Actions Involving the Distortion of the Outcomes of Competitive Bidding Processes.
National Agency on Corruption Prevention
Not started
0%
0 /
1
0.0%
3.1
ОСР
2.2.5.3.
The excessive level of discretion in the exercise of powers by the Antimonopoly Committee has been eliminated, in particular when it comes to determining:
the commencement of examination of a case involving a violation of the requirements of legislation on the protection of economic competition, the estimated timeframe for consideration of such a case and, if necessary, the possibility of extending this timeframe with appropriate justification;
the timeframe for verifying information about illegally obtained government aid;
ways to improve the mechanism for appointing and replacing state commissioners responsible for examining cases involving violations of the legislation on protection of economic competition, taking into account their professional qualities, experience, impartiality, independence, legality and validity of their decisions;
ways to improve approaches to determining the amount of the fine and the procedure for calculating the fine imposed for violations of the legislation on protection of economic competition
2.2.5.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to eliminate the excessive level of discretion in the exercise of the powers of the Antimonopoly Committee, particularly by:
1) establishing the maximum time frame for examining a case involving violations of the legislation on the protection of economic competition for each kind of violations;
2) establishing an exhaustive list of grounds and the procedure for extending the time frame for examining a case involving violations of the legislation on the protection of economic competition, as well as the maximum amount of time by which the time frame for examination of this case can be extended;
3) establishing a transparent and nondiscriminatory procedure for limiting the time frame during which the parties to the case can review the case files, as well as the procedure for determining the relevant time frame;
4) providing for the possibility of (and defining the conditions for) suspension of case proceedings for the duration of examination of violations listed in Clauses 13-15 of Article 50 of the Law of Ukraine On the Protection of Economic Competition, which commenced as part of the examination of the relevant case, as well as for the duration of examination of other cases (involving obstructions created during inspections, failure to appear when summoned by agencies of the Committee to offer explanations);
5) obligating the Antimonopoly Committee—where the Committee has looked into a complaint about unlawful government aid or misuse of government aid and has decided against initiating a case involving government aid—to provide the complainant with exhaustive and substantiated information about the grounds and motives for this decision;
6) establishing the procedure for designating and replacing state commissioners responsible for examining cases involving violations of legislation on the protection of economic competition or cases involving government aid;
7) providing for the right of the parties to the case to motion for disqualification of state commissioners responsible for investigating the cases, and establishing the list of conditions to be met in order for such motions for disqualification to be granted;
8) setting forth the principles of determining the amounts of fines within the limits established by legislation on the protection of economic competition;
9) stipulating that the procedure for determining the amount of fines shall be determined via a bylaw normative legal act and shall provide for the determination of the base fine amount for each respondent as well as subsequent adjustment of the base fine amount bearing in mind the severity, duration, and scale of the violation, and any aggravating or mitigating circumstances.
National Agency on Corruption Prevention
Not started
0%
0 /
1
0.0%
4.1
ОСР
2.2.5.4.
To encourage disclosure of cartels, the mechanism of exemption or mitigation of liability of cartel members who report the cartel to the Antimonopoly Committee and provide relevant evidence has been improved on the basis of best practices of the European Union
2.2.5.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to improve the mechanism of exemption from or mitigation of liability and stipulate that:
1) in order to be exempted from liability for concerted anticompetitive actions, the party involved in such actions must notify the Antimonopoly Committee sooner than the other parties involved in such actions about such concerted anticompetitive actions and submit an application seeking exemption from liability, which must be submitted before the issuance of the preliminary conclusions in this case;
2) the person who engaged in concerted anticompetitive actions and submitted the application seeking exemption from liability to the Antimonopoly Committee sooner than the other parties involved in such actions shall be fully exempted from liability for committee such concerted anticompetitive actions, if this person: has disclosed such concerted anticompetitive actions to the Antimonopoly Committee; has discontinued their involvement in the concerted anticompetitive actions no later than the date of submission of the application seeking exemption from liability, except where such involvement in the anticompetitive actions is needed in order to ensure the integrity of examination of the case; has cooperated with agencies of the Antimonopoly Committee; has presented the relevant evidence which the Antimonopoly Committee did not possess;
3) any party involved in concerted anticompetitive actions may file an application with the Antimonopoly Committee seeking mitigation of liability by presenting the relevant evidence of the commission of concerted anticompetitive actions, which is of material significance for the issuance of a decision in this case and which the Antimonopoly Committee did not possess, as long as this party has disclosed such concerted anticompetitive actions to the Antimonopoly Committee; has suspended their involvement in the concerted anticompetitive actions no later than the date of submission of the application seeking exemption from liability; has cooperated with agencies of the Antimonopoly Committee;
4) the grounds and procedure for exemption from liability or mitigation of liability shall be established by the Antimonopoly Committee;
5) the procedure for exemption from liability or mitigation of liability shall define the procedure for documenting the submission of applications seeking exemption from liability or mitigation of liability, and the requirements for the format of such applications;
6) the information that exposes concerted anticompetitive actions and is of material significance of the issuance of a decision in the case shall include, in particular, the details of the applicant; information about all known parties involved in the concerted anticompetitive actions; a detailed description of the purpose and nature of the concerted anticompetitive actions; information about the boundaries of the commodity market affected by them; the market share covered by them; a description of contacts and interactions among the parties involved in the concerted anticompetitive actions; information about evidence of the concerned anticompetitive conduct;
7) officials and officers of the Antimonopoly Committee are prohibited from disclosing information about the applicant and the information reported by them;
8) the Antimonopoly Committee shall examine cases involving exemption from liability or mitigation of liability as well as inform the applicants about the decision to apply (or deny the application) of the program of exemption from liability or mitigation of liability within the time frame established by the Antimonopoly Committee;
9) the persons exempted from liability shall not be subject to the requirements of the Law of Ukraine On Public Procurement pertaining to the prohibition from participating in the procurement process due to the commission of concerted anticompetitive actions, except for the persons who repeatedly engaged in concerted anticompetitive actions;
10) in case of mitigation of liability, the fine amount shall be reduced by the agency of the Antimonopoly Committee compared to the previously calculated fine amount depending on the sequence in which the other parties involved in concerted anticompetitive actions have divulged information that exposes the concerted anticompetitive actions and is of material significance for the issuance of decisions in the case (by up to 50 percent for the first person, by up to 30 percent for the second person, and by up to 20 percent for the other parties).
Antimonopoly Committee of Ukraine
The measure was implemented on time and in full
Implemented
100%
1 /
1
0.0%
Problem 2.2.6.
A significant number of administrators of government aid for business entities provide government aid that is illegal and has been recognized by the Antimonopoly Committee as inadmissible for competition, which has a negative impact on competition and may stem from prior corrupt arrangements.
0%
0 /
2
0.0%
1.1
ОСР
2.2.6.1.
Legislation establishes legal liability of officials who are administrators of government aid for violating the requirements of the Law of Ukraine On Government Aid to Business Entities by providing illegal and inadmissible government aid
2.2.6.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Law of Ukraine On Government Aid to Business Entities, which defines:
1) the kinds of liability of managers and other officers of the entities providing government aid for violating the requirements of the aforementioned Law, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment;
2) the obligation of the officials of the Antimonopoly Committee to report to the law enforcement agencies any detected punishable violations of the law committed by managers and other officials of entities providing government aid.
Antimonopoly Committee of Ukraine
Not started
0%
0 /
2
0.0%
1.2
2.2.6.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Code of Ukraine on Administrative Offenses, which defines:
1) the elements of violations of legislative requirements pertaining to government aid provided to business entities, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment;
2) sanctions for such violations.
Antimonopoly Committee of Ukraine
Not started
Problem 2.2.7.
The ineffective mechanism of preliminary inspection and assessment of the impact on competition during the establishment and operation of business entities causes a negative impact on competition.
0%
0 /
1
0.0%
1.1
ОСР
2.2.7.1.
Effective mechanisms have been introduced at the legislative level to control the impact on competition in connection with possible anticompetitive activity in sectors of the economy
2.2.7.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law stipulating that:
1) the Antimonopoly Committee shall establish the procedure and time frame for approval of drafts of normative legal acts and other decisions of government agencies, local self-government bodies, agencies exercising administrative and economic management and control, which can potentially affect competition, particularly those relating to the creation of business entities, instituting or modifying the rules of their market behavior, or those that could potentially cause prevention, elimination, restriction, or distortion of competition in the relevant markets;
2) the list of documents to be submitted by the applicant for state registration of a legal entity shall also include the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity;
3) the absence of the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity shall be grounds to deny state registration of the legal entity.
National Agency on Corruption Prevention
Not started
0%
0 /
1
0.0%