Direction 2.4.
Public and private sectors of the economy
56.5%
35 /
62
0.0%
Problem 2.4.4.
A high level of tolerance of corruption in the private sector of the economy
56.5%
35 /
62
0.0%
1.1
ОСР
2.4.4.1.
Legislation has been amended to introduce incentives for the private sector to improve business integrity
2.4.4.1.1 Arranging an analytical study to determine the feasibility of amendments to the Criminal Code and the Criminal Procedure Code of Ukraine and other laws to integrate the recommendations of the OECD:
1) expanding the grounds for imposition of criminal penalties on legal entities to include crimes of corruption committed not only by an authorized representative for and on behalf of the legal entity, but also by the ultimate beneficial owner (controller), a lower-level employee of the legal entity, and third parties;
2) providing for such a kind of a remedy under criminal law as restricting a legal entity from engaging a certain kind of activity (including by revoking a previously issued permit and/or license);
3) providing for such a kind of a remedy under criminal law as imposing a compliance obligation on a legal entity, and compiling the list of such obligations;
4) allowing the court to exempt a legal entity from penalties under criminal law or mitigate the penalty imposed on the legal entity if the court has found that the compliance rules, mechanisms of internal control, and anticorruption program in place at the legal entity are effective, or that sufficient efforts were made to prevent the commission of the crime of corruption;
5) granting the court powers to impose specific obligations on a legal entity, so that when such obligations are performed the legal entity will not be criminally prosecuted;
6) providing for the possibility of legal entities entering into an agreement on deferral of judicial prosecution;
7) setting forth the requirements for the agreement on deferral of judicial prosecution.
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
46.7%
7 /
15
0.0%
1.2
2.4.4.1.2 Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.4.4.1.1, followed by its expert discussion
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
1.3
2.4.4.1.3 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft laws proposing amendments to the Criminal Code and the Criminal Procedure Code of Ukraine as well as other laws of Ukraine that would integrate the OECD recommendations based on the findings of the analytical study indicated in subclause 2.4.4.1.1
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
1.4
2.4.4.1.4 Analyzing the provisions of the OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
National Anti-Corruption Bureau of Ukraine
The measure has not been implemented
Not implemented
1.5
2.4.4.1.5 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL]
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
1.6
2.4.4.1.6 Analyzing the provisions of the OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
Ministry of Economy of Ukraine
The measure was implemented on time and in full
Implemented
1.7
2.4.4.1.7 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163]
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
1.8
2.4.4.1.8 Analyzing the provisions of the OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
Ministry of Finance of Ukraine
The measure was implemented on time and in full
Implemented
1.9
2.4.4.1.9 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)]
Ministry of Finance of Ukraine
The measure was implemented on time and in full
Implemented
1.10
2.4.4.1.10 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to legislative acts with a view to implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, with the exception of the amendments indicated in subclauses 3.3.1.1.3, 3.3.1.2.3, 3.3.2.1.1 і 3.3.2.4.1
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
1.11
2.4.4.1.11 Ensuring the regular participation of Ukrainian representatives in meetings of the OECD Working Group on Combating Bribery in International Business Transactions
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
There is no progress in the implementation of the measure
In progress
1.12
2.4.4.1.12 Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Law of Ukraine On Ratification of the Agreement (via an Exchange of Letters) on Ukraine’s Accession to the OECD Working Group on Combating Bribery in International Business Transactions
Ministry of Foreign Affairs of Ukraine
The measure was implemented on time, but partially
Partially implemented
1.13
2.4.4.1.13 Arranging the payment of fees to the OECD Working Group on Combating Bribery in International Business Transactions for participation in the group’s activities
Ministry of Finance of Ukraine
There is no progress in the implementation of the measure
In progress
1.14
2.4.4.1.14 Ensuring Ukraine’s successful in-depth cross-examination by the OECD to verify Ukraine’s readiness for membership in the OECD Working Group on Combating Bribery in International Business Transactions, and invitation for Ukraine to join it as a full member
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
Implementation of the measure has not started
Not started
1.15
2.4.4.1.15 Arranging the ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
Not started
2.1
ОСР
2.4.4.2.
Permanent and effective cooperation has been established among public authorities, the business community, the Business Ombudsman Council, and the Ukrainian Network of Integrity and Compliance on issues pertaining to protection of legitimate business interests, analyzing systemic problems and developing amendments to legislation, promoting a business culture of integrity, ethics, and accountability
2.4.4.2.1 Participation by representatives of government agencies in activities conducted as part of the annual month of business integrity of compliance practitioners of the Ukrainian Network of Integrity and Compliance
Ministry of Economy of Ukraine
There is no progress in the implementation of the measure
In progress
0%
0 /
5
0.0%
2.2
2.4.4.2.2 Developing a mechanism for publication of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine
Ministry of Digital Transformation of Ukraine
Not started
2.3
2.4.4.2.3 Public discussion of the developed mechanism for publication of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine, review of mechanism improvement proposals
Ministry of Digital Transformation of Ukraine
Not started
2.4
2.4.4.2.4 Implementing the mechanism for publication of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine
Ministry of Digital Transformation of Ukraine
Not started
2.5
2.4.4.2.5 Quarterly updating of information about the spending of resources allocated by international partners for the rebuilding of Ukraine, information about entities receiving funds for implementation of projects envisioned in the action plan towards post-war rebuilding and development of Ukraine
Ministry of Digital Transformation of Ukraine
Not started
3.1
ОСР
2.4.4.3.
The Business Ombudsman Council, business representatives, collective action initiatives, business associations and trade unions have developed a concept for implementation of anticorruption standards in the private sector of the economy
2.4.4.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to authorize the National Agency to develop anticorruption standards for the private sector of the economy in line with international standards and European Union standards
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
50%
2 /
4
0.0%
3.2
2.4.4.3.2 Developing the draft of anticorruption standards for the private sector of the economy
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
3.3
2.4.4.3.3 Holding a public discussion of the draft indicated in subclause 2.4.4.3.2, obtaining expert opinions and revising the draft
National Agency on Corruption Prevention
The measure was implemented on time, but partially
Partially implemented
3.4
2.4.4.3.4 Approving the revised draft indicated in subclause 2.4.4.3.2
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
4.1
ОСР
2.4.4.4.
Methodological assistance has been provided to private business entities on the practice of applying anticorruption standards, identifying corruption risks in their operations, as well as developing and implementing effective anticorruption programs aimed at eliminating these risks
2.4.4.4.1 Developing and approving methodological documents on building an integrity-based (effective) organization, identifying and eliminating risks of corruption in the operations of a legal entity, particularly:
1) when analyzing agreements and contracts signed with legal entities;
2) during business hospitality events;
3) in employment relations;
4) in matters of ensuring observance of sanctions laws;
5) when business entities engage in charitable activities.
National Agency on Corruption Prevention
The measure was implemented on time, but partially
Partially implemented
100%
2 /
2
0.0%
4.2
2.4.4.4.2 Developing and approving methodological documents on the practice of application of standards of integrity (anticorruption standards), particularly in matters of:
1) organizing the workflows of the anticorruption compliance function and anticorruption compliance units;
2) the content of job descriptions with the functions of anticorruption compliance officers or individuals tasked with performing their functions;
3) conducting anticorruption compliance investigations.
National Agency on Corruption Prevention
The measure was implemented on time, but partially
Partially implemented
5.1
ОСР
2.4.4.5.
In cooperation with the business community, assistance has been provided to legal entities under private law in developing and improving their codes of integrity based on best corporate governance practices
2.4.4.5.1 Developing the draft of the model code of integrity, which contains provisions on:
1) corporate values and the corporate code of conduct;
2) liability for violations of this code;
3) ethical standards of the hiring process, assurance of equal opportunities for workers to avoid discrimination against them;
4) the procedure for interacting with civil servants, public relations, and dealing with business partners;
5) corporate social accountability and charitable donations;
6) conflict of interest and its resolution;
7) gifts and entertainment (including trips for clients) and lobbying fees;
8) political activity;
9) antimonopoly policy and unscrupulous competition;
10) protection of the legal entity’s property, confidential information and personal data, intellectual property.
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
66.7%
2 /
3
0.0%
5.2
2.4.4.5.2 Holding a public discussion of the draft of the model code of integrity indicated in subclause 2.4.4.5.1, obtaining expert opinions and revising the draft
National Agency on Corruption Prevention
The measure was implemented late and partially
Partially implemented
5.3
2.4.4.5.3 Approving the revised model code of integrity indicated in subclause 2.4.4.5.1
National Agency on Corruption Prevention
Implementation of the measure has started on time
In progress
6.1
ОСР
2.4.4.6.
Effective mechanisms for verification of information on the ultimate beneficial owners of legal entities under private law in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations have been introduced
2.4.4.6.1 Developing the draft Regulation on the Form and Substance of the Structure of Ownership of a Legal Entity
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
86.4%
19 /
22
0.0%
6.2
2.4.4.6.2 Clearing the draft Regulation indicated in subclause 2.4.4.6.1 with the concerned agencies
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
6.3
2.4.4.6.3 Approving the Regulation indicated in subclause 2.4.4.6.1, ensuring its state registration
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
6.4
2.4.4.6.4 Developing the draft of the Regulation on the Form and Substance of the Structure of Ownership of Legal Entities Subject to State Regulation and Oversight by the National Securities and Stock Market Commission (NSSMC)
National Commission on Securities and Stock Market
The measure was implemented on time and in full
Implemented
6.5
2.4.4.6.5 Clearing the draft Regulation indicated in subclause 2.4.4.6.4 with the concerned agencies
National Commission on Securities and Stock Market
The measure was not implemented on time and in full
Implemented
6.6
2.4.4.6.6 Approving the Regulation indicated in subclause 2.4.4.6.4
National Commission on Securities and Stock Market
The measure was not implemented on time and in full
Implemented
6.7
2.4.4.6.7 Developing and submitting to the Cabinet of Ministers of Ukraine and the National Bank the draft Methodology for Determining the Ultimate Beneficial Owner by a Legal Entity
Ministry of Finance of Ukraine
The measure was not implemented on time and in full
Implemented
6.8
2.4.4.6.8 Developing and submitting to the Cabinet of Ministers of Ukraine the draft Procedure for automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers
Ministry of Digital Transformation of Ukraine
The measure was not implemented on time and in full
Implemented
6.9
2.4.4.6.9 Developing the draft of the Procedure by which a legal entity must submit explanations and documents to prove information about ultimate beneficial owners and the structure of ownership, as well as the procedure for reviewing them
Ministry of Justice of Ukraine
The measure was implemented on time, but partially
Partially implemented
6.10
2.4.4.6.10 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.9, obtaining expert opinions and revising the draft
Ministry of Justice of Ukraine
The measure has not been implemented
Not implemented
6.11
2.4.4.6.11 Clearing the draft procedure indicated in subclause 2.4.4.6.9 with the concerned agencies
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.12
2.4.4.6.12 Approving the revised draft procedure indicated in subclause 2.4.4.6.9
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.13
2.4.4.6.13 Developing the draft of the Procedure by which the holder of the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations shall be notified by reporting entities about any discovered discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities
Ministry of Justice of Ukraine
The measure was implemented on time, but partially
Partially implemented
6.14
2.4.4.6.14 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.13, obtaining expert opinions and revising the draft
Ministry of Justice of Ukraine
The measure has not been implemented
Not implemented
6.15
2.4.4.6.15 Approving the revised draft procedure indicated in subclause 2.4.4.6.13
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.16
2.4.4.6.16 Developing the draft of the Procedure by which reporting entities shall relay information to the specially authorized agency about any discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.17
2.4.4.6.17 Approving the draft Procedure indicated in subclause 2.4.4.6.16
Ministry of Justice of Ukraine
The measure was not implemented on time and in full
Implemented
6.18
2.4.4.6.18 Developing the draft of the Procedure for holding legal entities liable and the procedure for determining the amount of fines for entering or submitting false information about the ultimate beneficial owner of the legal entity (or the absence thereof), failure to submit or late submission of said information
Ministry of Justice of Ukraine
The measure was not implemented on time and in full
Implemented
6.19
2.4.4.6.19 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.18, obtaining expert opinions and revising the draft
Ministry of Justice of Ukraine
The measure has not been implemented
Not implemented
6.20
2.4.4.6.20 Approving the revised draft procedure indicated in subclause 2.4.4.6.18
Ministry of Justice of Ukraine
The measure was not implemented on time and in full
Implemented
6.21
2.4.4.6.21 Providing the technical capability to make a notation in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations about a potentially misleading nature of the information about the ultimate beneficial owner or the structure of ownership of the legal entity and about the National Bank having found the structure of ownership of the legal entity to be nontransparent (transparent)
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
6.22
2.4.4.6.22 Ensuring the technical capability to perform automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers
Ministry of Digital Transformation of Ukraine
The measure was implemented late and partially
Partially implemented
7.1
ОСР
2.4.4.7.
A law on administrative procedure has been adopted, which defines the right of a person to be heard in the face of a pending unfavorable administrative act, ensures balanced decisions that legitimately balance public and private interests, defines the specifics of administrative proceedings in cases involving a large number of persons, and establishes the obligation to provide reasoning for decisions and specify the procedure for appealing them
2.4.4.7.1 Monitoring and issuing substantiated opinions objecting to the draft laws that provide for a postponement of the effective date of the Law of Ukraine On the Administrative Procedure by more than 18 months from the date of its publication, i.e. after December 15, 2023
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
40%
2 /
5
0.0%
7.2
2.4.4.7.2 Monitoring and issuing substantiated opinions objecting to the draft laws that propose amendments that would narrow down the subject matter of the effect of the Law of Ukraine On the Administrative Procedure
Ministry of Justice of Ukraine
There is progress in the implementation of the measure
In progress
7.3
2.4.4.7.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to align legislative acts with the provisions of the Law of Ukraine On the Administrative Procedure (in accordance with the plan of implementation of the Law of Ukraine On the Administrative Procedure)
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
7.4
2.4.4.7.4 Monitoring and issuing substantiated opinions objecting to the draft laws that propose regulating aspects of administrative procedures and are substantially inconsistent with the Law of Ukraine On the Administrative Procedure
Ministry of Justice of Ukraine
There is progress in the implementation of the measure
In progress
7.5
2.4.4.7.5 Arranging the training of civil servants and officials of local self-government bodies under professional development programs focusing on the general administrative procedure
National Agency of Ukraine on Civil Service
There is progress in the implementation of the measure
In progress
8.1
ОСР
2.4.4.8.
The law on administrative fees has been adopted, which defines the concept, kinds, and functions of administrative fees, the principles by which they are charged, paid, and used
2.4.4.8.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on the administrative fee that would define:
1) the concept, kinds, and functions of the administrative fee;
2) the principles of charging, paying, and using the administrative fee;
3) the unified criteria for charging and not charging fees for administrative services, particularly the need to establish which services should be paid for exclusively by law;
4) the minimum amount of the administrative fee;
5) specific and balanced amounts of the administrative fee for key administrative services in accordance with the relevant list;
6) the possibility of reducing or increasing the amount of the administrative fee bearing in mind the form and timeframe of the administrative service.
Ministry of Digital Transformation of Ukraine
Implementation of the measure has not started
Not started
0%
0 /
4
0.0%
8.2
2.4.4.8.2 Developing the draft of the Procedure for compiling the list of expenditures for the provision of an administrative service (prime cost) and using it to determine the amount of the administrative fee
Ministry of Digital Transformation of Ukraine
Not started
8.3
2.4.4.8.3 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.8.2, and ensuring its revision (if needed), approval, and submission for state registration
Ministry of Digital Transformation of Ukraine
Not started
8.4
2.4.4.8.4 Supporting the state registration of the draft order indicated in subclause 2.4.4.8.2 and its official publication
Ministry of Digital Transformation of Ukraine
Not started
9.1
ОСР
2.4.4.9.
Legislation establishes the obligation of internal auditors to report the facts of corruption and corruption-related offenses they have discovered
2.4.4.9.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend Article 61 of the Law and provide for the obligation of the employee of the legal entity conducting an internal audit to notify the specially authorized anticorruption entity as well as the officer responsible for preventing corruption in the operations of the legal entity, the manager of the legal entity, or the founders (shareholders) of the legal entity about any instances of corruption and corruption-related offenses, as well as instances where attempts were made to incite corruption in the operations of the legal entity
National Agency on Corruption Prevention
The measure was implemented on time and in full
Implemented
100%
1 /
1
0.0%
10.1
ОСР
2.4.4.10.
The law on the Institution of the Business Ombudsman has been adopted, which will help prevent corruption and corruption-related offenses or other violations of the legitimate rights and interests of business entities affected by unscrupulous conduct (actions, decisions and/or omission to act) on the part of government agencies and local self-government bodies
2.4.4.10.1 Supporting the consideration of the Draft Law of Ukraine On the Institution of the Business Ombudsman in Ukraine (registration number 3607 dated June 5, 2020) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law)
Ministry of Economy of Ukraine
The measure has not been implemented
Not implemented
0%
0 /
1
0.0%