Measure
1.1.4.1.1.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) defines the leadership role of the head of the institution in shaping and implementing the sectoral anticorruption policy in the Law of Ukraine On the Central Executive Authorities and remove the provision to the effect that the minister has a deputy minister tasked with the issues of combating corruption;
2) provides for the formation of the authorized unit (appointment of the authorized officer) in matters of prevention and detection of corruption at municipal enterprises, commercial entities, business entities that are managed (or whose corporates rights are managed) by state commercial association, state holding companies, or other state-owned commercial organizations; as well as for the possibility of appointment/designation of the authorized officer by courts of general jurisdiction, village or town councils;
3) unifies the principles of organization of the activities of authorized officers of government agencies, local self-government bodies, legal entities under public law, as well as legal entities under private law;
4) includes heads of authorized units of regional state administrations, executive offices of regional councils, state enterprises, and commercial entities in the list of heads of authorized units tasked with prevention and detection of corruption, whose dismissal at the initiative of the institution manager would require the consent of the National Agency;
5) expands the list of reasons for which the National Agency grants consent to the dismissal of the head of the authorized unit (authorized officer);
6) defines the powers of the National Agency to establish the recommended requirements for the minimum staff headcount of the authorized unit at local self-government bodies;
7) obligates the head of the government agency to adhere to the requirements with respect to the minimum staff headcount of the authorized unit tasked with prevention and detection of corruption at government agencies;
8) sets forth the obligation to coordinate with the National Agency any changes in the structure and staff of the agencies indicated in Part 1 of Article 19 of the Law, where such changes result in the reorganization of the authorized unit, the relocation or dismissal of its head or employees, as well as to obtain the approval of the National Agency for this structure and staff list where the authorized unit gets formed (authorized officer gets appointed) for the first time;
9) obligates the heads of agencies, enterprises, institutions, and organizations to sign a declaration of independence with the head of the authorized unit (authorized officer) using the model form approved by the National Agency and ensure adherence to this declaration, which would make it possible to specify more concretely the guarantees of independence of the authorized unit (authorized officer) from undue influence or interference with its activities;
10) provides for the approval of the appointment and dismissal of heads of authorized units (authorized officers) at regional offices of government agencies whose jurisdiction covers the entire territory of Ukraine, at enterprises, institutions, and organizations managed by government agencies by the heads of authorized units (authorized officers) of the relevant government agencies, and for the approval of the appointment and dismissal of heads of authorized units (authorized officers) of municipal enterprises by heads of authorized units (authorized officers) at the relevant local self-government bodies.
Measure status:
The measure is aimed at achieving ESR:
1.1.4.1. The institution of authorized anticorruption units (officers) is operating with integrity as an independent network of leaders drawing on best international and domestic practices and receives comprehensive coordination support from the National Agency
Problem solving:
1.1.4. The institution of authorized anticorruption units (officers) does not fully realize its potential due to insufficient guarantees of autonomy
Deadlines:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft law has been submitted to the Parliament of Ukraine.
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 1194 On Amendments to the State Anti-Corruption Programme for 2023-2025 dated 18 October 2024, the content of the measure was amended.
Implementing status
Progress/Result of implementation:
Станом на 30.09.2024 Національне агентство доопрацьовує законопроект та детально досліджує шляхи його вдосконалення зважаючи на важливість інституту уповноважених підрозділів (уповноважених осіб) з питань запобігання та виявлення корупції та масштабність необхідних змін.