Measure
2.5.10.1.1.(2).
Arranging the publication of the entire array of data defined in Part 1 of Article 3 of the Law of Ukraine On the Openness of Spending of Public Fund on road infrastructure projects on the Unified Web Portal on the Spending of Public Funds, particularly with respect to:
1) the administrator (recipient) of budget funds (name, identification code of the legal entity, address, last name, first name and patronymic of the manager);
2) the chief administrator of budget funds (name, address, last name, first name and patronymic of the manager);
3) the amount of budget allocations and/or budget subsidies for the relevant budget periods — total amount and broken down by budgetary programs;
4) the amount of budget expenditures and loans extended from the budget during the reporting period — total amount and broken down by budgetary programs (this must also include a listing of the kinds and amounts of the relevant revenue streams with respect to funds of the special fund of the budget);
5) information about contracts concluded during the reporting period (the subject matter of the contract, the contractor (name, identification code of legal entity, place of business address), the contract price, the unit price (if any), the quantity of goods, work and/or services purchased, whether or not the procurement process was held and, if not, the grounds for skipping the procurement process with a reference to the law, the amount of payments made under the contract during the reporting period, and the effective term of the contract);
6) information about the status of performance of contracts signed in previous reporting periods, with all appendices forming an integral part of such contracts (the subject matter of the contract, the contractor (name, identification code of legal entity, place of business address, last name, first name and patronymic of the manager), the contract price, the unit price (if any), whether or not the procurement process was held and, if not, the grounds for skipping the procurement process with a reference to the law, the amount of payments made under the contract during the reporting period, whether or not there have been any claims or penalties arising out of the performance of the contract, certificates of delivery and acceptance (certificates of services rendered, certificates of delivery and acceptance, performance of work), if any);
7) the number of business trips, including the number of business trips abroad, the total amount spent on business trips, including the amount spent on business trips abroad.
Measure status:
Actual execution date:
31.12.2023
The measure is aimed at achieving ESR:
2.5.10.1.
With regard to public infrastructure projects, the mandatory publication of all information required by the Law of Ukraine On the Openness of Spending of Public Funds and data disclosure in accordance with
CoST IDS (Infrastructure Data Standard) and publication of data (including design documentation and methodology for calculating the anticipated cost of procurement) in a machine-readable format in accordance with OC4IDS and OCDS standards
Problem solving:
2.5.10. Imperfection of existing control instruments and lack of transparency of road construction, repair, and maintenance processes
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 Unified Web Portal on the Spending of Public Funds performs the mandatory publication of all data in accordance with the Law of Ukraine On the Openness of Spending of Public Funds relating to road infrastructure projects.
Implementing status
Progress/Result of implementation:
In order to implement the measure provided for in subclause 2.5.10.1.1.(2) of the State Anti-Corruption Programme for 2023-2025, the Ministry of Communities, Territories and Infrastructure Development of Ukraine reported that: "clauses 2 and 8 of part three of Article 11 of the Law of Ukraine On Motor Roads (hereinafter - the Law) stipulate that the powers of the central executive authority implementing the state policy in the area of road industry and management of public motor roads of national importance include, in particular: organisation of construction, reconstruction, repair and maintenance of public motor roads of national importance in accordance with state construction norms and standards, etc.
According to clause 5 of part one of Article 13 of the Law, the public motor road management authority is responsible, in particular, for the proper use of budget funds for the construction, reconstruction, repair and maintenance of public motor roads.
In accordance with part ten of Article 3 of the Law of Ukraine On Sources of Funding for the Road Industry of Ukraine, the main administrator of the State Road Fund, which is used to finance the construction, reconstruction, repair and maintenance of public roads of national importance and other measures specified in clauses 1 and 3 of part four of this article, is the central executive authority implementing the state policy in the area of road industry.
We would like to draw your attention to the fact that according to part one of Article 2 of the Law of Ukraine On the Openness of Spending of Public Fund, the information published in accordance with this Law is prepared by administrators and recipients of funds from the State Budget of Ukraine, the budget of the Autonomous Republic of Crimea and local budgets, Pension Fund bodies, enterprises, as well as compulsory state social insurance funds and submitted by them for publication on the unified web portal on the spending of public funds. Responsibility for the inaccuracy and incompleteness of the information published in accordance with this Law lies with the heads of administrators and recipients of funds from the state and local budgets, enterprises, Pension Fund bodies, and compulsory state social insurance funds. The information published in accordance with this Law must be complete, truthful, accurate and actually reflect the actual data as of the relevant date or for the relevant period of time. The measure 2.5.10.1.1.(2) of the State Anti-Corruption Programme for 2023-2025 was implemented by the Ministry of Communities, Territories and Infrastructure Development of Ukraine within its competence. Due to this, the information on the status on the spending of public funds is published by the main administrator of budget funds - the State Agency for Restoration and Infrastructure Development of Ukraine". According to the information provided by the Ministry of Communities, Territories and Infrastructure Development of Ukraine as part of its reporting on the status of implementation of the measure, it is impossible to state that the measure has been implemented.
At the same time, if we analyse the information published by the Ministry of Communities, Territories and Infrastructure Development of Ukraine on the Unified Web Portal on the Spending of Public Funds, we can state that the latter publishes the information specified in Article 3 of the Law of Ukraine On the Openness of Spending of Public Fund on the respective web portal. In addition, we would like to draw attention to the fact that some information is published on the Unified Web Portal of the Ministry of Communities, Territories and Infrastructure Development of Ukraine in violation of the terms set by the Law of Ukraine On the Openness of Spending of Public Fund. For example, reports on business trips are published in violation of the 35-day deadline for their publication. In addition, as of the monitoring, reports for the fourth quarter of 2023 have not been published for most indicators, which is a direct violation of the requirements of the Law of Ukraine On the Openness of Spending of Public Fund. Given the above, we can state the formal implementation of this measure, but we emphasise the need to comply with the deadlines for the publication of relevant open data set by national legislation.