Measure
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]
Measure status:
Actual execution date:
30.06.2024
The measure is aimed at achieving ESR:
2.4.4.1. Legislation has been amended to introduce incentives for the private sector to improve business integrity
Problem solving:
2.4.4. A high level of tolerance of corruption in the private sector of the economy
Deadlines:
Responsible implementors (authorities):
Ministry of Justice of Ukraine
National Agency on Corruption Prevention
Sources of funding:
state budget and/or international technical assistance funds
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year and/or funds of international technical assistance
Performance indicator:
The draft law has been submitted to the Parliament of Ukraine.
Implementing status
Progress/Result of implementation:
According to the information provided by the National Anti-Corruption Bureau of Ukraine (NABU): “Within the framework of measures outlined in subparagraphs 2.4.4.1.3, 2.4.4.1.5, and 2.4.4.1.10 of Appendix 2 to the SAP, the Secretariat of the Working Group established by the Presidential Decree of Ukraine No. 539, dated July 28, 2022, within the NABU, has completed the development of legislative amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, the Law of Ukraine “On Prevention of Corruption,” and other specialized laws.
These amendments were sent for review to relevant state authorities by letter No. 03/1-055/8020, dated March 20, 2024.
Additionally, draft amendments were provided for review and commentary to stakeholders, including business associations, public organizations, and practicing lawyers, who submitted their comments and suggestions.
To discuss proposed amendments, the NABU, in collaboration with the OECD, held a workshop on March 28, 2024, attended by representatives of state authorities, public organizations, and the private sector. On June 14, 2024, a working meeting was held between OECD experts and Members of Parliament of Ukraine, representatives of the Ministry of Justice, NABU, and National Agency on Corruption Prevention to discuss the proposed amendments and determine the next steps necessary for their adoption.
On May 24, 2024, the Cabinet of Ministers of Ukraine received draft laws of Ukraine “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine to Align with International Standards on the Liability of Legal Entities for Committing Corruption Criminal Offenses,” “On Amendments to Certain Legislative Acts of Ukraine to Align with International Standards on the Liability of Legal Entities for Committing Corruption Criminal Offenses,” and “On Amendments to the Law of Ukraine “On Public Procurement” to Align with International Standards on the Liability of Legal Entities for Committing Corruption Criminal Offenses” (letter of the Ministry of Justice No. 78054/11.1.1/4-24, dated May 24, 2024).
Their adoption will fulfill measures 2.4.4.1.3, 2.4.4.1.5, and 2.4.4.1.10 of Appendix 2 to the State Anti-Corruption Program.”
Thus, we are compelled to state that the measure has been partially completed since draft laws have been submitted for consideration by the Cabinet of Ministers of Ukraine, while the measure’s performance indicator requires the draft law to be submitted to the Verkhovna Rada.