ANTI-CORRUPTION REFORM

Status update, 13.10.2015

 What has been done:

• The Government has approved the State Anti-Corruption Strategy Program Implementation for 2014-2017, in which the key tasks in anti-corruption reform for three years, persons in charge, and deadlines are specified. The Programme got positive feedbacks from experts and international organizations (World Bank, UNDP). The Programme was adopted by the Cabinet and published on the Ministry’s of Justice web site.
• Based on the open and transparent selection process, on April 16 the President appointed Artem Sytnyk, Director of the National Anti-Corruption Bureau (NAB). Since June NAB has been conducting an open competition to fill vacancies for detectives and administrative staff. It is planned to hire 506 employees to the Bureau's central office. Selection process is conducted with participation of the Civil Control Council, selected through an open voting. First group of 70 detectives selected - on September 7th they started 5-week training process. After the training the detectives will be able to start investigations. There is a separate budget line for the NAB in the State Budget 2015. NAB occupies a separate building allocated by the CMU.
• National Agency for Prevention of Corruption (NAPC) was created by a Directive of the CMU dated March 18, 2015. 5 members of the NAPC should have been selected by the end of April, but the selection process took longer due to a conflict with forming of a selection committee. The problem was solved due to the Ministry of Justice efforts. The Cabinet of Ministers approved the Selection Committee on September 2nd, and the Committee started selection process of the NAPC members. By the end of September it has finished reviewing of candidates' applications and started individual interviews. It is planned to finish candidates’ selection by the end of October. There is a separate budget line for the NAPC in the State Budget 2015. Selection of premises shall start after appointment of the NAPC's Members, with their participation.
• Law On Prevention of corruption (dated 14.10.2014) outlined a new system of financial control with electronic asset declarations of public servants through official web-portal of the National Agency for Preventing Corruption. Declarations should be stored in one database and published in a single State Registry. Ministry of Justice with support of international experts under the leadership of the World Bank has finished a ToR for a software development in order to launch an open electronic registry of public servants assets declarations, as well as mechanisms for declarations' audit. All developments will be transferred to the NAPC as soon as it starts operations.
• On July 2 the Parliament passed amendments to the Law On the Prosecutor’s Office that also address the establishment of a Specialized Anti-Corruption Prosecutor’s Office. The Prosecutor General of Ukraine based on an open selection process shall approve the Head and other administrative positions with the Specialized Anticorruption Prosecutor’s Office. The majority of the Selection Committee, which has to select and nominate candidates for approval, constitutes 7 representatives determined by the Parliament and four representatives of the General Prosecutor’s Office. The Selection Committee started its functioning on September 21st. It is planned that the Head of the Specialized Anti-Corruption Prosecutor's Office shall be selected by the beginning of December 2015.
• In September the President of Ukraine has signed a Decree (№563/2015) approving personal composition of the National Council for Anti-Corruption Policy. Mustafa Jemilev was appointed as the Chair of the Council. The Council has already conducted its first meeting, where status update on anti-corruption reform was presented. Creation of such kind of high-level anti-corruption reform coordination body at the national level was one of the requirements of the visa liberalization plan between Ukraine and the EU. The main Council's functions: development of the national Anti-Corruption Strategy and monitoring its implementation, systemic analysis in the area of preventing and fighting corruption.
• On April 9, 2015, the law on Access to Information Available as Open Data (Draft Law No. 2171, developed by public experts and submitted by the President of Ukraine) was adopted. According to the law, the concept of open data is introduced and the disclosure of such data is made through the creation of posts in the central portal and the websites of administrators, statutory disclosure of the public procurement databases, the register of legal entities, urban planning documents, etc. The law significantly reduces opportunities for corruption to take place.
  Creation of oversight independent body for access to public information is a requirement of 2014-2017 Anticorruption Strategy, a conditionality of EU State Building contract and others. A draft law has been developed by the Ombudsperson's office together with the civil society, CoE, EU experts, and submitted to the Parliament. In accordance with the draft law the Ombudsperson's office should become the oversight body.
• The Ministry of Justice of Ukraine presented a new Corruption Offender Registry. Before the changes were made, it was only possible to search by surname. Now, it is possible to search by name, patronymic, place of employment at the time of the offense, category of offense, and punishment or penalty. In addition, more information will be disclosed based on the search. Moreover, a file containing information about those who have been recently included in the Registry will be available to download from the website on a daily basis. The Registry has been running in a test run mode so far.

• On July 14, the Parliament passed amendments to several laws to enhance ownership transparency, prevent corruption, and in particular improve the level of access to registries of owners of property, vehicles, and land plots. Under the law, the transparency of public property registries will be increased, and the public will gain access to information about the owners of registered vehicles, real estate and complete information about the land plots contained in the State Land Cadaster. The law will promote public control over officials’ tax payments, as well as contribute to openness and transparency in the state and local authorities. The law came into effect starting October 6. Only one registry (on property) has been launched by the Ministry of Justice in accordance with new requirements. The registry of the land plots does not work properly still, and the Ministry of Interior hasn’t launched the registry of vehicles due to some technical issues.
• On October 8 the Parliament adopted the Law On Introducing changes to some legislative acts regarding preventing and fighting political corruption, according to which direct public funding for political parties and increased transparency of their financial flows shall be implemented effective of 2017. In the Law, the criteria by which parties receive funding from the state budget as well as relevant expenditure items are specified, and maximum levels of annual contributions to political parties by businesses and individuals are set.
• On October 8 the Parliament adopted in the first reading a package of the draft laws on creating of a special Agency for Assets Recovery and introducing necessary changes into Civil, Criminal and Criminal Procedure Codes regarding seizure, confiscation and management of stolen assets. This legislative package will make it possible to return disclosed and confiscated illicit assets back to Ukraine. At this moment it is almost impossible.
• Draft law On Integrity checks has been developed by the Ministry of Justice and has been sent for review of Venice Commission. The draft law defines a procedure for integrity checking of persons authorized to perform functions of the state or local governments.

 Priority actions till the end of the year:

• Finish training of detectives of the National Anti-Corruption Bureau (NAB) in order they could start investigating real cases of corruption among high-level officials.
• Finish selection process of five Members of the National Agency for Preventing Corruption. Hire minimal necessary staff of the Agency in order it could start monitoring public servants’ lifestyle.
• Appoint Head of the Specialized Anti-corruption Prosecutor’s Office and minimal quantity of anti-corruption prosecutors necessary to conduct cases, initiated by the NAB.
• Adopt in the second reading a package of draft laws regarding seizure, confiscation and management of stolen assets.
• Open and make fully operational the registries of owners of property, vehicles, and land plots.
• Conduct International Anti-Corruption Conference on November 16 in Kyiv.
• Start a well-planned and consistent anti-corruption communication campaign.