Key Benefits:
About the establishment of public anti-corruption policy in Ukraine (Anti-Corruption Strategy) for 2014-2017
(Information of the Verkhovna Rada (VR), 2014, No. 46, pp. 2047)
{With changes under the Laws
No. 1700-VII of 14.10.2014 , BBR, 2014, No. 49, pp. 2056
No. 595-VIII of 14.07.2015 , BBR, 2015, No. 37-38, pp. 366}
Verkhovna Rada of Ukraine ruling :
1. Cost The establishment of a state anti-corruption policy in Ukraine (Anti-Corruption Strategy) for 2014-2017 They're being added.
{Paragraph 2 lost validity on the basis of the Act No. 1700-VII of 14.10.2014 }
3. The Cabinet of Ministers of Ukraine in a three-month period from the day of entry into force:
To develop a mechanism for executing tasks (program) regarding the implementation of the national anti-corruption policy in Ukraine (Anti-Corruption Strategy) for 2014-2017;
To bring their legal and legal acts into compliance with this Act.
4. This Act will take effect from the day, the following day by the day of its publication.
CALL
Anti-Corruption Strategy in Ukraine (Anti-Corruption Strategy) for 2014-2017
Resolving the problem of corruption is one of the priorities for the Ukrainian society at today's development stage.
According to the research, the same corruption is one of the reasons that led to mass protests in Ukraine at the end of 2013-early 2014. According to a survey by the Global Corruption Barometer conducted by Transparency International in 2013, 36 percent of Ukrainians were ready to go outside, protesting corruption. According to the results of the International Foundation of Electoral Systems (IFES) in late 2013, the study of public opinion, corruption had already been involved in the list of the largest problems of the population and caused a particular concern of 47 per cent of its citizens. According to the analysis of the Corruption Perceptions Index held by Transparency International, Ukrainians consider their state as one of the most corrupt in the world: in 2012 and 2013, the state held 144 out of 176 countries in which the research was conducted.
This high rate of perception of corruption by citizens has been attributed to the lack of effective reforms in the area of corruption and the ineffective activities of the enforcement agencies to identify corruption offences and to bring perpetrators to responsibility, As evidenced, in particular, Ukraine's unsatisfactory execution of international obligations concerning the introduction of anti-corruption standards: with 25 recommendations by the Group of States against Corruption (GRECO), given the results of the first and second rounds of the evaluation, only 13 recommendations made despite six years of work and three rounds assessment of progress, and from 16 recommendations provided for third-round results, only three recommendations were made. From anti-corruption recommendations The Plan of Action for the Liberalization of the Visa Mode of the European Union (EU) only a small part about the criminalization of corruption. Key recommendations of the Group of States against Corruption (GRECO) and the EU on the formation of anti-corruption institutions, to conduct the reforms of the prosecution, public service, creation of control systems to prevent conflict of interest and integrity of officials remained unfulfilled.
With this National Anti-Corruption Strategy 2011-2015 , approved by the Decree of the President of Ukraine dated October 21, 2011 No. 1001 and did not become an effective tool for anti-corruption policies.
One of the main reasons for the unreliable execution of the National Anti-Corruption Strategy for 2011-2015 as the main software document in the anti-corruption sphere has become a lack of opposition to the international experience of clear indicators of state and its effectiveness. Okay.
In a specified Strategies There is no mechanism to monitor and evaluate its execution-it is not envisaged to be performed by the National Anti-Corruption Committee and in which way the public should be involved.
Thus, it is possible to be aware that there is actually no effective anti-corruption strategy in Ukraine today, which would take into account the problem of the problem and relevance of the situation.
Due to the necessary adoption, a new strategic document must be adopted, which would define first-term measures to prevent and counter corruption, which should create the basis for further reforms in this sphere.
2. FORMATION AND IMPLEMENTATION OF PUBLIC ANTI-CORRUPTION POLICIES
Under Articles 5 and 6 United Nations Convention against Corruption States parties must develop and implement effective coordinated policies on anti-corruption and form a specially authorized body (organs). The relevant recommendations are granted to Ukraine by the Group of States against Corruption (GRECO), the Organization for Economic Cooperation and Development (OECD) and EU experts.
In Ukraine, separate organizations with regard to the formation and implementation of anti-corruption policies have been sent to several institutions, including the National Anti-Corruption Committee, the Ministry of Justice of Ukraine, the Government Commissioner for Anti-Corruption Policy. However, such a distribution of the formation and implementation of anti-corruption policies between bodies with different legal status and the scope of powers does not meet international bodies governing its formation and implementation, nor the specialization criteria, nor by the criteria of independence.
Moreover, a number of functions in the field of anti-corruption policy have not been implemented by any state body, particularly the ongoing basis of assessing the state of affairs with corruption, monitoring the implementation of state anti-corruption policies. See the world of corruption.
In Ukraine the requirements of international legal instruments on the partnership of power and civil society in the field of anti-corruption policies-engage the public in the process of adopting public important decisions in the sphere of corruption takes place mostly in the form of Sunday consultations for formal enforcement of the requirements of the legislation.
Thus, in Ukraine, there is virtually no legal and institutional basis for the formation and implementation of anti-corruption policies based on cooperation of state bodies and the public.
2. Meta-creation of a system of decision making on anti-corruption policies based on the results of the analysis of the reliable data on corruption and factors that lead to it, including statistical observations, monitoring the implementation of these decisions and their effect on the state of affairs on corruption prevention by an independent specialized body with the involvement of civil society representatives, and the formation of public support in addressing corruption.
1) determine at the legislative level the organization and activities of the specially authorized body on the prevention of corruption, responsible, in particular, for the formation of the formation and implementation of anti-corruption policies. The stated body should guarantee independent activity with the broad participation of the civil society representatives and must be entrusted to, in particular, the following functions:
Preparation of an annual report on the status of the implementation of the Anti-Corruption Strategy and the draft report on the implementation of the anti-corruption policy;
Analysis of the state of corruption cases, preparation of proposals for regulatory action, organizational, personnel;
Monitoring and coordinating the implementation of the anti-corruption program;
Monitoring of legislation on conflict of interest and property declaration, income, expenditures and obligations of the financial character;
Engaging the public to the formation, implementation and monitoring of anti-corruption policies;
Dissemination of information on corruption, taking measures to form the world view of corruption;
2) to develop a draft of the Cabinet of Ministers of Ukraine on the approval of the nationwide methodology of the assessment of the level of corruption in accordance with UN standards, each year with the involvement of public awareness of the perception of corruption and confidence in the population bodies responsible for the prevention of corruption, the willingness of the population to participate in the activities of the prevention of corruption, prevalence and types of models of corruption behaviour, corruption of risks in the respective areas;
4) to hold annual hearings in the Verkhovna Rada of Ukraine on the national report on the state of affairs on corruption, which is prepared by a specially authorized body on issues of anti-corruption policy, and to publish the report along with findings and the recommendations of parliamentary hearings;
5) to provide the implementation of international standards of cooperation of the authorities and the public in decision making in the field of anti-corruption policies, in particular enshrined in the Code of the best participation of public participation in decision-making The Conference of the International Non-Governmental Organizations of the Council of Europe on 1 October 2009, and advance to new forms of cooperation such as dialogue and partnership;
6) to conduct on a permanent basis of information campaigns, focused on various social groups and aimed at eliminating the tolerance of corruption, increasing the level of cooperation of power and citizens in countering corruption.
Prevention of corruption in representative bodies
The level and extent of corruption in the country, the effectiveness of counter-corruption processes is largely dependent on the virtuality of elected officials, the democratic political system's democratic and the electoral process. Recent electoral campaigns in Ukraine, including local elections in 2010, a 2012 parliamentary election and some 2013 elections, indicate that the rough violation of democratic principles of avoidation (interference by authorities in the electoral process). The voters, illegal judicial decisions) have led to the fact that the people who do not meet the standards of virtue are largely on elected positions.
The subsequent process of the election of elected officials is also accompanied by corruption behavior, the most common manifestations of which are:
Conflict of interest in the activities of the elected persons, primarily a mixture of parliamentary work, political activity with entrepreneurial activities and work in the executive branch of the law;
The occupancy of the elected persons, the implementation of pressure on them or the business to which the deputies are concerned, with the goal of making certain decisions or the transition to another faction (the group);
illegal lobbying interests of individuals or business structures.
The main causes of this state of affairs are still weak institutions of democracy in Ukraine, corruption, electoral legislation, imperfect legislation on financing election campaigns and political parties, lack of proper legal regulation. concerning the prevention of conflict of interest in the activities of elected individuals and of transparent areas of lobbying. It is clear that the problem of political corruption can only be solved gradually, by forming new legislation, strengthening control over the activities of elected officials and representative bodies from relevant government bodies, institutions and agencies. Civil society, in particular the media, increase the political responsibility of the citizens for their choice and the popular ransmen for their activities. However, a series of legislative measures must be implemented in the near future.
2. The goal is to create transparent areas of funding for elections, activities of political parties, eliminating corruption risks in the activities of the elected authorities, and strengthening public control over their activities.
(1) To conduct an anti-corruption examination of electoral law and revise it based on the conclusions on corruption and European standards, including the recommendations of the European Commission for Democracy through Law (Venice Commission); Ensure the sustainability and legal certainty of electoral legislation;
2) to enact legislation on the recommendations of the Group of States against Corruption (GRECO) in part of the establishment of constraints and ensuring transparency and accountability of funding for political parties and election campaigns, particularly in part:
Unifying the regulation of funding for election campaigns provided by the laws of Ukraine "About the Election of People's Deputies of Ukraine" , "The Election of the President of Ukraine" And the local elections law;
{Paragraph 2, paragraph 2, paragraph 3, paragraph 3, with changes made under the Act No. 595-VIII of 14.07.2015 }
Introduction of direct public financing activities of political parties as a budget financing of the statutory activity of parties based on election results, in particular with the support of political parties that have no parliamentary representation, and Reimbursement of spending on the electoral campaign for political parties who have overcome the electoral barrier, in established law of size;
the definition of requirements for the transparency of the current funding of parties, including by regular reporting of reports, publishing reports of political parties in an accessible form with detailed information about the received incomes (including individuals who contributed to Funding for the party), expenses (expenses) and the commitment of the financial character;
A clear regulation of the exercise of donations and gifts, to establish limits on the size of the recipients ' acquisition of victims and gifts by political parties;
determining the content and forms of the annual reports of political parties; ensure the proper accounting of profits, costs, debts and assets, presentation of consolidated reports;
Introduce an independent audit of the current and pre-election reporting of parties by certified auditors;
creating an effective mechanism for monitoring compliance with legislation on funding of political parties and election campaigns, investigating violations and the influx of guilty persons to responsibility, creation (definition) with this purpose of state body, Which is the responsibility of international standards for independence and efficiency;
The establishment of dietary and proportional sanctions for violation of legislation on political finance;
3) to enact legislation on special mechanisms for the prevention of conflict of interest in the activities of elected officials, in particular with the definition of possible forms of conflict of interest, rules on its prevention and conduct in situations where conflict arises interests, institutional mechanism to monitor legislation on the conflict of interest and the proportional and deterrent sanctions for its violations;
(4) To enact legislation on the definition of the legal areas of lobbying, namely:
(norrifying) lobbying as a legal democratic path of the interaction of civil society and the legal state, defining legal forms and ways of lobbying;
Establishment of legislation overrun for corruption in the legal sphere;
Anticipation of the protection of the subject of enforcement from unlawful impact on their activities;
The prediction of the informing of the public about who and whose interests are lobbying in the state government;
Creating effective lobbying mechanisms;
The introduction of legal responsibility for the participants of the lobbying law and the determination of appropriate sanctions for illegal lobbying;
(5) to enact legislation on strengthening public control over decisions by elected officials, in particular through the introduction of the mechanism of pre-public discussion of public policy decisions using a positive Domestic experience and based on best world practice;
6) Increase the level of transparency of the Verkhovna Rada of Ukraine and local councils, in particular through the practical implementation of provisions for the access of citizens to meetings of representative bodies, publishing information on the activities of committees The Verkhovna Rada of Ukraine and local councils (including the minutes of meetings), promulgated information on the Internet of People's Deputies of Ukraine and local councils (on their funding, charges, assistants, their declarations of income, property, expenses and others). financial commitment, etc.), seamless access to information about List of representative bodies and reports on their use.
Creating a good public service
One of the key elements in the creation of a benevolent public service system is to reform state service legislation and service in local governments. Solving this problem was little to promote adoption in a new edition Law of Ukraine "Public Service" dated November 17, 2011. However, the specified Law, the opinion of European and Ukrainian experts, does not meet international standards and best world practice, particularly on issues such as the introduction of public service and the passage of public service, classification of posts (division). posts in groups and subgroups, separation of political and administrative positions, appointing assistants (advisers) of political persons), termination of public service, payment of labour (warehousing, transparency, and motivation to pay public service) (a) Disciplinary responsibility.
Thus, reform of the public service remains at this time.
Synchronously with the reform of the public service system, and the settlement of the conflict of interest, the transparency of the income and expenditures of public servants.
Legislation on preventing conflict of interest contains only general formulation without establishing special legislative rules on preventing conflict of interest and its solution to the specifics of the regulation sphere. Another aspect of the problem is the lack of a proper institutional securing of the rules on the conflict of interest. There is no way to enforce the rules of compliance with respect to the conflict of interest by applying effective and deterrent sanctions.
In addition, an effective system of monitoring data contained in the declarations of property, income, expenditures and obligations of the financial nature of public servants was not created. Ukraine has a decentralized system of harvesting, storage, publishing and testing such declarations. The declarations are presented in a paper form to the personnel service of the agency in which the serviceman works, and is kept in it. Verification of the declarations rests on the tax authorities that do not have the proper level of independence to conduct effective declarations of declarations. The representation of unworthy information in the declaration is not punishable by criminal liability. Such a system actually leads to concealment of income and property by public officials.
In Ukraine, a number of legislative acts governing the ethical standards of personnel conduct, in particular Law of Ukraine "On the rules of ethical behavior" and the field codes of ethical behavior. However, the actually established institutional infrastructure to enforce such standards, and relevant functions are partly to authorize units on detection and prevention of corruption and cadre units that do not comply. International Standards. It is also not defined by the authorities responsible for monitoring the introduction of ethical standards for the conduct of public servants and the production of relevant public policies.
It is also necessary to implement the Institute of Good News Distortions of the facts of corruption and to protect them from prosecution and to help public servants to report on suspicion of corruption.
It is essential to strengthen public service resistance to the manifestations of corruption, and the credibility of it on the part of citizens can test for benevolence: simulation of situations similar to those arising in the day-to-day activities of a public servant with the purpose of verifying The virtue of the conduct of a serviceman under certain circumstances. Such checks should be conducted in order to ensure professional insub, prevention of corruption among public servants, check compliance with their officials, ethical standards of conduct, detection, evaluation and elimination. The factors that lead to corruption. At the same time, such checks may have the nature of provoking the provision of misconduct and therefore cannot be grounds for the onset of criminal proceedings. In order to enforce human rights, in order to enforce such checks, the procedure should be determined by law.
2. The goal is to create a system of good and professional public service according to international standards and better world experience.
1) prepare and make changes to Law of Ukraine The "Public Service" passed in 2011, with regard to the proposals of the SIGMA program, the public, reconcile it with Law of Ukraine "On the service to local governments" and to ensure their implementation, monitoring their implementation and further revision with regard to acquired experience;
2) to enact the law on the introduction of effective detection mechanisms, preventing conflict of interest, as well as the declaration of property, income, expenditures and obligations of the financial nature of public servants, predicting, in particular:
Legal instruments of detection, prevention and settlement of situations related to the occurrence of conflicts of interest;
View the size of the costs that are subject to the declaration, and other forms of the declaration to identify possible conflicts of interest;
The introduction of an open single electronic database of declarations;
Establishment of an independent body with sufficient powers to enforce control of legislation on preventing conflict of interest and the fullest and authenticity of declarations;
Applying proportionate and deterrent sanctions for violations of legislation on preventing conflict of interest and declaration of income, expenditures and obligations of the financial character;
3) put on a specially authorized body on prevention of corruption functions to monitor the practice of applying ethical standards and to provide discharges with the purpose of adjusting the shortcomings of application practice; ensure regular Training officers on ethics and compliance with anti-corruption requirements; establish implementation on a permanent basis for improving the qualifications of persons authorized to fulfill the functions of the state and local government on corruption prevention and ethical standards of behavior with regard to the possibility of an introduction An electronic system of assessing knowledge on these issues;
4) to enact the protection law of persons who are virtually reporting corruption offences (s), predicting the obligation of the message and protection of the detractors, the creation of internal and external channels of information, the protection of the excurators; from oppression and harassment, as well as measures to stimulate corruption, put on a specially authorized body of functions to conduct monitoring and analysis of the practice of applying the law and to take action on its proper application, The introduction of sanctions on the hiding of the facts of corruption offences; Organize a wide nationwide news campaign to explain the provisions of the law. Exercise on a permanent basis for training on the facts of corruption;
5) to adopt the law on the conduct of inspections of public servants on virtue in predicting the rules and order of such inspections, the guarantee of legality and control, the consequences of the conduct (encouragement or influx to disciplinary). ) and that such checks are not informer investigative actions, their results cannot be used in the criminal process as a means of evidence, with their results of criminal proceedings not being opened. Also predict in Penal Code of Ukraine the provision of non-legal benefit to the use of wrongly authorized entities in the sphere of corruption of the situation in which the subject has already been impersonated on the basis of whether or not to obtain a non-legal benefit;
6) reform the payment system of public servants by a substantial increase in the level of posts (with regard to the level of payment of labour at similar positions in the private sector), cancellation or significant limit of prizes (additional payments) are distributed to the discretion of the leadership, the abolition of unreasonable benefits and benefits.
Prevention of corruption in the activities of the executive branch
In addition to the exercise of a number of measures aimed at ensuring virtuality in public service, corruption prevention in the executive branch needs to reform the procedure of these bodies. Given that most of the measures involved should be implemented within administrative reform (reduction of discretionary powers, openness and transparency of administrative decisions, limits of opportunities for contacts between the official and the client) The settlement of the order of administrative services, etc.), this Strategy defines only those measures that are purely anti-corruption.
One of the main problems associated with the high level of corruption in the activities of the executive branch is the lack of effective active anti-corruption programs. Existing in the executive branch, annual plans for corruption prevention are mostly formal and reproduce the provisions of appropriate higher-level acts. The detection of the facts of corruption is effectively indifferent because there is no system of detection and analysis of the risks of corruption procedures, and there are no mechanisms of reports of suspicion of corruption and protection of persons reporting. The units responsible for the development and implementation of information on the detection and prevention of corruption do not have the appropriate phase and level of independence, most of which rely on personnel.
There is also no body that would carry out coordination, monitoring, and methodological support of the executive authorities during the development of their anti-corruption programs. A similar problem exists in state, treasury, communal enterprises and economic societies, in which the state or communal share of shares (particles, paes) exceeds 50 percent (further-state enterprises).
Another sphere with high risk of corruption is the functioning of state-owned enterprises.
Restrictions on the prevention of corruption in state enterprises are valid only for the officials of public law, which does not cover a large portion of workers ' workers. This causes conflicts of interest (such as contracting contracts with related management of state enterprises by legal entities), an opaque personnel selection, leading to a job at one enterprise of close relatives or relatives. The incompetent persons who are closer to the leadership of the public enterprise, conduct their own business at the expense of the resources of the state enterprise. The procurement of enterprises has been withdrawn beyond transparent procedures, and policies on prevention of corruption are in fact not conducted. Moreover, the activities of state enterprises are opaque, the public has no ability to obtain information about the purpose and grounds of their formation, the economic effect from their activities provided by the state property and financial obligations and results of the activities of those enterprises.
It also leads to significant losses in public sector activity and ineffective management of the state property.
2. The purpose is the introduction of effective anti-corruption programmes in the central executive branch and in state enterprises, ensuring the transparency of their activities.
(1) Make changes to legislation on the adoption and periodic review of anti-corruption programmes in the central government and in state enterprises. Applications should consist of the results of the results of the analysis of corruption risks within the scope of the relevant body of power or enterprise, agreeing specifically by the authority on anti-corruption policies and foreseeing, in particular:
Definition of a general information policy on preventing and countering corruption in the relevant area, persons responsible for monitoring its implementation, evaluation and periodical view;
The methodology of assessing corruption risks in the activity of an organ or state enterprise, the corruption risks, the reasons for which they are generated, and the conditions that lead to them;
Measures to eliminate corruption risks, persons responsible for their implementation, lines and necessary resources;
Learning and disseminating information on anti-corruption programs;
Monitoring and execution evaluation procedures;
2) to form in the executive branch and state enterprises of the commission as a member of workers of enterprises led by the deputy head of the body/state enterprise, to the duties of which are to be prioritized, coordination and monitoring the execution of programs, providing advice and advice on corruption prevention, consideration of information on suspicion of corruption; introduce other mechanisms to prevent corruption, including ethics codes, internal and external (before specially) The Commissioner of Authorities for the Corruption of Corruption) channels of corruption and mechanisms for the preservation of the anonymity of the applicant and its protection from prosecution, system of detection, assessment of corruption risks and response to them;
(3) To enact acts on amendments to the laws and regulations on:
Introduction of standards and recommendations of the Organization for Economic Cooperation and Development of Corporate Governance in the State enterprises in the activities of state-owned enterprises in Ukraine;
the dissemination of the standards of prevention of corruption Law of Ukraine "On the principles of preventing and countering corruption", by public enterprises, in particular the prevention of conflict of interest, the ethics of conduct, declaration of property, income, costs, and obligations of the financial character.
Prevention of corruption in public procurement
The issue of corruption manifestations during public procurement is extremely serious. According to the Security Service of Ukraine, losses from corruption proceedings during public procurement procedures were 10-15 percent (35-52, 5 billion hryvnias) of the outstanding portion of the state budget each year. According to the official statistics for 2013, the total amount of funds under the established contracts in the reporting period for purchases of goods, works and services amounted to almost 186 billion hryvnias. Much of the procurement is carried out outside of government control over an uncompetitive procedure (in one supplier). In 2013, nearly 50 percent of all purchases were conducted under this procedure. Before the deteriorating situation, the Law of Ukraine was adopted on 4 July 2012. No. 5044-VI "On Amendments to Certain Legislative Acts of Ukraine on Public Procurement", which effectively established corruption rules of the game in the procurement market of state-owned enterprises (the size of this market is almost 307 billion hryvnias each year).
One of the first steps of the new government was the adoption of a new edition Law of Ukraine "Public Procurement".
Defined Law For:
To cut from 44 to 10 units, the list of cases which does not apply;
Identify the concepts of customers and to adapt the procurement procedures of one participant according to the principles of EU directives;
Reduce the list of reasons for non-competitive procedures to reduce the number of cases of its application;
to cancel the need to house public procurement information in the state official print edition of public procurement and in the international public procurement information edition, leaving behind the duty of publishing this information to the web portal of an empowered authority to simplify access to it, savings of budget funds spent on publishing such information, and ensuring transparency of the access to information on public Procurement;
Publicize the annual web portal plans for an authorized body to provide savings to public funds and to streamline public access to information about planned public procurement;
Allow customers to use electronic means during the application of individual procurement activities.
Thus, most of the strictest legislative problems in this sphere with acceptance Law will be solved. Monitoring the implementation of new legislative provisions, analysis of their effectiveness in terms of eliminating corruption risks and appropriate adjustment in the case of deficiencies.
2. The aim is to continue to reform state procurement legislation in order to address the risks of corruption and the introduction of a transparent public procurement system.
1) to ensure that the public ' s involvement with the involvement of the public and Law of Ukraine "On the exercise of public procurement" with the aim of identifying flaws in enforcement, causes and conditions that lead to corruption risks in public procurement;
2) Review Law of Ukraine "On the exercise of public procurement" with regard to the practice of its application, the need to further improve its provisions, in particular the prevention of conflict of interest, the strengthening of sanctions for violating its provisions, etc.;
3) to take other measures to prevent corruption in public procurement, in particular:
To ensure the functioning of a ban on participation in procurement procedures (specifically the physical and legal entities that have been prosecuted for corruption or related procurement procedures) and Register of non-voluntary participants in public procurement;
Adopt a system of electronic procurement;
4) expand access to procurement information, in particular by publishing the procurement contracts.
Prevention of corruption in the judiciary and criminal justice bodies
According to sociological studies, in particular, the Global Corruption Barometer, from Transparency International and the Gallup International Association, is the most corrupt sphere of the Ukrainians (66 per cent). Similar results demonstrated a summary of the study carried out by the Ukrainian Center for Economic and Political Studies named after Alexander Razumkov: Ukraine ' s judicial power is considered the most corrupt sphere, and 47 percent of respondents believe that The corruption of the judiciary is all over. According to the World Justice Project (Rule of Law Index), Ukraine in the "lack of corruption" in the judiciary was ranked 94 out of 99 analyzed countries.
According to the court index, which is defined by the European Business Association, the judiciary has discredited itself also in the eyes of the business environment: for all the constituent indices the assessment of the proceedings in Ukraine is negative.
One of the main reasons for the destruction of the judiciary was failed in 2010 by judicial reform: adoption Law of Ukraine "On the justice and status of judges" had a negative impact on the authorities of the judiciary-they became fully dependent on political power. The political principles of the formation of the Supreme Council of Justice and unclearly articulated grounds for the disciplinary responsibility have led to the fact that the judges actually lost the guarantee of independence of their activities. The mechanism for the selection of judges was characterized by abuses by the authorities responsible for the procedure.
The first step in reforming the judiciary was the adoption on 8 April 2014. Law of Ukraine "On restoration of confidence in the judiciary in Ukraine", which promoted the establishment of legal precedents for self-cleaning of the judiciary for direct participation of the public.
Due to the basic principles of the judiciary and the status of judges, Constitution of Ukraine It is necessary to ensure the accounting of international standards in the sphere of justice during the amendment to the Constitution of Ukraine.
The prosecution also requires the prosecution and other organs of the criminal justice system. The results of the study carried out by the Ukrainian Center for Economic and Political Studies named after Alexander Razumkov, indicate that law enforcement agencies, according to Ukrainians, are more than 45 percent corrupt.
Despite the adoption in 2012 Criminal Procedure Code of Ukraine As defined by the new role of the prosecutor in the criminal proceedings, the Procurator's legislation until this time is in compliance with the standards of the Council of Europe. The main problems of the prosecutor ' s office remain too broad of the processional powers of the prosecutor who give him to intervene in the activities of enterprises, institutions, organizations, the lack of sufficient guarantees of independence by prosecutors, Competitive examination of the prosecution personnel.
Equally important is the reform of the internal affairs bodies and other law enforcement agencies. The system of law enforcement is inherent in an overly cumbersome structure, which is complicated by the presence of mule and ininherent functions, imperfect legislative regulation, low performance efficiency, and lack of an evaluation system that reflects the real results of the activity, inefficient system of selection, training and training of staff, and mechanisms for the responsibility of the workers of the law enforcement. The lack of reforms in the sphere of criminal justice authorities has led to the number of employees of the system being one of the highest in the world (for example, one hundred thousand population workers are twice as large as the others). of the world), leading to an ineffective spending of budget funds. More than one million Ukrainians in 2012 were victims of domestic violence.
2. The purpose is the reform of the judiciary in Ukraine and to eliminate the risks of corruption in the proceedings and activities of criminal justice bodies.
(1) To accept the conclusions of the European Commission "For Democracy through Law" (Venice Commission) The Constitution and to the laws of Ukraine, aimed at reforming the judicial and status of judges based on European standards, provided in particular:
Reduction of the volume of judges immunity and the judge of only functional immunity (immunity from actions committed in the execution of judges ' functions);
Resolution on the prevention and resolution of the conflict of interest in the activities of representatives of the judiciary;
The definition of special verification of candidates for the position of a judge;
Presentation, publication (in particular on the Internet) and monitoring the authenticity of the data of the declarations of judges on property, income, expenditures and obligations of the financial character;
the creation of a judicial system of individual authority or relying on judicial authorities (not related to disciplinary functions) of advisory functions on ethical standards, conflict of interest and property declaration, income, Expenditures and obligations of the financial character;
Conduct periodic training of judges on issues related to the standards of preventing and countering corruption, given them during the certification of the judge;
(2) To accept the conclusions of the European Commission for Democracy through Law (Venice Commission), change to The Constitution and the laws of Ukraine, aimed at reforming the prosecution based on European standards, predicting the following:
Limitation of the office of the Prosecution of Criminal Justice;
To ensure that the independence of prosecutors has sufficient guarantee of independence;
The change of principles of the formation of the territorial network of the prosecution bodies to eliminate corruption factors in the form of "corruption alliances" by the local authorities, prosecutors, police and courts;
The implementation of the transparent competitive examination of the examination of the prosecution of the prosecution bodies;
(3) To adopt normative legal acts on the reform of the internal affairs bodies, predicting, in particular:
The current and clear structure of the bodies of the interior, the elimination of the most corrupt units of the militia;
Establishment of a local militia (police);
attached exclusively to the law of the organs of the interior of the interior, the maximum reduction of the known normality and bringing it into compliance with Constitution and the laws of Ukraine;
The basis of transparency and accountability of the internal affairs organs, independent evaluation of their work;
To provide a proper investigation into the abuse of internal affairs workers.
Prevention of corruption in the private sector
The main reason behind corruption in the private sector is the actual irrigation of business and power, leading to the use of political influence to do business, illegal lobbying to enact laws and other regulations.
Another reason is that business conditions create the basis for the existence of corruption practices. In particular, it is an imperfect and unstable legislation that has passed, in particular, due to the illegal lobbying of certain business interests, complicated procedures for regulating enterprise activities, corrupt controlling bodies and judicial system. Measures to prosecute for corruption offences are ineffective due to the prevalence of corruption in law enforcement and judicial systems. This has led to the system of corruption, as a result of which entrepreneurs do not have the ability to counteract themselves, as well as to form a tolerant attitude to corruption among business representatives.
Thus, to overcome corruption in the private sector is possible only by comprehensive solution of problems, the presence of political will to discriminate between business and power, the implementation of reforms in the public sector, including administrative reform (limited to In advance of the possibility of officials to abuse possession of authority), implement the deregulation of entrepreneurship, ensure free competition and action of antitrust rules, judicial reform and law enforcement reform, lowering corruption in public service. On the other hand, the state must establish a partnership with business, stimulating it for the use of alternative corruption models of behavior and providing it with comprehensive support.
2. The aim is to remove the corruption preconditions of doing business, forming favorable to the failure of the corruption practices of the business climate and the intolerant attitude of the business to corruption.
(1) To carry out measures aimed at conducting deregulation of the economy, ensuring free competition, administrative and judicial reform, reform of law enforcement and controlling bodies;
2) to adopt normative legal acts regarding the impossibility of admission of legal persons involved in corruption offences, to public resources (participating in public procurement, auctions, receiving state loans, subsidies, subvention, benefits from the public sector). Taxation, etc.), regarding the execution of legal duty and clear rules on reports of corruption offences by internal and external auditors; ensure effective implementation of the law on the application of criminal justice measures the character to legal persons for corruption offences;
3) to adopt regulatory and legal acts aimed at ensuring the transparency of business and property relations, in particular concerning the establishment of a duty of fixation of individuals-actual beneficiaries (beneficiaries) of legal persons during their state Registration and inclusion of relevant information to the Single State Registry of Legal Persons and Physical Persons;
4) to form an institution of business ombudsman, which will represent the interests of the business in the Government of Ukraine, and establish a permanent dialogue with business in order to raise awareness of the risks of corruption and existing solutions for private sector the sector, receiving advice from business on reform of relevant legislation (economic legislation, accounting and audit legislation, tax law, public procurement legislation and other legislation) of the private sector legislation) to limit the Corruption;
5) to develop with business representatives, union associations and professional unions strategy to support the implementation of anti-corruption standards in the private sector (OECD recommendations on better practices in internal control, ethics) to ensure compliance with legislation, the Business Principles of Transparency International on the fight against corruption) and to promote the development of self-regulation in the private sector;
(6) To ensure cooperation with business in part of the clarification and practice of the application of new anti-corruption standards established by law on the responsibility of legal persons for corruption offences;
7) develop and implement special programs aimed at ensuring the access of entrepreneurs to the necessary information, including administrative procedures, rights and duties of entrepreneurs, formation of consciousness A corruption method of conduct, encouraging to inform the facts of corruption;
8) conduct pilot projects of "benevolence" in infrastructure projects or other projects that predict significant budget costs by forming a trilateral (government-business-public) mechanism for planning and implementation control. Such projects, the targeted and effective cost of the funds.
Effective access to information owned by public authorities, other entities, is an important premise to prevent corruption, identify and end corruption. Special importance has information that is of public interest, namely information about the use of public funds, order of public or communal property, personal income, property, expenditures and obligations of the financial nature of the public. Officers. Access to information is a necessary tool for conducting journalistic investigations, stimulating civil activity in the anti-corruption sphere.
Ukraine since May 2011 Law of Ukraine "On access to public information", which was recognized as one of the best in the world by the level of regulation. In March 2014 (Law of Ukraine) No. 1170-VII ) were approved important changes to a number of legislative acts with the aim of bringing them into compliance with the Law of Ukraine "On access to public information" and Law of Ukraine "About Information" in the New Edition. At the same time, the level of practical execution of new information regarding access to information remains low, real access to information possibilities-limited, unalone are cases of unreasonable failure in accessing information or to non-compliance. Disclosure of information in an initiative, there is no effective state control over realization of the right to access public information.
2. The purpose is the realization of the right of persons to access information, ensure the openness of public information needed to identify and end corruption practices, effective state control by implementing the relevant information. Legislation.
free access to the data of the Single State Registry of Legal Individuals and Individuals-entrepreneurs via the Internet, in particular to data on the ultimate visionrecipients of legal persons, financial reports and statutory documents;
Disclosure of the State Register of the State Registry of Real Property Rights and the State Land Cadastre through free Internet access, including access to data about objects and subjects of rights, about their rites;
Publicizing and creating conditions for access to information on the use of public funds, which are ordered by government agencies, the entities of the administration of state and communal property, the institution of universal public insurance and Ukraine ' s pension fund, in particular by publicizing the Internet and creating conditions for real time access to all transactions on the accounts of the central executive body, implementing state policy in the treasury sector. Maintenance of budget funds;
Disclosure of the financial institutions of payment of payments to state and local budgets that pay the entities ' subjects of mineral exploitation or the use of natural resources;
Establishment of a State Authority for the Control of the Right to Access Information, which will meet the standards of independence and efficiency;
2) conduct the inventory of public registers that contain public information and predict their disclosure of the requirements for the protection of personal data, simplification of access (including net access) to public registers;
3) create normative legal and organizational basis for the introduction of information access in the form of "open data" and reuse of information (amendment to this purpose of changes to legislative acts, adoption of statutory regulations) acts to determine the standards of publishing information in the form of "open data", in particular on the single state web portal "open data", defined by the authorized body on the implementation of standards "open data", implementation of relevant Provisions);
4) to ensure the active participation of Ukraine in international initiatives of transparency and achieving a high level of compliance with international initiatives, including implementation of standards of initiatives with the transparency of mined industries, construction sector and Open Budget Index.
