In September 2024, the National Agency on Corruption Prevention (NACP) monitored 270 draft regulatory legal acts (RLAs): 204 draft acts of the Cabinet of Ministers of Ukraine (CMU) and 66 draft laws. Corruption-associated factors were identified in 7 draft regulations and anti-corruption examinations were conducted. Based on the results of the anti-corruption expertise, 13 corruption-prone factors were identified in the draft laws and 32 recommendations were provided to eliminate them.
We are talking about the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Regulation of State Supervision in the Field of Electronic Communications and Operational Sustainability of Electronic Communication Networks” (registration No. 11431 of 22.07.2024). In it, NACP identified provisions that create conditions for corruption abuse:
- unclear definition of the scope of rights and obligations of electronic communication networks and/or services providers in the provisions of the draft law creates a risk of their arbitrary and selective enforcement when imposing administrative and economic sanctions;
- unreasonable increase in liability by increasing the amount of the fine creates conditions for regulatory pressure on providers of electronic communication networks and/or services for corrupt purposes.
NACP submitted recommendations to the Verkhovna Rada Committee on Environmental Policy and Nature Management and the Verkhovna Rada Committee on Anti-Corruption Policy for consideration to eliminate the above corruption risks.
NACP also conducted an anti-corruption expertise of the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Certain Issues of Military Registration and Conscription of Citizens during Mobilization”. NACP also identified corruption-prone factors in it:
- Establishment of an unclear procedure for deciding on the postponement of military service during mobilization;
- establishing a non-transparent mechanism for verifying the grounds for postponement of military service during mobilization, which creates preconditions for the use of subjective approaches to obtain unlawful benefits.
NACP provided the Ministry of Defense of Ukraine, which is the developer of the draft law, with recommendations, which will ensure the establishment of a transparent procedure for maintaining military records and conscription of citizens for military service during mobilization.
