In November 2024, the National Agency on Corruption Prevention (NACP) monitored 326 draft regulatory legal acts (RLAs): 254 draft acts of the Cabinet of Ministers of Ukraine (CMU) and 72 draft laws. Corruption-prone factors were identified in 10 draft regulations and anti-corruption examinations were conducted. Based on the results of the anti-corruption expertise, 33 corruption-prone factors were identified in the draft laws and 37 recommendations were made to eliminate them.
For example, in the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Implementation of the Assessment of the Daily Functioning of a Person” (registration No. 12178 of 04.11.2024), NACP identified provisions that create conditions for corruption:
- introduction of a corruption-vulnerable mechanism for assessing a person's daily functioning, as well as for determining a child's disability;
- granting members of expert teams non-transparent discretionary powers when assessing a person's daily functioning;
- incomplete regulation of the procedure for conducting a medical examination, which may lead to its conduct by authorized persons in conditions of conflict of interest;
- the lack of a complete legal mechanism for conducting repeated and extraordinary assessments of a person's daily functioning, which leads to different law enforcement practices and corruption risks when deciding on their appointment
- Establishing a non-transparent procedure for granting state social assistance, as well as vesting authorized public officials with excessive discretionary powers that create conditions for corruption.
NACP submitted recommendations to the Verkhovna Rada Committee on National Health, Medical Assistance and Medical Insurance and the Verkhovna Rada Committee on Anti-Corruption Policy for consideration to eliminate the above corruption risks.
NACP specialists also conducted an anti-corruption assessment of the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Formation of Comprehensive and Fair Social Support (Payments and Services) for Persons with Limited Ability to Work, in Particular, Persons with Disabilities” and identified a number of corruption-prone factors, including
- introduction of a non-transparent mechanism for assessing ability to work;
- the establishment of a non-transparent procedure for making decisions related to insurance payments by the work capacity assessment body;
- lack of a mechanism for making a decision on establishing the fact of a causal link between the onset of disability and health damage and the procedure for establishing it.
NACP provided recommendations to the Ministry of Social Policy of Ukraine, which is the developer of the draft act, which will ensure the establishment of a transparent procedure for assessing the ability to work.
NACP also identified a corruption factor, namely the establishment of a non-transparent procedure for providing additional grants for the creation or development of their own business to combatants, persons with disabilities as a result of war and their family members in the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure for Providing Grants for the Creation or Development of Own Business to Combatants, Persons with Disabilities as a Result of War and Their Family Members”.
The Agency provided the Ministry of Economy of Ukraine, which is the developer of the draft act, with recommendations, which will ensure the establishment of a transparent mechanism for providing additional grants for the creation or development of their own business to combatants, persons with disabilities as a result of war and their families.
During the anti-corruption expertise of the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine of November 11, 2022 No. 1275” NACP identified the following corruption-prone factors, in particular
- the obligation for the interested public customer to indicate in the written order the name of the manufacturer of the unmanned system and/or tactical level electronic warfare equipment limits the competition of manufacturers.
- unclear definition of the procedure for procurement of unmanned systems, tactical electronic warfare equipment of domestic production and their components.
NACP provided recommendations to the Administration of the State Service for Special Communications and Information Protection of Ukraine, which is the developer of the draft act, recommendations that ensure the establishment of a transparent procedure for the procurement of unmanned systems, tactical electronic warfare equipment of domestic production and their components.
