In March 2024, the National Agency on Corruption Prevention (NACP) monitored 376 draft legal acts: 291 draft acts of the Cabinet of Ministers of Ukraine (CMU) and 85 draft laws. Based on the results of the monitoring, corruption-prone factors were identified in five drafts of the draft legal acts and anti-corruption examinations were conducted. These documents identified 21 corruption-prone factors and provided 26 recommendations for their elimination.
In particular, this refers to the draft resolution of the Cabinet of Ministers of Ukraine "On Implementation of Experimental Projects in the Field of Urban Development". In it, the NACP found provisions that create conditions for corruption:
- creation of conditions for illegal construction and acquisition of the right to build objects located within the territories of cultural heritage monuments, historical and cultural reserves, historical and cultural protected areas, protection zones, protected archaeological areas, and historical areas of settlements on a declarative basis
- establishing non-transparent principles for the activities of expert organizations;
- establishing subjective approaches to blocking the state registrar's access to the Register of Construction Activities and determining the duration of such blocking;
- regulation of the risk of biased decisions on refusal to register the right to perform preparatory/construction works, issuance of a permit for construction works;
- regulation of unlawful actions of the state registrar regarding non-enforcement of court decisions;
- implementation of state architectural and construction control in conditions of a real or potential conflict of interest of a legal entity authorized to exercise state control and/or its officials due to the need to simultaneously perform state functions and fulfill the terms of a civil law contract;
- granting business entities the right to develop a land plot without obtaining the consent of its owner or user.
The National Agency provided recommendations to the Ministry of Community Development, Territories and Infrastructure of Ukraine, which is the developer of the project, to establish transparent regulation in the field of urban development.
The NACP also conducted an anti-corruption expertise of the draft CMU resolution "Some Issues of Implementation of the Pilot Project on Receiving Critical Industrial Equipment (Means of Production) as Humanitarian Aid". It identified the following conditions for corruption abuse
- a non-transparent way of organizing the work of the commission for the inspection of destroyed (damaged) critical industrial equipment (production facilities)
- lack of comprehensive requirements for documents to be submitted to receive humanitarian aid;
- the risk of unjustified return of documents submitted by recipients of humanitarian aid in order to receive critical industrial equipment production facilities).
The NACP provided the Ministry of Economy of Ukraine, which is the developer of the draft act, with recommendations for establishing a transparent mechanism for receiving critical industrial equipment (production facilities) as humanitarian aid.
