In August 2024, the National Agency on Corruption Prevention (NACP) monitored 342 draft regulatory legal acts: 267 draft acts of the Cabinet of Ministers of Ukraine and 75 draft laws. Corruption-prone factors were identified in 11 draft regulations and anti-corruption examinations were conducted. Based on the results of the anti-corruption examination, 30 corruption-prone factors were identified in the draft laws and 46 recommendations were made to eliminate them.
This concerns the draft Law of Ukraine “On the Provision and Use of Biocidal Products on the Market”. In it, the NACP identified provisions that create conditions for corruption:
- unreasonable expansion of discretionary powers of the central executive body responsible for the formation of state policy in the field of healthcare (the Ministry of Health) and authorized persons in the provision of administrative services related to the state registration of biocidal products;
- unregulated procedures:
- conducting research on the active substance,
- monitoring and control of biocidal products, and processed products that have been introduced following the law;
- contradiction with the Law of Ukraine's “On Administrative Services” provisions.
- The NACP provided the Ministry of Health of Ukraine, the developer of the draft act, with recommendations that will ensure the establishment of a transparent mechanism for the provision and use of biocidal products on the market.
The NACP also conducted anti-corruption expertise of the draft resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Holding a Competition for Recruitment to the Customs Authorities of Ukraine”. In it, the NACP also identified a corruption factor - the formal fulfillment of international obligations and the lack of transparent conditions for the competitive selection of candidates for the Head of the State Customs Service positions and his deputies.
The NACP provided the Ministry of Finance of Ukraine, the developer of the draft law, with recommendations that will ensure the establishment of a transparent procedure for selecting the leadership of the State Customs Service. In addition, the NACP recommended considering the expediency of regulating the competitive selection of candidates for the position of the Head of the State Customs Service and his deputies at the level of law, rather than a regulatory act of the Cabinet of Ministers of Ukraine, which will ensure that the most effective measures are taken to implement a full-fledged reform in the customs sector.
The NACP conducted an anti-corruption examination of the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Disciplinary Statute of the Armed Forces of Ukraine on the Application and Implementation of Disciplinary Sanctions Imposed on Servicemen”, identifying a corruption factor that may lead to the risk of abuse by commanders (chiefs) when imposing disciplinary sanctions on servicemen and unjustified application of sanctions.
The NACP provided the Ministry of Defense of Ukraine, which is the developer of the draft law, with recommendations for introducing a regulated mechanism for applying disciplinary sanctions imposed on military personnel.
