In June 2024, National Agency on Corruption Prevention (NACP) monitored 310 draft regulatory legal acts (RLAs): 237 draft acts of the Cabinet of Ministers of Ukraine (CMU) and 73 draft laws. Based on the results of the monitoring, corruption-prone factors were identified in 12 draft regulations and anti-corruption examinations were conducted. These documents identified 29 corruption-prone factors and provided 45 recommendations for their elimination.
We are talking about 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 and Clarification of Defense Procurement for the Period of Martial Law". NACP identified provisions that create conditions for corruption abuse:
- granting preferences to a specific legal entity to procure goods, works and services without applying the types (procedures) of procurement defined by the Laws of Ukraine "On Public Procurement" and "On Defense Procurement";
- to regulate the possibility for an unlimited number of state customers to carry out separate procurements of goods, works and services by concluding direct contracts without a competitive procurement procedure;
- vesting the parties to a state contract (agreement) with broad powers to decide at their own discretion whether to change the essential terms of such a contract (agreement).
National Agency provided recommendations to the Ministry of Strategic Industry, which is the developer of the draft act, to establish a transparent mechanism for defense procurement.
NACP also conducted an anti-corruption expertise of the draft resolution of the Cabinet of Ministers of Ukraine "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine No. 1094 of December 27, 2017 and No. 777 of September 3, 2008". NACP also identified corruption-prone factors in it:
- establishment of a non-transparent mechanism for establishing a competition commission to hold a competition for the position of head of a state or municipal healthcare institution;
- creation of conditions for subjective and biased decision-making on whether a candidate for the position of the head of the institution meets certain qualification requirements.
NACP provided the Ministry of Health of Ukraine, which is the developer of the draft act, with recommendations that will ensure the establishment of a transparent mechanism for holding a competition for the position of head of a state or municipal health care institution.
An anti-corruption expertise of the draft resolution of the Cabinet of Ministers of Ukraine "On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine No. 176 of February 18, 1997 and No. 103 of February 11, 2015" was conducted and a number of corruption-prone factors were identified:
- lack of legally defined requirements for the procedure of keeping the List of Bus Stations, which contains information about bus stations and their owners that carry out activities (provide services) in accordance with the requirements of the law to ensure the reception, departure, organization of traffic and passenger service on bus routes;
- absence of a clearly defined mechanism for verifying the information specified in the List of Bus Stations.
NACP provided recommendations to the Ministry of Infrastructure, which is the developer of the draft act, to create a transparent mechanism for streamlining the bus station network.
