In May 2024, the National Agency on Corruption Prevention (NACP) monitored 439 draft regulatory legal acts (RLAs): 357 draft acts of the Cabinet of Ministers of Ukraine and 82 draft laws. According to the monitoring results, corruption-prone factors were identified in 8 draft regulations and recommendations were made to eliminate them.
In particular, the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure for Granting and Depriving of the Status of Combatant of Persons Who Defended the Independence, Sovereignty and Territorial Integrity of Ukraine and Directly Participated in the Anti-Terrorist Operation, Ensuring its Conduct or in the Implementation of Measures to Ensure National Security and Defense, Repulsing and Deterring the Armed Aggression of the Russian Federation in Donetsk and Luhansk Regions, Ensuring their Implementation, in Measures Necessary to Ensure the Security of the State. In it, the NACP found provisions that create conditions for corruption:
- opportunities for abuse by commanders (chiefs) of military units (bodies, subdivisions) or other heads of enterprises, institutions and organizations when submitting documents required for granting combatant status to the relevant persons;
- unregulated mechanism for reconsideration by the commission of the issue of granting combatant status to an applicant in case of refusal to grant such status;
- the risk of abuse by the Commission's authorized representative when entering information into the Register of persons entitled to benefits, and thus the failure of combatants to receive social guarantees.
The National Agency provided recommendations to the Ministry of Veterans Affairs of Ukraine, which is the developer of the draft resolution, to establish a transparent mechanism for granting combatants the status of combatants.
The NACP also conducted an anti-corruption assessment of the draft Law of Ukraine “On Amendments to Certain Legislative Acts on Compulsory Temporary Deprivation of the Right to Use Land Plots under the Legal Regime of Martial Law.” The NACP also identified a corruption factor in it:
- the risk of abuse by military commanders and officials of regional state (military) administrations when returning land plots (or parts thereof) to owners whose right to use them was forcibly temporarily deprived.
The National Agency provided recommendations to the Ministry of Defense of Ukraine, which is the developer of the draft law, to establish a transparent and complete mechanism for returning the right to use the relevant land plots to the owners.
The NACP conducted an anti-corruption expertise of the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Combat Gambling Addiction (Ludomania) and Improve State Regulation of Activities Related to the Organization and Conduct of Gambling and Lotteries” (Reg. No. 9256-d of 05.04.2024). In it, the NACP identified a number of corruption-prone factors:
- non-transparent procedure for inspecting gambling facilities;
- absence of a clear and complete legal mechanism for conducting an actual inspection in the course of state supervision (control) of the gambling market;
- non-transparent mechanism for submitting reports and imposing penalties on - gambling organizers in the form of fines for failure to submit them;
- absence of a clear list of business entities (requirements for them) that will be subject to this Law.
The NACP submitted recommendations to the Verkhovna Rada Committee on Finance, Taxation and Customs Policy and the Verkhovna Rada Committee on Anti-Corruption Policy to eliminate the above corruption factors.
