In October 2024, the National Agency on Corruption Prevention (NACP) monitored 325 draft regulatory legal acts (RLAs): 272 draft acts of the Cabinet of Ministers of Ukraine (CMU) and 53 draft laws. Corruption-prone factors were identified in 6 draft regulations and anti-corruption examinations were conducted. Based on the results of the anti-corruption expertise, 17 corruption factors were identified in the draft laws and 18 recommendations were made to eliminate them.
We are talking about the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving Forest Relations” (registration No. 11318 of 04.06.2024). In it, NACP identified provisions that create conditions for corruption:
- Introduction of a non-transparent procedure for termination of ownership and use of land plots/right to use forest resources;
- introduction of a corruption-vulnerable procedure for the sale of timber/wood products, which leads to the possibility of selective enforcement and corruption abuse;
- absence of provisions in the draft law to clearly define the entities authorized to issue permits for timber harvesting, which creates a risk of different enforcement, including for corrupt purposes.
NACP has submitted recommendations to the Verkhovna Rada Committee on Environmental Policy and Nature Management and the Verkhovna Rada Committee on Anti-Corruption Policy for consideration to eliminate the above corruption risks.
NACP also conducted an anti-corruption expertise of the draft resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Exercising State Control over Compliance with Labor Legislation and Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 303 of March 13, 2022”. The NACP also identified corruption-prone factors in it:
- Expanding the powers of officials of the State Labor Service and its territorial bodies to exercise state supervision (control), who are not granted such powers by law;
- unreasonable vesting of discretionary powers to officials of the SLS and its territorial bodies to independently determine the feasibility of a state control measure, which creates preconditions for corruption;
- establishing a non-transparent procedure for exercising state control over compliance with labor legislation, which allows for opportunities for corruption offenses by officials of the SLS and its territorial bodies.
NACP provided the Ministry of Economy of Ukraine, which is the developer of the draft act, with recommendations that will ensure the establishment of a transparent procedure for state control over compliance with labor legislation.
NACP conducted an anti-corruption expertise of the draft resolution of the Cabinet of Ministers of Ukraine “Some Issues of Financial State Support for Enterprises”. In it, NACP also identified corruption-prone factors that lead to the establishment of a non-transparent procedure for providing state financial support to enterprises in the defense industry to enterprises, institutions, and organizations that are determined by the Ministry of Strategic Industries of Ukraine to be critical to the functioning of the economy during a special period in the defense industry.
The NACP provided the Ministry of Strategic Industries of Ukraine, which is the developer of the draft act, with recommendations, which will ensure the establishment of a transparent, clearly regulated mechanism for providing state financial support.
