The National Agency on Corruption Prevention (NACP) has completed its quarterly monitoring of the implementation of the State Anti-Corruption Program for 2023-2025 (SACP) for the first quarter of 2024. The authorities have fully or partially implemented 291 measures - 25% (out of 1187), and 277 measures are in progress (23.3%). However, 204 measures have not yet been implemented, and their deadlines have expired.
The key results of the implementation of the State Action Plan include the improvement of customs legislation, the adoption of documents on the identification of the real owners of legal entities and the commercialization of the State Information System for Hematopoietic Stem Cell Transplantation, which contains a register of potential donors.
1. An important result for this period was the adoption in the first reading of the draft law No. 10411 of January 16, 2024 "On Amendments to the Customs Code of Ukraine regarding the Implementation of Certain Provisions of the Customs Code of the European Union" aimed at introducing European practices in the implementation of customs in Ukraine (measures 2.3.1.1.1, 2.3.1.2.1, 2.3.3.1.1). The Ministry of Finance of Ukraine and the State Customs Service of Ukraine are the implementing agencies.
The draft law significantly expands the possibilities for the protection of intellectual property rights during the movement of goods across the customs border of Ukraine. In addition, it is proposed to introduce the publication of an impersonal text of decisions based on the results of complaints, which should significantly minimize corruption risks during administrative appeals against decisions, actions or inaction of customs officials and increase the efficiency of the institution of such administrative appeals. The adoption of the draft law will contribute to the fulfillment of Ukraine's obligations under the EU-Ukraine Association Agreement in terms of approximation of Ukraine's customs legislation to the EU customs legislation in accordance with Annex XV to the Agreement.
2. An important measure for doctors and patients is the launch of the State Information System of Hematopoietic Stem Cell Transplantation. This is a system designed to provide information support for decision-making on the transplantation of human anatomical materials in the form of hematopoietic stem cells (measure 2.7.2.1.2). The executor is the Ministry of Healthcare.
This will improve transplantation procedures, reduce possible corruption risks in this area and ensure prompt determination of donor-recipient compatibility, as well as create a platform for electronic exchange of medical documents both within the system and with other IT systems.
Once the system is filled with information on "biological passports," the number of people who will be able to receive medical care through hematopoietic stem cell transplantation will increase. This will ultimately make it possible to provide treatment for hematologic, non-hematologic and autoimmune diseases.
3. The approval of the Regulation on the Form and Content of the Ownership Structure of Legal Entities Regulated and Supervised by the National Securities and Stock Market Commission is of great importance. The National Securities and Stock Market Commission is the executor.
The document was developed to implement the provisions of the Law of Ukraine "On Amendments to Certain Laws of Ukraine on Improving the Regulation of Ultimate Beneficial Ownership and Ownership Structure of Legal Entities" (measures 2.4.4.6.4 - 2.4.4.6.6). Its adoption created a unified approach at the state level on how to determine the real owners of legal entities.
Proper verification of data on individuals who exercise control and decisive influence over the activities of a legal entity will ensure that accurate and up-to-date information on the beneficial ownership of legal entities is available to the competent authorities in full and timely manner.
Currently, the NACP is working on drafting and submitting to the Parliament draft laws that will strengthen the anti-corruption infrastructure and reduce the risks of political and administrative pressure. In particular, these are draft laws on the jurisdiction of the High Anti-Corruption Court to consider cases of administrative offenses related to corruption against top officials (measure 3.2.2.2.1.1), the inadmissibility of abuse of procedural rights by participants in criminal proceedings (measure 3.3.4.1.1), and improvement of the institution of plea agreements in criminal proceedings (measure 3.3.2.4.1).
More information on the status of the implementation of the SACP is available in the quarterly digest of implementation the SACP for 2023-2025 and the Information System for Monitoring the Implementation of the State Anti-Corruption Policy.
The key results and challenges in the implementation of the SACP will be discussed in the following materials.
