Anti-corruption expertise is carried out to identify and eliminate imperfections in legislation that may give rise to corruption in the areas that this legislation is intended to regulate. Anti-corruption expertise is an effective preventive tool, and it is thanks to it that the National Agency on Corruption Prevention (NACP) is able to identify the rules that contain corruption risks and prevent corruption schemes and crimes in the future.
In January 2024, the NACP monitored 392 draft regulatory legal acts: 300 draft acts of the Cabinet of Ministers of Ukraine (CMU) and 92 draft laws.
Based on the results of the monitoring, corruption risks were identified in seven draft regulations and, accordingly, seven anti-corruption examinations were conducted. Twenty-eight corruption-prone factors were identified and 40 recommendations were made to eliminate them.
In particular, according to the results of the examination of the draft resolution of the Cabinet of Ministers of Ukraine "On Implementation of the Pilot Project on Restoration of Apartment Buildings" by the Ministry of Community Development, Territories and Infrastructure of Ukraine, which proposes to determine the procedure for implementing a pilot project on restoration of apartment buildings damaged as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation, in particular:
- to authorize regional and Kyiv city administrations, based on proposals from local governments, to formulate proposals for facilities, regardless of ownership, to be restored for the purposes of the pilot project and send them to the Ministry of Infrastructure;
- to provide for consideration of the received proposals and formation of the list of objects to be restored by the Commission under the Ministry of Infrastructure;
- define certain conditions for public procurement for the purposes of the experiment.
Currently, representatives of the National Agency are actively involved in coordination meetings to finalize the draft resolution.
Having studied the draft Law of Ukraine "On Amendments to the Bankruptcy Code of Ukraine on Improving Certain Provisions" (developed by the Ministry of Justice), the NACP proposed
- to define at the level of the Code the list and requirements for documents necessary to obtain an administrative service for issuing a certificate of the right to act as an insolvency officer, payment for/ free of charge for the provision of an administrative service, and the list of grounds for refusal to provide such a service;
- to establish the term of disciplinary sanctions applicable to the Bankruptcy trustee;
- to regulate the issues of inventory and sale of the debtor's property.
Currently, the Anti-Corruption Expert Opinion has been sent to the developer for consideration.
The analysis of the draft Law of Ukraine "On Amendments to Certain Legislative Acts on Liberalization of the Land Market and Land Relations" developed by the Ministry of Agrarian Policy and Food of Ukraine also revealed a number of risks. To mitigate them, the NACP proposes to
- to regulate the issues of establishing and changing the designated purpose of land plots, acquisition of rights to land plots;
- simplify the initiation of land auctions for the lease of vacant state and municipal land.
Currently, the Anti-Corruption Expert Opinion has been sent to the developer for consideration.
It should be noted that according to the Law of Ukraine "On Prevention of Corruption", the NACP may conduct, on its own initiative, an anti-corruption expertise of draft legal acts submitted to the Parliament and the Government in accordance with the Procedure established by it.
In total, in 2020-2023, the NACP monitored almost 13 thousand draft legal acts and conducted 370 anti-corruption examinations in the areas of administrative services, licensing, corporate governance at state-owned enterprises, defense and public procurement, compensation for damage caused by Russian aggression, reconstruction of Ukraine, taxes and fees during wartime, etc. During this time, the NACP has identified more than a thousand corruption-prone factors and provided almost 1,500 recommendations for their elimination. All conclusions of the anti-corruption examinations are available here.
