During January - April 2026, the National Agency on Corruption Prevention (NACP) monitored 1,198 drafts of regulatory legal acts (RLAs) and conducted anti-corruption expertise on 63 draft RLAs, which resulted in the identification of 165 corruption-producing factors and provided 188 recommendations for their elimination. Almost 100% of the NACP's recommendations were taken into account by the developers of the draft RLAs.
- For instance, the NACP conducted an anti-corruption expertise of the draft law on business protection (No. 12439 dated January 24, 2025 - amendments to the Criminal Procedure Code of Ukraine regarding the improvement of guarantees for the protection of economic entities during criminal proceedings). The anti-corruption expertise was initiated, among other things, taking into account the appeal of Transparency International Ukraine.
Based on the results of the analysis, three key issues were identified:
- the groundlessness of the discretionary powers of the investigator, inquirer, and prosecutor regarding the determination of the sufficiency of data for entering information into the Unified Register of Investigative Proceedings (URIP);
- The imperfection of the draft's provision allows using the clarifications provided by the authorised central executive bodies regarding the procedure for applying the norms of tax legislation, customs legislation, and legislation in the field of public procurement as a tool to evade criminal liability.
- non-transparent discretionary powers of the head of the prosecutor's office in terms of entering information on the commission of criminal offences in the field of economic activity into the URIP.
In addition, the draft significantly narrows the grounds for conducting an urgent search, which may negatively affect the efficiency of the pre-trial investigation. The NACP sent its conclusion with the provided recommendations to the committees of the Verkhovna Rada of Ukraine: on law enforcement and on anti-corruption policy. The Agency insists on the need for substantial refinement of draft law No. 12439 for the second reading to eliminate the identified corruption-producing factors.
- The Government adopted a resolution on the implementation of an experimental project regarding the development of innovation activities for defence needs under the legal regime of martial law. The NACP joined the preparation of the specified draft resolution by conducting an anti-corruption expertise, contributing to the formation of a clear and transparent procedure for the implementation of the experimental project. More details.
- Also, based on the results of the anti-corruption expertise of the draft Government resolution "Some issues of implementation of the experimental project regarding the activities of the centralized purchasing organization for the needs of state customers in the field of defense for the period of the legal regime of martial law", the NACP found that given the number of state customers and taking into account the provisions of the draft Procedure, the lack of a clear procedure for proving the need violates the principle of legal certainty and may lead to abuse/manipulation during, in particular, prioritization and determination of the order of their consideration or establishing the timeframe for considering the needs of such state customers. At the same time, based on the results of the coordination procedures, the Ministry of Defense took into account the NACP's comments and eliminated the identified corruption-producing factor.
- The NACP conducted an anti-corruption expertise of the draft Government resolution "On Approval of the Procedure for the Sale of Seized Assets by ARMA." NACP experts identified seven corruption-producing factors that could lead to the risk of abuse by ARMA officials at various stages of implementing the Procedure. The identified issues relate to two key areas: the establishment of discretionary powers without defining exhaustive grounds, forms, timeframes, and procedures for their exercise, as well as the unclear regulation of the rights and duties of participants in the asset sale procedure. A separate gap is the complete absence of norms aimed at preventing the laundering of proceeds of crime, in particular regarding the verification of the sources of funds of potential buyers. The NACP provided nine recommendations to eliminate the identified corruption-producing factors.
- Based on the results of the anti-corruption expertise of the draft resolution of the Cabinet of Ministers "On Approval of the Procedure for Conducting a Contest for Selecting Members of the National Commission on Mental Health, the Composition of the Contest Commission, Requirements for Candidates and Criteria for Their Evaluation," the NACP identified corruption-producing factors related to: an unclear procedure for the activities of the contest commission, which could lead to abuse of the powers granted to it and the making of subjective management decisions; the lack of clear criteria for evaluating candidates for membership in the National Commission on Mental Health; and a non-transparent procedure for evaluating candidates by the contest commission. The NACP provided the developer with clear recommendations for eliminating the identified corruption-producing factors, which the Ministry of Health fully took into account in the revised draft resolution.
- The NACP also conducted an anti-corruption expertise of the draft Government resolution "On the Implementation of an Experimental Project on the Special Use of Aquatic Biological Resources Within the Territories and Objects of the Nature Reserve Fund." Based on the results of the analysis, the Agency's experts identified corruption-producing factors consisting of the establishment of a non-transparent procedure for the use of aquatic biological resources, which creates prerequisites for violating the legislation on the preservation of objects of the nature reserve fund. The NACP provided the State Fisheries Agency with recommendations to establish a transparent procedure for the harvesting (catching) of aquatic biological resources and to eliminate opportunities for corrupt practices.
As a reminder, the conclusions of the anti-corruption expertise of draft RLAs conducted by the Agency can be found at the following link.
