The authorities will strengthen the independence, integrity and effective functioning of the judiciary, taking into account the opinions from the Venice Commission, including through legislative amendments, to ensure: a) the creation of a new High Qualification Commission of Judges of Ukraine through transparent selection procedure conducted by a Selection Commission with international participation; and b) the creation of an Ethics Commission with international participation, which would have the mandate to 1) carry out a one-time assessment of the integrity and ethics of members of the High Council of Justice and recommend their dismissal to the electing (appointing)authorities in those cases where the members of the High Council have been found non- complying with the standards, and 2) establish a pool of pre-selected candidates from which the electing (appointing) authorities for members of the High Council of Justice, will draw their nominations.
MFA
The EU Macro-financial Assistance (MFA) is a form of financial aid extended by the EU to partner countries experiencing a balance of payments crisis and is only available to countries benefiting from a disbursing IMF programme. Since the outbreak of the crisis in early 2014, the European Commission has mobilised a total of EUR 3.4 billion in macro-financial assistance to Ukraine through three consecutive programmes of low-interest loans. This represents the highest amount ever made available by the EU to a third partner. Out of these EUR 3.4 billion, 1.61 billion were disbursed in 2014 and 2015 under the first two MFA operations (MFA I and II). In April 2015, the EU decided to provide a third MFA programme of up to EUR 1.8 billion to Ukraine (MFA III), under which a final tranche of EUR 600 million remains available. Ukraine and the EU jointly signed a Memorandum of Understanding outlining the policy programme attached to the MFA operation. This programme largely builds on the reform agenda pursued by the Ukrainian authorities and covers a broad range of areas, including public finance management, governance and transparency, the energy sector, social safety nets, business environment and the financial sector. The anti-corruption conditionalities is important part of the fulfilment of Memorandum requirements.
Standarts
Corruption investigation and prosecution
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establishment and effective operation
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
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director and staff selection
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
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separate funding and high salaries for its staff
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
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external audit
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
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exclusive jurisdiction
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
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wiretapping powers
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
-
public statistics and reports
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
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access to information
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
-
-
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
cooperationThe Financial Intelligence Unit
Ukrainian Financial Intelligence Unit (FIU, official name: the State Financial Monitoring Service of Ukraine) is the state authority, coordinated by the Cabinet of Ministers of Ukraine. FIU is carrying out an analysis of information about suspicious financial transactions which they receive from financial institutions according to the law. FIU is cooperating with the state authorities, the National Bank of Ukraine, competent international authorities (FIUs of other countries) in terms of counteracting legalization of funds and terrorist financing. It is the main authority of the country responsible for blocking any suspicious/fraudulent financial activity of any entity with further reporting to the law enforcement agencies.
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Public statistics on-
The National Anticorruption Bureau of Ukraine
The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.
According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)
Public reports:
cooperationThe Financial Intelligence Unit
Ukrainian Financial Intelligence Unit (FIU, official name: the State Financial Monitoring Service of Ukraine) is the state authority, coordinated by the Cabinet of Ministers of Ukraine. FIU is carrying out an analysis of information about suspicious financial transactions which they receive from financial institutions according to the law. FIU is cooperating with the state authorities, the National Bank of Ukraine, competent international authorities (FIUs of other countries) in terms of counteracting legalization of funds and terrorist financing. It is the main authority of the country responsible for blocking any suspicious/fraudulent financial activity of any entity with further reporting to the law enforcement agencies.
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establishment
The Specialised Anticorruption Prosecutor's Office
SAPO is the department of the Prosecutor General’s Office of Ukraine, which has special guarantees of independence, created to oversee activities of NABU. SAPO performs procedural guidance in NABU investigations, represents public prosecution in courts, and has the right to appeal to the courts with civil, commercial, and administrative claims in the public interest. Creation of SAPO is one of the basic guarantees of NABU independence and efficiency. According to Criminal Procedure Code of Ukraine procedural guidance include the following rights and obligations:
1) start pre-trial investigation;
2) have full access to materials, documents, and other details related to pre-trial investigation;
3) assign pre-trial investigation agency to conduct pre-trial investigation;
4) assign investigator, pre-trial investigation agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions, covert investigatory (detective) actions or other procedural actions, or give instructions in respect of conducting such actions, or participate in them, and where necessary, conduct investigatory (search) and procedural actions;
5) assign the conduct of investigatory (search) actions, covert investigatory (search) actions to the relevant operational units;
6) institute audits and examinations in accordance with the procedure established by law;
7) overturn illegitimate and ungrounded rulings of investigators;
8) initiate with the head of the pre-trial investigative agency the issue of suspending the investigator from pre-trial investigation and appointment of another investigator;
9) take procedural decisions, including with regard to termination of criminal proceedings and to extending the time limits for the pre-trial investigation;
10) support or refuse to support the motions of investigator addressed to investigating judge on the conduct of investigatory (search) actions, covert investigatory (search) actions, other procedural actions in cases specified by the present Code or individually submit such motions to the investigating judge;
11) notify the individual of suspicion;
12) enter civil action for the Government and those individuals who are unable to defend their rights;
13) approve or refuse to approve the indictment, submissions on the application of measures of medical or educational nature, modify an indictment drawn up by the investigator or submission above, draw up himself indictments or motions concerned;
14) refer to court an indictment, request to enforce measures of medical nature, request to enforce compulsory medical or educational measures, or request to discharge an individual from criminal liability;
15) prosecute on behalf of the State in court, resign from supporting public prosecution, alter the accusation or lay additional accusation according to the procedure;
16) coordinate requests for international legal assistance or referral of criminal proceedings made by pre-trial investigation authority, or independently file such motion;
17) commission a pre-trial investigation authority to respond to a request (commission) for international legal assistance or criminal referral made by a competent authority of a foreign state, verify the completeness or legitimacy of procedural actions and also the completeness, comprehensiveness and objectiveness of investigation under the referred criminal proceeding;
18) verify the documents concerning surrendering a person (extradition) provided by a pre-trial investigation authority prior to referring them to a higher level prosecutor, and return these documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada of Ukraine consented to be bound or laws of Ukraine;
19) commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offense outside Ukraine, and carry out specific procedural actions to surrender (extradite) a person at the request made by a competent authority of a foreign state.
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head selection
The Specialised Anticorruption Prosecutor's Office
SAPO is the department of the Prosecutor General’s Office of Ukraine, which has special guarantees of independence, created to oversee activities of NABU. SAPO performs procedural guidance in NABU investigations, represents public prosecution in courts, and has the right to appeal to the courts with civil, commercial, and administrative claims in the public interest. Creation of SAPO is one of the basic guarantees of NABU independence and efficiency. According to Criminal Procedure Code of Ukraine procedural guidance include the following rights and obligations:
1) start pre-trial investigation;
2) have full access to materials, documents, and other details related to pre-trial investigation;
3) assign pre-trial investigation agency to conduct pre-trial investigation;
4) assign investigator, pre-trial investigation agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions, covert investigatory (detective) actions or other procedural actions, or give instructions in respect of conducting such actions, or participate in them, and where necessary, conduct investigatory (search) and procedural actions;
5) assign the conduct of investigatory (search) actions, covert investigatory (search) actions to the relevant operational units;
6) institute audits and examinations in accordance with the procedure established by law;
7) overturn illegitimate and ungrounded rulings of investigators;
8) initiate with the head of the pre-trial investigative agency the issue of suspending the investigator from pre-trial investigation and appointment of another investigator;
9) take procedural decisions, including with regard to termination of criminal proceedings and to extending the time limits for the pre-trial investigation;
10) support or refuse to support the motions of investigator addressed to investigating judge on the conduct of investigatory (search) actions, covert investigatory (search) actions, other procedural actions in cases specified by the present Code or individually submit such motions to the investigating judge;
11) notify the individual of suspicion;
12) enter civil action for the Government and those individuals who are unable to defend their rights;
13) approve or refuse to approve the indictment, submissions on the application of measures of medical or educational nature, modify an indictment drawn up by the investigator or submission above, draw up himself indictments or motions concerned;
14) refer to court an indictment, request to enforce measures of medical nature, request to enforce compulsory medical or educational measures, or request to discharge an individual from criminal liability;
15) prosecute on behalf of the State in court, resign from supporting public prosecution, alter the accusation or lay additional accusation according to the procedure;
16) coordinate requests for international legal assistance or referral of criminal proceedings made by pre-trial investigation authority, or independently file such motion;
17) commission a pre-trial investigation authority to respond to a request (commission) for international legal assistance or criminal referral made by a competent authority of a foreign state, verify the completeness or legitimacy of procedural actions and also the completeness, comprehensiveness and objectiveness of investigation under the referred criminal proceeding;
18) verify the documents concerning surrendering a person (extradition) provided by a pre-trial investigation authority prior to referring them to a higher level prosecutor, and return these documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada of Ukraine consented to be bound or laws of Ukraine;
19) commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offense outside Ukraine, and carry out specific procedural actions to surrender (extradite) a person at the request made by a competent authority of a foreign state.
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audit
The Specialised Anticorruption Prosecutor's Office
SAPO is the department of the Prosecutor General’s Office of Ukraine, which has special guarantees of independence, created to oversee activities of NABU. SAPO performs procedural guidance in NABU investigations, represents public prosecution in courts, and has the right to appeal to the courts with civil, commercial, and administrative claims in the public interest. Creation of SAPO is one of the basic guarantees of NABU independence and efficiency. According to Criminal Procedure Code of Ukraine procedural guidance include the following rights and obligations:
1) start pre-trial investigation;
2) have full access to materials, documents, and other details related to pre-trial investigation;
3) assign pre-trial investigation agency to conduct pre-trial investigation;
4) assign investigator, pre-trial investigation agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions, covert investigatory (detective) actions or other procedural actions, or give instructions in respect of conducting such actions, or participate in them, and where necessary, conduct investigatory (search) and procedural actions;
5) assign the conduct of investigatory (search) actions, covert investigatory (search) actions to the relevant operational units;
6) institute audits and examinations in accordance with the procedure established by law;
7) overturn illegitimate and ungrounded rulings of investigators;
8) initiate with the head of the pre-trial investigative agency the issue of suspending the investigator from pre-trial investigation and appointment of another investigator;
9) take procedural decisions, including with regard to termination of criminal proceedings and to extending the time limits for the pre-trial investigation;
10) support or refuse to support the motions of investigator addressed to investigating judge on the conduct of investigatory (search) actions, covert investigatory (search) actions, other procedural actions in cases specified by the present Code or individually submit such motions to the investigating judge;
11) notify the individual of suspicion;
12) enter civil action for the Government and those individuals who are unable to defend their rights;
13) approve or refuse to approve the indictment, submissions on the application of measures of medical or educational nature, modify an indictment drawn up by the investigator or submission above, draw up himself indictments or motions concerned;
14) refer to court an indictment, request to enforce measures of medical nature, request to enforce compulsory medical or educational measures, or request to discharge an individual from criminal liability;
15) prosecute on behalf of the State in court, resign from supporting public prosecution, alter the accusation or lay additional accusation according to the procedure;
16) coordinate requests for international legal assistance or referral of criminal proceedings made by pre-trial investigation authority, or independently file such motion;
17) commission a pre-trial investigation authority to respond to a request (commission) for international legal assistance or criminal referral made by a competent authority of a foreign state, verify the completeness or legitimacy of procedural actions and also the completeness, comprehensiveness and objectiveness of investigation under the referred criminal proceeding;
18) verify the documents concerning surrendering a person (extradition) provided by a pre-trial investigation authority prior to referring them to a higher level prosecutor, and return these documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada of Ukraine consented to be bound or laws of Ukraine;
19) commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offense outside Ukraine, and carry out specific procedural actions to surrender (extradite) a person at the request made by a competent authority of a foreign state.
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establishment
Anticorruption Court
In order to complete building of the effective system of fight against high profile corruption and ensure effective operation of NABU and SAPO, establishment of independent anticorruption courts is crucial. Anticorruption courts should have exclusive jurisdiction over the corruption crimes of top officials. Special procedure of selection of judges, separate budgeting, and exclusive appellate procedures should guarantee independence and high level of expertise of these courts.
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judges selection
Anticorruption Court
In order to complete building of the effective system of fight against high profile corruption and ensure effective operation of NABU and SAPO, establishment of independent anticorruption courts is crucial. Anticorruption courts should have exclusive jurisdiction over the corruption crimes of top officials. Special procedure of selection of judges, separate budgeting, and exclusive appellate procedures should guarantee independence and high level of expertise of these courts.
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resources, staff and security
Anticorruption Court
In order to complete building of the effective system of fight against high profile corruption and ensure effective operation of NABU and SAPO, establishment of independent anticorruption courts is crucial. Anticorruption courts should have exclusive jurisdiction over the corruption crimes of top officials. Special procedure of selection of judges, separate budgeting, and exclusive appellate procedures should guarantee independence and high level of expertise of these courts.
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transfer of cases
Anticorruption Court
In order to complete building of the effective system of fight against high profile corruption and ensure effective operation of NABU and SAPO, establishment of independent anticorruption courts is crucial. Anticorruption courts should have exclusive jurisdiction over the corruption crimes of top officials. Special procedure of selection of judges, separate budgeting, and exclusive appellate procedures should guarantee independence and high level of expertise of these courts.
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Illicit enrichment criminalization
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Strengthening AML framework
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Sanctions for breaching AML legislation
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National PEPs identification
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Three-tier reporting system
Access to information
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E-data (public expenditure)
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Verification of beneficial ownership
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Beneficial ownership registry
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Land cadastre
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Immovable property registry
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Companies registry
Asset recovery
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Assets
Ukrainian legislation allowed only the seizure of assets belonging to suspect or convict, and did not allow to seize property owned by the third parties. Due to this, during the criminal proceedings the assets either were not seized at all or the seizure was made at the later stage of investigation when the property could have been lost already. Similar situation existed with regard to assets confiscation: it was possible to confiscate only those assets owned by the person who committed the crime.
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establishment
The National Agency for the Detection, Tracing and Management of Assets Derived from Corruption and Other Crimes
The National Agency for the Detection, Tracing and Management of Assets Derived from Corruption and Other Crimes (ARMA) is the special executive body that ensures detection and tracing of assets which can be seized in criminal proceedings, and/or management of assets which are seized or confiscated in criminal proceedings. Before 2016, there was no system of effective detection, tracing and management of criminal assets in Ukraine. As a result, criminal assets were not seized or were improperly maintained during the investigation, or sold at a lower price after the confiscation.
Establishment of the Agency is aimed at taking a burden off the law enforcement agencies and making the process of detection, tracing and managing criminal assets more transparent, effective and accountable.
Corruption Prevention
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establishment
The National Agency for Corruption Prevention
The National Agency for Corruption Prevention is the central executive authority of Ukraine with the special status, responsible for development and implementation of the national anticorruption policy. NACP is tasked to administer the registry of electronic asset declarations, clarify subject legislation, verify e-declarations, enforce administrative penalties for failure or late submission of e-declarations and declaring false information. In addition, the NACP has the following responsibilities:
- analysis of state of corruption, development of anticorruption policies and strategies;
- prevention and settlement of conflict of interests;
- monitoring of political parties finances;
- cooperation with corruption whistleblowers.
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registry
Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.
The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872
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verification
Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.
The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872
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Beneficial ownership in
Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.
The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872
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verification
Conflict of interests is individual’s private interest in the area where they perform representative office or powers that can influence the objectivity or impartiality of their decisions, or cause committing or non-committing acts during the execution of powers.
The law defines real and potential conflict of interests. Potential conflict of interest is the private interest that may affect further decisions or actions. Real conflict of interest is the private interest that have already affected decisions or actions.
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Transparent funding of political parties is aimed at preventing political corruption, ensuring accountability of political parties, creating conditions for fair political competition, and reducing dependence of political parties on individuals or oligarchic groups.
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Sanctions for false statements in
Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.
The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872
International recommendations regarding other sectors
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Reform of
Judicial reform
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Judicial reform
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relaunch
The High Council of Justice (HCJ) is a collective,independent judicial self-
government body. For the last few years the HCJ has systematically failed to take action against dishonest judges and allowed them to avoid disciplinary responsibility, has put pressure on independent judges and has promoted judges with a questionable reputation. Moreover, some of the HCJ members themselves lack integrity6 -
Strengthening administrative procedures
Public procurement
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In Ukraine, public procurement used to be an area of high corruption risk. Each year, millions of dollars were siphoned off the state budget. Effective and transparent procurements are designed to save money for the state budget and create a healthy business environment.
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for COVID-19
In Ukraine, public procurement used to be an area of high corruption risk. Each year, millions of dollars were siphoned off the state budget. Effective and transparent procurements are designed to save money for the state budget and create a healthy business environment.
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Outsourcing of
Documents
In view of the current medical urgencies related to the COVID-|9 outbreak, the Ministry of
Health of Ukraine will transfer all centralised procurement of medicines, medical devices and
personal protective equipment to the SOE “Medical Procurements of Ukraine” (MPU) with
the exception of procurement conducted via specialised international procurement
organisations. and establish an independent supervisory board selected in a transparent and
competence-bascd procedure.
Progress in making the High Anti-Corruption Court of Ukraine operational in line with the law “On the High Anti-Corruption Court” notably by (a) making significant progress with the selection of qualified and independent judges for this Court (at least submission by the High Qualification Commission of Judges of Ukraine to the High Council of Justice of the recommendations on the appointment of candidates for judge according to the results of the competition), and (b) ensuring that the Court has the financial resources to conduct its mission as prescribed by the law.
Full doc: https://ec.europa.eu/info/sites/info/files/economy-finance/mou_protocol_version_eu.pdf
In the draft 2019 budget to be submitted to the Parliament of Ukraine by 15 September 2018, the Ukrainian government will include an amount for the High Anti-Corruption Court of Ukraine that is appropriate for its effective and independent functioning. The Ukrainian authorities will also launch the processes of selection of members of the Public Council of International Experts and of judges of the High Anti-Corruption Court of Ukraine (MFA first instalment)
Full doc: https://ec.europa.eu/info/sites/info/files/economy-finance/mou_protocol_version_eu.pdf
To ensure an improved framework for fighting and preventing money laundering, adopt an anti-money laundering law in line with the EU-Ukraine Association Agreement. The anti-money laundering law will, in particular, oblige reporting entities (such as banks, notaries and lawyers) to report, to the specially designated agency, on discrepancies between, on the one hand, data on clients’ ultimate beneficial owners (controllers) contained in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations and, on the other hand, information received by the reporting entities as a result of due diligence of their clients (MFA second instalment)
Full doc: https://ec.europa.eu/info/sites/info/files/economy-finance/mou_protocol_version_eu.pdf
To ensure effective verification of information on companies’ beneficial ownership in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations, amend the company registration process so as to require – whenever a legal entity seeks to register or change its entry – additional information on beneficial ownership, notably (a) the type of beneficial ownership, (b) the percentage of each beneficial owner’s interest, (c) a description of the ownership structure in case a legal entity is not directly and wholly owned by its members/shareholders, and (d) a reasoned explanation in case no beneficial owner can be stated (MFA first instalment)
Full doc: https://ec.europa.eu/info/sites/info/files/economy-finance/mou_protocol_version_eu.pdf
Operate a fully functional verification system for electronic asset declarations of persons authorised to perform functions of the state and local self-government proving effective in detecting undeclared income and assets, based on automated verification software and automated access to information held in relevant state registers. On this basis, verify at least 1,000 declarations of high-level officials (including from the executive, the Parliament and the judiciary) and adopt the corresponding verification decisions (MFA second instalment)
Full doc: https://ec.europa.eu/info/sites/info/files/economy-finance/mou_protocol_version_eu.pdf
To put in place an automated verification system for electronic asset declarations of persons authorised to perform functions of the state and local self-government and thereby detect and prevent corruption, the Ukrainian authorities will (a) ensure the upgrade of the verification module to enable logical and arithmetic control of electronic asset declarations, obtaining the necessary certificate of compliance for this module, take ownership of the module and put it into operational use, and (b) conclude the technical protocols on automatic data exchange between the verification module and relevant state registers and establish these connections (MFA first instalment)
Full doc: https://ec.europa.eu/info/sites/info/files/economy-finance/mou_protocol_version_eu.pdf
Set up an electronic asset disclosure system of public officials, including a verification mechanism, while starting to verify assets and possible conflicts of interest on the basis of paper-based asset declarations submitted by officials in 2015
Full doc: http://ec.europa.eu/economy_finance/international/neighbourhood_policy/doc/mou_eu_ukraine_en.pdf
“Establish a National Anti-Corrupttion Burreau, a Specialized Anti-corruption Prosecution Office and a National Agency for the Prevention of Corruption, ensuring that they are independent and operationall, i.e. endowed with financial resources, staff and equipment required to perform their functions.” para 6 Annex 1
Full doc: http://ec.europa.eu/economy_finance/international/neighbourhood_policy/doc/mou_eu_ukraine_en.pdf
“Establish a National Anti-Corrupttion Burreau, a Specialized Anti-corruption Prosecution Office and a National Agency for the Prevention of Corruption, ensuring that they are independent and operational, i.e. endowed with financial resources, staff and equipment required to perform their functions.”
Full doc: http://ec.europa.eu/economy_finance/international/neighbourhood_policy/doc/mou_eu_ukraine_en.pdf
“Establish a National Anti-Corrupttion Burreau, a Specialized Anti-corruption Prosecution Office and a National Agency for the Prevention of Corruption, ensuring that they are independent and operationall, i.e. endowed with financial resources, staff and equipment required to perform their functions”
Full doc: http://ec.europa.eu/economy_finance/international/neighbourhood_policy/doc/mou_eu_ukraine_en.pdf
“In order to ensure that officials accused of corruption cannot benefit from the proceeds of their corruption offences: (i) designate an institution to act as Asset Recovery Office; and (ii) adopt operational guidelines, including a framework for inter-agency cooperation, for the implementation of extended and civil confiscation provisions.”
Full doc: http://ec.europa.eu/economy_finance/international/neighbourhood_policy/doc/mou_eu_ukraine_en.pdf
“In order to ensure that officials accused of corruption cannot benefit from the proceeds of their corruption offences: (i) designate an institution to act as Asset Recovery Office; and (ii) adopt operational guidelines, including a framework for inter-agency cooperation, for the implementation of extended and civil confiscation provisions.”
Full doc: http://ec.europa.eu/economy_finance/international/neighbourhood_policy/doc/mou_eu_ukraine_en.pdf
"Following the establishment of an online database on beneficial ownership of companies, put in place mechanisms to verify, post-registration and on a selective basis following clear criteria, the accuracy of the information provided by companies and enforce compliance with this obligation."
Full doc: http://ec.europa.eu/economy_finance/international/neighbourhood_policy/doc/mou_eu_ukraine_en.pdf