The Cabinet of Ministers of Ukraine has presented a bill on prevention of corruption in the Verkhovna Rada of Ukraine (No. 5113).
“This bill defines the legal and organizational basis for the functioning of a system for the prevention of corruption in Ukraine; content and procedure of implementation of preventive anti-corruption mechanisms; rules for eliminating the consequences of corruption offences,” reads the bill posted on the parliament’s Web site.
The bill defines a list of officials falling under its effect. It also foresees creation of the National Commission for Prevention of Corruption, a special agency.
The commission is be accountable to the Verkhovna Rada of Ukraine and reports to the Cabinet of Ministers. Members of the Commission are appointed for a four-year term by the cabinet on the competition basis. The same person can’t occupy the specified position for more than two terms in a row.
Chairman of the commission is elected for two years among its members. The same person can’t occupy this position for two terms in a row.
The commission’s functions include analyses of the state of battling corruption in Ukraine and activity of the state agencies in this sector, analyses of the statistical data, results of researches and other information connected to the corruption.
In addition, the agency performs the following functions: development of anti-corruption strategy projects and state programs for their implementation; assessment of efficiency of implementation of an anti-corruption strategy; monitoring and control of execution of regulations and laws on ethical conduct; prevention and settlement of conflicts of interest among officials; control and examination of declarations of persons authorized with implementation of state and local self-administration functions; keeping unified state registry of such people’s declarations and registry of people, who committed corruption offences.
When exposing signs of a corruption offence, the commission confirms the conclusion made by specially authorized subjects in corruption prevention system.
The national commission is funded from the state budget.
The bill also specifies the procedure for formation and realization of the anti-corruption policy in Ukraine. Basics of the anticorruption policy (strategy) are defined by Verkhovna Rada, which every year, no later than on June 1, holds parliamentary hearings on the corruption in Ukraine and publishes an annual national report on the realization of basics of the anticorruption policy.
The commission develops anti-corruption strategy based on the analyses of the corruption in Ukraine. The strategy is realized by implementation of the government program developed by the commission and confirmed by the Cabinet of Ministers. Anti-corruption programs are adopted by both central and local government agencies; then the national commission confirms such programs.
The bill suggests introduction of limitations on presents that can be given to officials falling under the effect of this bill. An official can accept presents, if their total cost doesn’t exceed 50 percent of the minimum wage (on the day of accepting the present). Total cost of presents accepted within a year from one source can’t exceed two living wages for an able-bodied person.
In addition, the bill foresees limitations on connected persons working together and combining public post with other activities. It also prevents improper advantages or presents for officials.
In addition, the bill defines the procedure and peculiarities for settling a conflict of interests among persons authorized to realize the functions of state or local self-administration. Rules of ethical conduct for such persons are specified as well.
The bill contains a procedure for handing in tax declarations of persons authorized to realize the functions of state or local self-administration. It also includes special anti-corruption instruments: anti-corruption expert review, special ant-corruption examination, unified state registry of persons who committed corruption offences; requirements for transparency and access to the information.
The document also contains regulations foreseeing protection of persons, who report the corruption to authorities, and provisions defining liability for corruption offences and related crimes (criminal, administrative, disciplinary and civil).
