UKRAINE ANTI-CORRUPTION PACKAGE

The Anti-Corruption pakage includes the following laws

Law of Ukraine 'On Prevention of Corruption': This law establishes specific mechanism of formation and implementation of anti-corruption policy, liability for corruption offences, as well as principles of international cooperation in the relevant sphere. This law obliges elected public officials to transfer corporate rights, which they own into third party management. This may be arranged by entering into: (i) an asset management agreement, (ii) securities management agreement, or (iii) an agreement with an asset management company on establishment of a venture capital fund. This law also provides for establishment of the National Commission on Prevention of Corruption and sets requirements to its members. The National Commission on Prevention of Corruption must be established by the Cabinet of Ministers of Ukraine as a special body responsible for formation and implementation of anti-corruption policy. This law entered into force on 26 October 2014.

Law of Ukraine ' On the Principles of State Anti-Corruption Policy in Ukraine (Anti-Corruption Strategy) for 2014-2017': This law approves the Anti-Corruption Stratgey, which aims to eliminate risks of corruption, implement a transparent system of public procurement, and stop corruption in the judiciary. The Cabinet of Ministers of Ukraine is instructed to adopt within three months a state programme, which would determine specific steps for the achievement of the goals of the Anti-Corruption Strategy. This law entered into force on 26 October 2014.

Law of Ukraine 'On National Anti-Corruption Bureau of UKraine': This law provides for establishment of a new state law authority, the Ati-Corruption Bureau. Its tasks are to investigate corruptive offences, as well as to prevent new ones. Its mission is to prevent corruption offences of senior state officials. The Anti-Corruption Bureau must be established by the presidential order. The main function of the Anti-Corruption Bureau is to conduct pre-trial investigations and criminal prosecution. This law entered into force on 25 January 2015

Shaping and Pursuance of State Anti-Corporation Policy

1. Establish anti-corruption coordinating body
2. Assess corrumption level on annual basis
3. Implement international government standards
4. Conduct regular anti-corruption information campaign.

Prevention of Corruption

Sphere 1. Corruption in public governmental bodies

1. Conduct anti-corruption expertise of election legislature
2. Restart financing of political parties at budget expense
3. Implement clear prevention policy of conflicts of interests
4. Establish transparent lobbying principles
5. Ensure civil control over decisions taken by elected officials

Sphere 2. Establishment of integrity public service

1. Amend law on public service according to SIGMA standards
2. Establish system for declaring of public officials property, incomes and expenses
3. Set-up control bodies over public servants ethics standards
4. Adopt the law on information provider protection
5. Conduct control over top-officials integrity

Sphere 3. Anti-Corruption policy in executive power bodies

1. Adopt anti-corruption programmes for state and municipal enterprises
2. Constitute anti-corruption committees (departments) in executive power bodies and private enterprises
3. Update approaches to anti-corruption policy

Sphere 4. Anti-Coruption policy in public procurement sector

1. Reform the law on public procurement under international standards
2. Create database of unfair participants of tender bid
3. Implement electronic procurement system

Sphere 5 Anti-Corruption policy in judicial system

1. Diminish scope of judges immunities
2. Pursue policy to prevent conflicts of judges
3. Set up control over property, income, expenses declared by judges
4. Constitute body controlling integrity of judges
5. Hold anti-corruption trainings and test judges on professional qualifications

Sphere 6 Anti-Corruption policy in the private sector

1. Deregulate national economic
2. Conduct administrative and judicial reforms
3. Conduct reform of law enforcement and controlling bodies
4. Prevent access of corrupted business-companies to public sources
5. Put responsibility for corruption on legal entities
6. Provide access to Uniform State Register of legal and private entities
7. Establish Business Ombudsman Institute
8. Work out a strategy for private sector
9. Conduct information and educational anti-corruption campaign

Penalty for Corruption

1. Amend Criminal Code further to GRECO recommendations
2. Deprive corrupted persons of illegal property
3. Constitute a body to search and detain the seized property
4. Constitute accountable body on vestigation of corruption cries
5. Implement incentive mechanisms to detect corruption practices
6. Create Uniform State Register of legal entities charged with corruption