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LAW OF UKRAINE

of October 14, 2014 No. 1699-VII

About fundamentals of the state anti-corruption policy in Ukraine (Anti-corruption strategy) for 2014-2017

(as amended of the Law of Ukraine of 14.07.2015 No. 595-VIII)

The Verkhovna Rada of Ukraine decides:

1. Approve fundamentals of the state anti-corruption policy in Ukraine (anti-corruption strategy) for 2014-2017 which are applied.

2. Bring in the Law of Ukraine "About the principles of prevention and anti-corruption" (Sheets of the Verkhovna Rada of Ukraine, 2011, No. 40, Art. 404; 2014, No. 11, Art. 132) following changes:

Part the fourth Article 5 to state 1) in the following edition:

"4. Coordination of realization by the approved Verkhovna Rada of Ukraine of anti-corruption strategy is performed by specially authorized body concerning anti-corruption policy";

5 parts two of Article 19 of the word "certain President of Ukraine" to exclude 2) in Item.

Item 2 actually ceased to be valid according to the Law of Ukraine of 14.10.2014 No. 1700-VII

3. To the Cabinet of Ministers of Ukraine in three-months time from the date of entry into force of this Law:

develop the mechanism of accomplishment of tasks (program) for realization of fundamentals of the state anti-corruption policy in Ukraine (Anti-corruption strategy) for 2014-2017;

bring the regulatory legal acts into accord with this Law.

4. This Law becomes effective from the date of, its publication following behind day.

President of Ukraine

P. A. Poroshenko

 

Approved by the Law of Ukraine of October 14, 2014 No. 1699-VII

Fundamentals of the state anti-corruption policy in Ukraine (Anti-corruption strategy) for 2014-2017

1. General provisions

The problem resolution of corruption is one of priorities for the Ukrainian society at today's stage of development of the state.

According to researches, corruption is one of the reasons which led to mass protests in Ukraine at the end of 2013 - the beginning of 2014. According to results of research of "Barometer of world corruption the" (Global Corruption Barometer) conducted by the international organization Transparency International in 2013 36 percent Ukrainian were ready to go outside, protesting against corruption. By results of the opinion surves which are carried out by the International fund of the electoral systems (IFES) at the end of 2013, corruption was already among the largest problems of the population and caused special concern in 47 percent of citizens. According to the researches of the Index of perception of corruption conducted by Transparency International, Ukrainians consider the country one of the most corrupted in the world: in 2012 and 2013 the state took the 144th place from 176 countries in which researches were conducted.

Such high rate of perception of corruption by citizens is explained by lack of efficient reforms in the field of anti-corruption and inefficient activities of law enforcement bodies for identification of corruption offenses and involvement of guilty persons to responsibility about what witnesses, in particular, unsatisfactory accomplishment of the international obligations by Ukraine on implementation of anti-corruption standards from 25 recommendations of Group of the states against corruption (GRECO) provided by results of the first and second rounds of assessment, only 13 recommendations are implemented, despite six years of work and three rounds of assessment of progress, and from 16 recommendations provided by results of the third round only three recommendations are implemented. From anti-corruption recommendations of the Action plan about liberalization of visa regime with the EU (EU) only small part concerning corruption criminalization is implemented. Key recommendations of Group of the states against corruption (GRECO) and the EU about creation of anti-corruption institutes, carrying out reforms of prosecutor's office, public service, creation of control systems on prevention of conflict of interest and virtue of assets of officials remained outstanding.

At the same time the National anti-corruption strategy for 2011-2015 approved by the Presidential decree of Ukraine of October 21, 2011 No. 1001, did not become the effective tool of anti-corruption policy.

Absence contrary to the international experience of accurate indicators and efficiency of its accomplishment became one of basic reasons of inadequate accomplishment of National anti-corruption strategy for 2011-2015 as the main program document in the anti-corruption sphere.

In the specified Strategy there is also no mechanism of monitoring and assessment of its accomplishment - it is not provided how the corresponding work National anti-corruption committee shall be performed and how the public shall be involved in these processes.

Thus, it is possible to state that for today in Ukraine actually there is no effective strategy of anti-corruption which would consider sharpness of problem and relevance of situation.

Due to specified it is necessary to accept the new strategic document which would determine first-priority measures for prevention and anti-corruption which shall create basis for further carrying out reform in this sphere.

2. Forming and realization of the state anti-corruption policy

1. Problem.

According to articles 5 and 6 of the Convention of the UN against corruption the State Parties shall develop and perform the effective coordinated policy on anti-corruption and form for this purpose specially authorized body (bodies). The corresponding recommendations are provided to Ukraine by Group of the states against corruption (GRECO), Organization for Economic Cooperation and Development (OECD) and experts of the EU.

In Ukraine separate powers on forming and realization of anti-corruption policy allocate several institutes among which - National anti-corruption committee, the Ministry of Justice of Ukraine, the Government representative for anti-corruption policy. However such distribution of functions of forming and realization of anti-corruption policy between bodies on different legal status and in amount of powers does not conform to international standards concerning the bodies authorized on its forming and realization neither for criteria of specialization, nor for criteria of independence.

Besides, number of functions in the field of anti-corruption policy carrying out on permanent basis of assessment of the state of affairs with corruption, monitoring of realization of the state anti-corruption policy, outlook forming corruption unacceptance is not realized at all by any body of the state, including.

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