The National Agency for Corruption Prevention is entering a new phase. The Parliament has passed amendments to the Law “On Corruption Prevention.” 237 MPs supported the amendments.
The NACP had issues with its independence and effectiveness almost since the very start.
So what will happen to the NACP?
- The NACP will cease to be a collegiate agency. The Agency will have its Head, who will account for the institution’s performance. He or she will be appointed by the Cabinet of Ministers under a new procedure for a 4-year term of office without the right to be reelected.
- After the law comes into effect, all members of the NACP and the Public Council under it, the chief of staff and the deputy chief of staff will be dismissed. TI Ukraine considers this change potentially dangerous in terms of them possibly being disputed, since it would make sense to synchronize them with the competition for the new Head of the NACP.
- Within 5 business days from the law coming into effect, the Cabinet of Ministers is supposed to appoint a temporary acting Head of the NACP. We criticized this provision from the very beginning, since the law does not specify the competitive procedure of appointment of the acting Head of the NACP and clear requirements to this person. This means that the government will potentially have an opportunity to influence the NACP.
- The role of international experts in the selection board for Head of the NACP will be strengthened. Three out of six selection board members will be delegated by the international community, which TI Ukraine supports.
The NACP will cease to be a collegiate agency. The Agency will have its Head, who will account for the institution’s performance. He or she will be appointed by the Cabinet of Ministers under a new procedure for a 4-year term of office without the right to be reelected.
- The requirements to the candidates for the Public Council under the NACP will increase. The law says that the candidate should have at least two years of anti-corruption experience and proof of implemented projects.
- The NACP will create a special procedure of e-declarations for the SBU and the External Intelligence Service (Article 52-1 of the Law “On Corruption Prevention). This special procedure will not apply to positions openly appointed by the President.
- The time limit for administrative prosecution of corruption will increase from three months to two years.
- Once in two years, three individuals delegated by international organizations and appointed by the Cabinet of Ministers will perform external audit of the NACP. The conclusion that the NACP is ineffective will constitute good reason to dismiss the Head of the NACP ahead of schedule.
- Officials subject to e-declarations will be relieved of the obligation to report significant changes in the wealth of their family members. TI Ukraine supports this provision, since the official is not obliged to track changes in his or her family members’ lives and should not be held accountable for them.
However, now the circle of officials who are supposed to submit information on significant changes in their financial status has been narrowed down. For instance, low-ranking officials have been relieved of this obligation. We believe this is risky.
Read more in our legal analysis: bit.ly
The role of international experts in the selection board for Head of the NACP will be strengthened. Three out of six selection board members will be delegated by the international community.