Annual Report of TI Ukraine 2019
Ensure an effective system of punishment for corruption-related offenses.
Goal
more about context
full work of a professional and independent anti-corruption infrastructure that provides an effective system of punishment for committing corruption-related offenses. These include law enforcement and an independent and professional High Anti-Corruption Court, which delivers fair justice within a reasonable timeframe.
In October 2014, the Parliament voted in favor of a package of anti-corruption laws “On the National Anti-Corruption Bureau of Ukraine”, “On Corruption Prevention” and a number of others. This was the basis for the creation of a system of anti-corruption bodies in Ukraine that are designed to effectively combat corruption.
However, the longstanding resistance of the authorities, the poor quality of the law enforcement and judicial reform, the lack of a comprehensive approach to the anti-corruption reform, the lack of a clear separation of powers or a system of checks and balances did not allow for an effective system of punishment for corruption-related crimes.
TI Ukraine aims at
Context
Despite the formation of anti-corruption infrastructure in Ukraine in 2019, the independence and capability of each of these bodies remain questionable.
On September 5, 2019, the High Anti-Corruption Court started its work. However, judicial reform has not been implemented as a whole.
At the same time, there is an urgent need to update the legislation on the activity of the Asset Recovery and Management Agency, as the management of seized assets is not properly addressed.
There are still problems with the activities of some law enforcement agencies, which are also involved in the fight against corruption.
CHALLENGES
WHAT DID WE DO IN 2019
and provided expert opinions on their implementation and functioning
the timely and full launch of the High Anti-Corruption Court, restart of the NACP and the need for legislative changes to protect the whistleblowers, legislative changes for the ARMA to effectively implement their functions, changes in the CPC
On September 5, 2019, we began the monitoring of HACC cases.
our representatives to the Public Control Council at NABU
(presentations, public discussions) with the participation of representatives of anti-corruption institutions, experts, the public and other stakeholders
legal analyses of bills, laws, conclusions of the Constitutional Court with recommendations published
30
4
representatives participated in the NABU HR and Disciplinary Commissions and Prosecutor General’s Office Personnel Commission
120
candidates for the positions of judges of HACC were analyzed
RESULTS
300
officials in the ARMA were analyzed
We presented a study on correlation of management of seized assets with human rights
We conducted surveys of NABU detectives and SAPO prosecutors on specific issues of investigation under the articles of the Criminal Code of Ukraine.
In particular, thanks to our efforts, all components of the anti-corruption infrastructure are launched, operating and interact with each other. TI Ukraine and its partners respond to attempts to limit the independence of these institutions in a timely manner:
Parliamentarians have restored responsibility for illicit enrichment, secured the legislative right to wiretapping for NABU and SIB, partially abolished the “Lozovyi’s amendment,” etc.;
The HACC has started its operations and works in accordance with the established plans, there are already the first results of work and decisions;
Transparent competitions were held at the Public Council under the ARMA. We raised general awareness among the society and the expert environment of the activity of the Agency, its challenges and issues.
Cooperation with civil society should be mutually beneficial and effective. Our work with Transparency International Ukraine is based on a profound analysis of problematic issues and the development of recommendations. This helps us to find effective solutions, including those for the management of problematic assets and improvement of the regulatory framework concerning finding and management of seized assets.
Volodymyr Pavlenko
Deputy Head of the ARMA
Deputy Head of the ARMA
Partners and donors
@ Transparency International Ukraine 2020
Transparency International is an anti-corruption organization founded in 1993 in Berlin by former World Bank director Peter Eigen. Currently, the chair of the Board is Delia Ferreira. Transparency International operates in more than 100 countries worldwide. The organization is best known for its Corruption Perceptions Index and Global Corruption Barometer. According to Global Go To Think Index Tank 2017, Transparency International ranked 51st out of 173 global think tanks and was the leader among 65 think tanks working on issues of open and good governance.
