The state continues to actively fight corruption by implementing international standards and improving its legislation

Ukraine signed the UN Convention against Corruption (UNCAC) on 31 October 2003 and ratified it on 18 October 2006. The Convention entered into force on 1 January 2010, and since then Ukraine has been actively working to implement its provisions.

The Institute of Legislative Ideas has prepared a parallel report on Ukraine's implementation of the UNCAC. Learn about the key achievements and challenges in this area: from transparent public procurement to effective international cooperation for the confiscation of criminal assets.

1️⃣Політика and anti-corruption practices (Article 5)

In general, Ukrainian anti-corruption legislation complies with the international standards set out in UNCAC. However, their actual implementation often depends on the political will of leaders. The adoption of the Anti-Corruption Strategy for 2021-2025 was a success. It was developed with significant involvement of various stakeholders and the public and was based on real, not declarative, goals. The adoption of the State Anti-Corruption Programme (SAP) as a continuation of the strategy, as well as the launch of the SAP implementation monitoring information system, allows us to see the progress of state institutions in implementing reforms in real-time. The key indicator of success will be the real, not the formal, implementation of the measures of the AMP.

Body or bodies for the prevention and combating of corruption (Article 6)

In 2019, the NAPC was reorganized by changing its leadership and structure, which allowed it to increase its independence and transparency. The new leadership ensured more effective oversight of the agency's activities and made its work more open to the public. To further improve the NACP's performance, it is necessary to increase the number of employees and establish territorial offices. In addition, it is necessary to protect the agency from threats from the Parliament and the courts, which have at various times made decisions that negatively affected the NACP's independence.

2️⃣ Conflict of interest and asset declaration (Articles 7.4, 8.1, 8.5)

Ukrainian laws on asset declaration and conflict of interest of public officials are in line with the standards of the UN Convention against Corruption. Public officials are required to submit declarations of their assets, including real estate, vehicles, bank accounts, and securities, and to include information on the assets of their family members. The NACP is responsible for monitoring the declarations. However, due to insufficient resources and problems with certain control tools, the verification of declarations is not fully effective. Another challenge for the state was the cancellation of the obligation to file electronic declarations after the full-scale invasion. It is positive that this obligation will be reinstated in October 2023.

Reporting mechanisms and whistleblower protection (Articles 8.4 and 13.2)

The Law of Ukraine ‘On Prevention of Corruption’ provides for the possibility of reporting corruption through various channels, including internal, external, and regular channels, which is in line with the requirements of the Convention.However, in practice, there are problems with guarantees of anonymity, insufficient resources of the NACP, and sometimes a formal approach to the establishment of reporting channels. The NACP's whistleblower protection tools are not fully effective, in particular, due to numerous opportunities to avoid liability, and the agency's orders are not implemented in practice. This practice, together with numerous violations of protection guarantees and isolated legislative issues, constitute significant challenges to effective whistleblower protection.

3️⃣ Public Procurement (Article 9.1)

The Prozorro system was introduced to make public procurement transparent. Prozorro ensures that all procurement activities, from the announcement of a tender to the conclusion of a contract, are carried out through an electronic system. This is in line with the international standards of the UN Convention against Corruption, which requires transparency and accountability in public procurement. However, there are sometimes attempts to exclude certain goods or services from the system, which reduces the level of transparency. Unfortunately, from time to time such attempts are successful. The capacity of the supervisory authority (SASU) should be strengthened, as the main control is currently exercised by the public. Another challenge was the non-use of Prozorro procurement at the beginning of Russia's full-scale invasion of Ukraine. In 2023, there was a gradual return to pre-war procurement procedures.

4️⃣Заходи on the judiciary (Article 11.1)

Ukrainian legislation, namely the Constitution of Ukraine and the Law of Ukraine ‘On the Judiciary and the Status of Judges’, ensures the independence of the judiciary in line with the standards of the UN Convention against Corruption. However, the level of compliance with the law is low, and the judiciary is constantly at the center of political and

corruption scandals. The main threats to the independence of judges are judges themselves, as well as members of the judiciary who are well integrated into informal relations with various political forces. The selection of judges for the High Anti-Corruption Court was carried out in a transparent and open procedure with the involvement of international experts.

5️⃣Запобігання transfers of the proceeds of crime and their detection (Articles 52 and 58)

Ukrainian legislation regulates the prevention of money laundering. There are requirements for financial institutions to identify and verify customers, monitor suspicious transactions, and report them to the State Financial Monitoring Service.The legislation also establishes mechanisms for freezing and confiscating the proceeds of crime, which prevents their legalization and further use. These measures help to identify and block illegal financial flows, thereby ensuring an effective fight against financial crime.

Conclusions.

These results show that Ukraine has made significant progress in implementing anti-corruption legislation in line with international standards. Legislative changes have improved transparency and accountability in various areas. However, the effectiveness of these measures often depends on political will and available resources. For further success, the institutional capacity and independence of key anti-corruption bodies must be strengthened. This will allow them to fight corruption more effectively and maintain public trust.