- To conduct transparent and politically impartial competitive selections of heads of anti-corruption institutions.
Despite the repeated promises of the authorities and even international obligations of Ukraine, the competition for the selection of the SAPO head was discredited as much as possible,
and as of January 2022, it has not been completed.
As part of the competition to select the head of the ARMA, candidates passed tests for knowledge of general and special legislation. At the same time, TI Ukraine experts found numerous problems
— in particular, this refers to the lack of a procedure for holding a competition and the rules of work of the selection commission when accepting documents, blurring the criteria of integrity, and so on. Only 12 candidates applied for the selection itself. And although all of them are allowed to participate in the competition, it is difficult to expect optimal results and the election of a truly worthy head of the ARMA.
- To ensure an effective system of checks and balances for independence of the anti-corruption infrastructure from administrative and political pressure.
On the one hand, after the decisions of the Constitutional Court, changes were made that balanced the branches of government — for example, in part of the NABU's activities.
Therefore, there is little progress in this direction. However, at the same time, anti-corruption institutions were subjected to serious pressure and attempts to weaken their independence. We emphasize the need to change the legislation and ensure the real independence of the ecosystem, in particular of the Specialized Anti-Corruption Prosecutor's Office from the Prosecutor General's Office
. It is also important to change the procedures for competitive selection of the SAPO and ARMA heads, which will facilitate the appointment of professional and honest managers.
- To provide anti-corruption bodies with the necessary tools in legislation for the full implementation of their functions.
Positive changes: last year, MPs did vote for the first changes to legislation
on the ARMA, this was another step towards improving the management of seized assets. And with the newly adopted Law,
the NABU is getting closer to being able to independently conduct wiretapping of potential corrupt officials. However, there are also growth zones. This is, for example, draft Law
that should provide the HACC with tools to counteract the violation of the judicial process; such changes should significantly increase the efficiency of the court. MPs never got around to the consideration of this document in the session hall. Moreover, the infamous decision of the CCU
deprived the NACP of the opportunity to fully perform a significant part of its functions.
- To introduce balanced criminal liability for "lying in declarations" and deliberate failure to submit a declaration, which would provide for a sanction in the form of imprisonment.
Although MPs did improve
the liability for false declaration, they did it too late: the adopted document did not apply to annual declarations for 2020. 2021 was the first year when declarations were submitted in the absence of effective deterrent sanctions for lying in declarations or failure to submit them.
The absence of the threat of imprisonment prompted a less responsible attitude of officials to the declaration. At the same time, even after the restoration of more severe consequences, the maximum penalty was 1 year in prison, and not 2, as, for example, TI Ukraine recommended