While all of the draft laws have been prepared with wide involvement of the civil society (and specifically the anticorruption working group of the Reanimation Package of Reforms), DHRP has provided international expert support and fostered public discussions that have made production of the draft law "On Corruption Prevention" possible. This legislative initiative envisages creation of an effective and comprehensive system for corruption prevention and is to substitute the current law "On Preventing and Countering Corruption".

 

Some of the proposed innovations expand the list of preventive barriers and bans for public officials, while creating clear "rules of the game" for civil servants, so that their actions are always channeled towards the public good. Importantly, the draft law spells out the details of a conflict of interest and provides guidance on managing this phenomenon. Sanctions are envisaged for those public officials, who would still give preference to their personal interests – ranging from administrative to, in some cases, criminal liability and removal from office.

 

Another important instrument is a new system for financial control over property status of public servants: declarations shall go online, be published in open access and undergo verification by an independent body. If the public servant is unable to justify the lush expenses that he or she initiates, a new legal instrument of illicit enrichment prevention may now be activated. "The legal norm that stipulates illicit enrichment as a crime is in line with the UN Convention Against Corruption. While the current criminal code already has an article with the same name, it is shaped in a way that will prevent its application. This draft law, on the contrary, will enable one to prosecute civil servants who possess expensive property that evidently exceeds their legal incomes" – noted Dmytro Kotliar, Lead Expert of the Reanimation Package of Reforms Anticorruption Group.

 

Well in line with those considerations, the new draft law "On the National Anticorruption Bureau of Ukraine" foresees establishment of a specialized law enforcement anticorruption body. This entity is designed to uncover and investigate corruption offences committed by the top-level officials or those that have especially grave consequences for the society. At the same time, the competences of the Bureau will not cover the private sector, thus preventing it from interfering with the business environment. On the other hand, the body shall be responsible for finding and returning assets stolen by corrupt officials to Ukraine. Importantly, creation of NAB is not supposed to increase the number of law enforcers in the country, since the number of its new employees will be equal to the number of existing anticorruption specialist positions that will be liquidated at other specialized bodies currently entrusted with anticorruption work.

 

Finally, the draft law "On Introducing Amendments to Certain Laws of Ukraine to Disclose End Beneficiary Owners (Controllers) of Legal Entities and Politically Exposed Persons" envisages open presentation of information as to end beneficiary owners of legal entities (de facto information as to the persons who control companies) in the process of state registration. This should help build obstacles to formation of fictitious companies in offshore zones to jumpstart money-laundering schemes. The draft law, as its authors hope, will become another tool in finding and returning stolen assets to Ukraine.

 

 

On Corruption Prevention

 On the National Anticorruption Bureau of Ukraine 

 On Introducing Amendments to Certain Laws of Ukraine to Disclose End Beneficiary Owners (Controllers) of Legal Entities and Politically Exposed Persons