Anti-Corruption Expertise

Cabinet of Ministers Regulation adopted on December 8th, 2009 № 1057 " Implementation of government anti-corruption policy" defines Procedure of anti-corruption expertise for legal acts.

Hereby Procedure determines that the draft laws of Ukraine, acts of the President of Ukraine, Cabinet of Ministers of Ukraine, and central executive bodies are subject to the anti-corruption expertise.

The main objectives of anti-corruption expertise is to determine the presence or absence of corruption factors to and to provide recommendations for their elimination.

Implementation of anti-corruption expertise started in November 2009. Total for this period, as of March 10 was conducted and prepared anti-corruption expert opinions on 57 draft legal acts. In particular, as a result of conducted anti-corruption expertises were 31 positive and 26 negative experts opinions.

Among the main corruption factors to takes place such factor as inordinate extension of discretion authority of officials and civil servants that allow these individuals to use their own discretion. The main corruption factors that appear in draft legal acts, should also be noted:

  1. establishment of exaggerated requirements to physical person or to legal person that inhibit the rights, freedoms and interests (inexhaustible lists; amount of necessary information is too burdensome);

  2. absence of administrative procedures (the procedure of providing authorization is not defined);

  3. false targets and priorities for elaboration of draft legal acts.

According to the Regulations of the Cabinet of Ministers of Ukraine (paragraph 14 § 66) in the case when the expert opinion of anti-corruption expertise of draft legal act contains corruption factors this project has to be modified and re-introduced for consideration by the Cabinet of Ministers with consideration of the recommendations outlined in the conclusion (expert opinion). Such a draft act after working out in the Secretariat of Cabinet of Ministers has to be send to Governmental Agent for anti-corruption policy for anti-corruption expertise. However, for re-examination of the anti-corruption draft acts were send only 7 out of 26 acts, which indicates on incorrect performance of the central executive bodies requirements of the abovementioned Regulation. At the same time, the result of the re-examination of seven anti-corruption draft legal acts were prepared 5 repeated negative expert opinions.

Implementation of anti-corruption expertise - is an effective mechanism in the state, which allows to make a qualitative analysis of documents subject to availability corruption factors deriving from the draft legal acts of open or covert double interpretations, preventing corruption factors appear anew.