Road map

Ukraine against corruption: what the Ukrainian authorities need to do in order to receive a positive anti-corruption rating from the EU

In June 2022, the European Commission provided its opinion on the application of Ukraine for membership in the European Union. The opinion included recommendation to grant Ukraine candidate status with understanding that Ukraine would take the number of steps implementing the necessary reforms.

One of these reforms was strengthening the fight against corruption.

Although Ukraine has implemented the European Commission's recommendations regarding the appointment of a new head of the SAPO and the director of NABU, the document also contains a condition to strengthen the fight against corruption through effective investigations and the proper dynamics of court cases.

The opinion of the European Commission does not contain a list of specific steps to be taken under this condition. However, we believe that the Ukrainian authorities still have not completed their homework on this part of the recommendation.

That is why the Anti-Corruption Action Center proposed measures that may be appropriate for the full implementation of the specified recommendation.

From the Commission Opinion on Ukraine’s application for membership of the EU

“The Commission, therefore, recommends that Ukraine be granted candidate status, on the understanding that the following steps are taken: [..]
further strengthen the fight against corruption, in particular at high level, through proactive and efficient investigations, and a credible track record of prosecutions and convictions; complete the appointment of a new head of the Specialised Anti-Corruption Prosecutor’s Office through certifying the identified winner of the competition and launch and complete the selection process and appointment for a new Director of the National Anti-Corruption Bureau of Ukraine”

EU opinion

Anti-corruption measures for opening negotiations on Ukraine’s accession to the EU

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RECOMMENDATIONS OF THE EUROPEAN COMMISSION
on which a positive assessment depends

Ukraine fulfilled two of the three requirements. In order to fulfill the last, third requirement, we offer 13 recommendations

Recommendation № 1:

Complete the appointment of a new head of the Specialised Anti-Corruption Prosecutor’s Office through certifying the identified winner of the competition and launch
COMPLETED

Appointment of the new Head of SAPO

The determined winner of the competition for the position of Head of the Specialized Anti-Corruption Prosecutor’s Office (SAPO) Oleksandr Klymenko was appointed on July 28, 2022.

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Recommendation № 2:

Complete the selection process and appointment for a new Director of the National Anti-Corruption Bureau of Ukraine
COMPLETED

Competition and appointment of the new NABU Director

The competition for the new director of the National Anti-Corruption Bureau of Ukraine (NABU) is completed. On March 6, 2023, Semen Kryvonos was appointed as the NABU Director.

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Recommendation № 3:

Further strengthen the fight against corruption, in particular at high level, through proactive and efficient investigations, and a credible track record of prosecutions and convictions
COMPLETED

Restoration of the obligation to declare assets and interests of public officials

On September 20, 2023, after public pressure and a record petition on the President’s website, the Verkhovna Rada adopted draft law No. 9534, which provides for the restoration of the asset declaration process.

Access to declarations of public officials shall be restored in December 2023.

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IN DEVELOPMENT

Strengthening the autonomy of the SAPO, as well as its accountability

On December 8, 2023, the President of Ukraine Volodymyr Zelenskyi signed Law No. 10060 on strengthening the autonomy and independence of  SAPO, yet it does not solve some of the matters.

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IN DEVELOPMENT

Cancellation of the so-called “Lozovyi’s amendments”

During the adoption of the draft law on strengthening the SAPO’s independence, under public pressure MPs did introduce and vote for provisions that partially canceled Lozovyi’s amendments, but not completely.

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NO PROGRESS DEMONSTRATED

Autonomy of the NABU and the SAPO in proceedings against MPs

During the voting on draft law No. 10060 on strengthening the SAPO’s independence, MPs rejected provisions that would have eased such unjustified restrictions. The respective legislative changes were not initiated in the Verkhovna Rada.

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NO PROGRESS DEMONSTRATED

Autonomy of the SAPO to send extradition requests

During the voting on draft law No. 10060 on strengthening the independence of the Specialized Anti-Corruption Prosecutor’s Office, MPs rejected provisions that would have eased such unjustified restrictions. The respective legislative changes were not initiated in the Verkhovna Rada.

07
NO PROGRESS DEMONSTRATED

Consideration of proceedings on misdemeanour, low-level and serious crimes by single judge in HACC

Relevant legislative changes were not initiated in the Verkhovna Rada.

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NO PROGRESS DEMONSTRATED

Improving procedure for concluding plea bargain agreements for wider use of this tool by NABU and SAPO

Relevant legislative changes were not initiated in the Verkhovna Rada.

09
COMPLETED

Full implementation of e-Case system in NABU, SAPO and HACC

On December 1, the third and final stage of the electronic pre-trial investigation system eCase was officially completed.

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IN DEVELOPMENT

Increase the statute of limitations for corruption crimes to a term of at least five years

Draft law No. 10100 partially contains these legislative changes, but only for the period of martial law. The respective legislative changes were not initiated in the Verkhovna Rada.

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NO PROGRESS DEMONSTRATED

Implementation of the system of statistics management on corruption crimes

Relevant legislative changes were not initiated in the Verkhovna Rada, no practical steps were taken.

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IN DEVELOPMENT

Ensure NABU's ability to autonomously extract information from e-systems

The legislative changes came into force in 2019, but have remained unimplemented in practice since then.

13
IN DEVELOPMENT

Establishment of the forensic institution at the NABU

The Verkhovna Rada of Ukraine is considering the package of draft laws 6284 and 6285 on complex improvement of the forensic examination institution.

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COMPLETED

Increasing the maximum number of the NABU staff

The Verkhovna Rada adopted the draft law on strengthening the institutional capacity of the National Anti-Corruption Bureau of Ukraine.  Initiative No. 10203-1 was supported by 332 votes of MPs.

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