Expert opinion on two Draft laws amending the Law on Prevention of Corruption in Ukraine

Kyiv, Ukraine 30 June 2017
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Council of Europe submitted to Ukraine’s “Parliamentary Committee on Corruption Prevention and Counteraction”, upon its request, an expert opinion on two draft laws concerning amendments to the Law of Ukraine on Prevention of Corruption.

The two draft laws subject of analysis were:

  1. Draft Law “On Amending the Law of Ukraine ‘On Prevention of Corruption’ in Terms of Improving the Operation Arrangements of the National Agency on Corruption Prevention” (No. 6335); and
  2. Draft Law “On Amending Certain Laws of Ukraine in Terms of Ensuring Efficiency and Independence of the National Agency on Corruption Prevention” (No. 6387).

Basis for the opinion are Council of Europe and other international standards and good practices, including Group of States against Corruption (GRECO) recommendations and human rights aspects.

The opinion notes that the draft laws No. 6335 and No. 6387 bring about several improvements for the Law of Ukraine on Prevention of Corruption. These relate in particular to clarifications on the access of the National Agency on Corruption Prevention (NACP) to state databases, the transparency of meetings of the NACP members, the regular external evaluation of the NACP’s performance, and minimum standards for the annual reports of the NACP.

Notwithstanding the improvements, the opinion raises concern with respect to Draft Law No. 6335 in relation to the influence of the executive branch and ensuing risks to the independence of the NACP. The expert recommendations for Draft Law No. 6335 address these problem areas and a range of technical issues.

The opinion was prepared within the framework of the CoE/EU Partnership for Good Governance (PGG) Project “Fight against Corruption in Ukraine” – Open Advisory Facility.