References: Constitution of Ukraine Law "On the Constitutional Court of Ukraine," Art. 61

In September 2006, the President of Ukraine adopted a Concept Paper "On the Way to Integrity" which analyses risks and elaborates possible ways to prevent and fight corruption. The Ministry of Justice is currently developing an action plan, which will need to identify clear responsibilities, deadlines, practical measures and budgetary allocations for implementation of the concept. It is expected that once developed, the action plan will be submitted to the Cabinet of Ministers for adoption.

A mechanism for effective coordination and monitoring of the implementation of the concept and the action plan will need to be developed. The current coordination mechanism through the Interdepartmental Commission for prevention and fighting corruption at the National Security and Defense Council does not appear strong enough. A leading institution that would be in charge of taking further the anticorruption agenda, and will ensure effective coordination of various institutions and the monitoring of implementation, needs to be nominated and supported with necessary mandate and resources.

In the area of implementation of the legislation, especially in law enforcement, the low level of communication between various agencies has a negative impact on anticorruption efforts. Thus only a small number of cases find their way to courts, even fewer ending in convictions. Sharing of data and gathering consolidated statistics remains a challenge. In Ukraine there is no specialized anticorruption prosecution unit empowered to detect, investigate and prosecute corrupt activities. A wide debate continues over the need to set up a unique structure that would include representatives from all law enforcement forces either as an independent agency or within one of the institutions that already exist.

There is the risk that a prolonged discussion and lack of practical steps might wear down the remaining public trust in the political class and their will to challenge the old patterns.

References: Constitutional Court of Ukraine Anti-Corruption Network for Eastern Europe and Central Asia, 2006 Istanbul Anti-Corruption Action Plan for Ukraine Monitoring of National Actions to Implement Recommendations Endorsed During the Reviews of Legal and Institutional Frameworks for the Fight against Corruption, 2006 Monitoring report was adopted at the 6th Monitoring Meeting of the Istanbul Anti-Corruption Action Plan on Dec. 12, 2006 at the OECD Headquarters in Paris

Peer Review Comments: In recent years, the composition and activities of the Constitutional Court have become very politicized so that its ability to act as a mediator in the conflict between the branches of power has been compromised. In practice, the court avioded ruling on controversial political issues as much as possible. In addition, in August 2006 a law was passed by the Verkhovna Rada and signed by the president which prevented the Constitutional Court reviewing the legality of the constitutional amendments adopted at the height of the Orange Revolution on 8 December 2004. This law of dubious constitutionality itself remains on the statute books.

References: Art. 80, Constitution of Ukraine

References: Art. 1, Law "On Fighting Corruption"

References: Interview with MP

References: Art. 1, Law "On Fighting Corruption"

References: Art. 6, Law "On Civil Service" Art. 13, Law "On Fighting Corruption"

References: Interviews with MP

Peer Review Comments: Also worth noting is that, although the law prohibits legislators from business activites while holding a deputy's mandate, in practice this is widespread with a large proportion of deputies continuing to engage in business activities at the same time as being an MP.

References: Interviews with MP

References: Accounting Chambe of Ukraine [ LINK ]

References: Interview with MP Levchenko K. Kiev. Aug. 4, 2007

References: Interviews with MP

References: Interviews with MP

Peer Review Comments: It is very difficult to obtain a record, but not due to cost.

References: The law "On Information"

References: www.pravda.com.ua

Peer Review Comments: The Verkhovna Rada Web site makes extensive documentation on the legislative process available almost immediately. Other documentation (e.g. some internal committee documentation) is in principle open but takes time to obtain. It is sometimes the case that records have gaps in particularly sensitive cases.

Peer Review Comments: In practice, many records are available online, but some are not and are very difficult for regular citizens to obtain.

References: Available on the Internet www.4vlada.net