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Ukraine

Corruption Risk Assessment Methodology (UA0043)

Overview

At-a-Glance

Action Plan: Ukraine Second Action Plan 2014-2015

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Ministry of Justice

Support Institution(s): NGO Transparency International Ukraine, International Renaissance Foundation, NGO All-Ukrainian Special College on Combating Corruption, other unspecified NGOs and international organisations

Policy Areas

Anti-Corruption, Anti-Corruption Institutions, Judiciary, Justice, Open Justice, Public Participation

IRM Review

IRM Report: Ukraine End-of-Term Report 2014-2016, Ukraine IRM Report 2014 – 2015

Starred: No

Early Results: Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation , Public Accountability

Potential Impact:

Implementation i

Completion:

Description

Developing, with the involvement of members of the public, methodological recommendations on identification of corruption risks in judicial officials’ work and of ways to counteract them

IRM End of Term Status Summary

11. Corruption risk assessment methodology

Commitment Text: 11. Developing, with the involvement of members of the public, methodological recommendations on identification of corruption risks in Ministry of Justice officials’ work and of ways to counteract them.

Expected result: methodological recommendations on identification of corruption risks in justice officials’ work approved by the Ministry of Justice.

Lead institution(s): Ministry of Justice

Supporting institution(s): NGO Transparency International Ukraine, International Renaissance Foundation, NGO All-Ukrainian Special College on Combating Corruption, other unspecified NGOs and international organisations

Start Date: Not specified                                                        End Date: 31 March 2015

Commitment aim

The commitment sought to develop a methodology for assessing the risk of corruption in the Ministry of Justice. Such a methodology could be used to identify and manage risks in the justice bodies, as well as prepare actions to prevent corruption in the sector. The commitment was very limited in scope, as it concerned a single ministry. Moreover, it became irrelevant following the enactment of the new corruption prevention law and the establishment of the National Agency for Corruption Prevention. The latter has developed a universal methodology for assessing corruption risk in all public authorities.

Status

Midterm: Substantial

According to the government, the Law on Corruption Prevention (adopted in October 2014 and enacted in April 2015[Note 46: http://bit.ly/1KhE3pn. ]) mandated the National Agency for Corruption Prevention to oversee the development of anti-corruption programmes by public agencies, using a risk assessment methodology, and adopt a universal methodology for corruption risk assessments. This task was also mentioned in the State Program for Implementation of the Anti-Corruption Strategy approved by the government in April 2015.[Note 47: http://bit.ly/1ZZEEld. ] The Ministry of Justice has developed the Principles for Corruption Risk Assessment and Preparing Measures to Eliminate Them. These are detailed guidelines on how to evaluate corruption risks and manage them in public institutions.[Note 48: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 48-49.] Another methodology — the Manual for Assessment of Corruption Risks and Development of Anti-Corruption Action Plans —  was developed by the USAID-funded project, FINREP-II. The manual was based on the new anti-corruption law, requirements of the international standard ISO/IEC 31000:2009 risk management, as well as foreign experience.[Note 49: http://bit.ly/1W5Xu5r. ] There was no information on civil society’s involvement in the development of the methodology by the Ministry of Justice or by the donor-funded project. It was not clear how the two methodologies correlate and would be used, especially since they duplicated one other.[Note 50: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 49.]

End of term: Substantial

At the start of December 2016, the NACP adopted the methodology for assessing corruption risks in the activities of public authorities.[Note 51: http://bit.ly/2hOdtLs. ] Development of such a methodology is required by the Law on Corruption Prevention. The draft methodology was discussed with the public,[Note 52: http://bit.ly/2i5QzNy, http://bit.ly/2iz59y0.  ] and reviewed by the Council of Europe experts. It will come into force after its registration and publication by the Ministry of Justice. The commitment concerned approval by the Ministry of Justice of the methodological recommendations identifying corruption risks in the work of justice officials. The government’s self-assessment reported that such recommendations could be developed based on the NACP general risk assessment methodology.

Did it open government?

Civic participation: Did not change

Public accountability: Did not change

This commitment did not lead to a change in government practice because it concerned only the Ministry of Justice, and became irrelevant after a new corruption prevention law was enacted in April 2015. The new law sets up a National Agency for Corruption Prevention, which broadened the requirement for assessing corruption risks to all public agencies. A risk-based approach to anti-corruption measures is a good practice which had not been used in the Ukrainian public sector. The Law on Corruption Prevention embedded this approach in the anti-corruption planning and actions of all individual agencies. The specialised agency for corruption prevention developed a methodology, and will provide guidance on the use of the risk-based approach. Based on the general methodology, the Ministry of Justice can prepare guidelines on risk assessment in the justice bodies. In this case, the commitment did not change government practice because it was quickly rendered irrelevant following the passage of the new anti-corruption measures, which included and surpassed the provisions of the commitment.

Carried forward?

The commitment was not carried forward to the new action plan. The IRM researcher recommends that the Ministry of Justice apply the general risk-assessment methodology to the bodies under the ministry’s subordination to test it empirically.


Commitments

  1. Expand budget transparency system

    UA0087, 2020, Anti-Corruption

  2. Transparency of public assets

    UA0088, 2020, Access to Information

  3. Create general education distance learning system

    UA0089, 2020, E-Government

  4. Open Science

    UA0090, 2020, Access to Information

  5. Online platform for patents and innovation

    UA0091, 2020, Capacity Building

  6. Audit of beneficial ownership register

    UA0092, 2020, Anti-Corruption

  7. Expand uses for e-democracy platform

    UA0093, 2020, Access to Information

  8. Electronic system for transparency in extractive industries

    UA0094, 2020, Anti-Corruption

  9. Establish National Centre for Open Data Competence

    UA0095, 2020, Access to Information

  10. Digital accessibility for persons with disabilities

    UA0096, 2020, E-Government

  11. Increasing youth participation in policy

    UA0097, 2020, Capacity Building

  12. Publish information related to road system

    UA0098, 2020, E-Government

  13. Register for infrastructure contract information

    UA0099, 2020, Anti-Corruption

  14. Publish gender-disaggregated open data

    UA0100, 2020, Access to Information

  15. Infrastructure Data Portal

    UA0070, 2018, Anti-Corruption

  16. Open Standard for e-System

    UA0071, 2018, E-Government

  17. Ensuring Openness and Transparency of Selling Public Assets and Property

    UA0072, 2018, E-Government

  18. Transparency in Public Procurement (Prozorro)

    UA0073, 2018, Access to Information

  19. Awarenss Raising About Social and Economic Development

    UA0074, 2018, Aid

  20. e-Calls for Proposals to Support CSOs

    UA0075, 2018, Civic Space

  21. Beneficial Ownership Registry

    UA0076, 2018, Anti-Corruption

  22. Anti-Corruption Training

    UA0077, 2018, Anti-Corruption

  23. Publishing Environmental Information

    UA0078, 2018, E-Government

  24. Database of Natural Resources

    UA0079, 2018, Access to Information

  25. Interactive Map of Mines

    UA0080, 2018, E-Government

  26. Priority Electronic Services

    UA0081, 2018, Citizenship & Immigration

  27. Online Platform for Executive Bodies and CSOs

    UA0082, 2018, Civic Space

  28. EITI Online Data

    UA0083, 2018, Access to Information

  29. Electronic Resources for Education

    UA0084, 2018, Access to Information

  30. Online Verification of Education Certificates

    UA0085, 2018, E-Government

  31. Free Access to National Repository for Academic Texts

    UA0086, 2018, E-Government

  32. Administrative Service Decentrilisation and Improvement

    UA0057, 2016, Capacity Building

  33. United State Portal Extension; Electronic Government Information Services Unification; Modern Tools for Electronic Identification

    UA0058, 2016, Capacity Building

  34. System for Entities Performing Government Functions

    UA0059, 2016, Anti-Corruption

  35. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  36. Beneficial Ownership Verification System

    UA0061, 2016, Anti-Corruption

  37. CoST Beneficial Ownership Standards

    UA0062, 2016, Anti-Corruption

  38. Transpartent Budget System

    UA0063, 2016,

  39. Starred commitment Open Public Procurement

    UA0064, 2016, Access to Information

  40. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Anti-Corruption

  41. Environmental Public Monitoring

    UA0066, 2016, Access to Information

  42. Community Policing System

    UA0067, 2016, Education

  43. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  44. Development of E-Democracy.

    UA0069, 2016, Anti-Corruption

  45. Improve Government Rules on CSO Involvement

    UA0031, 2014, E-Government

  46. Financing of Charities

    UA0032, 2014, Civic Space

  47. Not-For-Profit Status for CSOs

    UA0033, 2014, Civic Space

  48. Public Participation Law

    UA0034, 2014, E-Government

  49. Establishing Rules on Processing Official Information

    UA0035, 2014, Access to Information

  50. Access to Urban Planning Documents

    UA0036, 2014, E-Government

  51. Starred commitment Access to Communist-Era Archives

    UA0037, 2014, Legislation & Regulation

  52. Starred commitment Draft Law on Open Data

    UA0038, 2014, Access to Information

  53. Starred commitment Supervisory Mechanism for the Right to Information

    UA0039, 2014, Access to Information

  54. Compliance with EITI

    UA0040, 2014, Anti-Corruption

  55. Monitoring of Infrastructure Projects

    UA0041, 2014, Anti-Corruption

  56. Adopt Regional Anti-Corruption Programmes

    UA0042, 2014, Anti-Corruption

  57. Corruption Risk Assessment Methodology

    UA0043, 2014, Anti-Corruption

  58. Starred commitment Asset Disclosure on a Single Web Portal

    UA0044, 2014, Anti-Corruption

  59. Law on Administrative Procedure

    UA0045, 2014, Legislation & Regulation

  60. Law on Streamlining Payment of Administrative Fees

    UA0046, 2014, E-Government

  61. Administrative Services Portal

    UA0047, 2014, Access to Information

  62. Draft Law on Decentralisation of Administrative Services

    UA0048, 2014, Legislation & Regulation

  63. Draft Law on Social Services

    UA0049, 2014, E-Government

  64. e-Government Laws

    UA0050, 2014, E-Government

  65. Electronic Readiness Assessment

    UA0051, 2014, E-Government

  66. Government Regulations on Open Data

    UA0052, 2014, Access to Information

  67. Electronic Democracy Development Roadmap

    UA0053, 2014, Anti-Corruption

  68. Open Budget Initiatives

    UA0054, 2014, Access to Information

  69. e-Petitions

    UA0055, 2014, Access to Justice

  70. e-Governance Training for Local Government

    UA0056, 2014, Capacity Building

  71. Laws on Public Participation

    UA0001, 2012, Civic Space

  72. Amendments to the Law on Community Associations

    UA0002, 2012, Civic Space

  73. Amendments to Resolutions on Collaboration with Civil Society

    UA0003, 2012, E-Government

  74. Training for Public Servants on Consultations

    UA0004, 2012, Capacity Building

  75. Harmonisation of Access to Information Laws

    UA0005, 2012, Access to Information

  76. By-Laws on Access to Information

    UA0006, 2012, Access to Information

  77. Guidelines for Classifying Data

    UA0007, 2012, Public Participation

  78. Public Information Recording Systems

    UA0008, 2012,

  79. Law on Public Broadcasting

    UA0009, 2012, Civic Space

  80. Public Access to Information in State Registers

    UA0010, 2012, E-Government

  81. Starred commitment Extractive Industries Transparency Initiative

    UA0011, 2012, Anti-Corruption

  82. Law for Controlling Declarations of Public Servants

    UA0012, 2012, Anti-Corruption

  83. Public Declarations of Officials’ Assets

    UA0013, 2012, Anti-Corruption

  84. Guidelines on Conflicts of Interest

    UA0014, 2012, Anti-Corruption

  85. Updated Anti-Corruption Laws

    UA0015, 2012, E-Government

  86. Regional Anti-Corruption Programmes

    UA0016, 2012, E-Government

  87. Law on Competitive e-Government Procurement

    UA0017, 2012, Anti-Corruption

  88. Starred commitment Administrative Services Reforms

    UA0018, 2012, E-Government

  89. Electronic Access to Administrative Services

    UA0019, 2012, E-Government

  90. Governmental Web Portal of Administrative Services

    UA0020, 2012, E-Government

  91. Administrative Services in a Digital Format

    UA0021, 2012,

  92. Starred commitment Regional Administrative Service Centres

    UA0022, 2012,

  93. Programme for Promotion of e-Government

    UA0023, 2012, E-Government

  94. Electronic Collaboration Between Executive Agencies

    UA0024, 2012,

  95. Web-Based Petitions System

    UA0025, 2012, E-petitions

  96. One Stop Shop for e-Reporting

    UA0026, 2012, E-Government

  97. e-Region Pilot Project

    UA0027, 2012, E-Government

  98. Network of e-Government Practitioners

    UA0028, 2012, Public Participation

  99. Public Libraries as Bridges Towards e-Governance

    UA0029, 2012, E-Government

  100. e-Government Knowledge Management Portal

    UA0030, 2012,

Open Government Partnership