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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 Institutions, Judiciary, Justice, Public Participation

IRM Review

IRM Report: Ukraine End-of-Term Report 2014-2016

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. Infrastructure Data Portal

    UA0070, 2018, E-Government

  2. Open Standard for e-System

    UA0071, 2018, E-Government

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

    UA0072, 2018, E-Government

  4. Transparency in Public Procurement (Prozorro)

    UA0073, 2018, E-Government

  5. Awarenss Raising About Social and Economic Development

    UA0074, 2018, Aid

  6. e-Calls for Proposals to Support CSOs

    UA0075, 2018, Civic Space

  7. Beneficial Ownership Registry

    UA0076, 2018, Beneficial Ownership

  8. Anti-Corruption Training

    UA0077, 2018, Anti-Corruption Institutions

  9. Publishing Environmental Information

    UA0078, 2018, E-Government

  10. Database of Natural Resources

    UA0079, 2018, E-Government

  11. Interactive Map of Mines

    UA0080, 2018, E-Government

  12. Priority Electronic Services

    UA0081, 2018, Citizenship and Immigration

  13. Online Platform for Executive Bodies and CSOs

    UA0082, 2018, Civic Space

  14. EITI Online Data

    UA0083, 2018, E-Government

  15. Electronic Resources for Education

    UA0084, 2018, E-Government

  16. Online Verification of Education Certificates

    UA0085, 2018, E-Government

  17. Free Access to National Repository for Academic Texts

    UA0086, 2018, E-Government

  18. Administrative Service Decentrilisation and Improvement

    UA0057, 2016, Capacity Building

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

    UA0058, 2016, Capacity Building

  20. System for Entities Performing Government Functions

    UA0059, 2016, Capacity Building

  21. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  22. Beneficial Ownership Verification System

    UA0061, 2016, Beneficial Ownership

  23. CoST Beneficial Ownership Standards

    UA0062, 2016, E-Government

  24. Transpartent Budget System

    UA0063, 2016,

  25. Starred commitment Open Public Procurement

    UA0064, 2016, Capacity Building

  26. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Extractive Industries

  27. Environmental Public Monitoring

    UA0066, 2016, Environment and Climate

  28. Community Policing System

    UA0067, 2016, Education

  29. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  30. Development of E-Democracy.

    UA0069, 2016, Money in Politics

  31. Improve Government Rules on CSO Involvement

    UA0031, 2014, E-Government

  32. Financing of Charities

    UA0032, 2014, Civic Space

  33. Not-For-Profit Status for CSOs

    UA0033, 2014, Civic Space

  34. Public Participation Law

    UA0034, 2014, E-Government

  35. Establishing Rules on Processing Official Information

    UA0035, 2014, E-Government

  36. Access to Urban Planning Documents

    UA0036, 2014, E-Government

  37. Starred commitment Access to Communist-Era Archives

    UA0037, 2014, Legislation & Regulation

  38. Starred commitment Draft Law on Open Data

    UA0038, 2014, Legislation & Regulation

  39. Starred commitment Supervisory Mechanism for the Right to Information

    UA0039, 2014, Legislation & Regulation

  40. Compliance with EITI

    UA0040, 2014, Extractive Industries

  41. Monitoring of Infrastructure Projects

    UA0041, 2014, Anti-Corruption Institutions

  42. Adopt Regional Anti-Corruption Programmes

    UA0042, 2014, Anti-Corruption Institutions

  43. Corruption Risk Assessment Methodology

    UA0043, 2014, Anti-Corruption Institutions

  44. Starred commitment Asset Disclosure on a Single Web Portal

    UA0044, 2014, Asset Disclosure

  45. Law on Administrative Procedure

    UA0045, 2014, Legislation & Regulation

  46. Law on Streamlining Payment of Administrative Fees

    UA0046, 2014, E-Government

  47. Administrative Services Portal

    UA0047, 2014, E-Government

  48. Draft Law on Decentralisation of Administrative Services

    UA0048, 2014, Legislation & Regulation

  49. Draft Law on Social Services

    UA0049, 2014, E-Government

  50. e-Government Laws

    UA0050, 2014, E-Government

  51. Electronic Readiness Assessment

    UA0051, 2014, E-Government

  52. Government Regulations on Open Data

    UA0052, 2014, E-Government

  53. Electronic Democracy Development Roadmap

    UA0053, 2014, E-Government

  54. Open Budget Initiatives

    UA0054, 2014, E-Government

  55. e-Petitions

    UA0055, 2014, E-Government

  56. e-Governance Training for Local Government

    UA0056, 2014, Capacity Building

  57. Laws on Public Participation

    UA0001, 2012, Civic Space

  58. Amendments to the Law on Community Associations

    UA0002, 2012, Civic Space

  59. Amendments to Resolutions on Collaboration with Civil Society

    UA0003, 2012, E-Government

  60. Training for Public Servants on Consultations

    UA0004, 2012, Capacity Building

  61. Harmonisation of Access to Information Laws

    UA0005, 2012, E-Government

  62. By-Laws on Access to Information

    UA0006, 2012, Legislation & Regulation

  63. Guidelines for Classifying Data

    UA0007, 2012, Public Participation

  64. Public Information Recording Systems

    UA0008, 2012, Records Management

  65. Law on Public Broadcasting

    UA0009, 2012, Civic Space

  66. Public Access to Information in State Registers

    UA0010, 2012, E-Government

  67. Starred commitment Extractive Industries Transparency Initiative

    UA0011, 2012, E-Government

  68. Law for Controlling Declarations of Public Servants

    UA0012, 2012, Asset Disclosure

  69. Public Declarations of Officials’ Assets

    UA0013, 2012, Asset Disclosure

  70. Guidelines on Conflicts of Interest

    UA0014, 2012, Conflicts of Interest

  71. Updated Anti-Corruption Laws

    UA0015, 2012, E-Government

  72. Regional Anti-Corruption Programmes

    UA0016, 2012, E-Government

  73. Law on Competitive e-Government Procurement

    UA0017, 2012, E-Government

  74. Starred commitment Administrative Services Reforms

    UA0018, 2012, E-Government

  75. Electronic Access to Administrative Services

    UA0019, 2012, E-Government

  76. Governmental Web Portal of Administrative Services

    UA0020, 2012, E-Government

  77. Administrative Services in a Digital Format

    UA0021, 2012,

  78. Starred commitment Regional Administrative Service Centres

    UA0022, 2012, Public Service Delivery

  79. Programme for Promotion of e-Government

    UA0023, 2012, E-Government

  80. Electronic Collaboration Between Executive Agencies

    UA0024, 2012,

  81. Web-Based Petitions System

    UA0025, 2012,

  82. One Stop Shop for e-Reporting

    UA0026, 2012, E-Government

  83. e-Region Pilot Project

    UA0027, 2012, E-Government

  84. Network of e-Government Practitioners

    UA0028, 2012, Public Participation

  85. Public Libraries as Bridges Towards e-Governance

    UA0029, 2012, E-Government

  86. e-Government Knowledge Management Portal

    UA0030, 2012,