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 ParticipationIRM 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
Implementation i
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
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Infrastructure Data Portal
UA0070, 2018, Anti-Corruption
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Open Standard for e-System
UA0071, 2018, E-Government
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Ensuring Openness and Transparency of Selling Public Assets and Property
UA0072, 2018, E-Government
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Transparency in Public Procurement (Prozorro)
UA0073, 2018, Access to Information
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Awarenss Raising About Social and Economic Development
UA0074, 2018, Aid
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e-Calls for Proposals to Support CSOs
UA0075, 2018, Civic Space
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Beneficial Ownership Registry
UA0076, 2018, Anti-Corruption
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Anti-Corruption Training
UA0077, 2018, Anti-Corruption
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Publishing Environmental Information
UA0078, 2018, E-Government
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Database of Natural Resources
UA0079, 2018, Access to Information
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Interactive Map of Mines
UA0080, 2018, E-Government
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Priority Electronic Services
UA0081, 2018, Citizenship & Immigration
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Online Platform for Executive Bodies and CSOs
UA0082, 2018, Civic Space
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EITI Online Data
UA0083, 2018, Access to Information
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Electronic Resources for Education
UA0084, 2018, Access to Information
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Online Verification of Education Certificates
UA0085, 2018, E-Government
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Free Access to National Repository for Academic Texts
UA0086, 2018, E-Government
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Administrative Service Decentrilisation and Improvement
UA0057, 2016, Capacity Building
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United State Portal Extension; Electronic Government Information Services Unification; Modern Tools for Electronic Identification
UA0058, 2016, Capacity Building
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System for Entities Performing Government Functions
UA0059, 2016, Anti-Corruption
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Free Urban Planning Documentation
UA0060, 2016, E-Government
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Beneficial Ownership Verification System
UA0061, 2016, Anti-Corruption
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CoST Beneficial Ownership Standards
UA0062, 2016, Anti-Corruption
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Transpartent Budget System
UA0063, 2016,
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Open Public Procurement
UA0064, 2016, Access to Information
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Extractive Industries Transparency Initiative
UA0065, 2016, Anti-Corruption
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Environmental Public Monitoring
UA0066, 2016, Access to Information
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Community Policing System
UA0067, 2016, Education
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Draft Law on Public Consultations
UA0068, 2016, Legislation & Regulation
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Development of E-Democracy.
UA0069, 2016, E-petitions
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Improve Government Rules on CSO Involvement
UA0031, 2014, E-Government
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Financing of Charities
UA0032, 2014, Civic Space
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Not-For-Profit Status for CSOs
UA0033, 2014, Civic Space
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Public Participation Law
UA0034, 2014, E-Government
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Establishing Rules on Processing Official Information
UA0035, 2014, Access to Information
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Access to Urban Planning Documents
UA0036, 2014, E-Government
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Access to Communist-Era Archives
UA0037, 2014, Legislation & Regulation
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Draft Law on Open Data
UA0038, 2014, Access to Information
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Supervisory Mechanism for the Right to Information
UA0039, 2014, Access to Information
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Compliance with EITI
UA0040, 2014, Anti-Corruption
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Monitoring of Infrastructure Projects
UA0041, 2014, Anti-Corruption
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Adopt Regional Anti-Corruption Programmes
UA0042, 2014, Anti-Corruption
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Corruption Risk Assessment Methodology
UA0043, 2014, Anti-Corruption
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Asset Disclosure on a Single Web Portal
UA0044, 2014, Anti-Corruption
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Law on Administrative Procedure
UA0045, 2014, Legislation & Regulation
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Law on Streamlining Payment of Administrative Fees
UA0046, 2014, E-Government
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Administrative Services Portal
UA0047, 2014, Access to Information
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Draft Law on Decentralisation of Administrative Services
UA0048, 2014, Legislation & Regulation
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Draft Law on Social Services
UA0049, 2014, E-Government
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e-Government Laws
UA0050, 2014, E-Government
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Electronic Readiness Assessment
UA0051, 2014, E-Government
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Government Regulations on Open Data
UA0052, 2014, Access to Information
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Electronic Democracy Development Roadmap
UA0053, 2014, E-Government
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Open Budget Initiatives
UA0054, 2014, Access to Information
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e-Petitions
UA0055, 2014, Dispute Resolution & Legal Assistance
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e-Governance Training for Local Government
UA0056, 2014, Capacity Building
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Laws on Public Participation
UA0001, 2012, Civic Space
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Amendments to the Law on Community Associations
UA0002, 2012, Civic Space
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Amendments to Resolutions on Collaboration with Civil Society
UA0003, 2012, E-Government
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Training for Public Servants on Consultations
UA0004, 2012, Capacity Building
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Harmonisation of Access to Information Laws
UA0005, 2012, Access to Information
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By-Laws on Access to Information
UA0006, 2012, Access to Information
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Guidelines for Classifying Data
UA0007, 2012, Public Participation
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Public Information Recording Systems
UA0008, 2012,
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Law on Public Broadcasting
UA0009, 2012, Civic Space
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Public Access to Information in State Registers
UA0010, 2012, E-Government
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Extractive Industries Transparency Initiative
UA0011, 2012, Anti-Corruption
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Law for Controlling Declarations of Public Servants
UA0012, 2012, Anti-Corruption
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Public Declarations of Officials’ Assets
UA0013, 2012, Anti-Corruption
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Guidelines on Conflicts of Interest
UA0014, 2012, Anti-Corruption
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Updated Anti-Corruption Laws
UA0015, 2012, E-Government
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Regional Anti-Corruption Programmes
UA0016, 2012, E-Government
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Law on Competitive e-Government Procurement
UA0017, 2012, Anti-Corruption
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Administrative Services Reforms
UA0018, 2012, E-Government
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Electronic Access to Administrative Services
UA0019, 2012, E-Government
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Governmental Web Portal of Administrative Services
UA0020, 2012, E-Government
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Administrative Services in a Digital Format
UA0021, 2012,
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Regional Administrative Service Centres
UA0022, 2012,
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Programme for Promotion of e-Government
UA0023, 2012, E-Government
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Electronic Collaboration Between Executive Agencies
UA0024, 2012,
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Web-Based Petitions System
UA0025, 2012, E-petitions
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One Stop Shop for e-Reporting
UA0026, 2012, E-Government
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e-Region Pilot Project
UA0027, 2012, E-Government
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Network of e-Government Practitioners
UA0028, 2012, Public Participation
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Public Libraries as Bridges Towards e-Governance
UA0029, 2012, E-Government
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e-Government Knowledge Management Portal
UA0030, 2012,