Publication date: 04.07.2024
Anti-corruption legislation in Ukraine
Corruption is one of the most serious problems that negatively affects economic development, public confidence and the rule of law. It undermines the foundations of democracy and contributes to inequality and social injustice. In this regard, effective anti-corruption legislation is critical for any state. In this article, we will look at the anti-corruption legislation of Ukraine, its basic principles, key institutions and current issues in this area.
Fundamentals of Ukrainian anti-corruption legislation
Ukraine's anti-corruption legislation is based on the Constitution of Ukraine, the Laws of Ukraine "On Prevention of Corruption", "On the National Anti-Corruption Bureau of Ukraine", "On the High Anti-Corruption Court", the Criminal Code of Ukraine, as well as other regulations and international treaties ratified by Ukraine.
The main objectives of anti-corruption legislation include:
- Prevention ofcorruption: Establishing mechanisms for preventing corruption offences and reducing corruption risks in the activities of public authorities and the private sector.
- Detectionand investigation of corruption offences: Ensuring effective detection, investigation and prosecution of corruption offences.
- Protection of the rights of victims of corruption: Establishing legal safeguards to protect the rights and interests of victims of corruption.
- Increasetransparency and accountability: Ensuring openness and accountability of public authorities, reducing opportunities for corrupt practices.
Principles of anti-corruption legislation
The main principles of anti-corruption legislation include:
- Therule of law: All individuals and organisations are obliged to abide by the law, and corruption offences must be prosecuted in accordance with the law.
- Theprinciple of inevitability of punishment: Every corruption offence must be investigated and the perpetrators brought to justice.
- Theprinciple of transparency and openness: The activities of state bodies and organisations should be open and transparent, which ensures public scrutiny.
- Theprinciple of prevention of conflicts of interest: Persons holding public office are obliged to avoid situations in which their personal interests may conflict with the interests of the service.
- Theprinciple of public participation: The public should have the opportunity to participate in the process of preventing and combating corruption, including the right to access information and participate in the control of the activities of public authorities.
Key institutions of anti-corruption legislation
The institutions of anti-corruption legislation include a set of bodies and mechanisms that ensure the implementation of anti-corruption policy. The key institutions include:
- TheNational Anti-Corruption Bureau of Ukraine (NABU): The NABU is a specialised law enforcement agency that carries out operational and investigative activities and pre-trial investigations of corruption offences committed by senior officials.
- Specialised Anti-Corruption Prosecutor's Office (SAPO): The SAPO supervises the observance of laws during pre-trial investigations by the NABU and supports public prosecution in courts in cases of corruption offences.
- High Anti-Corruption Court (HACC): The HACC administers justice in corruption cases by reviewing cases under the jurisdiction of the NABU.
- National Agency for the Prevention of Corruption (NAPC): The NAPC carries out measures to prevent corruption, including monitoring compliance with anti-corruption legislation, conducting anti-corruption inspections, and ensuring the implementation of anti-corruption programmes.
Key provisions of anti-corruption legislation
Prevention ofcorruption:
- Conflict of interest: Legislation establishes rules for the prevention and settlement of conflicts of interest. Public officials are required to declare their income, property and expenses, and to report potential conflicts of interest.
- Anti-corruption programmes: State bodies and enterprises are required to develop and implement anti-corruption programmes, including measures to prevent corruption, training of employees, monitoring and assessment of corruption risks.
- Public control: The legislation provides for mechanisms of public control over the activities of state bodies, including access to information, public hearings, participation in commissions and working groups.
Detectionand investigation of corruption offences:
- Pre-trial investigation: The NABU carries out pre-trial investigations of corruption offences, including gathering evidence, conducting operational and search activities, and carrying out investigative actions.
- Publicprosecution: The SAPO supports public prosecution in cases of corruption offences, ensuring the legality and validity of the charges.
- Trial: The HACC conducts court proceedings in corruption cases, ensuring a fair and impartial trial.
It protects therights of victims of corruption:
- Compensation: The legislation provides for the possibility of compensation for damage caused by corruption offences, including compensation for pecuniary and non-pecuniary damage.
- Witness protection: Legislation provides for measures to protect witnesses and whistleblowers, including confidentiality, protection, and protection from harassment and discrimination.
Increased transparency and accountability:
- Income declaration: Civil servants are required to submit income, property and expenditure declarations, which allows for the monitoring of their financial transactions and the detection of possible corruption offences.
- Audit and control: The legislation provides for independent audits of the activities of state bodies and enterprises, financial control, and the detection and prevention of corruption schemes.
Current issues of anti-corruption legislation in Ukraine
Ukraine's anti-corruption legislation is constantly evolving and improving. Among the current issues are the following:
- Effectiveness of anti-corruption bodies: The NABU, the SAPO, the HACC and the NAPC are constantly working to improve the efficiency of their activities, ensure their independence, resource provision and interaction with other law enforcement agencies.
- Prevention of conflicts of interest: An important task is to improve the mechanisms for preventing conflicts of interest, ensuring proper control over the declaration of income, property and expenses of civil servants.
- Protection ofcorruption whistleblowers: An important area is to ensure the protection of the rights of corruption whistleblowers, including legal protection, financial and social guarantees, and prevention of harassment and discrimination.
- International cooperation: An important aspect is the development of international cooperation in the fight against corruption, including the exchange of information, interaction with international organisations, and participation in international anti-corruption programmes and projects.
- Raisinglegal awareness of the population: An important task is to raise public awareness of anti-corruption legislation, the rights and obligations of citizens, and the possibilities of protecting rights in case of corruption offences.
Conclusion.
Anti-corruption legislation of Ukraine is an important branch of law that regulates relations in the field of preventing and combating corruption. The main objectives of anti-corruption legislation include prevention of corruption, detection and investigation of corruption offences, protection of the rights of victims of corruption, and increasing transparency and accountability of public authorities. The basic principles of anti-corruption legislation include the rule of law, inevitability of punishment, transparency and openness, prevention of conflicts of interest, and public participation. Key institutions of the anti-corruption legislation include NABU, SAPO, HACC, NAPC. The main provisions of the anti-corruption legislation include prevention of corruption, detection and investigation of corruption offences, protection of the rights of victims of corruption, and enhancement of transparency and accountability. Current issues of anti-corruption legislation include the effectiveness of anti-corruption bodies, prevention of conflicts of interest, protection of whistleblowers, international cooperation, and raising legal awareness. The legal regulation of anti-corruption activities contributes to ensuring the rights and freedoms of citizens, increasing trust in government agencies, creating a transparent and effective system of governance, and developing democracy and the rule of law in Ukraine.
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