On 18 March 2015 the Cabinet of Ministers of Ukraine passed Resolution No. 118 On the Establishment of a National Anti-Corruption Agency (the “Resolution”). The National Anti-Corruption Agency (the “Anti-Corruption Agency”) will be established to aid the transparency of the activities of state and municipal authorities and to prevent corruption in Ukraine.
The Anti-Corruption Agency is a central executive body with a special status accountable to the Cabinet of Ministers of Ukraine pursuant to the Law of Ukraine On Prevention of Corruption adopted on 14 October 2014 (the “Law”) which entered into force on 26 April 2015 (for an analysis of the Law please click here).
The Anti-Corruption Agency is expected to implement the recommendations of the Group of States against Corruption (GRECO) and relevant recommendations developed by the European Commission as part of the Action Plan to liberalise the EU visa regime for Ukraine. It will also be a tool to implement the provisions of Article 6 of the UN Convention against Corruption into national legislation to ensure the establishment and functioning of anti-corruption policy.
According to the Law, the main functions of the Anti-Corruption Agency include:
- analysis of the status of anti-corruption policy in Ukraine, including activities of the state authorities in preventing and combating corruption;
- analysis of statistics, research results and other information regarding corruption in Ukraine;
- drafting the Anti-Corruption Strategy and the State Programme on its implementation, monitoring, coordinating and assessing the anti-corruption strategy;
- developing and implementing an anti-corruption policy, including drafting legal acts on these issues;
- monitoring and verifying income declarations of civil servants and other persons authorised to perform functions of the State or local government, storage and disclosure of such declarations, monitoring the lifestyles of such persons; and
- introducing a Unified State Register of declarations of persons authorised to perform state or local powers, and a Unified State Register of persons who have committed corruption or corruption-related offences.
The Resolution has not been enacted yet; however, it is expected to be enacted in the nearest future.