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NATIONAL INTEGRITY SYSTEM | UKRAINE 2011 www.toro.org.ua/nis ISBN: 978-966-2157-41-3 © 2011 TORO Creative Union. All rights reserved. Every effort has been made to verify the accuracy of the information contained in this report. All in- formation was believed to be correct as of April 2011. Nevertheless, TORO Creative Union cannot accept responsibility for the consequences of its use for other purposes or in other contexts. This publication was prepared for the Bill & Melinda Gates Foundation. The findings and conclusions contained within are those of the authors and do not necessarily reflect positions or policies of the Bill & Melinda Gates Foundation. TABLE OF CONTENTS I. INTRODUCTORY INFORMATION 5 II. ABOUT THE ASSESSMENT OF THE NATIONAL 13 INTEGRITY SYSTEM III. EXECUTIVE SUMMARY 17 IV. COUNTRY PROFILE – THE FOUNDATIONS OF 25 THE NATIONAL INTEGRITY SYSTEM V. CORRUPTION PROFILE 33 VI. ANTI-CORRUPTION ACTIVITIES 39 VII. NATIONAL INTEGRITY SYSTEM 45 1. Legislature 46 2. Executive 59 3. Judiciary 70 4. Public Sector 82 5. Law Enforcement Agencies 95 6. Electoral Management Body 104 7. Ombudsman 116 8. Supreme Audit Institution 128 9. Anti-Corruption Agencies 138 10. Political Parties 145 11. Media 158 12. Civil Society Organisations 171 13. Business 180 VIII. CONCLUSION 189 IX. BIBLIOGRAPHY 195 TABLES Table 1. Key Macroeconomic Indicators, 2005-2009 29 Table 2. Public Perception of Corruption in Institutions of the Country 35 Table 3. The Law-making in the Ukrainian Parliament, 2008-2010 50 Table 4. The Results of Consideration of the Requests for Information 53 by the Parliament’s Secretariat and Committees NATIONAL INTEGRITY SYSTEM | UKRAINE 2011 Table 5. The Results of Consideration of the Requests for Information 64 by the CMU Secretariat and the Ministries Table 6. The Results of Consideration of the Requests for Information 76 by Judicial Bodies Table 7. Administrative Cases Related to Corruption and Results of 88 Their Consideration by Courts, 2007-2009 Table 8. The Grounds for Dismissal of Civil Servants and Servants 90 Employed by Local Self-Government Bodies Table 9. The Results of Consideration of the Requests for Information 99 by the Law Enforcement Agencies Table 10. Confidence in the CEC in March 2005 and June 2007, % 107 Table 11. The Results of Consideration of the Requests for Information 110 by the Central Election Commission Table 12. The Results of Consideration of the Requests for Information 121 by the Ombudsman Table 13. The Results of Consideration of the Citizen Complaints by 125 the Ombudsman Table 14. The Results of Consideration of the Requests for Information 133 by the Accounting Chamber Table 15. The Results of Consideration of the Requests for Information 142 by the Government Agent on Anti-Corruption Policy Table 16. Party Organisations at Regional and Local Level (as of 146 March 2010) Table 17. The Results of Consideration of the Requests for Information 152 by Political Parties CHARTS Chart 1. State Budget Funds Allocated to the Secretariat of the CMU, 60 2006 – 2010, mln. Chart 2. The Number of Judges Dismissed by the Parliament and 74 President for Violation of Oath, 2005 – October 2010 Chart 3. The Results of Consideration of Cases of Bribery by Courts, 80 2008 Chart 4. Civil Servants of 1-4 Categories Brought to Administrative 102 Liability, 2005 - 2009 Chart 5. State Budget Funds Allocated to the CEC, 2006 – 2010 105 Chart 6. The Number of Individuals Seeking the Ombudsman’s 124 Protection, 2006-2009 Chart 7. State Budget Funds Allocated to the Accounting Chamber, 129 2006 – 2010 Chart 8. Education of the Accounting Chamber’s Employees 130 NATIONAL INTEGRITY SYSTEM | UKRAINE 2011 NATIONAL INTEGRITY SYSTEM ASSESSMENT PROJECT COORDINATOR Oleksii Khmara, President of the TORO Creative Union, Transparency International Contact Group in Ukraine LEAD RESEARCHER Denys Kovryzhenko, Director of Legal Programs, Agency for Legislative Initiatives AUTHORS Olena Chebanenko, Chapter VII: 1, Program Coordinator of the Department for Policy Analysis, 10, 12 Agency for Legislative Initiatives Roman Golovenko, Chapter VII: Expert of the Institute of Mass Information 11 Dmytro Kotlyar, Chapter VII: 3, Independent expert 5, 9, 13 Denys Kovryzhenko, Chapters II-VI, Director of Legal Programs, VII: 2, 4, 6, 7, Agency for Legislative Initiatives 8; VIII, IX CONTRIBUTORS TO THE STUDY Yuriy Dzhygyr Volodymyr Kushnirenko Kateryna Sidash REQUESTORS (FIELD TESTS) Iryna Breza, Uzhgorod Press Club Kostiantyn Cherniahovych, Kirovograd Regional Organisation of the People with Disabilities Dmytro Hamash, Gazeta po-ukrainski newspaper Volodymyr Kushnirenko Oleksiy Litvinov, Dnipropetrovsk Coordination and Expert Center for Regulatory Policy Kateryna Sidash Liubov Slobodyan, Kirovograd Regional Organisation of the People with Disabilities Tetyana Yatskiv, Center for Civic Advocacy RESEARCH REVIEW Finn Heinrich, Transparency International Secretariat Suzanne Mulcahy, Transparency International Secretariat Juhani Grossmann, Deputy Chief of Party for International Foundation for Electoral Systems, Philippines THE LIST OF INTERVIEWEES1 Andriy Bohdan Government Agent on Anti-Corruption Policy Oleksandr Chernenko Head of the board of the national NGO “The Committee of Voters of Ukraine” Mykola Dondyk Deputy chief of the Secretariat of the Central Election Commission Yuriy Kluchkovskyi People’s deputy of Ukraine Kateryna Kotenko Executive director at the Television Industry Committee Leonid Kozachenko Chair of the Entrepreneurs Council at the Government of Ukraine, head of Ukrainian Agrarian Confederation Roman Kuybida Deputy head of the board of the Centre for Political and Legal Reforms Kostiantyn Kvurt Head of the board of the international public organisation “Internews-Ukraine” Maksym Latsyba Head of the programs of the Ukrainian Independent Center for Political Research Vyacheslav Lypetskyi Assistant at the International Republican Institute (IRI) Anzhela Maliuha Head of the Secretariat of the Parliamentary Committee on State Building and Local Self-Government Oksana Markeyeva National Institute for Strategic Studies, former head of Division on Law Enforcement in the Secretariat of the National Security and Defence Council of Ukraine Oleksiy Orlovskyi Director of the Civil Society Impact Enhancement Program of the International Renaissance Foundation Serhiy Podhorniy People’s deputy of Ukraine Oleksiy Pogorelov Director of the Ukrainian Association of the Press Publishers Oksana Prodan Former chair of the Entrepreneurs Council at the Cabinet of Ministers of Ukraine Yevhen Radchenko Expert on electoral matters, development manager at the international public organisation “Internews-Ukraine” Ruslan Riaboshapka Head of the Anti-Corruption Bureau Andriy Shevchenko People’s deputy of Ukraine Yuriy Shveda Assistant professor, Sub-Faculty of Political Science of the Philosophy Department, Lviv National University Mykhailo Smokovych Judge of the Higher Administrative Court of Ukraine NATIONAL INTEGRITY SYSTEM | UKRAINE 2011 Tetiana Soboleva Political party program officer at the National Democratic Institute for International Affairs (at the time of interview) Victor Tymoshchuk Deputy head of the Centre for Political and Legal Reforms Eleanor Valentine Director of the Parliamentary Development Project II Morgan Williams President of the US-Ukraine Business Council Vitaliy Zamnius Mass Media Program director at the International Renaissance Foundation THE LIST OF MEMBERS OF THE ADVISORY GROUP Andriy Bohdan Government Agent on Anti-Corruption Policy Mykhailo Buromenskyi Doctor of Laws, professor Oleksandr Chernenko Head of the board of the national NGO “The Committee of Voters of Ukraine” Victor Chumak Director of the NGO “Ukrainian Institute of Public Policy” Roman Kobets PhD in philosophy, analytical director of the NGO “Ideal Country” Mykola Koziubra Doctor of Laws, professor, judge of the Constitutional Court of Ukraine (retired) Andriy Meleshevych PhD in law, professor, dean of the Law Faculty of the National University “Kyiv Mohyla Academy” Oksana Prodan Former chair of the Entrepreneurs Council at the Cabinet of Ministers of Ukraine Victoria Siumar Executive director of the NGO “Institute of Mass Information” Serhiy Tkachenko Head of the Donetsk regional office of the national NGO “The Committee of Voters of Ukraine” Yulia Tyshchenko Head of the board of the NGO “Ukrainian Independent Center for Political Research” 1 Interviewees who wanted to remain anonymous are not included into this list. For information on the dates when such interviews were conducted and institutions which the anonymous interviewees represented see the pillar reports. ACRONYMS AND ABBREVIATIONS ABA ROLI American Bar Association Rule of Law Initiative ACA Anti-Corruption Agencies AMC Anti-Monopoly Committee BTI Bertelsmann Transformation Index CEC Central Election Commission CIDA Canadian International Development Agency CM CoE Committee of Ministers of the Council of Europe CMU Cabinet of Ministers of Ukraine CPC Criminal Procedure Code of Ukraine CPI Corruption Perceptions Index CSO Civil Society Organisation EBRD European Bank for Reconstruction and Development ECtHR European Court of Human Rights EIU Economist Intelligence Unit EMB Electoral Management Body FDI Foreign Direct Investment FOIA Freedom of Information Act GCB Global Corruption Barometer GCR Global Competitiveness Report GDP Gross Domestic Product GRECO Council’s of Europe Group of States against Corruption HACU Higher Administrative Court of Ukraine HCJ High Council of Justice
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