The anti-corruption legislation of Ukraine stipulates that authorized subdivisions (authorized persons) for prevention and detection of corruption are formed (determined) in the state bodies of various levels, state institutions and organizations. At the same time, such commissioners are entrusted with a wide range of tasks, including taking measures to prevent corruption and corruption-related offenses, monitoring compliance with anti-corruption legislation, ensuring the security of employees who report anti-corruption violations, and others. This norm is quite new, as it was introduced only in October last year, and therefore – quite expectedly, there is an on-going process of forming a vision and concept of systematic and quality training for persons who will perform (or already performs) these functions.
On May 20, 2020, a joint discussion was held with the participation of experts from the National Agency on Corruption Prevention, including the Corruption Prevention Strategic Analysis Office, the National Prosecution Academy of Ukraine and a member of the Association of Legal Clinics of Ukraine.
In interactive forms, participants exchanged views and experiences of training different target audiences, approaches and methods of training, tried to form a target group “portrait” for anti-corruption commissioners, determine what resources the NACP has now and what can be involved, what are the goals of such training and how to achieve them in the short and long time span. Participants mostly worked in smaller groups, which included representatives of various institutions. Such a joint discussion helped to find a lot of meaningful and, sometimes, unexpected solutions.
“Knowing the creativity and educational workability of the movement of legal clinics, I immediately considered them as a partner in building the educational activities of the NACP. I think this is just the beginning of good, mutually beneficial cooperation between our two networks.” – says prof. Andrii Halai, an adviser to the NACP chairman.
As a result, it was possible to form a vision of a feasible basis for the formation of the concept of training and work evaluation of authorized units. Part of the discussion concerned the planning of specific steps and measures that would contribute to the achievement of the desired goals in the near future. Including:
- monitoring the formation and staffing of authorized units at different levels, needs and requests of employees of such units,
- identification of training’s priority areas and its formats,
- creation of a single communication platform, etc.
The head of the Corruption Prevention and Detection Department Serhii Derkach emphasized:
“The Corruption Prevention and Detection Department establishes partnerships with the expert community both to increase the efficiency of its work and for the anti-corruption activities of civil society. We are currently building such platforms in several directions at once. We will be glad to cooperate with ALCU, which has significant experience in implementing high-quality, technological legal education, in the field of training anti-corruption commissioners.”
The Association of Legal Clinics of Ukraine willing joins such initiatives and is ready to provide expert and other possible support in the implementation of effective anti-corruption policies and its training component, in particular.
Part 2 of Article 13-1 of the Law of Ukraine “On Prevention of Corruption” stipulates that the main tasks of authorized units (authorized person) are:
1) development, organization and control over the implementation of measures to prevent corruption and offenses related to corruption;
2) organization of work on the assessment of corruption risks in the activities of the relevant body, preparation of measures to eliminate them, making appropriate proposals to the head of such body;
3) providing methodological and consulting assistance on compliance with legislation to prevent corruption;
4) implementation of measures to identify conflicts of interest, assistance in its settlement, informing the head of the relevant body and the National Agency about the detection of conflicts of interest and measures taken to resolve them;
5) verification of the fact of declarations submissions by the subjects of declaration and notification of the National Agency on cases of non-submission or late submission of such declarations in the manner prescribed by this Law;
6) exercising control over compliance with anti-corruption legislation, including consideration of reports of violations of the requirements of this Law, including at subordinate enterprises, institutions and organizations;
7) ensuring the protection of employees who have reported violations of the requirements of this Law from the application of negative measures of influence by the manager or employer in accordance with the legislation on the protection of whistleblowers;
8) informing the head of the relevant body, the National Agency or other specially authorized entities in the field of anti-corruption about the facts of violation of legislation in the field of corruption prevention and counteraction.