Corruption Risk Assessment Methodology (UA0043)

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

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.