Personnel Risk:
Moderate
Score:
62/100
Leadership Behaviour
Q34
42/100
Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit, through, for example, speeches, media interviews, or political mandates, to anti-corruption and integrity measures?
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The minister of defence addresses corruption issues in his internal communications [1, 2, 3], as do other high ranking MoD officials [4]. However, there…
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There is evidence that MoD staff communicate externally on corruption issues in the defence sector. For instance, the Minister of Defence demonstrates this through…
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As follows from interviews with a former ATO participant, unit commanders seldom addressed corruption issues in their communications with the personnel in 2015-2016, although…
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Q35
88/100
Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
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There is a range of clearly defined offences in law which apply to defence sector personnel. For instance: appropriation, misappropriation or seizure of property…
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There are several public authorities in Ukraine responsible for the investigation and prosecution of offences, including corruption. SAPO prosecutes high-level corruption (including defence and…
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Q36
58/100
Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
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The Law On Prevention of Corruption provides the legal framework for whistleblowing which is also applicable to the defence and security personnel [1]. The…
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The MoD Anticorruption Program for 2015-2017 as well as the Draft Anticorruption Program for 2017-2020 set a task to create conditions for whistleblowing, develop…
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The Law On Prevention of Corruption, which sets the legal framework for whistleblowing [1], was only developed and adopted in 2014. Not much time…
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Q37
50/100
Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
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Ukrainian legislation provides different procedures for the selection of heads of state-owned enterprises (selection process organized by the executive authority who runs this particular…
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There is a recognition that certain positions are sensitive [1, 2], and there are general provisions for all public service positions limiting conflict of…
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There is a Commission on Issues of Senior Public Service Positions which is comprised of the CMU, the President of Ukraine, the VRU, the…
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Payroll, Promotions, Appointments, Rewards
Q38
50/100
Is the number of civilian and military personnel accurately known and publicly available?
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There is a law which sets the maximum number of personnel of the Armed Forces of Ukraine [1] and also the MoD White book…
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The MoD budget request provides the general numbers of AFU servicemen and MoD officers. It is broken down into four categories: non-conscript AFU servicemen,…
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There is not enough evidence to score this indicator. A source working on ATO topics stated that “ghost soldiers” were an issue for the…
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Q39
63/100
Are pay rates and allowances for civilian and military personnel openly published?
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Pay rates for military personnel are publicly available and disaggregated by rank [1, 2]. Summarised information is made available to the general public [3,…
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There is legislation in place establishing the allowance framework for servicemen [1,2]. However, allowances are paid depending on the allowances fund, and allowances rates…
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Q40
67/100
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
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There is evidence that defence personnel may receive their pay with later than promised [1, 2, 3, 4]. Although, a former ATO participant stated…
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There is evidence that defence personnel may receive not the correct pay due to unit commanders discretionary decisions [1, 2, 3]. A former ATO…
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Pay rates for military personnel are publicly available and disaggregated by rank [1, 2]. Summarised information is made available to the general public [3,…
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Q41
42/100
Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
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Servicemen are appointed by the minister of defence and by officials according to the nomenclature of positions for the appointment of servicemen, approved by…
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The President of Ukraine appoints and dismisses the high command personnel of the AFU and other military units [1]. The minister of defence submits…
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There is no evidence that the top and mid-level military personnel openings follow published job descriptions of any kind. There is no evidence of…
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Q42
33/100
Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
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It is the minister of defence who awards military ranks (maximum colonel) except for the higher ranks; single service chiefs and the deputy chief…
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There are two types of acting positions in the AFU: “temporarily in charge…” (interim) or “admitted to perform…” [1]. In both cases, acting commanders…
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The MoD does not publish any information on awarding ranks. The President of Ukraine has the power to award high ranking positions following the…
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The MoD does not publish any information on awarding ranks, as such this indicator is scored Not Applicable. The President of Ukraine has the…
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Conscription and Recruitment
Q43
100/100
Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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Compulsory conscription was abolished in 2013 [1] but later reintroduced in 2014 because of Russian aggression [2]. Several cases have been published in the…
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Violation of the relevant articles of the Criminal Code of Ukraine can trigger a response, including criminal prosecution, incarceration, imprisonment (up to five years),…
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Several reports in media [1, 2, 3] and the MoD website [4] provide reasonable evidence that sanctions are applied when bribery for the avoidance…
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Q44
100/100
is there a policy of refusing bribes to gain preferred postings? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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The law clearly defines a range of offences that apply to the defence sector personnel. These do not only relate to bribery for soliciting…
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The punishment for bribes as not appropriate use of power or abuse of state position according to the article 364 of the Criminal Code…
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This indicator has been scored Not Applicable. Although there are many media reports on bribery in the context of conscription [1, 2, 3] or…
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Salary Chain
Chains of command are not strictly separated from chains of payment. It is the state secretary who defines the size of allowances and bonuses…
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Values and Standards
Q46
81/100
Is there a Code of Conduct for all military personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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Although the Law On Corruption Prevention provides rules of ethical behaviour Stepan Poltorak, the Minister of Defence, approved the Code of Conduct for AFU…
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The Code of Conduct is available to the public on the MoD’s website [1]. The minister of defence instructed the heads of the structural…
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Although the MoD Code of Conduct was developed in cooperation with NGOs, it is mainly based on the provisions of the existing Ukrainian legislation,…
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The Code of Conduct is available to the public on the MoD’s website [1]. The minister of defence instructed the heads of the structural…
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Q47
63/100
Is there a Code of Conduct for all civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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Although the Law On Corruption Prevention provides rules of ethical behaviour Stepan Poltorak, the Minister of Defence, approved the Code of Conduct for AFU…
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The Code of Conduct is available to the public on the MoD’s website [1]. The minister of defence instructed the heads of the structural…
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Although the MoD Code of Conduct was developed in cooperation with NGOs, it is mainly based on the provisions of the existing Ukrainian legislation,…
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The Code of Conduct is available to the public on the MoD’s website [1]. The minister of defence instructed the heads of the structural…
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Q48
58/100
Does regular anti-corruption training take place for military and civilian personnel?
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There is evidence that anti-corruption training takes place within the MoD. These are comprehensive and address topics such as “Tools and Organizations in the…
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There is evidence that anti-corruption s are being regularly conducted [1, 2, 3, 4, 5]. There is no evidence, however, that there is an…
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BITEC operates educational courses and training programs for managers and other representatives of the subdivisions of the MOD, the General Staff of the AFU,…
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Q49
50/100
Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
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According to Ukrainian legislation, the NAPC must publish, annually, a National Report on the Implementation of Anti-Corruption Policy Principles which inter alia includes statistics…
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Some of the charges and results of prosecution are made publicly available [1, 2, 3], although it is difficult to say what share of…
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There are several public institutions responsible for the investigation and prosecution of offences including corruption offences by defence personnel. SAPO prosecutes top-level corruption offences…
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Q50
67/100
Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
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Bribes (facilitation payments) are prohibited by law. For instance, the Criminal Code of Ukraine, namely Article 368 stipulates that “Accepting an offer, promise or…
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The General Prosecutor`s Office provides data on the prosecution of criminal and administrative corruption cases [1], and there is evidence that cases are investigated.…
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The General Prosecutor`s Office provides data stating there were 2681 cases of bribery (in regards to Articles 368, 369, 370 of the CCU) recorded…
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