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1、Millennium Challenge Corporation (MCC) Component ThreeUS Department of Justice/OPDAT(Office of Overseas Prosecutorial Development, Assistance and Training) Strengthening Professional Ethicsand Combating Conflicts of Interest and Corruption in Public ServiceTCP Component Three Three Main Parts:lDevel
2、opment of code of professional ethics for public servants, addressing conflicts of interestlDevelopment of an effective and comprehensive system for disclosure of financial and outside interests by public servants, and for review and enforcement of samelDevelopment of internal investigation units (I
3、IUs) to address waste, fraud, abuse and corruption, and ensure integrity and efficiency within ministries or agenciesMethodologyUse of working groups, consisting of members of key GOU ministrieslShare expertiselEncourage buy-inMethodologyInformed by international expertise and examples:lExpertslSamp
4、le legislation, forms, etc.lSite visitsPublic Servant Any person authorized to carry out the functions of either the central government or a local government Code of Professional Ethics for Public Servants Sets out clearly and in detail the specific rules of professional ethics by which public serva
5、nts are to abide while carrying out their official duties and responsibilities. Professional EthicsWhat is a Conflict of Interest? l“A conflict between the private interests of a public servant and the interests of the service the presence of which could influence the objectivity and impartiality of
6、 decision- making and the taking or not taking of action in the course of their service activities.”New Professional Ethics LegislationProposed Law of Ukraine on the Rules of Professional Ethics in Public Service and the Prevention of Conflicts of Interest, Bill No. 4420-1, introduced in Rada by a c
7、oalition of MPs on 14 May 2009Assigned to Committee on Combating Organized Crime and CorruptionCode of Professional EthicsProvisions on conflicts of interestProvisions about receiving gifts and other benefitsProvisions relating to restrictions on certain political activities _System of ethics educat
8、ion and trainingSystem of sanctionsNew Financial Disclosure LegislationProposed Law of Ukraine on Measures of State Financial Control of the Public Service, Bill No. 4472, introduced in Rada by a coalition of MPs on 14 May 2009Assigned to Rada Committee on Combating Organized Crime and CorruptionFin
9、ancial DisclosurePurpose of Financial Disclosure Legislation:lAccording to the UN Convention Against Corruption, “establishes measures of state financial control of the public service through Disclosing revenues, property status and expenditures . . . Using the disclosure data for the purposes of de
10、tection and prevention of financial conflicts of interest and corruption deeds . . ”lAlso establishes transparency of reporting systemFinancial DisclosureMain characteristics of draft disclosure law:lDefine who must filelDefine what must be reported Has to be both comprehensive and comprehensible In
11、cludes property “used” by public officials, and thresholdslDefine procedure for filing When (before during and after office), where, howFinancial Disclosure Draft law details different types of review: Ensure disclosure forms are filed and completed Arithmetical and logical checking Full inspection
12、(for top level + ad hoc + problems from other reviews) for:lCompleteness and reliability of reported informationlPotential or existing conflicts of interestlIllicit enrichmentAnd sets forth how each type of review is to be conductedFinancial DisclosureDraft law establishes framework for structures t
13、hat will be involved in disclosure system Entities required to conduct various types of reviewlImportance of independence, especially for conflicts of interest and illicit enrichment review Responsible persons within ministries with duties to collect and assist, do initial conflicts reviewFinancial
14、DisclosureDraft law sets forth sanctions for different types of violationslDisciplinary, administrative and criminalAlso have draft criminal provisions for:lIntentional reporting of false information, lIntentional obstruction of review of disclosureslIntentional violation of disclosure law by disclo
15、sure officials3 June HearingHearing on 3 June 2009 on draft laws on professional ethics and disclosure of financial and outside interests (4420, 4420-1 and 4472)GRECO President Drago Kos testified that 4420 -1 and 4472 are l“Among the most advanced legislation hes seen,” lComply with all relevant in
16、ternational conventions and instruments,lIn line with the most advanced legal acts in the world, and would be new, not just for Ukraine, but for some older EU States3 June HearingDean William Treanor, Expert on Professional Ethics and Dean of Fordham Law School (New York, USA), testified:lBills represent “essential legislation” for UkrainelThey do an “extrao
