Enduring anti-corruption: what requirements will be at the centre of Ukraine's EU accession negotiations?
The progress of anti-corruption reforms determines the success of the entire negotiation process on Ukraine's membership in the EU.
The European Commission launched an official screening of the compliance of Ukrainian legislation with EU law in January 2024. It will show the country's progress in overcoming corruption and assess Ukraine's readiness to join the European Union.
Ukraine is expected to receive the European Commission's report on the results of the screening for the first negotiation cluster in the coming days, probably as early as 17 January.
However, it is already worth considering the following questions: what results can Ukraine anticipate in the fight against corruption? And what key reforms will the European Commission suggest for Ukraine?
"Anti-corruption mainstreaming"
Traditionally, the negotiations between the candidate country and the European Commission on the rule of law and anti-corruption policy take place within the framework of Chapter 23, which is part of the first cluster "Fundamentals".
It determines the success of the entire accession negotiation process: it is the first to be opened and the last to be closed.
However, this is actually the first time in history that the European Commission has applied a specific approach to anti-corruption in its dealings with Ukraine.
The EU is requiring Ukraine to integrate anti-corruption initiatives into all negotiating chapters, ranging from energy and digital transformation to media. This approach is referred to as "anti-corruption mainstreaming."
Thus, we will not be able to close any chapter until we fulfil the relevant anti-corruption requirements.
The main focus of negotiations with the European Commission is the assessment of the candidate country's legislation for compliance with EU legislation. To this end, Ukraine has conducted a self-screening of EU anti-corruption legislation to evaluate how well its national legislation aligns with EU requirements and to identify gaps.
In the anti-corruption sector, there are six such acts: three are fully compliant, and three are almost fully compliant.
However, anti-corruption negotiations are quite flexible and extend beyond the alignment of Ukrainian legislation with EU acts.
The negotiating framework will be determined by the Commission itself, which will also consider two additional sources.
The first source includes recommendations provided to Ukraine directly by the European Commission, as well as through the monitoring mechanisms of international organizations such as the OECD, GRECO and FATF, along with those outlined in agreements with the International Monetary Fund (IMF) and other relevant documents.
The second source involves the European Commission's direct analysis of the situation in Ukraine, identifying key issues in the field of preventing and combating corruption, and forming clear expectations for Ukraine to address these challenges.
As a result, the emphasis shifts toward the need for a comprehensive approach to resolving the systemic problems in Ukraine's framework for preventing and combating corruption, as identified by the European Commission.
From temporary solutions to systemic policy
So what requirements can we expect from the European Commission in the Screening Report?
The Commission underscores that Ukraine must transition from temporary solutions that yield short-term results to the development of a progressive, systematic and effective anti-corruption policy based on data.
The Anti-Corruption Strategy and the State Anti-Corruption Programme for 2023–2025 offer a systematic approach to identifying and addressing corruption risks across various sectors. Ensuring their proper implementation is among the European Commission's key requirements for Ukraine.
The Anti-Corruption Programme is a step-by-step action plan designed to eliminate widespread corruption practices in 15 areas. It includes a strategic analysis of corruption risks, which is a prerequisite not only for combating corruption but also for preventing it. The program involves cooperation among more than 100 government agencies. Its implementation aims to create effective mechanisms for eliminating risks, thereby facilitating Ukraine's integration into European structures.
As of today, Ukraine has fully or partially implemented 349 measures, accounting for 30.4% of the three-year programme.
We remind you that the programme includes 1147 measures in total.
Completing these measures is critical not only for European integration but also as part of Ukraine's commitments under international support programmes with the IMF, World Bank, EU and other donors.
The European Commission also expects Ukraine to draft a high-quality Anti-Corruption Strategy and Programme for 2026–2030. The new documents should prioritise areas such as security and defence, infrastructure rehabilitation, transportation, taxes, customs and energy.
In other words, the new documents should contain initiatives for implementing sectoral reforms that will comply with EU legislation and help minimise corruption in each sector.
Participation in the negotiation process implies that the European Commission anticipates Ukraine will implement several critical initiatives, including:
– adoption of a law to combat the abuse of procedural rights;
– enhancing the process for holding top officials accountable for corruption-related offenses, including granting the High Anti-Corruption Court (HACC) jurisdiction over certain cases;
– adoption of a law aimed at ensuring that a HACC judge will be the sole judge in civil and administrative cases;
– strengthening the institutional capacity of the National Anti-Corruption Bureau (NABU), the Specialised Anti-Corruption Prosecutor's Office (SAPO) and the HACC by providing sufficient material and financial resources and recruiting qualified personnel;
– expanding the powers of the SAPO Head to strengthen the institution.
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Meeting the requirements of the Screening Report is a mandatory element, without which accession to the EU is impossible.
At the same time, we need to understand that anti-corruption reforms and the development of a systemic anti-corruption policy are primarily a need for Ukraine.
European integration should not be seen as a challenge to overcome.
It is an opportunity for Ukraine to make significant progress socially, economically, legally and politically.
EU membership should be the natural outcome of these reforms – a "bonus" for meaningful changes within the country, not merely an end in itself.
Dmytro Kalmykov,
Deputy Head of the National Agency on Corruption Prevention (NACP)