Framework bill 1222-1 “On arms trafficking” – corruption in the framework!
30 October 2019
Currently, the draft law of 20.09.2019 №1222-1 “On the circulation of weapons” has been submitted to the Verkhovna Rada of Ukraine, the study of which raises serious concerns about possible corruption risks that the public and deputies should pay attention to.
That is why I officially sent my remarks to the Committee on Anti-Corruption Policy of the Verkhovna Rada of Ukraine and am making this publication on the UAWZ website.
In my opinion, the draft law 1222-1 actually describes the current state of corruption of the “permit system” of the Ministry of Internal Affairs (emphasis on bureaucracy and uncertainty of permit procedures, rather than training / preparation of the owner and reliable and transparent accounting of the weapon itself, the lack of restrictions on the awarding of firearms to civilians, preservation of the existing discretionary and uncertain powers of inspectors of the permit system to grant permits, their cancellation, etc.)
The red line in the draft law 1222-1 is the complete lack of legal certainty in the regulation of procedures (excessive freedom in subordinate legislation, cross-regulation through the law and by-laws, etc.)
In general, the corruption risks in the draft law 1222-1 are as follows:
- Lack of legal certainty in the regulation of procedures (excessive freedom in bylaws, cross-regulation through the law and bylaws, etc;)
- There are no clear terms and conditions for making decisions or taking actions;
- Lack of procedures for protection and appeal against unlawful decisions, actions or omissions of officials;
- Lack of control over the authorized body;
- Determination of monopoly powers for one body.
For the convenience of consideration, I attach a scan of the letter and an appendix with comments structured in a table.
Author: Veniamin Tymoshenko
