The national Agency for countering corruption appealed to President Vladimir Zelensky because it signed the law on gambling. The Agency stressed that the implementation of the law as drafted will result in numerous corruption schemes, in addition it contains two conflicting provisions.
This is stated in the letter of the national Agency to the President
“NACP noted that despite the fact that this document is aimed at reducing corruption, it still contains corruption risks and in fact cannot be implemented, as its provisions contradict each other”, — stressed in the Department.
It is noted that the NACP has conducted anti-corruption expertise of the bill to discover more than two dozen significant corruption risks, including:
the procedure of forming the composition of the Commission for regulation of gambling and lotteries is contrary to the Constitution, and the required number of its members for decision-making not clearly defined;
wide discretionary powers of the Commission (the ability to act at its discretion) when determining the list of entities that will carry out certification and inspection of gaming equipment can lead to subjective decisions of its members and formation of corruption practices;
the introduction of new permissions without making any changes to the Law of Ukraine “On list of permits in economic activity” could lead to abuses in the exercise of state supervision;
the grounds for obtaining and revocation of licenses for activities in the field of gambling is not clearly defined. Therefore, the Commission will be able to abuse authority and grant licenses to selected enterprises;
the procedure of payment for issue of licenses for implementation of activities in the sphere of gambling is controversial because it includes two versions of the same, which exclude each other. Mutually exclusive applying these rules at its discretion, the Commission will be able to “play along” of the market participants.
In NACP added that the law cannot be implemented, given the presence in the text of the two conflicting provisions:
in one position States that candidates for appointment to the posts of the head and members of the Commission on the regulation of gambling and lotteries for the consideration of Cabinet making the Prime Minister;
another provision specifies that matching candidates to the Cabinet of Ministers shall be made by the Commission of senior civil service on the results of the competition.
Zelensky still signed the scandalous law on gambling
“NACP hopes that the President will initiate changes that will eliminate these risks of corruption and make the law possible,” — said in the message.