CC BY
5
. „ „ „„„„ Baltic Journal of Economic Studies Vol. 8 No. 2, 2022 ---
DOI: https://doi.org/10.30525/2256-0742/2022-8-2-137-145
ADMINISTRATION OF ELECTRONIC REGISTRIES BY CENTRAL EXECUTIVE AUTHORITIES: PRAXEOLOGICAL ASPECT
Antonina Slavytska1, Yana Maslova2, Natalia Bilak3
Abstract. The subject of the study are conceptual, theoretical, methodological and applied provisions for the use of digital tools in law enforcement activities on the example of specific institutions (the National Agency for the Prevention of Corruption, the Ministry of Justice of Ukraine). Methodology. General scientific methods were used in the research process. The method of comparison was used to summarize the approaches of various researchers on the main dominants of the implementation of the idea of electronic registries and their interaction by default. Analysis was used to determine quantitative and qualitative characteristic parameters of the specifics of the National Agency for the Prevention of Corruption of the Ministry of Justice of Ukraine in the digital era. Induction and deduction were used to determine the approaches to the main dominants of the legal forms of activity of the central bodies of state executive power. The results of the study showed that the introduction and application of digital skills in the activities of authorized subjects of power, creates conditions both for the effective execution of their powers, and contributes to the public interest, in general. Conclusion. What is common to the functioning of electronic registries is that they help to ensure transparency of the activities of specific state institutions and effective information interaction between them. On the example of the National Agency for the Prevention of Corruption it is established that the administration of anti-corruption registries is a separate block of powers of the main state anticorruption agency of Ukraine, so it is an obligation, which is ensured by the commitment for quality performance. Other electronic tools have been used to compare the activities of the National Agency for the Prevention of Corruption, but they are not covered by a separate block of authority. At the same time, it is substantiated that the ramification of the powers of the Ministry of Justice of Ukraine has caused the need to create a significant number of registers under its jurisdiction and subject to systematization according to common characteristics.
Key words: register, electronic register, The National Agency on Corruption Prevention, The Ministry of Justice of Ukraine, administration of registries.
JEL Classification: D70, D73
1. Introduction
Ukraine has chosen to focus on the digitalization of administrative processes, the implementation of a smart state and the formation of a developed system of electronic registries and databases. The work of electronic databases has become especially relevant in the conditions of partial isolation associated with the COVID-19 pandemic, the imposition of martial law and the consequences of escalation of military aggression by the Russian Federation. At present, more than 100 state registries of various kinds have
been created and secured, the functioning of which is accompanied by an extensive system of normative legal acts of various hierarchical levels.
In fact, the legal, organizational and financial aspects of the creation and operation of public electronic registries are regulated by the Law of Ukraine "On Public Electronic Registries" (On Public Electronic Registries, 2021). The state electronic registry is an information and communication system designed to ensure the collection, accumulation, protection, accounting, display, processing of registry
1 Verkhovna Rada of Ukraine, Ukraine E-mail: slavka3636@urk.net
ORCID: https://orcid.org/0000-0001-7321-1763
2 National University "Odessa Law Academy", Ukraine E-mail: yamaslova@gmail.com
ORCID: https://orcid.org/0000-0001-6725-7036
3 Odessa District Council;
Ukraine Charitable Movement Charitable Foundation, Ukraine (corresponding author)
E-mail: natalyodk2016@gmail.com
ORCID: https://orcid.org/0000-0001-8487-8440
data and provision of registry information. It is equally important that the administration of electronic registries should be based on a set of certain principles (e.g., interoperability; presumption of reliability of registered data and information; introduction of the most advanced and effective technical and technological measures to ensure maintenance of registries, etc.). At the same time, the legally enshrined obligation to ensure maintenance of state registers in electronic form, actualizes scientific research in the direction of changing the legal status of the holders of such registers, for example, the National Agency for the Prevention of Corruption, the Ministry of Justice of Ukraine.
Thus, the powers of registry holders include:
a) the power to ensure (e.g., ensuring the formation and/or implementation of state policy in the field of relevant registries; implementation of regulatory and legal regulation in the field of relevant registries);
b) control and supervisory powers (e.g., implementing and ensuring the use of technical and cryptographic information security measures in the maintenance of the registry; use of means and technologies to back up registry information and physical safety of its carriers; use of authentication means to verify the integrity of information entered into the registry and registered information transmitted through the Electronic Interaction System, as well as the identification of public registrars, creators and persons using registered information by special access).
However, the practical application of these powers is different, and a single model of their application in Ukraine has not yet been developed. The introduction of the position of deputy head of the relevant body for digital development, digital transformation and digitalization (CDTO) in ministries and other central government executive bodies is legislated, which will facilitate the formation of a unified approach (Some issues of activities of departments of digital development, digital transformation and digitalization of central and local executive authorities and deputy heads of central executive authorities, regional, Kyiv and Sevastopol city state administrations on digital development, digital transformation and digitalization, 2020). The above shows the importance of analyzing the practice of implementation of digital technologies by central government executive bodies to maintain electronic registers.
2. Theoretical and legal foundations of the administration of state electronic registers
At the same time, with a significant number of normative and legal acts, it should be noted the lack of a unified approach of the legislator with regard to the use of the conceptual apparatus and disclosure
of the essence of the main legal categories used in the researched area, that is explained by the fact that such legislation acts were adopted at different period of times and were not always adapted to the newly adopted ones. In particular, at the legislative level it is common to use the terms: "register", "cadaster", "electronic register", "public electronic register", "state register", "unified register" and others. In order to better understand the chosen topic, it is necessary to conduct research and a comparative analysis of specific legal categories. For example, the official web-portal of the Parliament of Ukraine in the section "Legislation of Ukraine" contains more than 50 interpretations of the category "register", which mainly regarding narrow areas, are regulated by special legislation and have not general meaning (in particular, "register" is considered as the State Register of configurations of semiconductor products of Ukraine, which is maintained in electronic form (On protection of rights for configurations of semiconductor products, 1997) or as a system for collecting, accumulating and processing information (On approval of the Regulations on the register of state corporate rights, 1999); "state register" is considered as an electronic database, which contains specific information (On approval of the Order of maintaining the State register of publishers, producers and distributors of publishing production, 2017); "public electronic register (register, cadaster, etc.)" is considered as an information and communication system aimed at ensuring the collection, accumulation, protection, accounting, displaying, processing of register data and the provision of register information (On Public Electronic Registries, 2021). That is, in this case, the legislator distinguishes such definitions as "cadastre", "registry", "state electronic registry", calling them for short - "registry". At the same time, no attention is paid to such essential characteristics as publicity, statehood and electronic nature, which in this case are the main ones when interpreting the term "public electronic registry". Taking into account the above, the term should be supplemented with these essential characteristics.
In addition, we believe that "cadastre" and "registry" are not identical concepts, since the term "cadastre" is mainly used in the land legislation, water and construction sectors (in particular, the Urban Planning Cadastre of Ukraine, State Water Cadastre, State Land Cadastre), while the term "registry" is a more general category that has a number of characteristic functional features.
The term "registry" should not be equated with categories such as "database", "notices", etc. The above is justified by the fact that the "register" is a much broader category, it is an automated unified information system that contains information about the relevant category of subjects and other official data, the order of formation and maintenance of which
is regulated by a legal act, with a clear definition of the holder and administrator, access procedures and other operational issues. Registries, as a rule, have a unique complex internal organizational and technical structure and may consist of modules or subsystems. For example, the Unified Register of convicts and persons in custody, which is an information system, contains information about convicts, persons in custody, and structurally consists of: 1) subsystems (in particular, "Register of registration cards", "Register of registration cases", "Notification", "Pre-trial probation", "Supervisory probation", "Penitentiary probation"; "Register of medical cards", "CASANDRA"; "Providing information on request") and 2) modules (in particular, information-analytical module of registration of convicts and detainees; electronic services of case management of probation subjects, etc.) (The procedure for forming and maintaining the Unified Register of Convicts and Detainees, 2018).
Often there are names of registries with a specific use of the words "state" or "electronic" (in particular, State Agrarian Register, State Register of Transactions, State Register of Geographic Names, State Register of Immovable Monuments of Ukraine, Electronic Register of Licenses for Currency Transactions and Persons Granted Licenses for Currency Transactions, etc.).
As for the concept of "administration of public electronic registries", it is not defined at the legislative level. Considering the above-mentioned, we propose to supplement Art. 2 of the Law of Ukraine "On Public Electronic Registries" by another paragraph in the following edition: "administration of public electronic registries - is a set of measures for the creation, implementation, maintenance, information and technical service, modernization of public electronic registries, which operation is provided by legislation acts".
An important aspect in analyzing the theoretical and legal foundations of the administration of state electronic registries is also to identify the basic principles on which these registries function (in particular: unity of methodology; compulsory registration; singularity of registration; continuity of information entry; compatibility of registries; technological neutrality; guarantee of objectivity; relevance, reliability, completeness and security; presumption of reliability; openness, free and accessible; rule of law; binding information; protection of personal and other registry data; guarantee of free access; guarantee of restoration of violated rights; registration and logging of actions in the registry; implementation of perfect and effective measures; provision of retrospective access; indefinite storage of registry data; balance of interests; compliance with the state policy of digital development) (On Public Electronic Registries, 2021).
In addition to mentioned principles, special attention should be paid to those ones that ensure the formation of foundations for the prevention of corruption violations, which include: the principle of ensuring the creation of conditions for prosecution for violations regarding to the administration of public electronic registries, which consists primarily in defining in job descriptions a clear list of competencies for the administration of public electronic registries, consolidation of powers for specific officials, the ability to identify the official who performs actions with the register data (including any abuse and violations), ensuring continuous monitoring; the principle of data synchronization and planning, which consists primarily in that the development of registries should provide a function of synchronization of register data, which will allow to quickly enter and receive complete information about persons or objects (including persons responsible for administration); the principle of preventing unauthorized changes and deletion of registration data, etc.
To summarize, it is concluded that the main areas of human life and areas of interest are accompanied by various registries, from which people can quickly and remotely obtain the necessary information. At the same time, the functioning of registries contributes to the fight against corruption and simplifies the procedure for obtaining the necessary data. Further research is needed to study the implementation of the procedure for automating administrative decisions, which is a component of e-government. This experience has already been successfully applied in Estonia, where there are more than 13 programs in which artificial intelligence has replaced human resources. For example, the e-residency program, which provides free access to government services. Artificial intelligence also controls the granting of subsidies to farmers by analyzing the use of previously granted benefits with the help of satellite images. In addition, the implemented artificial intelligence algorithm scans the resumes of employees who have been dismissed in order to facilitate the search for a new job (UA.NEWS, 2019).
3. Administration of electronic registers administered by the Ministry ofJustice of Ukraine
The Ministry of Justice of Ukraine (hereinafter -The Ministry of Justice) is a central state executive body and the main body among the central executive authorities responsible for the implementation of state law policy, on bankruptcy and notaries sphere; enforcement of court judgements and decisions by other authorities; state registration of civil status acts, material rights to immovable property and their
encumbrances; state registration of encumbrances over movable property; state registration of legal entities, public formations without legal personality status and individuals-entrepreneurs; registration of the Statute of the territorial community of the city of Kyiv; registration of the statutes of the National Academy of Sciences and national specialized academies of sciences; registration of print media and news agencies as subjects of information activity; in the field of execution of criminal punishments and probation; on the detention of prisoners of war; in the field of legal education of the population; ensures the formation of state policy in the field of archives and record keeping and the creation and operation of the state system of insurance fund of the documentation. At the same time, the Ministry of Justice has the status of a state body on bankruptcy and a body authorized to ensure inspection under the Law of Ukraine "On purification of Government" (On approval of the Regulations on the Ministry of Justice of Ukraine, 2014).
The diversification of the powers of the Ministry of Justice required the creation and further administration of a significant number of registries under the jurisdiction of the Ministry, which for convenience can be classified according to specialization and areas of activity into: 1) those which operation is related to ensuring of normative activity (in particular, the Unified State Register of Normative and Legal Acts); 2) those which operation is related to notaries sphere (in particular, the Unified Register of special forms of notarial documents; the Unified Register of Notaries of Ukraine; the Hereditary register; the Unified Register of Powers of Attorney, the Register of Special Forms of Documents of the Information System of the Ministry of Justice of Ukraine); 3) those which operation is related to ensuring of property and non-property rights (in particular, the State Register of Civil Status Acts of citizens; the State Register of Material Rights to Immovable Property, the State Register of Encumbrances over Movable Property);
4) those which operation is related to activities of civil society institutions (in particular, the Unified Register of Public Formations, the Unified State Register of Legal Entities, individuals-entrepreneurs and Public Formations; the Register of Public Associations);
5) those which operation is related to court examinations (in particular, the Register of Certified Court Experts, the Register of Methods of Conducting Court Examinations); 5) those which operation is related to accounting, display, search and systematization of information on subjects are serving and/or have served a sentence or are in penitentiary institutions under investigation (in particular, the Unified Register of Convicts and Detainees); 6) those which operation is related to bankruptcy proceeding (in particular, the Unified Register of enterprises in respect of which
bankruptcy proceedings have been instituted); 7) those which operation is related to media activity (in particular, the Unified State Register of print media and news agencies as subjects of information activity (Official site of the Ministry ofJustice of Ukraine, 2022).
As to the specifics of maintenance of the above registers, it is mediated by the legal status of the Ministry of Justice as a whole. Thus, the holders of specific state registers are territorial bodies of the Ministry of Justice (for example, the State Executive Service of Ukraine on the Unified State Register of Enforcement Proceedings). At the same time, such registers are characterized by a number of characteristic features, the main of which include: legal regulation of the order of creation and functioning; being at the departmental disposal and management of the subject falls under the competence of the Ministry of Justice; regulation of issues within the direct competence of the Ministry of Justice. With regard to such features as public nature and electronic maintenance of registries, in this case it would be appropriate to point to the Law of Ukraine "On Public Electronic Registries", which provisions constitute that the maintenance of registries, which allow public authorities to collect, process and disseminate official information about the registries objects specified by laws, is carried out electronically in accordance with the legally established requirements, according to which they are created and named as public electronic registries (On Public Electronic Registries, 2021).
Improvement of the Ministry of Justice's activity on the administration of registries have been actualized with the recommendations of the Fifth Report from the Commission to the European Parliament and the Council on the Implementation by Ukraine of the Action Plan on Visa Liberalization (VLAP) (VisaFree Dialogue between Ukraine and the EU. Action Plan on Visa Liberalization, 2010) for Ukraine with regard to improve the identification system and Art. 18 of the Law of Ukraine "On administrative services" (On administrative services, 2012). Thus, the proposals of the Ministry of Justice concerning the system of identification of identity and the functioning of state and unified registries were supported. Among the proposals supported by the government was the need to develop a single optimal structural and functional model of identity identification using state registers and other information databases under the jurisdiction of the Ministry of Justice, with the definition of its administrator - the newly created State Enterprise "National Information Systems" (hereinafter - SE "NAIS"), whose organizational structure is represented by forms of the head enterprise and 22 regional branches. The main tasks of the SE "NAIS" include: technological support for the creation and maintenance of software; maintenance of automated systems of unified and state registers,
functioning in accordance with the orders of the Ministry of Justice and other electronic databases established by law; providing access to the registers of natural and legal persons, as well as storage and protection of information data (Official website of State Enterprise "National Information Systems", 2022).
The main purpose of such actions is to standardize the existing state registries and databases, as well as to take organizational and legal measures aimed at unconditional compliance with the requirements of the legislation in terms of full acquisition of intellectual property rights to software products that ensure the functioning of state and unified registries by the state (Some issues of improving the personal identification system and the operation of state and unified registries, 2015).
The official website of the SE "NAIS" contains information about unified state registries; contract forms; information from open data; normative legal acts regulating the order and principles of creation, functioning and termination of registries. The list of information to disclosure in the form of open data, managed by the Ministry of Justice of Ukraine, is determined at the departmental order level (On approval of the List of information to disclosure in the form of open data, managed by the Ministry of Justice of Ukraine, 2016). The list of such information includes disclosure of the register of data sets kept by the Ministry of Justice of Ukraine. A separate subsection is devoted to the normative regulation of the names of registers and their list, determination of the person responsible for the disclosure of data registers of structural subdivisions, the frequency of updating, etc. In addition to state registries, this list also includes "information, data and notifications to disclosure in the form of open data managed by the Ministry of Justice of Ukraine". These are notices of auction and other information about the sale of confiscated and seized property and their results, about the property for gratuitous transfer; data from the central database of the system of electronic auctions of seized property, etc.
It is important to note that in order to protect information under martial law, the Ministry of Justice of Ukraine has partially suspended the disclosure of information in the form of open data, managed by the Ministry of Justice of Ukraine (On the suspension of disclosure of information in the form of open data, managed by the Ministry of Justice of Ukraine, 2022). First of all, it is about the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations.
Thus, the improvement of the activities of each of the registers administered by the Ministry of Justice consists in creating the possibility of a single entrance to the information and telecommunications system, the structural elements of which are individual
registers. At the same time, a condition for forming such a mechanism is the conversion of all registers of the Ministry of Justice and its territorial bodies into electronic form. These changes will unify and synchronize the existing state electronic registers and create a single information resource to reduce the time of information search, saving material and technical resources, compliance with the ideas of human-centrism and digitalization in the practice of state executive authorities.
4. Administration of electronic registries held by the National Agency on Corruption Prevention
Structurally, the National Agency on Corruption Prevention (hereinafter - NACP) has established a structural unit responsible for the implementation of digital technologies in anti-corruption institutions, including the administration of electronic registries -the Department of Digital Transformation and Innovation Development (On approval of the Regulations on the Department of Digital Transformation and Innovative Development, 2020).
Currently, the NACP registries are not part of the basic group, which means that they are not subject to the relevant requirements for the operation of an electronic registry. That is, anti-corruption registries are not required to be electronic. The registries held by the NACP - anti-corruption registries include: Unified State Register of Declarations of Persons Authorized to Perform the Functions of the State or Local Government, Unified State Register of Persons that Committed Corruption or Corruption-Related Offenses and Unified State Register of Financial Reports of Political Parties. At the same time, administration of the first two registries is expressly provided for by paragraph 9 of item 1 of Art. 11 of the Law of Ukraine "On Prevention of Corruption" (2014).
However, the formation and maintenance of the Unified State Register of financial statements of political parties is not directly provided as the authority of NACP, but is a way of state control over compliance with legislative restrictions on the financing of political parties, legitimate and targeted use of political party funds allocated from the state budget to finance their statutory activities, timely submission of party reports on property, income, expenses and financial obligations.
In parallel, the NACP is defined as an authorized power entity that should provide public access to anti-corruption registries (On datasets to be disclosed in the form of open data, 2015). In particular, the NACP is the administrator of public information, which must download datasets in the form of open datasets, which must be published in the form of open data, and is legally responsible for the accuracy and
relevance of published datasets. Consider separately the transformation of the NACP's approach to the administration of each anti-corruption registries.
Unified State Register of Declarations of Persons Authorized to Perform the Functions of the State or Local Government (hereinafter - the Register of AntiCorruption Declarations) was introduced as a result of legislative consolidation in the relevant legislation of requirement for electronic declaration by entering information on the NACP's website. Meaningful Unified State Register of Declarations consisted of two parts: public (posted on the official website of the NACP) and confidential (not posted on the official website of the NACP, is confidential) (Unified State Register of Declarations of Persons Authorized to Perform the Functions of the State or Local Government, 2016). System of submission and publication of declarations of persons authorized to perform the functions of the state or local government, began to operate in two stages (the first stage - from 00 hours 00 minutes on September 1, 2016 for: annual declarations for 2015 of officials who, as of September 1, 2016, hold a responsible and especially responsible position for 60 calendar days; declarations of persons, who terminate the activities with regard to performance of state or local self-government functions, who terminate their activities from September 1, 2016 or later, and as of the day of such termination occupy a responsible and especially responsible position; the second stage - from 00 hours 00 minutes on January 1, 2017 for all other declaration subjects and declarations (notifications) provided by the legislation of Ukraine (About the start of the system of submission and publication of declarations of persons authorized to perform the functions of the state or local government, 2016).
Problems with the use of the Unified State Register of Declarations were the lack of automatic completion of information contained in the databases and registries of other public authorities, as well as the lack of a unified information system for the integration of web portals with the system of electronic identification and authentication (Reva, 2020).
In 2021, the conceptual framework for the administration of Unified State Register of Declarations (or Register of Anti-Corruption Declarations) was updated (Procedure for forming, maintaining and publishing (providing) information of Unified State Register of Declarations of Persons Authorized to Perform the Functions of the State or Local Government, 2021). In fact, this means the beginning of the application of distributed data registry technology - "Blockchain". Accordingly, each document entered in the Unified State Register of Declarations is automatically assigned a unique identifier and electronically sealed, which makes it impossible for unauthorized changes to be made to
the submitted document (ensures the integrity of the document). Submission of documents to the system is confirmed by sending a message to the email address of the declaration subject specified in the personal electronic cabinet and to the personal electronic cabinet of the declaration subject. From then on, the data of documents entered into the registry is stored in a structured form, as well as in a form that is convenient for visual perception, in particular in HTML format. Among the main changes, it should be noted that after opening any declaration, it is possible to view other documents of the subject of the declaration without additional search. At the same time, the work with qualified electronic signatures is simplified, as the subject of the declaration is given the opportunity to fill out documents from various devices and QES for inclusion in the Registry.
Therefore, the main characteristics of the administration of Unified State Register of Declarations are: is maintained in electronic form; users of anticorruption resource consist of: registered declaration subjects, NACP authorized employees, system administrators, who manage accounts, authorized persons of other state authorities, individuals and legal entities with regard to the public part; functionally, Register of Anti-Corruption Declarations is aimed at: creating, storing, submitting and reviewing electronic documents of the declaration subjects; user activity monitoring (exceptions are persons, who access the public part of Register); availability of user-friendly interfaces and services; mandatory electronic user identification; integration and exchange of data with information and telecommunication and also reference systems, registries, data banks, including those which contain information with restricted access, administrated by state or local authorities, etc.
Administration of Unified State Register of Financial Reports of Political Parties (hereinafter -"POLITDATA") is not expressly provided for as a NACP powers by the Law of Ukraine "On Prevention of Corruption". The use of information and telecommunication technologies in this field is due to the fact that:
1) the relevant legislation of the NAPC establishes an obligation of "...exercising state control over compliance with legal restrictions on the financing of political parties, legal and targeted use of political parties' funds allocated from the state budget to finance their statutory activities, timeliness of submission of party reports on property, income, expenses and financial obligations, reports on the receipt and use of election funds in national and local elections, reports on the receipt and use of campaign fund for the initiative to hold a national referendum, reports on receipt and use of the national referendum fund, reports on receipt and use of
funds of the initiative group, completeness of such reports, report of external independent financial audit of parties, compliance with their requirements, accuracy of included information" (par. 8-1 Art. 11 the Law of Ukraine "On Prevention of Corruption") (On Prevention of Corruption, 2014);
2) The Law of Ukraine "On Political Parties in Ukraine" (2001), among the obligations of political parties, is highlighted - quarterly, no later than forty days after the end of the reporting quarter, submission to the NACP report on property, income, expenses and financial obligations (including its local organizations, which in compliance with the established procedure have acquired the status of a legal entity) by filling in on the official website of the National Agency on Corruption Prevention (Article 17);
3) political parties' reports on property, income, expenses and financial obligations are determined as public information which is subject to disclosure;
4) tendencies to intensify the use of modern technologies by state authorities affected all aspects of NACP activities.
That is, "POLITDATA" is a portal developed by the NACP for the accumulation of financial data on political parties operating in Ukraine, which was created to simplify the submission of electronic reporting for political parties, as well as to ensure citizens' access to this information (Official site of Unified State Register of Financial Reports of Political Parties, 2022). Electronic system for submitting and disclosure of political parties' reports "POLITDATA" started functioning on May 11, 2021 (About acceptance in constant (industrial) operation of information and telecommunication system "Unified State Register of Financial Reports of Political Parties", 2021).
In this way, administration of "POLITDATA" NACP allows to simultaneously create, store, submit and view reports and annexes thereto, other electronic documents; protect data (including personal) from unauthorized access, destruction, alteration and blocking of access to them through the implementation of organizational and technical measures, by introducing means and methods of technical protection of information, as well as integrate and exchange data with information and telecommunications and also reference systems, registries, data banks, including those which contain information with restricted access, administrated by state or local authorities, etc. (Procedure for forming, maintaining and publishing (providing) information of Unified State Register of Financial Reports of Political Parties, 2021).
The use of Unified State Register of Persons that Committed Corruption or Corruption-Related Offenses (hereinafter - the Register of Corruptors)
is provided by Art. 59 of the Law of Ukraine "On Prevention of Corruption" (2014). Accordingly, this Register contains both public information (for example, information about persons under criminal, administrative, disciplinary or civil prosecution for corruption or corruption-related offenses) and information with restricted access (for example, information about persons who are members of the bodies providing operational-search or intelligence or counter-intelligence activities, whose membership in these bodies constitutes a state secret, and who are prosecuted for committing corruption offenses). The procedure for maintaining of the Register of Corruptors was detailed in 2018 (On approval of the Regulations on Unified State Register of Persons that Committed Corruption or Corruption-Related Offenses, 2018) by stating that it is an electronic resource aimed at electronic fixation of information on corrupt officials.
Equally important in maintaining this Registry is the boundary between the public and private interests of individuals who may be included in data sets. In order to prevent the abuse of power and transparency of procedures, specific grounds for inclusion in the Registry of Corruption are established by law, namely in connection with the presence of an electronic copy of an effective court decision from the Unified Public Register of Court Decisions or a duly certified paper copy of a disciplinary sanction order.
Thus, electronic copies of judgments should be sent to the Registry of corruption by transferring them from the Unified Public Register of judgments using special software in the form of electronic files with an electronic digital signature. The specified transfer of electronic files is additionally provided by: protected telecommunication channels, uniqueness of electronic file names; maturity (files must be transferred no later than the next working day from the date of entering information into the Unified Public Register of Court Decisions) (Procedure for sending copies of court decisions on persons committed corruption or corruption-related offenses, and on legal entities to which criminal and legal measures applied for commission of a corruption act, 2018). In practice, the updated Register of Corrupt Officials with added integration with ProZorro allows state institutions to quickly find out if there is an institution participating in their tender in Register of Corrupt Officials. At the same time, private entities participating in tenders do not need to spend extra time on the formation of the appropriate certificate (Official NACP website, 2022).
One of the main problems in the functioning of anti-corruption registries is the risk of unauthorized access to data in the registry. Role models created to access the registry are not allocated to the necessary categories of users. This significantly complicates understanding of the scope and access to functionality
by certain categories of users, as well as creates inconsistencies with the list of users entitled to such access in accordance with the regulations. The most common cases of illegal access to registries are when the access key is stolen through phishing emails or staging its theft (Analysis of the current state of state electronic registries and assessment of potential corruption risks, 2021).
To summarize, the authors conclude that common to the functioning of anti-corruption registries is that they are electronic tools: by which the NACP performances its powers; that constitute the content of the NACP's separate powers with regard to operation of relevant anti-corruption registries, which means obligation of implementation and obligation for the quality of implementation. Other electronic tools have been used for comparison the activities of the National Agency on Corruption Prevention, which are a way to reflect the NACP's compliance with the principles of transparency and citizens' access to information, but they are not covered by separate powers block. Such electronic tools include, for example, "Knowledge Base" of the NACP, posted on the institution's official website, or "AntiCorruption Portal" of the NACP.
5. Conclusions
Thus, the improvement of the activities of each of the registers administered by the Ministry of Justice consists in creating the possibility of a single entrance to the information and telecommunications system, the structural elements of which are individual
References:
registers. At the same time, a condition for forming such a mechanism is the conversion of all registers of the Ministry of Justice and its territorial bodies into electronic form. These changes will unify and synchronize the existing state electronic registers and create a single information resource to reduce the time of information search, saving material and technical resources, compliance with the ideas of human-centrism and digitalization in the practice of state executive authorities.
The study highlighted the specifics of administration of electronic registries held by the National Agency on Corruption Prevention: Unified State Register of Declarations of Persons Authorized to Perform the Functions of the State or Local Government, Unified State Register of Persons that Committed Corruption or Corruption-Related Offenses and Unified State Register of Financial Reports of Political Parties. It was found that common to the functioning of anticorruption registries is that they are electronic tools:
a) by which the NACP performances its powers;
b) that constitute the content of the NACP's separate powers with regard to operation of relevant anticorruption registries, which means obligation of implementation and obligation for the quality of implementation. It is proposed to supplement Art. 2 of the Law of Ukraine "On Public Electronic Registries" by another paragraph in the following edition: "administration of public electronic registries - is a set of measures for the creation, implementation, maintenance, information and technical service, modernization of public electronic registries, which operation is provided by legislation acts. "
On Public Electronic Registries: Law of Ukraine dated 18.11.2021 № 1907-IX. Available at: https://zakon.rada.gov.ua/laws/show/1907-20#Text
Some issues of activity of departments on digital development, digital transformations and digitalization of central and local executive authorities and deputy heads of central executive authorities, regional, Kyiv and Sevastopol city state administrations on digital development, digital transformations and digitalization: Resolution of the Cabinet of Ministers of Ukraine dated 03.03.2020 № 194. Available at: https://zakon.rada.gov.ua/laws/show/194-2020-%D0%BF#Text
On approval of the Regulations on the Department of Digital Transformation and Innovative Development: Order of the National Agency on Corruption Prevention dated 23.10.2020 № 475/20. Available at: https://nazk.gov.ua/wp-content/uploads/2020/12/185-Polozhennya-pro-Viddil-nakaz.pdf
On Prevention of Corruption: Law of Ukraine dated 14.10.2014 № 1893-IX. Date of update: 09.12.2021. Available at: https://zakon.rada.gov.ua/laws/show/1700-18#Text
On datasets to be disclosed in the form of open data: Resolution of the Cabinet of Ministers of Ukraine dated 21.10.2015 № 835 (in the edition of 21.10.2015). Date of update: 23.11.2021. Available at: https://zakon.rada.gov.ua/laws/show/835-2015-%D0%BF/ed20151021#Text
On operation of Unified State Register of Declarations of Persons Authorized to Perform the Functions of the State or Local Government: Decision of the National Agency on Corruption Prevention dated 10.06.2016 № 3. Available at: https://zakon.rada.gov.ua/laws/show/z0959-16#Text
On the start of the system of submission and publication of declarations of persons authorized to perform the functions of the state or local government: Decision of the National Agency on Corruption Prevention dated 10.06.2016 № 2. Official Journal of Ukraine. 2016. № 55. Ar. 136.
Reva, Yu.O. (2020) . Anti-corruption declaration: theory, legal regulation, practice. Qualifying scientific research work on the rights of the manuscript. Dissertation for the degree of Doctor of Philosophy in specialty 081 - Law. National University "Odesa Law Academy", Odesa.
Procedure for forming, maintaining and publishing (providing) information of Unified State Register of Declarations of Persons Authorized to Perform the Functions of the State or Local Government: Order of the National Agency on Corruption Prevention dated 29.07.2021 № 448/21. Available at: https://zakon.rada.gov.ua/ laws/show/z0986-21#Text
On Political Parties in Ukraine: Law of Ukraine dated 05.04.2001 № 2365. Date of update: 24.11.2021. Available at: https://zakon.rada.gov.ua/laws/show/2365-14#Text
Official site of Unified State Register of Financial Reports of Political Parties. Available at: https://politdata.nazk.gov.ua/#/
On acceptance in constant (industrial) operation of information and telecommunication system "Unified State Register of Financial Reports of Political Parties": Order of the National Agency on Corruption Prevention dated 07.05.2021 № 252/21. Available at: https://zakon.rada.gov.ua/rada/show/v252_884-21#Text Procedure for forming, maintaining and publishing (providing) information of Unified State Register of Financial Reports of Political Parties: Order of the National Agency on Corruption Prevention dated 19.02.2021 № 102/21. Available at: https://zakon.rada.gov.ua/laws/show/z0508-21#n4
On approval of the Regulations on Unified State Register of Persons that Committed Corruption or Corruption-Related Offenses: Order of the National Agency on Corruption Prevention dated 09.02.2018 № 166. Date of update: 28.02.2020. Available at: https://zakon.rada.gov.ua/laws/show/z0345-18#n13
Procedure for sending copies of court decisions on persons committed corruption or corruption-related offenses, and on legal entities to which criminal and legal measures applied for commission of a corruption act: Order of the National Agency on Corruption Prevention and State Judicial Administration dated 10.04.2018 № 167. Available at: https://nazk.gov.ua/wp-content/uploads/2020/10/NAK_167_54_18copy.pdf Official website of the National Agency on Corruption Prevention. Available at: https://wiki.nazk.gov.ua/ category/reyestr-koruptsioneriv/
Analysis of the current state of state electronic registries and assessment of potential corruption risks. NGO "Office of Effective Regulation" within the USAlD / UK aid project 02 "Transparency and Accountability in Public Administration and Services / TAPAS", implemented by the Eurasia Foundation, and with the assistance of the Ministry of Digital Transformation of Ukraine. 2021. Available at: https://wiki.nazk.gov.ua/ wp-content/uploads/2021/09/Zvit_Analiz-potochnogo-stanu-reestriv-_UA.pdf
On protection of rights for configurations of semiconductor products: Law of Ukraine dated 05.11.1997 № 621/97-BP. Available at: https://zakon.rada.gov.ua/laws/show/621/97-Bp/ed20190926#Text
On approval of the Regulations on the register of state corporate rights: Order of the National Agency of Ukraine for State Corporate Rights Management dated 14.05.1999 № 72. Available at: https://zakon.rada.gov.ua/ laws/show/z0335-99/ed19990527/find?text=%D0%E5%BA%F1%F2%F0#Text
On approval of the Order of maintaining the State register of publishers, producers and distributors of publishing production: Resolution of the Cabinet of Ministers of Ukraine dated 10.03.2017 p. № 135. Available at: https://zakon.rada.gov.ua/laws/show/135-2017-n/ed20170310#n13
The procedure for forming and maintaining the Unified Register of Convicts and Detainees: Order of the Ministry of Justice of Ukraine dated 26.06.2018 № 2023/5. Available at: https://zakon.rada.gov.ua/laws/show/ z0762-18#Text
In Estonia judges will be replaced by artificial intelligence. UA.NEWS. 26.03.2019. Available at: https://ua.news/ ua/v-estoniyi-suddiv-zaminyat-shtuchnym-intelektom/?fbclid=IwAR1q6UUJmd8YTpUGrNUhv9eGdzX53qM qthvXVM3_vCr2HeGARm1Try9yQcA
On approval of the Regulations on the Ministry of Justice of Ukraine: Resolution of the Cabinet of Ministers of Ukraine dated 02.07.2014 № 228. Available at: https://zakon.rada.gov.ua/laws/show/228-2014-n#Text Official site of the Ministry ofJustice of Ukraine. Available at: https://minjust.gov.ua/rn/str_22253
Visa-Free Dialogue between Ukraine and the EU. Action Plan on Visa Liberalisation: The European Union, Ukraine dated 22.11.2010. Available at: https://zakon.rada.gov.ua/laws/show/984_001#Text
On administrative services: Law of Ukraine dated 06.09.2012 № 5203-VI. Available at: https://zakon.rada.gov.ua/ laws/show/5203-17#n197
Official website of State Enterprise "National Information Systems". Available at: https://nais.gov.ua/registries Some issues of improving the personal identification system and the operation of state and unified registries: Resolution of the Cabinet of Ministers of Ukraine dated 05.06.2015 № 628-p. Available at: https://zakon.rada.gov.ua/laws/show/628-2015-p#Text
On approval of the List of information to disclosure in the form of open data, managed by the Ministry ofJustice of Ukraine: Order of the Ministry of Justice of Ukraine dated 28.03.2016 № 897/5. Available at: https://zakon.rada.gov.ua/laws/show/v897_323-16#Text
On the suspension of disclosure of information in the form of open data, managed by the Ministry of Justice of Ukraine: Order of the Ministry of Justice of Ukraine dated 13.04.2022 № 1462/5. Available at: https://minjust.gov.ua/n/22649
