Experience of economically developed countries in the sphere of
independent state financial control testifies, that as market economy
develops and its social orientation increases, control-financial functions of
the state become even more important, and the state bears even more
responsibility regarding protection of citizens' rights.
Democratic countries of the world acknowledge, that independent
state financial control - is one the most important functions of state
government, aimed at exposure of deviations from accepted standards of law,
expediency and efficiency of resource management, and in case of detection of
such deviations - at timely implementation of appropriate adjustments and
preventive measures.
New social-economic and political conditions resulted in
creation of the state control body of the new type - the Accounting Chamber,
which performs its activity according to provisions of Lima Declaration of
guiding principles of financial control, accepted at the 9th
Congress of International Organization of Supreme Audit Institutions
(INTOSAI) in October of 1977. Declaration states the commonly accepted ideas,
that independent outer body of parliamentary budget-financial control is an
integral attribute of democratic society.
While checking efficiency of budget funds' implementation, the
Accounting Chamber implements system approach in organization of
control-analytical and expert means and follows the results of their
consideration. Conclusions and offers of the Accounting Chamber, first of
all, are aimed at elimination of drawbacks in budget process which result in
inefficient implementation of budget funds.
Results of control means, conducted by the Accounting Chamber,
testify about of frequent substitution of regulations of budget laws by by-law
standard acts, great amount of system violations in budget sphere. Particular
examples of illegal activity of budget funds' managers are present in the
materials of practically each inspection conducted by the Accounting Chamber,
they are also represented in information bulletins issued by the Chamber and
in regular reports for mass media.
Role of the Accounting Chamber as of the Supreme State Audit
Institution has the most important meaning for Ukraine in the process of
integration into world community.
Solving of issues that are in competence of the Accounting
Chamber requires close co-operation with international organizations INTOSAI,
EUROSAI and Supreme Audit Institutions, which are members of these
organizations, principally new approaches to planning and organization of
activity.
One of the main attribute characteristics of activity of the
Accounting Chamber is the principle of planning. Plan of work of the
Accounting Chamber is formed based on offers of main controllers-directors of
departments, deputies of Chairman and Chairman of the Accounting Chamber,
taking into consideration fulfillment of appeals of at least one third of the
constitutional staff of Verkhovna Rada of Ukraine, submitted according to
procedure established by the Order of the Verkhovna Rada of Ukraine, of
appeals and offers of the President of Ukraine, resolutions or protocol
instructions of the Verkhovna Rada of Ukraine, of appeals of committees of
the Verkhovna Rada of Ukraine and people's deputies of Ukraine, on which the
Verkhovna Rada of Ukraine is to make decision. Plan, approved by the Board of
the Accounting Chamber provides systematic and effective control of execution
of the State Budget of Ukraine, allocation of resources of target budget and
off-budget funds by amounts, structure and target use; legitimacy and
expediency of allocations; validity of normative-legal and administrative
acts of state government, which directly or indirectly influence execution of
state budget, state budget and off-budget funds; maintenance and recovery of
state debt.
Thorough selection of subjects of control measures, implemented
by the Accounting Chamber, is based on overall and detailed monitoring and
analysis of progress of the budget process as a whole and by separate
directions; social and economic processes; directions of allocation of budget
resources; changes of legislative and normative bases of budget fulfillment;
social value of issues, amounts of budget resources provided for this or
other issue, or the so called worth of an issue; expected results of
control-analytical measures.
Compared to the previous year, in 2003 the Accounting Chamber
did not experience any essential changes. 10 departments were responsible for
realization of tasks, set before the Accounting Chamber in the following main
directions:
Control of allocations for judicial power, defense, law
enforcement activity and state security (chief controller-director of the
Department - Nevidomyj V. I.);
Control of allocations for agricultural complex and production
infrastructure (chief controller-director of the Department - Ogorodnyk V.
S.);
Control of usage of resources of target budget and off-budget
funds (chief controller-director of the Department - Nemyrovskyj V. L.);
Control of allocations for social sphere and science (chief
controller-director of the Department - Flisak I. A.);
Control and analysis of budgets of Ukraine (chief
controller-director of the Department - Golovan M. M.);
Control of allocations for state government (chief
controller-director of the Department - Vitkovska L. V.);
Control of state debt and of activity of banking establishments
(chief controller-director of the Department - Ivanenko J. V.);
Control of compliance with legislation on budget issues (chief
controller-director of the Department - Pylypenko V. P.);
Control of allocations for industry and power engineering (chief
controller-director of the Department - Zipir A. P.);
Control over usage of state budget funds in regions (chief
controller-director of the Department - Takhtaj V. E.).
Analysis of Government Statement of execution of State Budget of
Ukraine for the year 2002, State Budget for the first quarter, 1st
half-year and 9 months of the year 2003 and expertise of the project of the
Law of Ukraine "About State Budget of Ukraine for the year 2004",
including in-depth analysis of formation of their income parts and state of
interbudget relationship;
Control of allocations of budget funds for social sphere and
science (objects to be audited in this direction were: Ministry of Labour and
Social Policy in Ukraine; Ministry of Health of Ukraine; Ministry of Science
and Education of Ukraine; Ministry of Culture and Arts of Ukraine; Ministry
of Agriculture of Ukraine; Ministry of Economy and of European Integration of
Ukraine; Ministry of Finance of Ukraine; State Treasury of Ukraine; State
Committee of Ukraine on Family and Youth Issues and institutions,
subordinated to the State Committee; State employment Center of the Ministry
of Labour and Social Policy in Ukraine; National Academy of Science of
Ukraine; Ukrainian Academy of Agricultural Sciences (UAAS); Institute of Hydraulic
Engineering and Melioration of the UAAS; Institute of Agricultural
Economy of the UAAS; Institutions of Higher Education of 3-4th
accreditation levels; Main Department of Labour and Social Security of Rivno
oblast state administration; oblast employment centers of Rivno,
Donetsk, Lugansk, Chernivtsi and Ivano-Frankivsk, republican employment
center of the Autonomous Republic of Crimea; Department of Capital
Construction Works, Financial Department and other structural departments of
Odessa city council; Industrial Association "Ukrprotez");
Control of usage of budget funds for financing of industry and
power engineering (Ministry of Industrial Policy of Ukraine; Ministry of Fuel
and Energy of Ukraine; State Energy-saving Committee of Ukraine; State
Militarized Rescue Service: Central Headquarters of the State Militarized
Rescue Service, operating and the first militarized rescue services);
Control of usage of budget funds for financing of agricultural
production and forestry (Ministry of Agricultural Policy of Ukraine; Ministry
of Ecology and Natural Resources of Ukraine; State Committee of Ukraine on
Land Resources; State Committee of Forestry of Ukraine; Zakarpattia, Lviv,
Ivano-Frankivsk and Chernivtsi oblast state administrations; Kyiv city
chief department of land resources; chief departments of agriculture and food
supply of Dnipropetrovs'k, Zhytomyr, Zaporizhia, Ivano-Frankivsk, Kyiv and
Odessa oblast state administrations; National Scientific Center
"Institute of Mechanization and Electrification of Agriculture"
UAAS);
Control of allocations for defense, law enforcement activity and
national security (Ministry of Defense of Ukraine (classified); Ministry of
Internal Affairs (MIA); Security Service of Ukraine; State Border Protection
Committee of Ukraine; State Customs Service of Ukraine; Department of
State Automobile Inspection of the Ministry of Internal Affairs of Ukraine;
Central Department of Domestic Military Forces (CDDMF) of the MIA of Ukraine;
Department of the Southern Territorial Command of the CDDMF of the MIA of
Ukraine; Department of Quarterage and of Capital Construction works of the
CDDMF of the MIA of Ukraine; Kyiv regional accommodation unit of the CDDMF of
the MIA of Ukraine; Kyiv regional customs service; Southern regional customs
service; Boryspil, Zakarpattia and Chop customs services;
economic-exploitational customs service; motor customs service; supply
customs service; Customs Academy);
Analysis and control of usage of state budget funds by executive
authorities for management of certain spheres of activity (Ministry of
Finance of Ukraine; State Treasury of Ukraine; State Property Fund of
Ukraine; State Committee of Ukraine on technical regulation and consumer
policy; State Committee on Securities and Fund Market of Ukraine; Ukrainian
Scientific Research Institute of Standardization, Certification and
Informatics; State Department of Veterinarian Medicine in Kyiv, Odessa, Lviv
and Kharkiv oblasts; Department of veterinarian medicine in Kyiv);
Control of usage of budget funds, provided for execution of
government works (Ministry of Science and Education of Ukraine;
Ministry of Economy and of European Integration of Ukraine; Ministry of
Ecology and Natural Resources of Ukraine);
Control of usage of budget funds, provided for execution of
environmental activities, liquidation of consequences of natural disasters
and emergency situations (Ministry of Ecology and Natural Resources of
Ukraine; Ministry of Ukraine on Emergency situations and people's protection
from consequences of Chernobyl disaster; Ministry of Agrarian Policy of
Ukraine; State Department - Administration of the alienation zone and of the
zone of unconditional (compulsory) resettlement; State Committee of Ukraine
on water industry; State Fund on Environment Protection; Republican Committee
on water industry of the Autonomous Republic of the Crimea; Republican
Committee of the Autonomous Republic of the Crimea on ecology and natural
resources in Sevastopol, Zaporizhia and Donetsk oblasts; State
Administrations of Kyiv, Lugansk, Zhytomyr, Kherson, Ternopil oblasts;
Control of usage of funds of the Reserve Funds of the State
Budget of Ukraine (Ministry of Agrarian Policy of Ukraine; State Committee of
Ukraine on Construction works and Architecture; State Administrations of
Poltava and Khmelnitsk oblasts; Central Department of Capital Construction of
Poltava city Executive Committee; Municipal enterprise "Kremenchuk town
department of capital construction"; Myrgorod town council; Institute of
Cardiovascular Surgery of the Academy of Medical Sciences of Ukraine);
Control of usage of budget funds for construction and
reconstruction of automobile roads of general use (Ministry of Transportation
of Ukraine; Public Service of automobile roads of Ukraine; OJSC SAC
"Automobile Roads of Ukraine");
Control of usage of budget funds for financing of measures aimed
at protection and preservation of historical and cultural heritage,
natural-reserve fund and other cultural measures (Ministry of Culture and
Arts of Ukraine; Ministry of Ecology and Natural Resources of Ukraine;
Ministry of Agrarian Policy of Ukraine; State Committee of Ukraine on
Construction works and Architecture; State Forestry Committee of Ukraine;
Public Service of Reserves; Ukrainian Academy of Agrarian Sciences;
Republican Forestry and Hunting Committee of the Autonomous Republic of
the Crimea; Shevchenko National Reserve (Kaniv); National Historical and
Cultural Reserve "Chygyryn"; National Historical and Cultural
Reserve "Kachanivka"; National Reserve "Davnij Galych";
National Reserve "Khersones Tavrijskyj"; National Reserve
"Sofia Kyivska"; State Historical and Architectural Reserve in the
town of Zbarazh; Kremenetsko-Pochojivskij State Historical and
Architectural Reserve; State Historical and Architectural Reserve
"Khotynska Fortetsia"(Khotyn Fortress); State Historical and
Architectural Reserve in the town of Berezhany; Yalta
Mountain-and-Forest Natural Reserve; Karpaty Biosphere Reserve; Biosphere
Reserve "Askania Nova"; Syrets Dendrology Park; O.V. Fomin
Botanical Garden of the Taras Shevchenko Kyiv National University; National
Circus of Ukraine (Kyiv); State Enterprise "State Circus Company of
Ukraine" (Kyiv); Kryvyj Rig State Circus; Donetsk State Circus;
Dnipropetrovs'k State Circus);
Analysis of provision, legality and efficiency of usage of
subventions and analysis of interbudget accounting (Ministry of Finance of
Ukraine; Ministry of Economy and of European Integration of Ukraine; Ministry
of Ukraine on Emergency situations and people's protection from consequences
of Chernobyl disaster; State Treasury of Ukraine; Ministry of Finance of the
Autonomous Republic of the Crimea; Ministry of the Autonomous Republic of the
Crimea; Ministry of Agricultural Complex of the Autonomous Republic of the
Crimea Republican Housing and Communal Service Committee of the Autonomous
Republic of the Crimea; Departments of the State Treasury in Kyiv, Zhytomyr,
Rivno, Dnipropetrovs'k, Volyn' and Vinnytsa oblasts; State Treasury
authorities in the Autonomous Republic of the Crimea; Central Department of
Capitla construction works in the Autonomous Republic of the Crimea; State
Administration of Kyiv oblast; State Administrations of Vasylkivsk and
Bilotserkovsk regions; Executive Committee's of Vasylkivsk and Bilotserkovsk
town councils;
Control of state-budget expenses for maintenance and paying off
of the state debt of Ukraine (Ministry of Finance of Ukraine; Ministry of
Fuel and Energy of Ukraine; State Treasury of Ukraine; State Tax
Administration of Ukraine);
Control of compliance with requirements of the Law of Ukraine
"On purchase of goods, works and services for state funds"
(Ministry of Economy and of European Integration of Ukraine; Ministry of Fuel
and Energy of Ukraine; State Committee of Informational Policy, Television
and Broadcasting of Ukraine; National TV Company of Ukraine; Kyiv State
Regional TV and Broadcasting Company);
Control of usage of budget funds for foreign-policy activity
(Ministry of Foreign Affairs; Diplomatic Academy of the Ministry of Foreign
Affairs of Ukraine; Embassy of Ukraine in the Republic of Byelorussia).
One of the main peculiarities of activity of the Accounting
Chamber in 2003 was intensification of penetration of modern methods of
efficiency audit into current, daily control and expert activities of the
Accounting Chamber. Practically on each control-analytical and expert measure
there were made concrete, principal, generalized conclusions regarding
efficiency, expediency, legality of managerial decisions, usage of budget
funds, system and mechanism of financing of one or another budget program and
of separate main persons in charge of budget funds.
Control over fulfillment of state budget and of budgets of state
off-budget funds within the common running three-year cycle, which combines
previous control of state budget project for the successive year, current
control of the immediate state budget fulfillment for the current year and
preparation of detailed conclusions on state budget fulfillment for the
previous year, in 2003 became more systematic, analytical and acquired more
defined forms.
Within the framework of realization of directions of activity of
the Accounting Chamber in 2003:
More attention was paid to development of assessment conclusions
of efficiency of acceptance and implementation of managerial decisions in
budget sphere;
Was introduced the practice of complex summarizing of results of
several control measures, which can be united by departmental direction of
budget funds' allocation or social and economic value of addressed issues;
Control over reaction of management of objects of control
measures of the Accounting Chamber for Conclusions of its Board was
intensified;
In compliance with the requirements of the Budget Code of
Ukraine, there was developed the form of provision by the Accounting Chamber
of conclusions on usage of funds of the State Budget of Ukraine to the
Verkhovna Rada of Ukraine;
The practice of generalization and analysis of system violations
and drawbacks in allocation of funds of the State Budget of Ukraine, target
budget and off-budget funds was continued;
Efficiency of co-operation between the Accounting Chamber and
Committees of the Verkhovna Rada of Ukraine regarding consideration and
reaction to results of control measures undertaken by the Accounting Chamber
was improved;
Work in the field of perfection of forms and methods of
information of the people about results of control-analytical and expert
measures performed by the Accounting Chamber was performed;
Relations with committees and working groups of INTOSAI and
EUROSAI, Supreme Audit Institutions of the countries, which are members of
the indicated organizations, were intensified and moved onto a qualitatively
new level.
According to the Article 9 of the Law of Ukraine "About the
Accounting Chamber", all the issues concerning organization of work of
the Accounting Chamber, planning, fulfillment of audit, analytical and expert
measures, methodology of audit, expert and analytical activity were
considered at the meetings of the Board of the Accounting Chamber, which was
formed on May 23rd of 1997 and its staff was being increased until
2000.
The Board composes of the Chairman of the Accounting Chamber,
two of his Deputies, Secretary of the Accounting Chamber and ten chief
controllers - directors of departments, approved of by the Verkhovna Rada of
Ukraine through secret voting.
Activity of the Accounting Chamber Board is performed according
to the Law of Ukraine "About the Accounting Chamber", standards of
the Budget Code of Ukraine, Regulations of the Accounting Chamber.
Organizational, off-schedule issues comprised 26 percent of the
total amount. Their consideration is caused by instructions from the
Verkhovna Rada of Ukraine and its Committees, and by introduction of changes
to the Plan of the Board activities and settlement of several other issues,
which require collective decision.
Based on the six-year experience of work, in 2003 the Board paid
most attention to consideration of issues, connected with:
development
of co-operation with foreign audit institutions and participation in
activities of working groups and structures of International (INTOSAI) and
European (EUROSAI) Organizations of Supreme Audit Institutions.
Authorities of the Accounting Chamber regarding analysis of the
budget process and provision of the common continued tree-year cycle of
control over execution of the state budget, specified by the standards of the
Budget Code of Ukraine, were fulfilled through performance of quarterly,
half-year and annual analyses of execution of the State Budget of Ukraine,
provision to the Verkhovna Rada of Ukraine of the Conclusions regarding
execution of the profitable part of the State Budget of Ukraine during tree
quarters, and expertise of the project of the Law of Ukraine "About
State Budget of Ukraine for the year 2004".
One of the main directions, which are always under survey of the
Accounting Chamber, is control of usage of budget funds for social needs¸
for taxpayer needs.
In particular, during the previous year the Board considered
issues of:
Provision of insulin to people with diabetes;
Provision of invalids with cars and other orthopedic products;
occupational safety and health, and improvement of safety in
coalmining industry;
execution of programs by the State Committee of Ukraine on
issues of family and youth;
provision of social services, material help to unemployed and
re-grouping of labour resources of Donbas;
provision of educational institutions with study books and
manuals;
sanatorium-and-spa treatment of invalids and veterans of war;
results of the analysis and inspection of legality and validity
of Government decisions regarding advance of wages to budget employees, and,
as the result, corresponding rise of state budget allocations for this
purpose in 2001-2002;
results of analysis and inspection of financial provision of
rise of wages in budget sphere in 2003 due to introduction of the new amount
of minimal wages;
construction of "Emergency Ambulance" and
"Fitness Center" in Odessa and compliance with legislation in the
process of its privatization.
Problems of agricultural complex and farmers' support were
considered by the Board based on the results of the analysis and inspection
of allocation of budget funds, assigned for:
Purchase of domestic agricultural equipment on conditions of
financial leasing and measures, connected with redemption of the indebtedness
for the equipment for the years 2000-2002;
partial reimbursement of the cost of complex equipment of
domestic production and development of samples of agricultural
equipment;
state support of farms for the year 2002;
reimbursement of losses to agricultural producers, suffered due
to natural disasters in March-April of 2002;
fulfillment of land reform, provision of official acts for the
right of private property for land and protection and rational usage of
lands.
The issues of state support and preservation of industrial
potential of the country are also under continuous monitoring of the
Accounting Chamber. These problems were considered by the Board based on the
results of inspection and analysis of allocation of state budget funds:
By the State Committee of Ukraine on energy-saving and
energy-saving measures between different branches of industry;
by the Ministry of Fuel and Energy of Ukraine for "Rescue
measures at coalmining enterprises";
for financial support of domestic producers of potassium
fertilizers;
for financial support of domestic engineering industry for
agricultural complex;
for state support of construction works at coal-, lignite- and
peat mining enterprises.
Issues concerning defensive capability of the country and
material support of The Armed Forces of Ukraine were discussed during
consideration of the Reports:
About results of inspection of usage of State Budget Funds of
Ukraine assigned to the Ministry of Defense of Ukraine for construction of
housing for military personnel and of funds, invested in 2002 into
construction of housing according to the Decree of the Cabinet of Ministers
of Ukraine as of 27.04.98 № 568;
About results of inspection of usage of State Budget Funds of
Ukraine assigned to the Ministry of Defense of Ukraine for reformation of the
Armed Forces of Ukraine in 2001-2002;
About results of inspection of usage of State Budget Funds of
Ukraine assigned to the State Border Defense Committee according to the
program "State Border Defense".
Continuous attention is being paid to problems of state debt,
usage and repayment of loans, received under state guarantees. It
concerns the reviewed and approved by the Board Statements of results of
inspections and analysis:
Reasons and financial consequences of reconstruction of external
debt liabilities of Ukraine before governing bodies of foreign countries -
members of the Paris Creditor Society;
State Budget expenses for service and repayment of state debt
and its management in 2002;
Results of implementation of the proposal of the Accounting
Chamber to control allocation of the IBRD loan, received under state
guarantee for realization of the Project of the electric energy market
development.
To the important control and analytical measures concerning national
problems can also be referred inspections of budget fund allocations:
Connected with construction and reconstruction of automobile
roads of national use, for the year 2002;
General and special Funds of the State Budget of Ukraine by the
Department of State Auto Inspection of the Ministry of Internal Affairs in
2002 for provision of safety of road traffic, registration of means of
transportation;
Assigned to the Ministry of Internal Affairs of Ukraine for
provision of protection of rights and liberties of the people, of the society
and of the country from illegal actions, for protection of public order, for
2002 and 1st quarter of 2003;
Allocation of State Budget funds of Ukraine for external
political activity in 2002 by the Ministry of External Affairs of Ukraine;
For fulfillment of complex measures of through development of
the Ukrainian language, planning and usage of State Budget funds for their
implementation;
For execution of tasks (projects) of the National
Informatization Program;
Results of audit of efficiency of management of the Carpathian
region forest resources.
A separate direction of the Board activity was devoted to
analysis and control of issues, dealing with efficient usage of budget
funds by central executive authorities and National Bank of Ukraine, which
resulted in consideration of Statements:
About results of analysis of usage state budget funds by
executive power authorities;
About results of analysis of legal and administrative provision
of stock market performance and inspection of usage of State Budget funds by
the State Securities and Stock Market Committee of Ukraine;
On compliance with current legislation while creation and
functioning of state (national) joint stock and holding companies;
About results of inspection of the expense estimates of the
National Bank of Ukraine;
About results of inspection of usage of State Budget funds,
assigned for provision of functional activity of the State Customs Service of
Ukraine.
The Board considered a set of Statements, devoted to inter-relations
between the State Budget of Ukraine and local budgets, in particular:
About results of inspection of state of provision and usage of
subventions the State Budget of Ukraine for social and economical development
of the town of Sevastopol in 2001 and 2002;
About results of analysis of formation, transmission and usage
of subventions from the state budget to local budgets, provided by paragraphs
4, 5 of the Law of Ukraine "About the State Budget of Ukraine for the
year 2002";
About results of inspection of usage of state budget funds and
analysis of interdepartmental accounting in Kyiv oblast;
About results of analysis of formation and usage of subventions
form the state budget to local budgets for provision of privileges to
citizens, who suffered because of Chernobyl disaster, provided for by
paragraph 10 of the Article 40 of the Law of Ukraine "About the State
Budget of Ukraine for the year 2003";
About results of inspection of provision, legality and
efficiency of usage of subventions from the state budget for execution of
investment projects, aimed at development of social infrastructure of the
Autonomous Republic of the Crimea in 2003.
In general during 2003 control-analytical measures of the
Accounting Chamber covered all oblasts of Ukraine.
Separately there was performed control of compliance with
requirements of the Law of Ukraine "About purchase of goods, works and
services for state funds" by chief allocators of budget funds. These
issues were considered in Statements:
About results of inspection of compliance with requirements of
current legislation in 2002 by the Ministry of Economy and of European
Integration of Ukraine while negotiation implementation of, other than
tenders, procedures of purchase of goods, works and services for state funds;
About results of inspection and analysis of compliance with
requirements with requirements of the Law of Ukraine "About purchase of
goods, works and services for state funds" by the State Committee of
Ukraine on information policy, television and broadcasting, and
TV-broadcasting companies within its sphere of management in 2002;
About results of inspection of the state of normative-legal
regulation, legality of formation and usage of resources of the special fund
of the State Budget of Ukraine in the Ministry of Justice of Ukraine,
compliance with legislation about state purchases.
A lot of attention was paid by the Board to issues of normative-legal
regulation of the budget process. In 2003 they were addressed by the
"Statement about results of analysis of the normative-legal regulation
by the Cabinet of Ministers of Ukraine, Ministry of Finance of Ukraine, State
Treasury of Ukraine and other executive authorities, of the relations, which
appear in the process of execution of the State Budget of Ukraine".
Environment issues were discussed by the Board according
to the results of inspections of the following issues:
Allocation of budget funds in 2001-2002 for fulfillment of
measures of the National program of restoration of environment of the Azov
and Black seas;
Allocation of State Budget funds in 2002 for support of
ecologically safe state in the alienation zone and in the zone of
unconditional (obligatory) resettlement;
Allocation of state budget funds, assigned in 2002-2003 to
the State Committee of Water Industry for exploitation of state melioration
systems, for execution of programs of protection of settlements from damaging
influence of waters and anti-flood protection.
In the reported year the Board paid subjected attention to
allocation of state budget funds for preservation of cultural heritage. Results
of the following inspections were reviewed and verified:
Expediency and efficiency of usage of state budget funds in 2002
by the Ministry of Culture and Arts of Ukraine for measures, connected with
preservation of cultural heritage;
Usage of budget funds, assigned in 2002 to the State Committee
of Ukraine on Construction works and Architecture for objects of historical
and architectural heritage and reserves;
Usage of State Budget funds by institutions of natural reserve
fund in 2002.
There were inspected and analyzed creation and execution of the
following budgets:
Fund of Social Insurance from temporary loss of working ability;
Fund of Social Insurance from accidents at work and professional
illnesses.
Executing functions and authorities, assigned by the Law
of Ukraine "About the Accounting Chamber", there was performed
annual control of allocation of resources of the reserve fund of the
State Budget of Ukraine, execution of the budget of the National Bank
of Ukraine, Statements of the Antimonopoly Committee of
Ukraine and of the State Property Fund of Ukraine.
Primary attention was paid to planning of activities based on
prospective and current plans, created with consideration of all the types
and directions of its performance and particular assignments of the Verkhovna
Rada of Ukraine and its committees.
Off-plan control measures were conducted exclusively
according to decisions of the Board of the Accounting Chamber based on
resolutions and protocol instructions of the Verkhovna Rada of Ukraine,
appeals of its committees and requests from people's deputies of Ukraine,
according to which the Verkhovna Rada of Ukraine made decisions (hereafter -
appeals).
According to the Article 15 of the Law of Ukraine "About
the Accounting Chamber", meetings of the Board reviewed 5 appeals,
received in 2003 (14 percent of the total amount of instructions, which
required additional control and analytical measures).
Statement - is the result of a control and analytical
measure, which is proposed for consideration of the Board. Based on the
approved Statements, Conclusions of the Board of the Accounting Chamber are
being verified and proper information is being prepared.
Considering the total number of Statements, reviewed by the
Board (65) - 15 Statements, or 23 percent, were prepared based on appeals
(for comparison: in 2000 - 13 %, in 2001 - 17 %, in 2002 - 11 %).
Based on appeals there were performed 15 control and analytical
measures, 14 Statements and 1 information were reviewed (of them 11
Statements - addressing the 2002 year appeals):
- based on
the appeal of the Special Privatization Control Committee of the Verkhovna
Rada of Ukraine as of 26.11.2002 № 06-24/14-182 there has been prepared
"Information about results of inspection of usage of funds of the State
Budget of Ukraine for construction of "Emergency Ambulance" and
"Fitness Center" in the town of Odessa and compliance with the
legislation in the process of their privatization";
- based on
the appeal of the Chairman of the Verkhovna Rada of Ukraine as of
19.02.2003 № 01-3/97 - Statement of results of analysis and inspection of
creation and execution of the budget of the Fund of Social Insurance against
temporary loss of working ability in 2002;
- based on
the appeal of the people's deputy Movchan P. M. as of 18.03.2003 №
01-02/102, sent to the Accounting Chamber of Ukraine by the letter as of
19.03.2003 № 11/10-445, there was prepared the "Statement about results
of analysis of the state of execution of Complex measures on thorough
development of the Ukrainian language, planning and usage of funds of the
State Budget of Ukraine for their fulfillment";
- based on
the appeal of the Chairman of the Verkhovna Rada of Ukraine as of
15.11.2002 № 01-6/294 the Board reviewed the "Statement about results of
analysis of efficiency of management of state property and compliance with
the current legislation in the process of creation and activity of state
(national) joint stock and holding companies";
- the issue of
inspection of usage of funds of the state budget by the Ukrainian Academy of
Agrarian Sciences, which was places in the appeal of the people's deputies
of Ukraine, Masenko O. M., Tiagnybok O. J., Polishchuk M. E. and Rudkovskiy
M. M. as of 16.10.2003 was considered while preparation of
the "Statement about the results of inspection of planning and usage of
funds of the State Budget of Ukraine, assigned to the Ukrainian Academy
of Agrarian Sciences for science in 2002 and 9 months of 2003", which
was considered at the meeting of the Board in February of 2004;
- based on execution
of the Resolution of the Verkhovna Rada of Ukraine as of 21.11.2002 №
223-IY - "Statement of the results of inspection and analysis of usage
of funds of the state budget, assigned in 2002-2003 to the State Committee of
Water Industry for exploitation of state melioration systems, for execution
of programs of protection of settlements from damaging influence of waters
and anti-flood protection";
- based on
execution of the article 5 of the Resolution of the Verkhovna Rada of Ukraine
as of 12.09.2002 № 140-ІУ, the following three Statements were prepared:
"Statement of the results of inspection of expediency and
efficiency of usage of state budget funds in 2002 by the Ministry of Culture
and Arts of Ukraine for measures, connected with preservation of cultural
heritage";
"Statement of the results of inspection and analysis of
usage of budget funds, assigned in 2002 to the State Committee of Ukraine on
Construction works and Architecture for objects of historical and
architectural heritage and reserves";
"Statement of the results of inspection of usage of State
Budget funds by institutions of natural reserve fund in 2002";
- two Statements
were prepared based on execution of appeals of the people's deputies of
Ukraine, announced at the session:
G. Rudenko, as of 16.10.2002 № 11/10-115 -
"Statement of the results of inspection of usage of funds of the State
Budget of Ukraine, assigned for purchase of domestic agricultural equipment
on conditions of financial leasing of the National Joint Stock Company
"Ukragroleasing" and measures, connected with repayment of this
debt" ;
J. Lutsenko, as of 02.12.2002 № 11/9-66 - "Statement
of the results of inspection and analysis of usage of state budget funds,
assigned for partial reimbursement of the cost of complex domestic equipment
and development of samples of agricultural equipment";
- four
Statements were prepared based on execution of appeals of the Committees
of the Verkhovna Rada of Ukraine:
on budget issues as of 18.10.2002 № 06-9/9-287
- " Statement of the results of analysis of creation, transmission
and usage of subventions from the state budget to local budgets, provided for
by the Articles 4, 5 of the Law of Ukraine "About State Budget of
Ukraine for the year 2002";
on issues of finances and banking activity - "Statement
of the results of inspection and analysis of usage of funds of the State
Budget of Ukraine, assigned for state support of agriculture (farming) in
2002";
on issues of pensioners, veterans and invalids as of 24.09.2002
and of the people's deputy of Ukraine, M. Rodionov, as of 08.07.2002
- "Statement of the results of inspection of usage of state
budget funds in 2002, assigned for provision of invalids with cars and other
orthopedic products";
on issues of youth policy, physical culture and sports as
of 01.11.2002 № 06-5/13-386 - "Statement of the results of inspection of
usage of funds of the State Budget of Ukraine by the State Youth and Family
Committee of Ukraine";
- based on the appeal
of the Commissary of the Verkhovna Rada of Ukraine on People's Rights,
Kharpachova N. I. as of 21.05.2002. № 486/1182/343-01-35, the Board has
considered the "Statement of the results of inspection of usage of funds
of the State Budget of Ukraine in 2002 and the first quarter of 2003 by the
Ministry of Internal Affairs, assigned for provision of protection of rights
and freedoms of the people, of the society and of the country from illegal
acts, for protection of public order".
With the aim to provide the people's deputies of Ukraine with
results of control-analytical and expert activity of the Accounting Chamber,
based on the Statements' data there were prepared 23 information bulletins.
1.3.
Fulfillment of Main Objectives and Powers
The Accounting Chamber has fulfilled a total amount of 646
analytical and expert measures in 2003.
520 Reports, Conclusions, information lists and statements have
been prepared on their basis and sent to the Supreme Legislative and
Executive authorities, bodies, organizations and companies for provision of
the corresponding response, elimination of the revealed violations and faults
as well as for reimbursement of losses inflicted on the State budget of
Ukraine. 155 of the mentioned above documents have been sent to the Verkhovna
Rada of Ukraine, 12 - to Administration of President of Ukraine, 10 - to
people's deputies, 69 - to the Cabinet of Ministries of Ukraine, 10 - to the
Ministry of Finances of Ukraine, 36 - to the Prosecutor authorities and other
law enforcement bodies, 164 - to the ministries and departments, 64 - to
other bodies, organizations and companies.
The analytical and expert examinations fulfilled by departments
of the Accounting Chamber in the financial year have revealed, according to
the Articles 116 and 119 of the Budget codex of Ukraine, budget violations
(of illegal and no-target employment) as well as ineffective employment of
funds of the State budget of Ukraine and off-budget funds for the total
amount of 7 billions 198.7 million UAH. Illegal as well as no-target
employment of funds comprised 4 billions 389.7 million UAH, ineffective
employment - 2 billions 809 million UAH (see Chart 1).
Chart 1. The amount of budget violations and ineffective
employment of funds revealed by the Accounting Chamber

The structure of the revealed violations in employment of budget
funds (see Chart 2) provides evidences for the stable and effective activity
of the Accounting Chamber in the auditing of the effectiveness of employment
of State budget and off-budget funds, administrative decisions of the
Government, leaders of Branches, bodies, organizations and companies, which
have been the subjects of the audit.
Chart 2. Structure of the revealed violations in employment of
budget funds

Analysis of results of the control measures executed within 2003
testifies of the same budget violations from year to year and of the increase
of their amounts. By significance and amount the revealed violations can be
classified as follows:
Spending of budget funds for the purposes not provided by the
budget;
Long lasting withdrawal of the State budget funds to the
accounts receivable;
Illegal admission of business subjects' debts as a state debt;
Employment of State budget funds with violation of the Law of
Ukraine "About purchase of goods and services at the expense of the
State";
Illegal underdeclaration of the receipts and expenditures of the
State budget of Ukraine;
Illegal wages payment at the expense of the State budget funds;
Approval of illegal administrative decisions;
Overstated allocations and surplus budget funds as a result of
the unreasonable composition of budget assignments;
Spending of budget funds over limits approved for a certain
financial year;
Illegal assignment of funds from the reserve funds of the State
budget of Ukraine;
Illegal and irrational employment of the state property;
No-target employment of state budget funds provided for
execution of the state programs;
Underdeclaration in the accounting of the value of basic devices
and other inventory holdings;
Illegal underfinancing of the protected articles of the State
budget of Ukraine;
No-target employment of budget funds as a result of financing
of contracts, which are not subjects of the state programs;
Illegal performance of reciprocal accounting;
Illegal change of type of property, which has led to the
major losses of budget funds;
Illegal spending of budget funds from different budgets
simultaneously for financing of budget institutions;
Support of the organization of higher status at the expense
of funds assigned for support of subordinated institutions;
No-target employment of budget funds, assigned for the
current expenses;
Improper business;
Budget violations, connected with placement and fulfillment
of state order;
No-target employment of funds of the State budget of Ukraine,
assigned for restructuring of the coal industry;
Underpay to the budget as a result of financial and economic
activity of enterprises.
It can also be stated, that judging from the experience of
analytical measures, certain systematic types of ineffective employment of
budget funds have happened. The most significant types for the financial year
are the following:
Ineffective employment of budget funds as a result of
approval of groundless administrative decisions;
Ineffective spending of budget funds, connected with service
of the foreign loan untimely cancelled by the debtor;
Ineffective employment of funds of the State budget of
Ukraine by means of their prolonged retention without employment on registration
accounts of allocators of the budget funds;
Ineffective employment of budget funds as a result of payment
of interest on the credits and penalty provisions;
Ineffective employment of budget funds because of prolonged
disuse of financing from the State budget of Ukraine;
Ineffective employment of budget funds because of
participation in share construction works;
Ineffective employment of budget funds because of unregulated
order of employment of returned credits and interests by the debtor;
Ineffective employment of the funds of the State budget of
Ukraine because of the financing of measures, which are not of the first
priority;
Ineffective spending of state budget funds, connected with
attraction of foreign councils;
Ineffective employment of budget funds for the payment of
construction works at the objects, which exploitation is considered
inexpedient or the construction is terminated as having no future.
Spending of budget funds for the purposes, which are not
provided by the budget, is the most common way of budget violation. Total
amount of such violations for the financial year comprised 696.7 million UAH
(15.9 % from the total amount of illegally employed budget funds).
Thus, during examination of expenditures of the State budget
of Ukraine assigned for service and acquittance of the state debt and
its management in 2003, it has been established that in the absence of
budget assignments from the Ministry of Finances of Ukraine, determined by
the Laws of Ukraine about the State Budget of Ukraine for 2001-2002 for
fulfillment of secret decisions of the Government within this period there
has been spent budget funds for the purchase of Turkmenistan bills to pay
back public debt for the total amount of 622 million UAH (117 million
USD). Within these funds and regardless of the Part 4, Article 15 of
the Budget codex of Ukraine, despite the absence of agreement about the
restructure of the state debt of Ukraine towards Turkmenistan there have been
spent 145 million UAH (27.5 million USD) of the funds to service the state
debt.
The examination of employment of state budget funds, assigned
for fulfillment of the projects of National program of informatization
has revealed that the Ministry of Finances of Ukraine, State Treasury of
Ukraine and State Tax Administration of Ukraine, violating the second part of
the Article 24 of the Law of Ukraine "About national program of
informatization", stating that the amount of financing of NPI from the
State budget of Ukraine is determined by the Law of Ukraine about the State
budget of Ukraine for the next year and is stated in a separate paragraph,
have spent the funds not assigned for the projects of informatization, in
particular, instead of other budget programs, for the total amount of 25.4
million UAH.
State Committee of Ukraine in energy saving, violating the Laws
of Ukraine about the State budget 2001 and 2002, which have determined the
expenditures for performance of interdepartmental energy saving measures as
current, within 2001-2002 has accepted the works of the capital character for
the total amount of 7.9 million UAH. State Committee of Ukraine in energy
saving has spent 6.5 million UAH for no-target purposes, which mean purposes
not assigned by the budget, by the agreements on performance of the capital works
and without the control provided by the State Treasury of Ukraine. These
facts were revealed during performance of examination and analysis of target
employment of state budget funds, assigned in 2001-2002 to the State
Committee of Ukraine in energy saving for interdepartmental measures.
Wrong practice of retraction of state budget funds to
accounts receivable continues to exist for a long time. There have been
revealed violations for the total amount of 435.1 million UAH (9.9% of
illegal employment of budget funds).
Examination of the employment of state budget funds by the
internal troops of the Ministry of Internal Affairs has revealed that the
existing system of employment of investor funds (which are considered as
budget funds according to the current legislation) for the building
(purchasing) of houses for military personnel and members of their families
leads to the long lasting retraction of the funds (they are used by
subcontractors), which are considered as accounts receivable, and comprised 145.2
million UAH in 2002 and have been completely overdue.
Analysis of employment of state budget funds by the bodies of
executive power in 2002 testifies of the numerous violations of budget
legislation in employment of state budget funds at direction "Management
in a certain field". The amount of accounts receivable (advance
payments) as of 01.01.2003 comprised 25.3 million UAH, which is in conflict
with requirements of the Article 51 of the Budget codex of Ukraine (part of
the Article about the established order of expenditures, the order of payment
after receiving of goods and services.
The same violations have been revealed during performance of analysis
of fulfillment of Complex measures for comprehensive development of Ukrainian
language, planning and employment of State budget funds for their
implementation. Thus, violating the requirements of the order of the
Ministry of Finances of Ukraine "About the order of making agreements as
for the provision of services (fulfillment of works) and purchase of stocks
of materials and capital equipment from the agents of management, in case of
payment at the expense of the budget funds", State Committee of
Television and Radio of Ukraine has systematically diverted the budget funds
in accounts receivable for the amount of 6 million UAH for more than one
month, what is, practically, interest-free crediting of the enterprises.
State Treasury of Ukraine and the Ministry of Finances of
Ukraine have controlled insufficiently and considered partially the state of
debt in assignment of funds from the state budget to local budgets for
provision of benefits and subventions to population. As a result, a number of
districts for a long time had the accounts receivable with organizations,
which sell liquefied natural gas and solid fuel. Thus, the analysis of
formation, transfer and use of subventions from the state budget to
local budgets, stated in the paragraphs 4,5 of the Article 34 of the Law of
Ukraine "About the State budget 2002" has revealed that in 2002
such kind of debt just for Ivano-Frankivsk and Chernivtsi districts comprised
1.8 million UAH and 0.9 million UAH correspondingly.
Employment of State budget funds with violation of the Law of
Ukraine "About purchase of goods and services at the expense of the
state funds" is still one of the most common budget violations. In
2003 the mentioned above violations have been revealed during the majority of
the control measures. The total amount of the revealed violations comprised
423.7 million UAH (9.7% of the total amount of illegally employed budget
funds).
Thus, the examination of adherence to the requirements of the
current legislation as for the agreement of separate procedures of purchase
of goods and services at the expense of the state budget funds by the
Ministry of Economy and European integration of Ukraine has revealed the
insufficient activity of the Ministry as authorized body of the executive
power in purchase of goods and services at the expense of state funds.
According to the results of examination of 527 materials, in 2002 the
Ministry of Economy of Ukraine, as an authorized body, has given 103 letters
of agreement for the total amount of 220.3 million UAH with violation of the
current legislation, in particular of the paragraph 2 of the Article 1
of the Law of Ukraine "About purchase of goods and services at the
expense of state funds" (in the paragraph concerning determination of
subjects, who can be contractors), of the part 2 of the Article 22 of the
mentioned Law (about the reasons for agreement by the authorized body of the
procedure of purchase by contractor of goods and services from one executor)
and the Order of agreement with contractors of the separate purchase
procedures.
Neglect of the current legislation has been established during examination
and analysis of observance by the State Committee of information policy,
television and broadcasting of Ukraine and by TV companies, which are under
its jurisdiction, of the Law of Ukraine "About purchase of goods and
services at the expense of state funds". Thus, till July 2002 there
was no tender committee in the National TV Company of Ukraine. 44 purchases
of goods and services for the amount of 1.3 million UAH have been performed
without procedures of purchase, violating the requirements of the Articles 2
and 13 of the mentioned above Law of Ukraine.
The same violations have been made by the National TV Company of
Ukraine. From 85 agreements made by the National TV Company of Ukraine for
the purchase of goods and services for amount of 2.5 million UAH, 56
agreements of the amount of 0.6 million UAH (23.3 %) have been made without
performance of the procedures of purchase, required by the current
legislation. Actual payment according to these agreements comprised 0.5
million UAH.
Failure to comply with the procedure, determined by the Law of
Ukraine "About the purchase of goods and services at the expense of the
state funds" by the board of the Fund of social insurance from the
temporary loss of capability, revealed during performance of the analysis
and examination of formation and execution of the Fund budget in 2002,
has led to illegal employment of funds for the purchase and construction of
premises for the placement of Funds bodies for the total amount of 24.1
million UAH.
Purchases performed by the State committee of Ukraine in energy
saving for the amount 2.8 million UAH have not complied with the procedures
of auctions. This was confirmed by the examination and analysis of the
target employment of state budget funds, assigned in 2001-2002 to the
Committee for interdepartmental energy saving measures.
All analytical measures, performed by the Accounting Chamber on
the financial year in the Ministry of Fuel and Energy have revealed numerous
violations of the current legislation during purchasing of goods and
services.
Examination and analysis of the employment of state budget
funds, assigned to the Ministry of Fuel and Energy of Ukraine in 2002 and
first quarter of 2003 according to the article "Rescue operations at
coal mines" have revealed that the State military mine-rescue
service in coal mining industry has performed purchases at the expense of the
state funds for the amount of 10.7 million UAH, violating the requirements of
the mentioned above Law and Order of inter-departmental coordination of
purchases of separate groups of goods at the expense of the state budget,
approved by the Cabinet of Ministers of Ukraine as of 10.10.2001 № 1312. In
particular, purchase of goods and services, with estimated value not higher
than 200 thousand EURO, has been performed not by the main funds manager -
the Ministry of Fuel and Energy of Ukraine, but by recipient of the budget
funds - Headquarters of the military mine-rescue service. Headquarters and
subdivisions of the Service have spent 2.8 million UAH for the mentioned
purchases.
Examination and analysis of employment of state budget funds,
assigned to the ministry of Fuel and Energy in 2002 for labor protection and
improvement of safety measures at the coal mines, have confirmed the
formalism of the Ministry in the purchasing at the state expenses. The
procedure of purchase looked just like preparation of reports about results
of auctions for execution of scientific research and design works after
signing of agreements or even before tender performance. Total amount of
state budget funds, employed in 2002 by the Ministry and coalmining
industries (recipients of the budget funds) with violation of the Law of
Ukraine "About purchase of goods and services at the state
expenses" comprised 8.5 million UAH.
Similar violations for the amount of 6.4 million UAH have been
revealed during examination and analysis of employment of state budget
funds, assigned to the Ministry of Fuel and Energy of Ukraine for the state
support of construction at the coal, brown coal and peat mining enterprises.
Similar situation exists also in the Ministry of Industrial
Policy of Ukraine. In the absence of its necessary control over the
enterprises producers of the agricultural machinery, 7.1 million UAH have
been spent with the violation of the Law of Ukraine "About purchase of
goods and services at the expense of the state funds". This fact was
established by the examination and analysis of employment of state budget
funds, assigned for the financial support of domestic mechanical engineering
for the agro-industrial complex.
Thus, violating the Article 1 of the Law of Ukraine
"customers" of the goods and services were the enterprises of the
branch, not authorized by the Cabinet of Ministers of Ukraine, because they
are not bodies of the state power. In general, OJSC "Kharkiv Tractor
Plant" has purchased at the expense of the state budget funds materials,
spare parts and other stocks of materials and capital equipment for the total
amount of 2.9 million UAH; OJSC "JSC ADVIS" - for 0.9 million UAH;
OJSC "Kherson combines" - for 2.6 million UAH; OJSC "Ternopil
combine factory" - for 0.7 million UAH.
Examination of the employment of state budget funds, assigned
for construction and reconstruction of highways of the general use has
testified that the State service of highways of Ukraine, while signing
separate agreements on the purchase of equipment and machinery has violated
the requirements of the Article 33 of the Law of Ukraine "About purchase
of goods and services at the expense of the state funds", and used
illegally the amount of 46.4 million UAH. Thus, the agreement with German
enterprise "Wirtgen" for the total amount of 9.9 million EURO has
been signed one day before the receipt of expert conclusions of Kiev Chamber
of Commerce and Industry and Mechanical engineering department of the
Ministry of Industrial Policy of Ukraine and two days before receipt of the
letter of the Ministry of Economy and European Integration of Ukraine about
reconciliation of the procedure of purchase by one executor.
Funds of the Surplus fund of the State budget of Ukraine have
been employed with violation of the Law of Ukraine "About purchase of
goods and services at the expense of the state funds" too.
Thus, for the partial reimbursement of losses, yielded to the
agricultural manufacturers because of the natural disasters on March-July
2002 in Zhytomyr, Lugansk and Kherson districts have been illegally used 14.2
million UAH. The mentioned above violations have been revealed during examination
of employment of the funds of the Surplus fund of the State budget of
Ukraine, assigned in 2002-2003 for reimbursement of losses of agricultural
manufacturers, who suffered from the natural disasters in 2002.
Another control measure - examination of employment of the
funds of the Surplus fund of the State budget of Ukraine in 2002 - has
also revealed the illegal employment of state funds for the purchase of goods
and services for the amount of 5.7 million UAH. Thus, violating the Article
33 of the Law of Ukraine "About purchase of goods and services at the
expense of the state funds", the agreement for purchase of the equipment
for the Institute of cardiovascular surgery has been signed one day before
reconciliation of the purchase procedure with one of the executors.
Facts of the illegal wage payment have been revealed in
the current financial year. Thus, the examination of employment of state
budget funds, assigned to the Ministry of Culture and Art of Ukraine in 2002
and first quarter of 2003 for development of circus, has revealed that
violating the requirements of the current legislation, in particular, of the
Law of Ukraine "About remuneration of labor", the Ministry of
Culture and Art of Ukraine on the basis of approved staff lists, with the aid
of the Ministry of Labor and Social Policy of Ukraine and Ministry of
Finances of Ukraine, at the expense of the budget assignments for
reimbursement of losses of 2002 and first quarter of 2003, has performed
expenditures for the 100% increase of the salaries at 15 state circuses and
National circus of Ukraine for the total amount of 3 million UAH, which is a
budget violation according to the Article 116 of the Budget codex of Ukraine.
1.4 million UAH of the budget funds have been used in the system
of Ministry of Emergency situations and population protection from the
sequences of Chernobyl disaster with violations of the current legislation,
which regulates remuneration of labor and insurance of the workers of fire
safety. This fact has been revealed during examination of employment of
state budget funds, assigned for support of the ecologically safe condition
at the alienation zone and zone of obligatory resettlement.
Increase of salaries has been performed without taking in
consideration of the announced state priorities, state budget implementation
and budgets of managers of the budget funds, as well as evaluation of budget
debt and available financial resources and is a consequence of the grounded
planning of state budget expenditures, "hand management" of budget
funds and their inadequate distribution. But decisions, approved in 2001-2002
have not solved the problems, which have arisen in the system of labor
remuneration of workers of budget sphere. Level of their salary kept
low, the disproportion in labor remuneration has not been liquidated.
Negative practice of illegal assignment of funds from the
Surplus fund of the State budget of Ukraine persists. Thus, examination
of employment of the funds of the Surplus fund of the State budget of Ukraine
in 2002 has revealed that the Cabinet of Ministers of Ukraine, violating
the Article 24 of the Budget codex of Ukraine, continues to approve
assignment of funds from the Surplus fund for regular spending, which could
be included to the project of state budget. Specific weight of such
expenditures of the total amount of assigned from the surplus fund has
increased to 43.4% (33.1% - in 2001). The total amount of 63.1 million UAH of
expenditures has been spent in 2002 in this direction.
Assignment of funds from the surplus fund of the state budget in
2002-2003 for reimbursement of losses of agricultural manufacturers, which
suffered from the natural disasters on March-July of 2002, has been performed
with violations of requirements of standard acts too. 2.4 million UAH have
been received from the surplus fund of the state budget without provision of
necessary economic and juridical grounds.
One of the results of illegal assignment of funds from the
surplus fund is indebtedness that has arisen from the illegal provision of
budget loans from the surplus fund. The examination of the employment of
funds of the surplus fund has also revealed that the Cabinet of Ministers of
Ukraine within 1997-2000, regardless current for that time Law of Ukraine
"About budget system of Ukraine" and Provision about the surplus
fund of the Cabinet of Ministers of Ukraine, which have not included budget
loans from the surplus fund, has assigned 397.9 million UAH on terms of
reimbursement. State Treasury of Ukraine has not taken appropriate measures
for reimbursement of the mentioned funds to the state budget. 138.9 million
UAH or 4.9% from the amount of assigned funds have been reimbursed as of the
01.01.2003. In 2002 the intake of the mentioned funds, has practically
stopped and comprised only 3.7 million UAH. Total amount of indebtedness as
of 01.01.2003 comprised 259 million UAH.
During fulfillment of the control measures by the specialists of
the Accounting Chamber there have been revealed a number of losses of the
State budget of Ukraine because of approval of illegal management decisions.
Results of the audit of effectiveness of management of forest resources of
Carpathian region of Ukraine testify that the mechanism of employment of
the payment for the special utilization of forest resources, as a source of
financing, is imperfect, because its amount does not cover more than half of
the actual expenditures for creation of sawmills and is not bound with prices
for logs and exceed its size by 10-100 times. Thus, in 2002 temporary users
(commercial structures) have not covered the actual expenditures of the State
for creation of sawmills in the amount of 8.5 million UAH. In case of sale of
the felled wood through the state auction, the State could have received
about 100 million UAH of the additional revenues, which is an important
reserve for financing.
Results of the examination of provision and employment of
subvention from the State budget of Ukraine for the social and economic
development of the city of Sevastopol in 2001 and 2002 have led to
conclusion that in case of legislative unadjustment of the order of payment
of taxes from the material stocks and capital equipment to the budget and
their employment for spending of funds from the state budget as well as
employment of provisions of the Law of Ukraine "About the value added
tax", the State has not received revenues in the amount of 20.4 million
UAH.
In course of realization of two control measures, there were also
discovered facts of direct losses to state budget due to irrational and
illegal allocation of state property.
Thus, in case of implementation of market, not subvention,
prices and competitive conditions while realization of natural gas,
transferred to the Sevastopol city council in lieu of subvention, the State
could have received over 40 mln UAH of revenue.
Because of allotment of part of logging fund for the year 2003
by Chernivtsi and Ivano-Frankivsk oblstateadministrations to subjects of
economy, who do not possess the right of permanent utilization of land areas
of the forestry fund (commercial structures), in defiance of Article 9 of the
Forestry Code, Rules of timber allotment for stumps and failure to comply
with requirements of the Decree of the Verkhovna Rada of Ukraine as of
15.03.2001 № 2290-ІІІ "About emergency measures connected with
catastrophic floods in Zakarpattia", the State, according to preliminary
calculations, will not receive about 15.6 mln UAH of additional revenue (in
2001-2002 - over 65 mln UAH).
The State budget of Ukraine also suffered losses because of
failure to implement the principle of Integrated Treasury Account. Inspection
of implementation of funds of the State Budget of Ukraine, assigned for
provision of functional activity of the State Customs Service revealed
the fact, that existing system of administration of taxes and customs duties
while transportation of goods over customs border is not correlated with this
norm of the law.
Taxes, duties (compulsory payments) and other income is
accumulated at accounts № 2603 (opened for the State Customs Service in
"Aval" bank, as of a subject of economic activity) are not
considered as included into the budget, since they are not being included
directly into the Integrated Treasury Account of the State Budget.
As the result, the State suffers significant losses to budget
funds. During 2002 and nine months of 2003 there were charged to, for customs
registration of goods, but not paid, according to court decisions, 1.6
billion UAH of taxes, duties and other compulsory payments by subjects of
external economic activity, which accumulated on accounts of the commercial
bank. In case of transfer of these payments to the Integrated Treasury Account,
compulsory procurement of these payments based on court decision would have
been impossible without appropriate decision of the State Treasury.
After provision of this information to the State Treasury of
Ukraine, the latter announced that, since taxes, duties (compulsory payments)
and other income of the State Budget in the process of customs registration
are transferred by subjects of external economic activity not to Treasury but
bank accounts, the State Treasury of Ukraine does not relate to them in any
way.
But the problem, addressed by the Accounting Chamber, is much
wider: first of all it concerns inclusion of these funds, according to
requirements of paragraphs 4, 5 of Article 50 of the Budget Code of Ukraine.
This regulation provides their inclusion directly into the Integrated
Treasury Account and forbids their accumulation at accounts of procuring
bodies.
Having forwarded information on the issue to the Cabinet of
Ministers of Ukraine on 19.12.2003 and a proper letter to the Central State
Treasury of Ukraine, the Accounting Chamber was hoping to meet understanding
of importance of such a valuable source of budget income for the country.
But, considering letters of the Central State Treasury of Ukraine to the
Accounting Chamber the proper reaction, including on execution of paragraph 4
of the Instruction of the First Vice-Prime Minister, Azarov M. J., as of
15.01.2004, it seems that 1.6 billion UAH are simply not needed for the
budget of the country, and their inclusion is deemed too problematic.
That is why the Chairman of the Accounting Chamber, Symonenko
V.K., on 19.04.2004 forwarded a letter to the Prime Minister of Ukraine,
Yanukovich V.F., addressing issue of fulfillment of our proposals.
There are also have not been noticed any changes for better in
the system of planning and compilation of budgets. The practice of provision
of budget requests, which exceed real needs, and subsequent improvement
of excessive budgets, lead to continuous existence of such kind of budget violation,
as excessive assignments and excessive received funds, due to unjustified
estimate allocations. Such facts were revealed by employees of the
Accounting Chamber and comprise 73.8 mln UAH.
Considerable amounts of violations, connected with excessive
planning of budget allocations, are discovered in the course of analysis and
inspection of financial provision of raise of wages in budget sphere in 2003,
connected with introduction of new amount of minimal wage. While estimation
of amounts of additional allocations in 2003, according to the Decree of the
Cabinet of Ministers of Ukraine as of 19.05.1003 № 740 "About raise of
official salaries (rates of wages) of employees of institution, bodies and
organizations of budget sphere", for advancement of official salaries
(rates of wages) for budget sphere employees, the Ministry of Finance did not
adjust their calculations with chief fund allocators, which resulted in
excessive amounts of such allocations. Thus, more precise calculations of
data of the State Budget of Ukraine concerning raise of official salaries in
2003 only for Ministry of Science and Education of Ukraine revealed 25 mln
UAH of excess allocations. As the result of introduction by the Ministry of
Finance of Ukraine of unjustified changes to monthly estimate of state budget
allocations, in July-August of 2003 over 30 mln UAH were assigned
groundlessly for raise of official salaries for employees of executive
authorities, while official salaries were introduced in such authorities
starting from September 1st of the previous year according to the
Decree of the Cabinet of Ministers of Ukraine as of 06.08.2003 № 1207.
Absence of proper control on behalf of the chief allocator of
funds - Ministry of Agrarian Policy of Ukraine - over implementation of state
budget funds, errors of the State Department of veterinarian medicine, as a
responsible executive of budget programs in the sphere of veterinarian
medicine, while planning and distribution of budget funds, caused
unreasonable excess of assignments in budget request for labour payment in
the amount of 9 mln UAH. It was revealed in the process of inspection of
usage of state budget funds by the State Department of veterinarian
medicine in 2003 for management in the sphere of veterinarian medicine and
organization of activity of institutions of the indicated sphere.
Analysis of implementation of state budget funds by executive
authorities in 2002 testifies, that the existing system of financial
provision of executive authorities does not provide transparency of budget
process. The Ministry of Finance of Ukraine, while estimation of amounts of
funds for financial provision of management programs in a certain sphere of
activity, in the State Budget Project for the year 2002 did not provide
execution of proper analysis of budget requests from chief funds
allocators, judging from the point of view of their aim correspondence,
priority and efficiency of usage of budget funds. Estimation of allocations
was performed by a separate central body of executive power without
appropriate reasoning and grounds. As the result, the State Material Reserve
Committee of Ukraine received over 0.4 mln UAH of excessive allocations,
Taras Shevchenko National Award Committee - over 0.1 mln UAH. State Customs
Service of Ukraine received 6 mln UAH of excessive assignments for
transportation services.
Similar violations are detected in the course of inspection
of usage of Reserve Fund of the State Budget of Ukraine, assigned in
2002-2003 for reimbursement of losses to formers, caused due to natural
disasters of 2002. Thus, the Ministry of Agrarian Policy of Ukraine in
their estimates of loss reimbursement did not use the Method of estimation of
losses caused by emergency situations of natural or man-caused character,
approved by the Decree of the Cabinet of Ministers of Ukraine as of
15.02.2002 № 175, which led to excess of expenditures and, as a result,
unreasonable allocation of money from the Reserve Fund of the State Budget.
In particular, only Kherson, Kirovograd and Rivno oblstateadministrations
received unjustified 2.4 mln UAH.
Due to control measures, performed by the Accounting Chamber in
the reported year, there were detected cases of expenses, which exceed
approved limits for a certain period.
Analysis and inspection of financial provision of salary
raise in budget sphere in 2003 due to introduction of new amount of minimal
wage confirmed, that at expense of the general fund of the State Budget
there is still supported excessive number of research and educational and
other personnel in higher educational institutions of 3-4th levels
of accreditation, subordinated to the Ministry of Science and Education of
Ukraine. Only in 20 institutions of higher education in 2003 there were
registered 870 over-normative wages, which required additional 8.6 mln UAH.
To the same kind of budget violations can be referred expenses
in the amount of 53 mln UAH for reimbursement of internal state debt over
amounts, approved by the Law About State Budget, which resulted in failure to
comply with all the necessary procedures of introduction of changes to the
State Budget of Ukraine, presupposed by the Budget Code of Ukraine. It
was detected in the course of inspection of expenses of the State Budget
of Ukraine for maintenance and repayment of the state debt and its management
in 2002.
Actual expenses of the National Television Company of Ukraine,
compared to the approved by the budget amount of special fund allocations,
comprise 10.2 mln UAH. In addition, actual expenses from the general
fund exceeded the approved budget assignments for 0.2 mln UAH, which
contradicts the requirements of the Article 51 of the Budget Code of Ukraine
and paragraph 5 of the Procedure of creation, consideration, approval and
basic requirements for compliance with budgets of budgets institutions,
approved by the Decree of the Cabinet of Ministers as of 28.02.2002 № 228.
In the reported year there were revealed numerous cases of
off-purpose usage of budget funds, assigned for execution of governmental
programs. Specialists of the Accounting Chamber, in course of
inspection of allocation of State Budget funds, assigned to the Ministry of
Health of Ukraine for provision of insulin to people with diabetes discovered,
that in violation of the Decree of the Cabinet of Ministers of Ukraine as of
06.03.2002 № 261 "About state order for purchase of goods, execution of
work and provision of services for state needs in 2002", funds of the
State Budget, assigned for fulfillment of state order of insulin supply in
2002 in the amount of 13.8 mln UAH were used not according to the purpose,
but for repayment of bill payable for supplied insulin medications in 2001.
Financing of objects, not defined in the Program "Ukrainian
Coal", which consumed 13 mln UAH of state budget funds, was illegal.
Instead of concentration of funds on execution of works, defined in the
Program, for the most important and with high level of readiness objects of
the Ministry of Fuel and Energy of Ukraine, increasing the number of objects
under construction, dispersing the state budget funds. The indicated
violations were detected in the course of inspection and analysis of usage
of state budget funds, assigned to the Ministry of Fuel and Energy of Ukraine
in 2002-2003 for state support of construction at coal-, lignite (brown coal),
and peat mining enterprises.
Under conditions of serious lack of financing of measures of National
Program of protection of environments of the Azov and Black Seas in
2001-2002, inspection of usage of budget funds, assigned for execution of
the mentioned above Program, revealed a series of budget violations on behalf
of the Ministry of Ecology and Natural Resources of Ukraine while
implementation of state budget funds assigned for its realization, in the
amount of 2.7 mln UAH.
Off-purpose allocation of budget funds due to financing of
agreements, which are not presupposed by state programs are also to be
considered budget violations.
Specialists of the Accounting Chamber have revealed the fact of
purchase of insulin by the Ministry of Health of Ukraine from the OJSC
"Farmak", which actually realizes insulin produced by the
"Eli Lilli" company (USA). Thus, The Ministry of Health used 12 mln
UAH, assigned by the Law of Ukraine "About State Budget of Ukraine for
the year 2002" for purchase of domestic insulin, not according to the
purpose, but for purchase of foreign insulin.
The indicated violations were also discovered in the course of inspection
of usage of State Budget funds assigned in 2002 to the State Family and Youth
Committee of Ukraine. In particular, absence of control of state budget
funds allocation by the State Committee, assigned for execution of national
programs, resulted in off-purpose usage of 4.8 mln UAH for realization of own
programs of public organizations and their maintenance, which is a violation
of the Article 87 of the Budget Code of Ukraine. Instead of planned creation
of National Resource Center of Youth Public Organizations and Youth-Student
Hotel, the funds were spent for construction works, purchase of office
apartment and office equipment. So, the Center and the Hotel were not
actually created. Thus, with support of the State Committee, the indicated
amount of money was lost for the budget and illegally stays in possession of
public organizations, which makes it an off-purpose usage of state budget
funds.
Off-purpose usage of state budget funds was revealed in the
course of inspection and analysis of allocation of state budget funds
assigned in 2002-2003 to the State Committee of Water Industry for
exploitation of state melioration systems, for execution of programs of
protection of settlements from damaging influence of waters and anti-flood
protection. This, funds assigned from the State Budget of Ukraine for
exploitation of state melioration systems in the amount of 4.4 mln UAH were
actually used for pumping of waste waters of the city of Kyiv by the
Bortnichi pumping station.
3.4 mln UAH of budget funds were used for purposes, which are
not connected with information projects and do not comply with the national
program of informatization, that is for current expenses (renovation,
technical service, purchase of consumption materials). For example, the State
Tax Administration of Ukraine performed current expenditures for maintenance
of computer equipment (purchase of materials, spare parts, service, support
of the legal "League" system) in the amount of 2 mln UAH. These
facts were revealed by specialists of the Accounting Chamber in the process
of inspection of usage of state budget funds, assigned in 2002 and 9
months of 2003 for fulfillment of tasks (projects) of the National
Informatization Program.
In 2003, there were revealed facts of inter-accounting, in
a concealed form, even though it has been prohibited. During the year there
are discovered facts of such settlements for the amount of 25.8 mln UAH.
Thus, due to analysis of creation, transfer and
implementation of subventions from state budgets to local budgets, provided
for by paragraphs 4, 5 of the Article 34 of the Law of Ukraine "About
State Budget of Ukraine for the year 2002" it has been
discovered, that failure of the Ministry of Finance of Ukraine and of the
State Treasury of Ukraine to comply with requirements of the Budget Code of
Ukraine and other normative-legal acts created conditions for provision of
subventions by way of transfer of natural gas from storage vaults of
the Ministry of Finance of Ukraine to the Council of Ministers of the
Autonomous Republic of the Crimea and to the city of Sevastopol in the
amounts of 14 mln UAH and 9.6 mln UAH respectively, and forced them to
perform realization of this product.
Payment in the form of gas transfer lead to violation of the
Article 39 of the Law of Ukraine "About State Budget of Ukraine for the
year 2002", according to which the only source of financing of subventions
and benefits to people for provision of payments for electric energy, natural
gas, services of heat and water supply and sewage, and communication
services, can only be in-payments to the general fund of the State Budget
and budget funds which were not used according to assignments for more
than one month.
In the process of inspection of usage of state budget funds,
assigned to the Ministry of Health of Ukraine for provision of insulin for
patients with diabetes there was revealed the fact of inter-accounting
settlements. As the result of improper control on behalf of the Ministry of
Health of Ukraine, CJSC "Indar" performed such settlement of debt
before local budgets for supplied insulin to separate health departments of
oblstateadminstrations instead of insulin preparations, purchased for state
budget funds and supplied, according to distribution scheme of the Ministry,
to these departments. In such manner there was performed hidden subvention to
local budgets in the amount of 2.2 mln UAH.
In 2003 in the course of control measures there was revealed
such budget violation, as illegal usage of the Special Fund of the State
Budget of Ukraine. Such violations were allowed in significant amounts by
the State motor licensing and inspection Department of the Ministry of
Internal Affairs of Ukraine, which was inspected by specialists of the
Accounting Chamber regarding usage of the general and special funds of the
State Budget of Ukraine for provision of traffic safety, registration and
keeping record of means of transportation. As the result of failure to
comply with requirements of the Article 23 of the Budget Code of Ukraine,
which specifies, that allocations of the special budget fund have constant
budget purpose, which allows to perform them exclusively within limits and on
account of respective incomes to the special fund, the mentioned above funds
lost their target purpose, were deprived of personal responsibility, which
caused their uncontrolled usage. In general in the system of the State motor licensing
and inspection Department during the year 2002 according to instructions of
the Ministry of Internal Affairs of Ukraine and regional departments of
militia, dealing with the program of "Provision of safe traffic,
registration and keeping record of means of transportation", there were
re-distributed resources of the special fund of the State Budget and material
resources in the amount of 111.9 mln UAH for purposes, which are not
connected with execution of this program.
Facts of significant amounts of illegal usage of the special
fund of the State Budget were revealed by analysis and inspection of
financial provision of salary raise in budget sphere in 2003 due to
introduction of the new amount of minimal salary. In violation of
requirements of the Article 48 of the Budget Code of Ukraine some
institutions of higher education of 3-4th levels of accreditation
of the Ministry of Science and Education of Ukraine performed operations of
allocation of resources of the special fund beyond control of authorities
of the State Treasury of Ukraine. As of 01.07.2003 these institutions
performed such allocations for the amount of 61.2 mln UAH, of them for labour
payment - 30.2 mln UAH.
The Ministry of Finance of Ukraine, being de jure a guarantor of
legal execution of the State Budget of Ukraine, de facto in many cases
violated current legislation regarding execution of the state budget, in
particular, allowed illegal under-financing of the protected entries of
the State Budget of Ukraine. Thus, in violation of the Article 111 of the
Budget Code of Ukraine, it was not performing control of compliance with
budget legislation, and as the result, allocations for purchase of insulin
were underfinanced in 2002 for the total amount of 29.8 mln UAH. The
indicated fact was proved by the results of inspection of usage of State
Budget funds assigned to the Ministry of Health of Ukraine for provision of
patients with diabetes with insulin.
Improper bookkeeping, underestimation of capital assets and
other inventory holdings, non-posting of the amount of cost of real assets, according
to results of control measures, undertaken by specialists of the Accounting
Chamber have become a standard. Total amount of indicated budget violations
in the reported year comprised 278.5 mln UAH.
Thus, inspection of the state of provision and implementation
of subventions from the State Budget of Ukraine for social and economical
development of Sevastopol in 2001 and 2002 revealed, that the Ministry of
Finance of Ukraine during 1999-2002 has not settled the discrepancy
regarding the amounts of natural gas, received from NJSC "Naftogaz of
Ukraine" and its remainder, stored at SC "Ukrtransgaz" in the
amount of 100 mln UAH. Up till now the NJSC "Naftogaz of Ukraine"
has not proved the fact of transmission of natural gas in 1999 to the
Ministry of Finance of Ukraine (for budget debt repayment) for the indicated
amount. Agreements for responsible storage of gas are absent, and common
verification of gas remainders at place of its storage was not performed.
Besides, there took place discrepancy between the amount of
subvention actually received by the Sevastopol city state administration
(CSA) with data of the State Treasury of Ukraine regarding amounts of the
provided subvention and data, depicted in the report on execution of the
State Budget of Ukraine. Out of the total amount of provided subvention 25.3
mln UAH, Sevastopol CSA does not confirm reception of 13.4 mln UAH. Data of
the Statement about fulfillment of the State Budget of Ukraine for the 3rd
quarter of 2002 on allocations in the amount of 13.4 mln UAH is not
authentic.
Result of the analysis confirmed creation and implementation
of subventions from the state budget to local budgets for provision of
benefits to the people, who suffered because of the Chernobyl disaster,
provided for by paragraph 10 of the Article 40 of the of the Law of Ukraine
"About State Budget of Ukraine for the year 2003", and
unaccounted, conformed by verification acts, state budget debt for provided
benefits in accounting registries of enterprises - providers of service for
the amount of 7.2 mln UAH.
Specialists of the Accounting Chamber based on the results of inspection
of usage of state budget funds, assigned to the Ministry of Health of Ukraine
for provision of insulin for people ill with diabetes came to the
conclusion that the current mechanism of centralized provision of insulin for
people with diabetes makes it impossible for the Ministry of Health of
Ukraine, as the chief allocator, to control actual consumption of insulin
preparations. Totally in 2002 the Ministry has unreasonably allocated insulin
preparation usage in the amount of 13.3 mln UAH, which, actually, are
accounted at balances of medical institutions, which constitutes a budget
violation.
Results of the inspection of usage of the state budget funds,
assigned to the Ministry of Culture and Arts of Ukraine for the year
2002 and 1st half-year of 2003 for circus industry testify
that regardless of the requirements of the Law of Ukraine "About
enterprises in Ukraine", annual financial plans were not composed by the
state circus enterprises and were not forwarded for approval to the Ministry
of Culture of Ukraine. In the process of planning of income for circus enterprises,
the Ministry insufficiently considered the achieved level of income received
in the previous years and real conditions of functioning in the current year,
which resulted in planning of additional assignments from the State Budget
for coverage of losses. As the result, in 2002 planned income by the two
circuses was understated for 2.2 mln UAH.
Results of the inspection of usage of the state budget funds,
assigned for provision of functional activity of the State Customs Service of
Ukraine testify presence of multiple instances of the indicated kinds of
violations. Thus, significant understatement by state executive authorities
of the cost of confiscated property, in the process of its realization caused
loss of additional income to budget only in 2002 and the first half-year of
2003 approximately 19 mln UAH.
Besides, violating requirements of current legislation, state
executives for a long period of time (up to seven months) were not accepting
confiscated property, as the result within the indicated period of time
customs authorities carried out expenses in the amount of almost 0.7 mln UAH,
connected with storage of the property.
In course of the indicated inspection there was also discovered
the fact of underpayment to the budget, according to the results of financial
and economical activity of subjects of economy. Creation by the Law of
Ukraine "About introduction of changes to some legislative acts of
Ukraine regarding state support of automobile industry" of the norm,
according to which sales of cars, confiscated by court decision, is performed
with calculation of taxes and duties, caused loss of budget income in 2002
and 1st half-year of 2003 in the amount of almost 7.7. mln UAH.
Facts of illegal change of form of property was
registered in the course of execution of the following two control measures -
inspection of usage of funds of the State Budget of Ukraine for
construction of the "Emergency Ambulance" and of the "Fitness
Center" in Odessa and compliance with legislation in the process of
privatization and analysis of usage of state budget funds, assigned to the
Ministry of Fuel and Energy of Ukraine for state support of
construction works at enterprises of coal-, lignite (brown coal) and peat
mining industry.
The State Property Fund of Ukraine and its regional departments
in Odessa oblast performed privatization of objects of unfinished
construction of the "Emergency Ambulance" (balance cost - 17.1 mln
UAH, sales cost - 1.1 mln) and of the "Fitness Center" (balance
cost - 2.9 mln UAH, sales cost - 870 thousand UAH) with violation of
requirements of current legislation, which resulted in loss by the city of
two important social and cultural objects at total cost of 20 mln UAH.
Also, with violation of the current legislation, the Ministry of
Fuel and Energy of Ukraine issued permission for transfer into shared
property and to other owners objects of unfinished construction for the
total amount of 14.7 mln UAH.
In 2003 specialists of the Accounting Chamber continued
revealing cases of hidden financing of superior (parent) organization at
cost of funds of subordinated organizations. In particular, in course
of inspection of usage of state budget funds, assigned to the State Border
Protection Committee of Ukraine in 2002 and the 1st half of 2003
by the program "State Border Protection" it was revealed,
that the military unit 2428 in 2002 performed allocation of funds for
maintenance of the State Border Protection Committee in the amount of over
3.5 mln UAH. The funds were used for capital renovation of offices, exploited
by the central apparatus of the State Border Protection Committee of Ukraine;
purchase of cars "Shkoda Octavia", "Opel Omega",
"Toyota Landcruiser"; payment for the TV program
"Border"; repairs and maintenance of cars; purchase of home
equipment and kitchen devices, furniture, mobile phones; other allocations
for maintenance of central apparatus.
Analysis of usage of state budget funds by executive
authorities in 2002 also brought evidence that State Standartization,
Metrology and Certification Committee of Ukraine violated the Laws of Ukraine
"About source of financing of executive power" and "About
bookkeeping and financial accounting in Ukraine" in the sphere of hidden
allocation of funds of subordinated institutions for maintenance of the
mentioned Committee in the amount of 1.9 mln UAH without their inclusion into
the special fund of the State Budget.
Resources of the special fund of subordinated institutions in
the amount of 0.4 mln UAH were also illegally used in 2003 for maintenance of
the State Department of veterinarian medicine and its territorial bodies.
Facts of illegal concurrent allocation for financing of
budget institutions from different budgets was detected by inspection
of usage of State Budget funds assigned to the Ministry
of Health of Ukraine for provision of insulin for people with diabetes. While
planning of insulin purchases the Ministry did not take into consideration
actual needs of patients, taking insulin of foreign production, and planned
provision only of insulin of domestic production. Neglecting the fact of
prohibition, stated in the Article 85 of the Budget Code of Ukraine, to
perform concurrent allocations during the budget period for financing of
budget institutions from different budgets, only during 8 months of 2003 at
cost of local budgets there were purchased insulin preparations of foreign
production for the total amount of over 10.3 mln UAH.
Audit of efficiency of management of local resources of the
Carpathian region of Ukraine, conducted by specialists of the Accounting
Chamber in the reported year, revealed also such kind of budget violation as illegal
losses and deficiency of material stock due to improper control of their
storage. Because of absence of strict coordination of activity of the
state forest protection institutions, local authorities, law-enforcement
forces, ecology, tax and customs services, illegal felling of woods caused
the State losses in the amount of 15.9 mln UAH.
There also still exists such kind of budget violation as off-purpose
allocation of budget funds assigned for current expenses.
Thus, inspection of allocation of state budget funds and
analysis of interdepartmental accounting in Kyiv oblast revealed, that in
violation of the Article 52 of the Budget Code of Ukraine, at cost of
subventions from the state budget for assistance to families with children,
handicapped from birth and handicapped children there financed allocations in
the amount of 2.3 mln UAH, provided by the Law of Ukraine "About state
social support of families with insufficient provision". Besides, at
cost of state budget funds there was performed acquittance of accounts
payable for works, performed in previous years for the amount of 0.2 mln UAH.
Similar violations were discovered in course of analysis of
creation, transfer and implementation of subventions from state budget fund
to local budgets, provided by paragraphs 4, 5 of the Article 34 of the Law of
Ukraine "About State Budget of Ukraine of the year 2002". It
means, that state budget funds were forwarded for acquittance of accounts
payable for works, performed in previous years, which was not taken into
consideration in estimate calculations of assignment needs and was used not
according to target purpose.
In the Autonomous Republic of the Crimea at cost of subventions
from the State budget for provision of benefits to the people for payment of
electricity, natural gas, heat-, water supply, sewage and communications
services, based on protocol-registries there was performed acquittance of
debt for condensed gas, which had formed by 01.01.2002, while, according to
the Law of Ukraine "About State Budget of Ukraine for the year
2002", such allocations are to be financed at cost of subventions for
provision of benefits and subsidies to the people for payment for solid and
liquid fuel, condensed gas, rent, waste disposal. Thus, the funds assigned
for provision of allocations by one subvention were directed for financing of
another one, that is off-purpose.
Similar cases of subvention usage were discovered in course of analysis
of formation and usage of subventions from the State Budget to local budgets
for provision of benefits to the people, who suffered in the result of the
Chernobyl disaster. Thus, at cost of subventions there was performed
acquittance of debt for provided benefits, which had created by 01.01.2003,
and payment for benefits provided in previous years, which are not indicated
as part of the debt, and which constitutes its illegal usage in the amount of
over 0.6 mln UAH. Such cases were registered in Desnianskiy region of Kyiv,
Khmelnytsk and Poltava oblasts.
In violation of the Article 17 of the Law of Ukraine "About
State Budget of Ukraine for the year 2002", capital allocations were
financed at cost of current allocations in the amount of 1.2 mln UAH, which
means the funds were used off purpose. It was discovered in the result of inspection
of usage of State Budget funds in 2002 for support of ecologically safe state
in the alienation zone and in the zone of unconditional (compulsory)
resettlement.
Absolutely similar budget violation for the amount of 1 mln UAH
was performed by the UkrStateFund, which was discovered in the result of inspection
and analysis of allocation of funds of the State Budget of Ukraine, assigned
for state support of agriculture (farming) in 2002.
Specialists of the Accounting Chamber have also registered budget
violations connected with placement and execution of the state
order. State Committee of Ukraine on Land Resources has entered into
agreements for production of forms of certificates and of state acts for the
amount, which exceeds the amount, proved by the state order for 4 mln UAH. It
was verified by inspection and analysis of legality and efficiency of
usage of state budget funds, assigned for execution of land reform, issuance
of state acts for the right of private property and protection and rational
use of lands in 2000-2002 and the first quarter of 2003.
Analysis of formation and usage of subventions from the State
Budget to local budgets, provided for by paragraphs 4, 5 of the Article 34 of
the Law of Ukraine "About State Budget of Ukraine for the year
2002" revealed such budget violation as illegal failure to
include funds into bills payable. The amount of unused coupons,
distributed among the people for reception of solid fuel in previous
budget periods, in not included into the amount of bills payable and in
calculations of required funds in the planning process.
In the Autonomous Republic of the Crimea in 2001 the amount by
unused coupons, which is not included into bills payable, comprises 9.2 mln
UAH, in 2002 - 6.7. mln UAH.
Inspection of usage of budget funds and analysis of
inter-budget accounting in Kyiv oblast has also revealed the fact of
illegal overstating of the amount of additional subvention for
oblast budget for the amount of 9.7 mln UAH.
Specialists of the Accounting Chamber have also registered budget
losses due to improper control of reception taxes and payments.
Results of the analysis of usage of state budget funds by executive
authorities in 2002 testifies, that a number of payments, included into
the special fund of the Sate Budget of Ukraine are not included into the list
of national taxes and duties (obligatory payments) set by the Law of Ukraine
"About taxation system" and other laws of Ukraine about taxation.
Control over correctness and timeliness of their handling by state taxation
or other bodies is not being performed, which allows some taxpayers to avoid
fulfillment of such transfers, and in the result of which the State Budget
experiences significant losses.
Due to improper control on behalf of the State Committee of
Ukraine of technical regulation and consumer policy over execution of
paragraph 6 of the Article 21 of the Law of Ukraine "About
Advertising", losses of the special fund of the State Budget comprised
about 8.4 mln UAH per year.
State off-budget funds were also used with budget violations.
Specialists of the Accounting Chamber, based on the results of analysis
and inspection of creation and execution of the budget of the Fund of
Social insurance against temporary loss of working ability in 2002 came
to the conclusion, that creation and usage of the Fund's resources beyond the
state budget limits and weakens state control over its implementation.
In 2002, due to legislatively established amortization and
restructuring of debts of insurants and placements of funds into stocks of
enterprises and organizations, losses of the Fund comprised 24.4 mln UAH.
By decision of the Board of Directors of the Fund and based on
approved normative documents, 34.3 mln UAH were used not according to target
purpose. In particular, 8.1 mln UAH were illegally used for provision
of financial assistance in case of uninsured births; for maintenance of
employees of trade-unions - 5.7 mln UAH; awarding bonuses of insurable assets
- 2.3 mln UAH. Illegal creation of development fund by the Board of Directors
at cost of passive income resulted in off-purpose usage of funds for creation
of material-and-technical basis of health-improving and healing institutions
and other measures - 5 mln UAH. Provision of the Social Insurance Committee
(by paragraph 2.2.9. of the Instruction of the procedure of creation and
execution of the Fund budget, approved by the decree of the Board of
Directors as of 26.01.2001 № 15) with the right to provide tour passes
for sanatorium-and-spa treatment to unemployed veterans of war and labour
does not comply with the Article 4 of the Law of Ukraine "About
compulsory state social insurance due to temporary loss of working ability
and expenses, connected with births and funerals" and resulted in
off-purpose usage of funds in the amount of 10.7 mln UAH. Due to definition
in the paragraph 3.13 of the Instruction, in defiance of the Article 48 of
the mentioned Law, one of the main directions of allocation of Fund
resources - salary for governing bodies of sport societies - consumed
2.4 mln UAH as off-purpose allocations.
2.1. mln UAH of the Fund of Social Insurance against
accidents at work and professional illnesses were spent for purposes not
provided by current legislation. Thus, for allocations, which are supposed to
be made at cost of state budget funds and enterprises (purchase of cars,
computers, medical equipment, working clothes etc) - over 1.9 mln UAH, there
were performed excessive payments for unperformed medical consultations, cost
of living for people, who accompanied 1st group invalids in the
amount of 0.1 mln UAH, payments for works and services in the amount of 0.1
mln UAH, acts of performed works being absent.
Each year usage of State Budget funds is marked by violation
of one of the main principles of budget system of Ukraine - principle of
efficiency.
Ineffective usage of state budget funds and resources of
target budget and off-budget funds became the systematic violation of the
budget process.
Control-analytical measures, conducted by the Accounting Chamber
in 2003, revealed numerous facts of such usage of budget funds. Total amount,
as it was already indicated, equal over 2.8 billion UAH.
Most considerable amounts of violations are connected with ineffective
usage of state budget funds due to unreasonable management decisions.
According to the results of inspection of usage of state
budget funds by the State Department of veterinarian medicine in 2003 for
management in the sphere of veterinarian medicine and organization of
activity of institutions in the indicated sphere there is made the
conclusion, that usage of state budget funds by the State Department for
implementation of budget programs "Management in the sphere of
veterinarian medicine" and "Organization and regulation of activity
of institutions in the system of veterinarian medicine" was performed
inefficiently, with violations of requirements of the Budget Code of Ukraine
and of the Law of Ukraine "About veterinarian medicine". As the
result, state budget funds, assigned in 2003 for realization of the budget
program "Management in the sphere of veterinarian medicine" for
regional (town) departments of veterinarian medicine in the amount of 33.6
mln UAH were used ineffectively.
The State Department also doe not undertake any proper measures
in order to decrease the burden of the general fund of the State Budget. Own
intakes for services, provided by state veterinary clinics, considerably
exceed resources of the general fund of the State Budget, which are assigned
for their maintenance. It testifies of the possibility to maintain the
clinics exclusively at their own cost, and allocate funds at cost of
appropriate budget program only for anti-epizootic measures.
Ineffective usage of funds is also discovered in course of analysis
of usage of state budget funds by executive authorities in 2002. Creation
and liquidation of bodies of executive power without any system, change of
their status, re-creation of earlier liquidated bodies resulted in
parallelism of their work, doubling of functions, and, in the end, in
ineffective and irresponsible usage of budget funds.
Thus, reorganizations consumed additional ineffective expenses
of budget funds in the amount of 6.5 mln UAH. In particular, structural
modifications in the Ministry of Economy of Ukraine took 1.4 mln UAH;
organizational changes in Держбуду of Ukraine - 2.6 mln UAH; of the Public
Service of Export Control of Ukraine - 0.8 ml UAH; for creation of
territorial bankruptcy bodies of the Ministry of Economy and European
Integration of Ukraine - 1.7 mln UAH.
The Cabinet of Ministers of Ukraine also used resources of the reserve
fund of the State Budget of Ukraine ineffectively. Actually they became
the additional source of financing of state centralized capital investments.
In 2002 at cost of the reserve fund there were assigned 14.9 mln UAH for
financing of those objects, which were supposed to be financed by the Cabinet
of Ministers of Ukraine at cost of state centralized capital investments.
In the result of inconsistent and irresponsible actions there
was allowed ineffective usage of state budget funds for provision of
functional activity of the State Customs Service of Ukraine. In July of
1999 the State Customs Service of Ukraine signed a contract for execution of
work of development and construction of the "Poliscan-3" complex at
total cost of 16 mln UAH, while the decision of its future location was
accepted only in March of 2001. Besides, this decision was not coordinated
with management of the enterprise on the territory of which the complex was
supposed to be built (Illichivsk Port). So far the construction works haven't
even started yet, while 11.5 mln UAH of budget funds have already been spent.
Inspection of provision and employment of subventions from
the State Budget of Ukraine for social and economic development of the town
of Sevastopol in 2001 and 2002 revealed, that in the result of failure of
the Cabinet of Ministers of Ukraine to determine and approve directions of
subvention allocations in 2002, Sevastopol town administration made their own
decisions regarding this issue , which led to inefficient usage of 25.3 mln
UAH.
Inefficient allocation of budget funds due to groundless
administrative decisions was revealed in course of inspection of
allocation of state budget funds, assigned for fulfillment of tasks
(projects) of the National Informatization Program in 2002 and 9
months of 2003. State Tax Administration of Ukraine (STAU) in 2002-2003
the major amount of allocations (76.7%), assigned from the state budget for
informatization, was used for acquittance of commodity credit by the contract
with the Joint Stock Company OPTIMUS S.A. (Poland) for supply of
semi-finished products and component parts for working stations OPTIMUS S.A.
and mounting of ready products in Ukraine for needs of the STAU for the total
amount of 12 mln USD. According to the conclusion of the State Information-Analytical
Center of monitoring of external commodity markets, complex of equipment
offered by the JSC OPTIMUS S.A., exceeds the average level of retail prices
in Ukraine by 1.8. Accordingly, Отже, the STAU entered into agreement, in
which the amount of excessive cost of equipment and component parts,
otherwise inefficiently used funds, comprised 5.3 mln USD or 28.1 mln UAH
according to the exchange rate of the National Bank of Ukraine.
Results of the inspection and analysis of usage of the state
budget funds, assigned in 2002-2003 to the State Committee of Water Industry
for exploitation of state melioration systems, for execution of programs of
protection of settlements from damaging influence of waters and anti-flood
protection testify of ineffective usage of funds in the amount of 6.3 mln
UAH due to groundless decisions. Thus, due to dispersion of financing for a
great number of unfinished objects of anti-flood measures over 1 mln UAH was
used inefficiently; due to discard of 33 unfinished anti-flood objects by
Zakarpattia oblast water industry on river Tisa, which were destroyed by
floods of 1998 and 2001 - 5.3 mln UAH.
Inspection of allocation of funds of the State Budget of
Ukraine by the Ministry of Science and Education of Ukraine for provision of
educational institutions with study books and manuals, performed by
specialists of the Accounting Chamber revealed, that in the result of
approval by the Ministry of the decision to present textbooks
"Bukvar", issued in 2001, for students of the 1st grades
without introduction of any changes to the Procedure of provision of students
of institutions of secondary education and technical schools with textbooks
and manuals, in 2002 there were spent over 2.6 mln UAH of budget funds for
printing of this textbook, which was ineffective usage of the funds.
Besides, under unsatisfactory state of textbook issuance and
minimal satisfaction of the need, the Central Department of Science and
Education of the Kyiv city state administration and Department of Science and
Education of the Kyiv oblast state administration have received excessive
number of textbooks - 350.6 thousand copies for the total cost of 1.9 mln
UAH, of which, as revealed by selective inspections, 44.4 thousand copies for
the total cost of 0.3 mln UAH are kept in library vaults of educational
institutions, which resulted in their inefficient usage.
Selective inspections at six state circus enterprises revealed,
that in the result of unprofitable agreements with foreign and private
enterprises for execution of circus performances, there were experienced
losses for the total amount of over 0.9 mln UAH, which constitutes
ineffective usage of state budget funds.
According to the results of activity in 2002 four circuses,
having received budget funds for coverage of losses in the amount of 4.3 mln
UAH, were actually receiving profits. The amount of income tax paid by them
constitutes almost 0.5 mln UAH, which also should be considered ineffective
usage of budget assignments.
Numerous facts of groundless administrative decisions, which
resulted in inefficient usage of budget funds, were also revealed in course
of inspection of usage of State Budget funds in 2002, assigned for
provision of invalids with cars and orthopedic products. In the result of
purchase in 2002 of prosthetic devices from enterprises of non-governmental
form of property towards execution of the state order by PE
"Ukrprotez" for prices, which exceed by 2-5 times the prices of
analogues, produced by public and state enterprises, 1.8 mln UAH were used ineffectively.
Unlawful delegation of function of formation of state order by
the Ministry of Labour and Social Policy of Ukraine to the Producing
Enterprise "Ukrprotez" and its provision, in violation of the
Budget Code of Ukraine, with the authority if allocator of budget funds in
the sphere of distribution of wheelchairs to regions and improper execution
of these functions resulted in inefficient usage of budget funds in the
amount of 2.9 mln UAH and caused groundless, under condition of presence of
financial resources, failure to provide 2653 handicapped people with
wheelchairs of needed modifications.
Performance of payments by PE "Ukrprotez" with state
and public enterprises for supplied products at actual prices, unrelated to
contract prices, resulted in inefficient usage of budget funds in the amount
of almost 2.7 mln UAH, assigned for prosthesis.
Besides, under condition of sufficient number of domestic
producers able to execute the state order of wheelchair production in full
amount based on the Contract, signed between Lviv State Experimental Enterprise of Means of Transportation and Prosthesis and Limited Liability
Company "Slajg", starting with 2002 there were purchased and
brought into Ukraine, with assistance of three agents, 6180 wheelchairs of
foreign production, which resulted in inefficient usage of budget funds in
amount of 1.7 mln UAH.
Considerable amounts of inefficient usage of budget funds are
connected with service of untimely acquitted foreign loan.
Analysis of reasons and financial consequences of
restructuring of foreign liabilities of Ukraine before governing bodies of
foreign countries - members of the Paris Creditors Association testified,
that in the result of agreements, entered into by the Cabinet of Ministers of
Ukraine, about restructuring of debts and due to activation of state
guarantees, direct responsibility for repayment of these funds is placed on
the State, which means reprocessing of the liabilities of subjects of
economic activity into direct state debt.
According to the conditions, additional allocations on service
of restructured debts during 12 years will comprise over 209 mln USD or over
1.1. billion UAH, according to current exchange rate, of which 38.5 mln USD,
or over 200 mln UAH according to the official exchange rate of the National Bank
of Ukraine, have already been paid off.
Inefficient usage of sate budget funds was also verified by inspection
of the state of realization of conclusions and proposals of the Accounting
Chamber according to inspection of implementation of the loan of IBRD by the
Project of Development of the Market of Electric Energy. Thus, during
2003 according to this loan IBRD has received 7.4 mln USD, or 39.5 mln UAH
according to official exchange rate of the National Bank of Ukraine, at
cost of the State Budget of Ukraine. It is to be noted, that this project was
annulled as of 23.09.1999. The state of payments from the generating
companies to the state budget for actually received in 1997 part of the IBRD
loan in the amount of 76.4 mln USD is unsatisfactory. During 1997-2003
overdue debt kept growing and by 01.01.2004 reached 33.2 mln USD. It results
in transfer of liabilities of generating companies - participants of the
Project to the state debt.
Decision of the Ministry of Finance of Ukraine about cessation,
as of 24.01.2000, of payments for maintenance and acquittance of guaranteed
liabilities before countries-members of the Paris Creditors Association, was
hasty, organizationally unprepared, economically non-calculated and resulted
in inefficient usage of budget funds due to payment of interests by debt
credits and penalty provisions.
The indicated decision was made under conditions of realization
of the Program of Government of Ukraine coordinated with the International
Currency Fund, even though execution of the program is one of the main
conditions of acceptance of the decision of debt restructuring by the Paris
Creditors Association. In the result official negotiations with creditors of
Ukraine started only in March of 2001, or 14 months after cessation of payments.
It resulted in employment of punitive measures against Ukraine
for failure to perform payments for creditors' benefit in the amount of over
16 mln USD or over 80 mln UAH during 2000.
In addition, the Ministry of Finance of Ukraine turned out
incapable with their own forces and with assistance of specialists from other
state economic and legal organizations to prepare and conduct negotiation
regarding restructuring, that is why foreign companies were included into the
process. Additional, actually ineffective allocations of state budget funds
for attraction of foreign consultants comprised 2.4 mln USD or 12.7 mln UAH,
which were fully paid regardless of their failure to fulfill provisions of
the agreement in full amount and in indicated terms.
Numerous facts of ineffective usage of funds were discovered by
specialist of the Accounting Chamber in course of annual inspection of
budget of expenses of the National Bank of Ukraine.
In general there were detected ineffective and in violation of
current legislation allocations in the amount of 51 mln UAH.
During 10 years the issue of employment of objects of unfinished
construction for reconstruction of paper-making machine № 12 of the former
State Enterprise "Malin Paper Plant" of the Manufacturing
Association "Ukrpapirprom" (now - OJSC "Malin Paper
Plant") remains unsolved. Back in 1991 it was planned to re-equip and
rebuild it in order to create facilities for production of special paper for
issuance of national currency. Total amount of ineffective allocations
connected with reconstruction of this machine equals almost 5.2 mln UAH.
Out of 60 objects which were under construction and
reconstruction in 2002, 30 were included into the plan only on 30.12.2002.
8.2 mln UAH were spent for their constriction and reconstruction. Additional
inclusion of some objects into the plan of capital investments was not
reasonably justified, since they are not connected with provision of main
tasks and functions of the national Bank of Ukraine defined by current
legislation.
In 2002 additional 0.8 mln UAH were ineffectively used for
substitution of 12 serviceable cars "Opel Vectra", which were in
service only for two years, with new cars "Opel Omega", which cost
at least twice as much.
National Bank of Ukraine also referred to expenses operations,
connected with payment of commission for reservation of funds, which
were not reimbursed due to failure of the Government of Ukraine to fulfill
its obligations and cessation of the program of extended crediting from IMF.
In 2002 such allocations comprised 20.7 mln UAH and totally since 1998 - 34
mln UAH, which constitute direct losses of the State.
In 2002 the National Bank of Ukraine performed allocations in
violation of current legislation and of its own normative acts.
As in previous years, the National Bank of Ukraine performed
sponsorship activity, which was not provided for by current legislation. In
2002 it constituted over 3 mln UAH and was aimed mostly at modernization of
material-and-technical base of the Verkhovna Rada of Ukraine. At the same
time provision of financial assistance to the Verkhovna Rada of Ukraine
violates the Law of Ukraine "About sources of financing of government
bodies", which verifies that government bodies shall perform their
activities only at cost of budget financing within the limits provided by the
Law of Ukraine about the State Budget of Ukraine for the corresponding year.
National Bank of Ukraine had also violated the procedure of
goods purchase. Thus, the Banknote paper plant performed purchase of products
from the "Sojuz and C ltd" (Kyiv) and from Private Industrial Trading Company "Yusi"
(Kharkiv) without tenders and signing of contracts, and payments were
performed based on suppliers' invoices. Payment for one and the same products
was performed through numerous transfers, which allowed the Plant to avoid
tender procedures in violation of the Regulations about tender procedures in
the process of purchase of products, works and services by the National Bank
of Ukraine. Totally in 2002 there performed such purchases for the amount of
0.1 mln UAH, since the Banknote Paper Plant performed purchases for the
amount of 90 thousand UAH.
There was discovered the fact of violation of the Regulations
about long-term crediting of employees of the National Bank of Ukraine for
construction and purchase of accommodations for the period of 20 years at the
amount of almost 0.1 mln UAH. Interest-free beneficiary long-term credit for
construction of housing was provided to the employee, who had no appropriate
record of service and did not relate to the category of employees who had the
right to receive benefits at cost of the bank. After his retirement from the
bank at his own will he received the possibility to repay the credit and the
interests within 20 years, even though according to the Regulations such
borrower was supposed to repay all existing credit debts at the moment of his
retirement.
During 2003 there were revealed numerous facts of inefficient
usage of budget funds by means of its long-term retention without
usage on registration accounts of budget funds allocators, which also can
be considered ineffective management of budget funds.
Results of inspection of completeness of financing and
effective usage of state budget funds assigned in 2002 for provision of
social services, material provision of unemployed and re-grouping of labour
forces of Donbass revealed that during 2002 allocations for
material provision and provision of social services to unemployed uninsured
people was performed at cost of the Fund of compulsory state social insurance
for case of unemployment, and funds of the State Budget of Ukraine remained
untouched at the budget account of the State Employment Center and were not
included into the Fund's account due to long-term inconsistency of positions
between the the State Treasury of Ukraine, Ministry of Labour of Ukraine and
the State Employment Center. Funds in the amount of 40 mln UAH were actually
transferred to the Fund's account only in December of 2002.
Violation of the Article 108 of the Budget Code of Ukraine and
the Procedure of Subvention Transfers, approved by the Cabinet of Ministers
of Ukraine as of 11.04.2002 № 490 at the stage of state budget
allocations caused to ineffective usage of 31.7 mln UAH of subventions for
social and economic development of the town of Sevastopol in 2001 and 2002.
Inspection of the state of provision, lawfulness and
effectiveness of usage of subventions from the state budget for execution of
investment projects, aimed at development of social infrastructure of the
Autonomous Republic of the Crimea in 2003 testifies of the low level of
management of financial resources. Subvention allocators did not provide for
their timely and effective implementation. Permanent remainders of funds at
account , under conditions of limited budget financing, comprise over 3 mln
UAH.
Ineffective management of budget funds, assigned for
management if the sphere of veterinarian medicine ad organization of activity
of organizations of the indicated sphere was allowed by the State
Department of Veterinarian Medicine in 2003. Miscalculations in the process
of planning and distribution of budget funds and attraction of resources of
the special funds for financing of measures, which were supposed to be
financed by the general fund, resulted in creation of considerable
remainders of funds, which as of 01.10.2003 comprised 25.6 mln UAH.
Facts of ineffective management of budget funds was revealed in
the result of analysis and inspection of financial provision of salary
raise in the budget sphere in 2003 due to introduction of new amount of
minimal wage. The Ministry of Agrarian Policy of Ukraine issued orders
about introduction of new amount of official salaries only on 12.08.2003 and
revision of manning tables of budget institutions within the system of the
Ministry started only in the second half of August. As the result, over 50
thousand employees started receiving raised salaries only starting with the
end of September and beginning of October of 2003. Due to this, remainders of
funds, unused during the two months for the assigned purpose as of 01.09.2003
comprised over 10 mln UAH.
Ineffective management and usage of state budget funds has also
been revealed due to analysis of the state of execution of complex
measures aimed at thorough development of the Ukraine language, planning and
implementation of funds of the State Budget of Ukraine and their
introduction. In the process of creation of the state order for
2002 for the State Committee of Television and Broadcasting of Ukraine there
was defined production of TV and radio programs in the Ukrainian language in
the amount of 203276.2 a year, and for the State Communications Committee of
Ukraine - broadcasting of TV and radio programs in the amount of 111955.9
hours. Actually the State Committee of Television and Broadcasting of Ukraine
executed the state order in full amount, while the State Communications
Committee of Ukraine executed the order only in the amount of 169749.5 hours.
Which means that 33526.6 hours of produced programs for the amount of 17.7
mln UAH remained unused. In the result of violation of requirements of
normative-legislative acts by the Ministry of Economy and European
Integration of Ukraine in the process of creation of the state order for
production and broadcasting of TV and radio programs for 2002, the State
suffered 17.7 mln UAH of direct losses.
Inspection of usage of state budget funds assigned in 2002
and 9 months of 2003 for execution of tasks (projects) of the National
Informatization Program revealed the facts of inefficient usage
of budget funds by means of their freezing at registration account in
the amount of 14.1 mln UAH.
Inefficient usage of funds by means long-term non-usage of
financing from the state budget can also be referred to ineffective
management of budget funds.
Inspection of usage of budget funds, assigned in 2001-2002
for execution of the state order of accumulation of mineral resources, performed
by specialist of the Accounting Chamber verified, that the existing scheme of
financing of geological surveys does not provide for effective control over
rational usage of budget funds.
In the result of delay of acceptance by the Cabinet of Ministers
of Ukraine of the decision of settlement of the amounts of state order, the
State Treasury of Ukraine during January-February of 2001 accumulated
72.2 mln UAH, which remained without movements regardless of accumulation of
debt for performance of geological surveys.
During 9 months of 2003 the Ministry if Finance of Ukraine was
receiving funds, assigned for the National Informatization Program, in
the amounts, which exactly corresponded with the planned allocations. Total
amount of received funds comprised 13.5 mln UAH, which as of 01.10.2003
remained at the account of the allocator unused (taken out of turnover). At
the same time separate organizations - Ministry of Labour of Ukraine,
Ministry of Science and Education of Ukraine, Ministry of Justice of Ukraine,
State Committee of Consumers' Standards of Ukraine during this period
of time received financing for execution of their tasks in the amount
of one third of the year assignment. During this period 12
organizations within the list of tasks of the national Informatization
Program, defined by the regulation of the Cabinet of Ministers of Ukraine,
were not financed at all.
There were also discovered considerable amount of ineffective
allocation of funds of the Fund of Social Insurance against temporary loss of
working ability. In 2002 the Fund ineffectively used almost 68 mln UAH
due to placement of insurable funds in stocks of enterprises and
organizations in the amount of 66.4 mln UAH and untimely and insufficient
transfer of funds in the amount of 1.6 mln UAH by the Ministry of Ukraine on
Emergency Issues and People's protection from the consequences of the
Chernobyl disaster to the Fund for reimbursement of actual expenses for
provision of state benefits to insured persons.
In the reported year there was revealed ineffective usage of
resources of the Fund of Social Insurance against accidents at work and
professional illnesses. Board of Directors of the Fund and its executive
bodies at places did not provide for full normalization, effective planning
an usage of resources of the Fund, state control of the Ministry of Labour
and Social Policy of Ukraine over activity of the Fund was
insufficient. As the result 7.8 mln UAH were used ineffectively, including
7.7 mln UAH were prepaid to performers of works, funds not being mastered,
almost 0.1 mln UAH - for education of handicapped people without their future
employment.
Specialists of the Accounting Chamber have also discovered facts
of ineffective usage of budget funds connected with conversion. Inspection
of usage of funds of the State Budget of Ukraine for external
political activity in 2002 by the Ministry of External Affairs of Ukraine revealed,
that the State Treasury of Ukraine did not provide execution of decision of
the Government regarding allocations for international activity in foreign
currency, and , in violation of the Article 487 of the Budget Code of
Ukraine, did not provide fiscal execution of the five budget programs. It
resulted in ineffective allocation of target budget funds in the amount of
almost 1.5 mln UAH, which is connected with the necessity of conversion
of hryvna into foreign currency and favoured distraction of considerable
amounts of budget funds (2.8 to 7.1 mln UAH) for a prolonged period of time
to banking accounts.
0.7 mln UAH of additional allocations of the state budget,
connected with purchase of foreign currency for settlement of arbitration
case in the sphere of owner's rights, detected by inspection of
allocations of the stet Budget funds for maintenance and acquittance of state
debt and its management in 2002 are also not repaid.
1.3.1.
Analysis
of fulfillment of the State Budget of Ukraine for the year 2002, 1st
quarter, 1st half-year and 9 months of 2003.
According to current legislation, in particular to the Article
98 of the Constitution of Ukraine, Articles 2, 6, 7, 22 and 30 of the Law of
Ukraine "About the Accounting Chamber" there was performed analysis
of fulfillment of the Law of Ukraine "About the State Budget of Ukraine
for the year 2002" and allocation of state budget funds in 2003.
According to the data of performed control and analytical
measures regarding fulfillment of the state budget in 2002 and 2003, there
were prepared Conclusions about fulfillment of the State Budget of Ukraine
for the year 2002; Conclusion based on results of analysis of fulfillment of
the State Budget of Ukraine for the first quarter of 2003; Conclusion based
on results of analysis of fulfillment of the State Budget of Ukraine for the
first half-year of 2003; Conclusion about fulfillment of the income part of
the State Budget of Ukraine according to results of three quarters of 2003;
Conclusion based on results of analysis of fulfillment of the State Budget of
Ukraine for nine months of 2003.
According to the results of analysis of fulfillment of the State
Budget of Ukraine for the year 2002, the Board of the Accounting Chamber
has made a whole set of systematic conclusions. The main conclusion
is the following: the Cabinet of Ministers of Ukraine and the Ministry of
Finance of Ukraine have not provided proper execution of the Law of Ukraine
"About the State Budget of Ukraine for the year 2002". In spite of
real possibilities for successful execution, the general funds of the
State Budget of Ukraine has not been fulfilled in the income part (94.1%) as
well as in the allocations part (85.2%). Fulfillment of approved amounts of
financing of the state budget was also not provided for.
Execution of the State Budget of Ukraine in 2002 was being
performed under conditions of slowing down of economical development.
Forecast of macro-economical data, according to which the budget was created
and approved, mostly turned out not be true, which negatively influenced
execution of the income part of budgets. Real Gross Domestic Product
increased only for 4.8 % against 9.2 % in 2001, nominal GDP reached 220.9
billion UAH and in calculation per head constituted 4583 UAH, which is 483
UAH less than expected.
Due to weak control and economical performance of the State
Tax Administration of Ukraine and other central executive authorities,
responsible for reception of income, annual plan of income has not been
fulfilled by 34 sources, and in the result the State Budget has not
received over 5 billion UAH, including 3.5 billion UAH by payments, reception
of which was provided by the State Tax Administration; 0.3 billion UAH - by
the State Property Fund of Ukraine; 0.2 billion UAH - by the State Customs
Service of Ukraine.
In the result of unsatisfactory administration f income, tax
debt in 2002 increased per 7.9 billion UAH and by 01.01.2003 reached the amount
of 14.2 billion UAH, which comprises one fifth part of the total amount of
income of the brought budget. A large number of major debtors belonged were
solvent. Thus, the OJSC "Dniprovskiy metallurgical plant named after
Dzerzhinskiy", having the debt befroew the state budgte in the amount of
64.6 mln UAH, in 2002 received 289.6 mln UAH of income. OJSC "Nikopol
plant of ferroalloys", having received income in the amount of 18.4 mln
UAH according to results of financial and economic activity in 2002, owes
state budget 4.9 mln UAH.
Miscalculations in administration of Value Added Tax resulted in
considerable narrowing of taxation basis and its loss of budget-forming
meaning, having unreasonably aggravated the problem of its reimbursement.
Budget debt on reimbursement of VAT in 2002 increased per 1.4 billion UAH and
by 01.01.2003 reached the amount of 7.2 billion UAH, which constitutes 53.3 %
of the annually paid tax amount. The amount of overdue debt increased during
the year per 800 mln UAH and by the beginning of 2003 comprised 2.9 billion
UAH. The State Treasury of Ukraine in 2002 paid 36 mln UAH at cost of the
state budget as punitive measure for untimely reimbursement of VAT.
The existing system of beneficiary taxation resulted in loss of
income by budgets of all levels in the amount of 56.3 billion UAH,
including direct losses in the amount of 32 billion UAH only by nine types of
payments, accounted by the State Tax Administration.
Privatization processes were unsatisfactory, and in the result
almost 2.7 billion UAH were not received for financing of the state budget.
As the Accounting Chamber warned in the process of expertise of the projects
of the state budget for the year 2002, exclusion of privatization income from
the income part of the state budget resulted in weakening of control on
behalf of the Government and reduction of responsibility of the State
Property Fund of Ukraine for performed privatization activities.
While execution of the expense part of the budget, in
violation of requirements of the Budget Code of Ukraine and the Law of
Ukraine "About the State Budget of Ukraine for the year 2002", the
Ministry of Finance of Ukraine and the State Treasury of Ukraine in
2002 executed the state budget according to allocations and management of the
budget funds in the "manual" mode. It is verified by numerous
facts of restriction by the Ministry of Finance of Ukraine of allocations,
approved by legislation, execution of excessive and off-purpose allocations.
Failure to fulfill the State Budget negatively influenced fulfillment of primary objectives in social sphere, in particular, increase of expenses for education, health protection, social compensations, as well as reduction of the poverty level and improvement of the quality of life of the people.
Allocations for education, health issues and social
compensations were performed in the amounts, which are considerably lower
compared to amounts approved by the Law of Ukraine "About the State
Budget of Ukraine for the year 2002", salary debt for budget employees
as of 01.01.2003 comprised 54.8 mln UAH, debt on payment of compensations and
financial support for the people, who suffered in the result of the Chernobyl
disaster during 2002 increased per 41.9 mln UAH and by 01.01.2003 reached the
amount of 646.6 mln UAH.
Limitation of assignments was performed regarding 35 chief
allocators of budget funds, including the Ministry of Health of Ukraine -
their allocations were reduced per 212.9 mln UAH; the Ministry of
Science and Education of Ukraine - per 72.2 mln UAH; the Ministry of
Culture and Arts of Ukraine - per 36.4 mln UAH; the Ministry of Agrarian
Policy of Ukraine - per 167.7 mln UAH; the Ministry of Labour and Social
Policy of Ukraine - per 40 mln UAH; the Ministry of Ecology and natural
Resources of Ukraine - per 57.8 mln UAH.
In course of 2002 there were assigned 292.6 mln UAH from the
state budget for capital investments, or only 59.7 % of the planned funds for
the year. The main reason o low level of financing was introduction of
temporary restriction of assignments according to the Order of the Ministry
of Finance of Ukraine as of 09.08.2002 № 626, which limited the state capital
investments per 375 mln UAH, under approved annual allocations in the amount
of 490 mln UAH.
Article 95 of the Constitution of Ukraine states, that any
allocations of the state for public needs, amounts and target assignment of
these allocations are determined exclusively by the Law about the State
Budget of Ukraine. Article 39 of the Budget Code of Ukraine provides for consideration
of the main directions of the budget policy for the successive budget year in
the State Budget. Thus, taking into account that changes to the law of the
state budget can be introduced only by the Verkhovna Rada of Ukraine,
acceptance within the course of the budget year of any decisions regarding
increase (reduction) of budget assignments and changes of target purpose of
allocations, which are already approved in the state budget, is unlawful.
Regardless of this fact and insufficient provision of
allocations, approved by the state budget, with funds, the Cabinet of
Ministers of Ukraine during 2002 accepted 16 regulations about raise of
salaries in the systems of separate ministries, organizations and several
budget institutions, raise of salaries for which was not provided by the Law
of Ukraine "About the State Budget of Ukraine for the year 2002". Additional
allocations of budget funds for salaries, resulted by acceptance of
such regulations, according to expert estimates in 2002 comprised
at least 400 mln UAH.
The State Treasury of Ukraine, Ministries, organization,
other central bodies of executive power failed to provide proper control of
the state of accounts receivable and accounts payable. In course of 2002
accounts payable of organizations, maintained at cost of the state budget,
increased per 298.9 mln UAH and as of 01.01.2003 comprised 3 billion 708.6
mln UAH.
By the end of 2002 allocators of budget funds allowed
distraction of 5 billion 68.8 mln UAH into accounts receivable, which
constitutes 11.4% of the state budget. The amount of accounts receivable
exceeded the amount of accounts payable by 1.4 times, which testifies of the
low level of discipline of payments of budget organizations and of
possibilities to liquidate the debt. Creation of creditor's indebtedness
was caused due to wide-spread practice of preliminary payments by allocators
of budget funds for purchases of equipment, other inventory holdings and
execution of hidden advance payments for received services; provision of
services by budget institutions without proper payment, untimely (overdue)
reception of rental payments; uneven financing of activity of budget
institutions and allocation of considerable funds only in last months and
days of a budget year.
The Cabinet of Ministers of Ukraine failed to provide
effective legal support of execution of the Law of Ukraine "About State
Budget of Ukraine for the year 2002". Realization of 18 articles of the
law presupposed obligatory acceptance of the necessary legal acts by the
Government. But requirements of some articles of the Law are still out of the
scope of attention of the Government or are fulfilled with violation of the
set terms.
Analysis of fulfillment of the State Budget of Ukraine for the 1st
quarter of 2003 makes it possible to come to the following conclusions.
In the 1st quarter of 2003 the State Budget of
Ukraine is fulfilled with income exceeding the allocations in the amount of
1billion 343.2 mln UAH, including the general fund - 891.6 and the special
fund - 451.5 mln UAH, contrary to the fact that estimates of execution of the
general fund of the State Budget predicted deficit in the amount of
252.7 mln UAH.
Fulfillment of the income part of the general fund of the
State Budget was achieved due to reduction of the amount of the planned sum,
and due to incomplete VAT reimbursement. Augmentation of the State Budget
income, compared to January-March of 2002, was achieved due to actual
expansion of taxation base conditioned by changes introduced to existing laws
on taxation issues.
Planned assignments according allocations of the general fund
of the State Budget were not fulfilled by the Ministry of Finance of Ukraine
and by the State Treasury of Ukraine. So the Ministry of Finance of Ukraine introduced
changes to the budget and changed planned allocations of the general fund per
203.1 mln UAH.
Fulfillment of the State Budget in January-March of 2003 was
happening under conditions of activation of economic activity and renewal of
inflation processes. Main factors of augmentation were external demand
for main export products of metallurgical and chemical industries and basis
effect.
Government measures regarding provision of income reception
to the State Budget did not provide expected results. Regardless of economic
growth, tax indebtedness continued to increase and as of 01.04.2003 comprised
15.2 billion UAH.
The Law of Ukraine "About State Budget of Ukraine for
the year 2002" provided development of 17 normative documents -
Procedures of execution of allocations by separate directions. In the 1st
quarter requirements of the Law and Instruction of the Prime Minister of
Ukraine as of 10.01.2003 regarding timely development and approval of the
indicated Procedures were not fulfilled. During the period of time from
January through March the Government approved only 8 of them, which
negatively influenced fulfillment of the budget.
The Ministry of Finance of Ukraine and the State Treasury of
Ukraine exceeded their authorities having limited allocations of chief
allocators of budget funds with the aim of 10%-saving of budget assignments.
During the 1st quarter the Government was also
making separate decisions, which were changing target assignments of state
budget funds, and were violating not only current legislation of Ukraine but
also its own earlier decrees and orders.
The Board of the Accounting Chamber, having reviewed the
state of fulfillment of the State Budget of Ukraine for the 1st
half-year of 2003, came to the following conclusion.
Execution of the income part of the general fund of the State
Budget in the first half-year was achieved, mainly, due to numerous
corrections of the accepted planned estimate of income reception, attraction
of additional sources and incomplete VAT reimbursement.
In the result of multiple changes of the budget, the planned
amount of income in the 1st half-year was reduced by the Ministry
of Finance of Ukraine per 456.7 mln UAH. Actual income of the general
fund constituted 19 billion 244.2 mln UAH, or 102 % of the corrected planned
amount and 99.7 % of the originally planned amount, considering the
introduced changes to the Law about the State Budget.
Results of the analysis present convincing evidence that during
the reported period Value Added Tax was basically used as instrument for
adjustment of the level of fulfillment of the State Budget. Failure to
return VAT to taxpayers in set terms makes state budget income overstated per
almost 1.1 billion UAH. At the same time overdue budget debt by this tax
increased to 4 billion UAH. Under conditions of economic growth and
taking into account the necessity to reimburse the indicated debt, compared
to the corresponding period of the previous year income intake, actually,
decreased per 0.7 billion UAH or per 4.1 %.
Administration of taxes, duties and payments to the state
budget practically did not improve in the analyzed period. Under
conditions of general overfulfillment of the planed amount of income
part of the general fund, almost 758 mln UAH of income was not received
from some spheres, of it 472.5 mln UAH or 62.3 % - income, administered
by the State Tax Administration of Ukraine. Tax and duty payments debt
increased, compared to the previous year, per 4.8 billion UAH, and for the
first half of the current year - per 0.5 billion UAH and reached the amount
of 14.7 billion UAH. And this is taking into consideration the fact that,
according to current legislation, the State Tax Administration of
Ukraine wrote off 1.5 billion UAH of hopeless debts.
Under conditions of overfulfillment of planned income data of
the general fund of the State Budget per 379 mln UAH, the Ministry of
Finance of Ukraine and the State Treasury of Ukraine did not provide its
fulfillment by allocations. Considering the adjustments introduced by the
Ministry of Finance of Ukraine and transfer of some allocations from
the first half-year to the second one, the adjusted plan comprised 19
billion 911 mln UAH. Actually, allocations of the general fund are posted
in the amount of 18 billion 341.2 mln UAH, which is 1 billion 569.8 mln UAH
less than the adjusted plan, and 903 mln UAH less than the received income.
The task as for the main priorities, set by the Government
while approval of the State Budget for 2003 - provision of allocations of
social direction, in particular social guarantees, social protection and free
medical help, are also not being fulfilled.
Social allocations have not been posted at target assignments
in the amount of 620.9 mln UAH or 16.4 %. Due to insufficient control on
behalf of the Ministry of Finance of Ukraine and the State Treasury of
Ukraine, assignments set for allocations by protected articles were used
untimely and not in full amount. In January-March of the current year
390.4 mln UAH were not used for salary payments; 65.5 mln UAH - for provision
of transfers to the people; 62 mln UAH - for purchase of medications
and bandages; 55.3 mln UAH - for construction (purchase) of housing for
military servants.
The Ministry of Finance of Ukraine, with the aim of
successful fulfillment of the general fund of the State budget in the first
half of the year, adjusted planned data of state budget financing and
service of the state debt, having reduced them to the level of actual data.
Fulfillment of the State Budget in general with proficit in
the amount of 1 billion 692 mln UAH allowed the government and the
Ministry of Finance of Ukraine to use the resource as the main source of
acquittance of the state debt. But, as of 01.07.2003 the indicated funds
are recreated at cost of income from state loans and privatization of state
property. External loans in the amount of 4 billion 266.4 mln UAH, received
in June of the current year, allowed to perform payments for reimbursement of
the external debt in the amount of 119.9 mln UAH. The remaining currency
funds increased the remainder of the resources of the general fund, which as
of 01.07.2003 comprised 5 billion 748.2 mln UAH.
On execution of requirements of the second part of the
Article 53 of the Budget Code of Ukraine the Board of the Accounting Chamber
reviewed the operative report about fulfillment of income part of the State
Budget of Ukraine as of 01.10.2003 and made the Conclusion about
fulfillment of the income part of the State Budget of Ukraine according to
results of three quarters of 2003, which is verified by the Order of the
Board of the Accounting Chamber as of 21.10.2003.
In particular, the document states that the Law of Ukraine
"About the State Budget of Ukraine for the year 2003" approves the
income part of the State Budget in amount of 50 billion 20.9 mln UAH. The
general fund of the State Budget is set to be equal 39 billion 511.4 mln UAH,
and the special fund - 10 billion 509.5 mln UAH.
In the result of approval by the Verkhovna Rada of Ukraine of
Laws of Ukraine as of 06.03.2003 № 630-ІV "About introduction of
amendments to the Law of Ukraine "About the State Budget of Ukraine for
the year 2003", as of 22.05.2003 № 849-IV "About introduction of
amendments to the Law of Ukraine "About the State Budget of Ukraine for
the year 2003" and some other legislative acts", as
of 09.07.2003 № 1068-ІУ "About introduction of amendments to the
Law of Ukraine "About the State Budget of Ukraine for the year
2003" and some other Laws of Ukraine" and as of 09.07.2003 №
1069-ІУ "About introduction of amendments to the Law of Ukraine
"About the State Budget of Ukraine for the year 2003" there has
been increased the planned income part of the State Budget for the year
2003 and set in the amount of 53 billion 228.5 mln UAH, including of the
general fund - 42 billion 185.9 mln UAH and of the special fund - 11 billion
42.6 mln UAH.
According to the Table of the State Budget of Ukraine for the
year 2003, approved by the Minister of Finance of Ukraine as of 20.02.2003,
with consideration of all introduced changes and amendments, the income plan
of the general fund of the State Budget for January-September of the current
year is established in the amount of 29 billion 616 mln UAH or 70.2 % of the
yearly amount, and income part of the special fund is set in yearly amounts
without monthly division.
Actual income of the genera fund of the state budget, according
to results of three quarters of 2003 equals 30 billion 282.8 mln UAH or 102.3
% of the plan, assumed by the Budget Table. Overfulfillment of planned
amounts was achieved due to tax income - 1 billion 393.8 mln UAH or 6.1 %,
income from operations with capital - 9.1 mln UAH or 9.2 %, and official
transfers - 74 mln UAH or 4.3 %. Non-tax income was 810.1 mln UAH or 15.9 %
less than planned.
Total of 39 billion 280.6 mln UAH arrived to income part of
the State Budget during from January through September of the current year,
which comprised 73.8 % of the amount approved by the law. Compared to
analogous period of the previous year, state budget income increased per 7
billion 317.2 mln UAH or 22.9%, of it income of the general fund comprises 5
billion 636.5 mln UAH or 22.9%.
Under compared conditions nominal income of the state
budget in general increased per 6.8%, income of the general fund - per 4.2%.
Under conditions of GDP increase per 6.5% real income of the State Budget
increased per 1.6%, but income of the general fund decreased per 0.9%.
Article 49 of the Budget Code of Ukraine states that the
State Budget of Ukraine is fulfilled according to the Table, approved by the
Minister of Finance of Ukraine according to budget assignments.This
legislative norm does not set any exclusions for component parts of the
budget - general or special funds. But the Ministry of Finance of Ukraine
composes the Budget Table with monthly distribution of plan data only for the
general fund of the Budget. Budget Table of the special fund of the State
Budget, which was established in 2002, with monthly breakdown is not being
composed by the Ministry.
At the same time level of fulfillment of the State Budget
each year has much higher income rate than the special fund. Yearly plan of
income to the general fund of the State Budget in 2000 was fulfilled per
95.3%, and the approved amount of income of the special fund of the State
Budget was overfulfilled by 1.8. In 2002 this data constituted, accordingly,
85.6 and 129.5%, in 2002 - 94.1 and 126.7%. During January-September of the
current year special fund of the State Budget received 8 billion 997.8 mln
UAH or 81.5% of the approved yearly amount.
In order to provide effective control over execution of the
State Budget of Ukraine, the Board of the Accounting Chamber considers it
appropriate to oblige the Ministry of Finance of Ukraine to compose monthly
budget table for the special fund of the State Budget as well.
Further it is proposed to introduce appropriate changes to
the part one of paragraph 1 of the Article 49 of the Budget Code of Ukraine,
stating in such wording: "The State Budget of Ukraine shall be fulfilled
according to the table wit monthly breakdown of income and allocations of the
general and special funds, which shall be approved by the Minister of Finance
of Ukraine according to budget assignments in one-month period from the
moment, when it comes into force according to the Law of the State Budget of
Ukraine".
Data of the analysis of fulfillment of the Stat Budget of
Ukraine for nine months of 2003 give the reasons for the Board of the
Accounting Chamber to come to the following conclusions.
In January-September of 2003 the State Budget was fulfilled with
income prevailing over allocations (proficit) in the amount of 1 billion
424.9 mln UAH, of it of the general fund - 1 billion 27.8 mln UAH
(under planned deficit in the amount of 1 billion 384.9 mln UAH) and of the
special fund - 1 billiuon 397.1 mln UAH. But the Law of Ukraine "About
the State Budget of Ukraine for the year 2003" has approved the stat
budget deficit in the amount of 2 billion 634.9 mln UAH, of it of the general
fund - 1 billion 510 mln UAH and of the special fund - 1 billion 124.9 mln
UAH, and the budget table assumes fulfillment of the general fund of the nine
months of the current year with the deficit in the amount of 1 billion 384.9
mln UAH.
The general fund of the State Budget has received 30 billion
282.8 mln UAH or 102.3% of the adjusted planned amount during
January-September of the current year. Overfulfillment per 666.8
mln UAH or 2.3% is achieved, mainly, due to adjustment of the planned
amount.
Amount of the Value Added Tax, reimbursed to taxpayers during
January-September of the current year comprised 6 billion 239.9 mln UAH and,
compared to the analogous period of the previous year, increased per 2.1
billion UAH or 52.4%. Regardless of considerable amount of reimbursement,
overdue budget debt kept increasing. During January-September of the current
year overdue budget VAT debt increased per 0.4 billion UAH and as of
01.09.2003 comprised 3.3 billion UAH, and the total un-reimbursed amount -
7.4 billion UAH.
At the same time tax debt of taxpayers also kept increasing.
During January-September of 2003 taxpayers debt before the budget increased
per 943.6 mln UAH and by October 1st of the reported year
comprised 15 billion 115.6 mln UAH.
Expenditure part of the general fund of the State Budget of
Ukraine for January-September of the current year was not fulfilled. Allocations
were fulfilled in the amount of 29 billion 255 mln UAH, which comprises 94.4%
of the planned allocations for the period (that is 1 billion 746 mln UAH less
than planned) and 67% of yearly allocations. In the result of multiple
adjustments of the Budget Table a considerable amount of allocations was put
off until the 4th quarter of 2003, which resulted in ungrounded
overloading of the State Budget in the indicated period. Allocations of the
special fund were posted in the amount of 7 billion 711.1 mln UAH, which
comprises 54% of yearly amount.
Total amount of the stat debt from the beginning of the year
reduced per 174.8 mln UAH and as of 01.10.2003 comprised 75 billion 554.3 mln
UAH, including internal state debt, which reduced per 907.6 mln UAH and
comprised 20 billion 479.4 mln UAH. External debt increased per 732.8 mln UAH
and comprised 55 billion 74.9 mln UAH.
1.3.2.
Conclusions
and proposals to the draft Law of Ukraine "About the State budget of
Ukraine for 2004"
The Accounting Chamber according to the Articles 40 and 41 of
the Budget codex of Ukraine and Articles 7 and 27 of the Law of Ukraine
"About Accounting Chamber" has performed analysis and examination
of the draft Law of Ukraine "About the State budget of Ukraine for
2004".
Analysis and examination have been performed taking into
account the provisions of the Constitution of Ukraine, Budget codex of
Ukraine and number of laws and standard acts in questions of tax policy and
budget expenditures.
Messages of the President of Ukraine to Verkhovna Rada of
Ukraine "European choice. Conceptual prerequisites of the strategy of
economical and social development of Ukraine in 2001-2011" and
"Ukraine: step to the 21st century. Strategy of economical
and social development of Ukraine in 2001-2011", "Basic direction
of the budget policy for 2004", Governmental program "Openness,
efficacy and effectiveness", "Basic principles of the monetary
management for 2004", analytical materials and calculations to the
project of the state budget, reports and analytical data, have been used in
the process of analysis of the project of Law. The actual state of financing
of subjects of departmental classification, divisions and subdivisions of the
functional classification of expenditures, income part of the state budget,
external and internal debts, inter-budget relationships etc.
Performed analysis and examination have testified that
presented by the Cabinet of Ministers of Ukraine draft Law of Ukraine
"About the State budget of Ukraine for 2004" is imperfect from the
point of the chosen state strategy of the social and economic development and
does not provide solution of the accumulated problems, achievement of the
determined by the Government for the next year priorities of the budget
policy and possesses numerous methodological and technical deficiencies.
Augmentation of the income is expected to be achieved not by
the economical growth, but by employment of administrative instruments -
increase of taxation, additional sources of income, withholding of the force
of certain tax laws. Underdeclaration of the amount of certain incomes and
ungrounded determination of expenditures have not provide with the
possibility to make the draft state budget without deficit.
Separate articles of the draft law contradict the provisions
of the Constitution of Ukraine and number of standard acts.
Results of analysis and examination of calculations of
intakes to the state budget have established that because of mistakes and
faults in the number of indicators, the income of the state budget is
underdeclarated for 11.6 billions UAH.
Conclusions of the Accounting Chamber have testified the
possibility to increase the intake of income tax from the enterprises for the
amount of 1 billion UAH; value added tax - for 6.2 billions UAH; dividends
from the subjects of economy - for 0.9 billions UAH; tax duties - for 0.5
billions UAH; funds from realization of the surplus arms, military and
special machines, other property of the Armed Forces of Ukraine and other
military units, established in compliance with the current legislation due to
offset of debts of NJSC "Naftogaz of Ukraine" towards the Ministry
of Defense of Ukraine - for 0.3 billions UAH; funds from privatization of the
property at the expense of reserved by the Government intakes from
privatization of Oblenergo and OJSC "Ukrtelecom" - for 1 billion
UAH.
The Accounting Chamber has mentioned that because of the
violations of requirements of the Budget codex of Ukraine and other standard
acts, 1.8 billions UAH have been groundless included to the list of
expenditures of separate directions of the state budget.
The Accounting Chamber has submitted a number of offers
concerning other questions, having relation to the draft law.
In general, the Board of the Accounting Chamber has made a
conclusion, that the Draft Budget of Ukraine for 2004 does not correspond
to the strategic goals of the state, supposes deceleration of the achieved
rates of the economic development, does not solve the question of tax reform
and does not fulfill the announced social priorities. Mistakes and faults
during preparation of the draft state budget, in particular, concerning
determination of the financial resources of the state and local budgets,
limitation of the expenditures for social needs, especially of the local
budgets in case of economical growth, are ungrounded.
1.4. Results of audit of the separate directions of employment of budget funds
In the process of implementation of modern standards of audit to
the methods of the Accounting Chamber, the majority of Conclusions of
analytic measures and examinations made by the Board of the Accounting
Chamber within 2003 have been based on the generalized evaluation of the
system and mechanism of financing of the certain direction of employment of
state budget funds, evaluation of management decisions, which have been
approved by the Cabinet of Ministers of Ukraine and chief managers of budget
funds concerning certain fields of spending of state budget funds.
Control measures, performed by the Accounting Chamber within
2002-2003 concerning employment of State budget funds, assigned for
financing of measures, connected with reimbursement of indebtedness for
domestic agricultural machinery, partial compensation of the value of
elaboration and construction of domestic machinery and support of domestic
mechanical engineering for the agroindustrial complex have provided
reasons to the Board of the Accounting Chamber to make a number of
systematic, generalized conclusions.
Thus, the analysis of employment of state budget funds in
junction "producer of agricultural machinery - consumer of agricultural
machinery (the farmer)" allows making a conclusion about a number
of deficiencies and abuses in solving of the critical problem of provision of
food independence and capability to export of the Ukrainian state.
Negligent and irresponsible relation of the Cabinet of Ministers
of Ukraine, Ministry of Industrial Policy of Ukraine and Ministry of
Agricultural Policy of Ukraine to management of budget funds, which are
provided to the farmer as financial help, have led to greater complication of
state of affairs in the agroindustrial sector of national economy,
aggravation of the financial situation of the farmer. Low level of technical
management and scientific elaborations of agricultural machinery caused
greater gap of the technical level of domestic agricultural mechanical
engineering in comparison with the level of best world examples of equipment
by both technical-exploitation parameters and corresponding price indexes.
Cabinet of Ministers of Ukraine and the Ministry of Industrial
Policy of Ukraine have not provided the necessary conditions for development
and state support of the domestic mechanical engineering for agroindustrial
complex.
Schedule of the state (financial) support of domestic mechanical
engineering for the agroindustrial complex, compiled by the Cabinet of
Ministers of Ukraine and realized by the Ministry of Industrial Policy, is
ineffective and non-transparent. It does not provide considerable
augmentation of machinery production, which could be bought by the rural
economy, which is currently reforming. Unsatisfactory level of management of
these processes can be characterized by the fact, that the major part of the
produced at the expense of state (financial) support agricultural machinery
stays not negotiated, i.e. unclaimed.
Ministry of Industrial Policy of Ukraine has not provided the
most optimal and effective employment of state budget funds while signing of
agreements of financial support with enterprises-producers of machinery.
The policy of the Ministry in provision of the state support for
enterprises is inadmissible and leads to artificially created conditions for
impossibility of further control of the target and effective employment of
budget funds, taking into account the State interests.
Starting from 1998, the government has taken measures for
provision of producer of agricultural machinery with equipment by
implementation of the mechanism of financial leasing. These measures appeared
to be insufficient and imperfect, first of all because of their
non-transparence, difficultness, unreality of the sources of funds intake to
the special fond of the state budget and complexity of such mechanism for
producers of agricultural machinery. In general, farmers have been provided
with equipment on terms of financial leasing within 2000-2001 just for 2% of
their needs.
Further actions of the Government in the field of search and
implementation of new, more effective mechanisms of state support in
technical reequipment have not led to positive changes because of their
inconsistency and partial solving of a problem. Thus, as a result of
implementation, starting from 2002, of the mechanism of village support by
the partial compensation of the value of heavy agricultural machinery of
domestic production, the real needs of farmers have been satisfied just for
0.2%.
Established by the Government unreal sources of intake of funds
to the special fund of the state budget, which has been consequently
accomplished just for 3%, are the main cause of such situation.
So, the state policy, directed nowadays for support of the
domestic producer of agricultural machinery by assignment of funds from the
State budget of Ukraine for the purchase of domestic agricultural machinery
on terms of financial leasing and for the partial compensation of the value
of domestic heavy agricultural machinery, in a way it's being implemented and
in such amount of financing, has practically failed.
Besides, residual approach and underfinancing of the elaboration
of new machinery for the village and total neglect by the state of such
problem as control of implementation of new elaborations into production
leads to the absence of expected effect from the spending of money for
elaboration of the new machinery. Under these circumstances, domestic
producers of agricultural machinery are forced to buy more qualitative
foreign machinery at their own expense.
Analysis of administrative and technical side of formation
and performance of measures in the field of support of domestic mechanical
engineering for agroindustrial complex testifies that there are considerable
differences between Ukrainian "science of management" and real
practice of management, complexes of interrelated actions, aimed to reach a
final result are not approved. It's necessary to change radically the
attitude to financing and performance of measures for provision of support to
domestic farmer and to provide him with effective, competitive, available
machinery of domestic production, taking into consideration the strategic
state interests, its economic safety and independence.
State of cultural and natural heritage of Ukraine is disturbing
because of the destructive processes, happening to it. Solution of the
accumulated problems requires system approach and, certainly, close attention
from the national, regional and local authorities, as well as institutions,
services or associations, having relation to these fields.
The Accounting Chamber has performed a complex of analytical
and expert measures, separate examinations of subjects of economy in the
field of protection of cultural and natural heritage. Analysis of the
mentioned above measures testifies that the system of their management
acquired mostly a negative character.
Rule-proclaiming activity of the Cabinet of Ministers of
Ukraine has led to the fact, that the actual management in this complicated
social and economic sphere as protection of the natural reserve fund and
cultural heritage is carried by the number of subjects of management.
Interaction in this system between Government and central bodies of the
executive power doe not provide the national effect.
To provide fulfillment of target budget programs for
protection of cultural and natural heritage, the Law of Ukraine about
the State budget of Ukraine as of the certain financial year determines a
number of central bodies of executive power as main managers of the budget
funds. The mentioned above situation facilitates dispersal of the budget
funds, assigned for realization of the targets, stated in the state programs
and does not provide a possibility to concentrate them for employment by the
basic directions, implied by the legislative acts for solution of the current
problems.
Cultural and natural heritage is in danger of
being destructed, caused not only by traditional reasons of decline, but also
by evolution of social and economic life, which aggravate these reasons by
the dangerous events of deformation and destruction. In the current
situation, the State is obliged to formulate and to make more specific
national, regional and local policy as for the distribution of authorities
between national, regional and local bodies and social measures, directed on
protection and adjustment to the requirements of the modern life of
historical or traditional ensembles and their environment.
Results of the examination of employment of state budget
funds by internal forces of the Ministry of Internal Affairs have allowed
to make a conclusion that the system of management and employment of
financial and material resources by headquarters of the Central
administrative board of internal forces of the Ministry of Internal affairs
is ineffective. There have happened budget violations for the amount of 13.4
millions UAH.
The existing system of employment of investor funds, who
receive benefits in taxation for construction (purchase) of lodgings for
military workers and members of their families - is ineffective. Building of
lodging in such a manner is inexpedient - provision of benefits in payment of
income tax leads to the double losses of the State: absence of intakes to the
budget and depreciation of the "invested" funds. Building of
lodgings in the mentioned above manner results in considerable increase of
its price, including, by the way of overpricing and slowdown of solution of
the basic problem - provision with lodgings of military workers and members of
their families. Besides, funds are withdrawn for a long time (are used by
contractors) and are considered as accounts receivable.
Analysis of results of control measures, performed by the
Accounting Chamber while examining the legal, financial and administrative
provision of fulfillment by education institutions of Ukraine of the
state order for training of specialists and examination of employment of
state budget funds, assigned to institutions of higher education and
vocational schools for this purpose, testifies that the system of
administrative and economical management in the sphere of state order for the
training of specialists-workers and specialists with higher education does
not provide the effective employment of budget funds and does not contribute
to unification of the state and public control.
Absence of the state agreement made impossible the
determination of the real need of the State in training of the necessary
amount of specialists-workers and specialists with higher education; created conditions
when education institutions do not bear responsibility for the quality of
training as well as legal, financial and other liabilities for the
ineffective and no-target spending of budget funds.
Legally unregulated, unclear and non-transparent, contradicting
the current legislation is a system of financing of the State budget of
Ukraine for provision of subventions for rendering of benefits and subsidies
to population for payment of electricity bills, natural gas, heat- and water
supply, drainage system, communication services, solid and liquid stove fuel,
liquefied gas, rent, removal of domestic waste.
Despite the fact that subventions from the State budget of
Ukraine to the local budgets for provision of benefits and subsidies for
payment of housing and communal services, electricity and communication
services belong to transfers, which are, according the Article 21 of the Law
of Ukraine "About State budget of Ukraine for the year 2002",
protected articles, expenditures on these articles have a social directivity,
fulfillment of these indexes for the year 2002 has not been provided in a
full range.
Acting system of the social protection does not provide in a
proper way guaranteed by the Constitution of Ukraine rights of citizens for
their acquisition. The Ministry of Labor and Social Policy of Ukraine,
which is obliged to control realization of the state policy of social
protection of population, does not cover the whole system of social payments
concerning housing and communal services and does not control the
question of rendering of benefits (except benefits for participants of war
operations). Besides, the Ministry has not provided the necessary
administrative measures and the State Committee of Ukraine in housing and
communal services, correspondingly, elaboration of the social standards of
consumption of housing and communal services.
Provision of people with disabilities with means of
transportation, prosthetics, provision of cars, wheelchairs, orthopedic
manufacture, are the possible ways of social protection of people with
disabilities, rendered by the State.
The Ministry of Labor and Social Policy of Ukraine is the
main body of the central executive authorities for provision of the State
policy in the field of social protection of population, especially of people
with disabilities.
The Board of the Accounting Chamber, basing on the results of
examination of employment in the year 2002 of state budget
funds, assigned for provision of invalids with cars and orthopedic
manufacture, has made a conclusion that because of the too
complicated structure of the bodies in the system of the Ministry of Labor,
which possess a power to fulfill the duties of lower level manager of the
budget funds, assigned for provision of invalids with cars and orthopedic
manufacture, it does not provide the transparent and full control of target
and effective employment of budget funds.
The fund for the social protection of people with
disabilities, designated by the Law of Ukraine "About State budget of
Ukraine for the year 2002" to be executor of the budget program for
provision of people with disabilities with orthopedic manufacture, has not
practically fulfilled its duties, violating the Article 21 of the Budget
codex of Ukraine.
Ministry of Labor of Ukraine delegated to the production
association "Ukrprotez" a part of its duties in management of
budget funds, assigned for these purposes, has not provided the necessary
control of their fulfillment.
According to the results of examination of employment
of state budget funds, assigned in 2002 to the State Committee of Ukraine of
family and youth affairs, it has not developed the mechanism of
realization of target national programs concerning children, youth, women and
family, and a system approach in planning and carrying out of specific
measures for realization of the state programs. State Committee has
practically withdrew itself from determination of the priority measures of
realization of the state programs and does not fulfill economic calculations
of expenditures, necessary for their realization. The analysis of fulfillment
of target national programs and achievement of social-economic purpose,
determined by the programs, is also absent.
By results of the examination of
employment of the budget funds in the years 2001-2002 for fulfillment of
measures of the National program for protection of environment of the Black
and Azov seas, the Board of the Accountancy Chamber has made a
conclusion that the Cabinet of Ministers of Ukraine, the Ministry of Ecology and
Nature resources of Ukraine have not launched within 2001-2002 the
mechanism of the National program of protection of the environment of Black
and Azov seas. Because of the absence of the system approach in organization
of fulfillment of the Program, its main targets have not been reached.
Financing of actions of the Program within 2001-2002 have been
performed irregularly. The Cabinet of Ministers of Ukraine and the Ministry
of Ecological resources of Ukraine have not provided coordination of activity
of the ministries and departments, local executive power authorities,
separate enterprises and organizations in employment of the funds of state
and local budgets, additional sources of financing.
As a matter of fact, the Program
requires improvement of its scientific background; its separate provisions
need to be revised for improvement and specification.
According to the results of the performed by the Accounting
Chamber analysis of fulfillment of the Complex measures for
comprehensive development of Ukrainian language, planning and employment of
State budget funds for their implementation, the State, on behalf of
central executive authorities, the Cabinet of Ministers of Ukraine and
subordinated departments and organizations, has not fulfilled provisions of
Articles 10 and 12 of the Constitution of Ukraine about provision of the
comprehensive development and functioning of Ukrainian language in all fields
of public life on the whole territory of Ukraine and satisfaction of
national, cultural language needs of Ukrainians, which live out of the
borders of the country.
Deadline for the Complex measures expired in 2002. They have
not been fulfilled. Extremely important cultural and ethical needs of
the majority of population of Ukraine and Ukrainians abroad remain not in the
scope of attention of the State. Having analyzed the state of legal
regulation by the Cabinet of Ministers of Ukraine, the Ministry of Finances
of Ukraine, State Treasury of Ukraine, other executive power authorities of
relationships that arise from the requirements of the Budget codex of Ukraine
during compilation and execution of the State budget of Ukraine, the
Board of the Accounting Chamber has concluded, that non-fulfillment or
untimely execution by the Cabinet of Ministers of Ukraine of its duties,
determined by the Budget codex of Ukraine, which lie in legal regulation of
the budget process, lead to ineffective management of the state financial
resources, loss of transparence of funds transfer, complicate the control of
their proper employment.
Results of the control measures of the Accounting Chamber
testify of the numerous budget violations, performed by the main managers of
state budget funds, while executing decisions, approved despite the violation
of standards of budget codex. The mentioned above is caused by imperfection
of the separate provisions of the Budget codex of Ukraine, lack of their
coordination with requirements of other laws, existence of legal standards,
which could be understood in different ways, providing a possibility to use
them by the individual choice of participant of the budget process.
Analysis of employment of state budget
funds by the executive power authorities in the year 2002 have led to
conclusion that the regular reorganization of the system of central
authorities of executive power, started in 1999, has not resulted in
improvement of the structure of these structures, optimization of
expenditures for their maintenance and increase of the efficacy of state
management system. Instead, while changing this system, a number of
executive power authorities, number of their employees and expenditures of
the State budget for their maintenance have only increased.
Appearance and liquidation of authorities
of executive power change of their status, restoration of earlier liquidated
authorities have not been systematic, have led to parallel fulfillment of
their duties, doubling of their functions and, finally, to irresponsibility
and ineffective employment of budget funds.
Implementation from 2002 of the target
method of budget formation was not properly prepared by the Ministry of
Finances of Ukraine and, actually, has not changed the system of employment
of state budget funds by the authorities of executive power, assigned for
realization of their designated duties.
Budget funds, assigned for the budget program "Supervision
and management in a certain field", have been used, as always, for the
maintenance of staff, without establishment of interaction between resources
and specific results of activity, that have led to ineffective and
uneconomical employment of budget funds.
Unsatisfactory fulfillment by separate central executive power
authorities of the tasks, for execution of which the corresponding budget
assignments are approved, is a consequence of unsatisfactory management in
the corresponding sphere of activity and management of processes, which
happen in it.
The existing system of financial provision of executive power
authorities also does not provide the transparence of the budget process.
Ministry of Finances of Ukraine, while determining in the draft State budget
of Ukraine for the year 2002 of amount of funds for financing of supervision
and management programs in a certain field of activity has not provided the
necessary analysis of the budget inquires from the main managers of funds
from the point of view of their correspondence to the goal, priority and
efficacy of employment of budget funds. Determination of the amount of
expenditures by the separate bodies of executive power has been performed
without necessary grounds.
Results of examination of employment of state budget funds of
the surplus fund of the State budget of Ukraine, testify that the Cabinet
of Ministers of Ukraine every year violates the requirements of the current
legislation, which regulates the employment of funds from the surplus fund of
the budget. Periodicity and stability of violations, which acquired a system
character, testify about deliberate non-fulfillment by the Cabinet of
Ministers of Ukraine of these requirements. Surplus fund has become and
example of ineffective employment of state budget funds and their
"manual" management.
The Cabinet of Ministers of Ukraine, violating paragraphs 22,24,
approved by the resolution as of 29.03.2001 № 415 of the Order of employment
of funds of the surplus fund, in 2002 approves nearly each fourth resolution
about assignment of funds from the surplus fund without conclusion of the
Ministry of Economy and European integration of Ukraine, which is responsible
for preparation and submission of draft resolutions about assignment of funds
from the mentioned fund, each fifth - with comments of this Ministry about
violations of the legal base.
The Cabinet of Ministers of Ukraine has used the surplus fund as
additional source of financing of the state centralized capital investments.
Management of funds of the surplus fund and control of their
employment has been performed unsatisfactory.
Average free remains of funds of the surplus fund on accounts
of payee comprised in 2002 16 mln UAH per month, and sometimes exceeded 50
mln UAH.
Besides, the Board of the Accounting Chamber according to
results of the examination of employment of funds of the surplus fund of
the State budget of Ukraine, assigned in 2002-2003 for reimbursement of
losses of farmers, who suffered from the natural disasters in 2002 there
was made a conclusion that the functioning system of reimbursement of losses
to producers of agricultural machinery on irrevocable basis at the expense of
surplus fund of the State budget of Ukraine, does not correspond to the
market and contradict provisions of the paragraph 11 of the Order of
employment of funds of the surplus fund, approved by the resolution of the
Cabinet of Ministers of Ukraine as of 29.03.2002 № 415.
Standard uncertainty of the mechanism of reimbursement of funds
creates conditions for subjective approach in distribution of funds. The
Ministry of Agricultural policy of Ukraine has not developed the Order of
employment of funds, assigned from the surplus fund of the budget for the
partial reimbursement of losses, suffered by farmers because of the natural
disasters. Regional public administrations also have not approved standard
acts about the order of employment of funds for a certain purpose. As a
result, single farms of the non-governmental type of property at the expense
of the budget funds acquired more favorable economical conditions. Ministry
of the Agricultural policy of Ukraine has not determined priorities of assignment
of funds, which have been assigned from the surplus fund of the state budget
for reimbursement of farmers losses, only to those farms, which cultivate
only those cultures, which are strategically important for the food safety of
the country.
According to results of examination of the employment of
state budget funds, assigned for construction and reconstruction of highways
of the general, the Board of the Accounting Chamber has made a conclusion
that the system budget financing, directed on solution of problems of
development of network and maintenance of highways of the general use, is not
legally regulated, unclear and does not provide the transparent effective
employment of budget funds.
State service of highways of Ukraine (Ukravtodor) has not
provided the effective management of budget funds, because it was performed
in conditions of imperfect organization of the system of road management and
its legal unadjustment. This have led to budget violations at the stage of
planning, assignment, transfer and spending of budget funds, as well as their
ineffective and irrational employment.
System of budget financing of the mineral exploration at the
expense of charges from the earlier fulfilled exploration works, created
during soviet times, also requires reforming. Even 100% employment of the
mentioned charges could not provide financing of exploration works,
especially taking into account that the amount of charges decrease because of
decrease of financed from the budget exploration works.
Current system of financing of exploration works does not
provide the effective control of the rational employment of budget funds.
From the beginning of its activity the Accounting Chamber,
according to the Law of Ukraine "About the Accounting Chamber",
fulfills annually the analysis of reports of the Fund of state property of
Ukraine and monitoring of privatization processes in Ukraine.
Information and analytical base of the problems of
privatization, accumulated by the Accounting Chamber during the years of its
activity, gives grounds to make a conclusion, that the existing system of
distribution and spending of funds for fulfillment of the State program of
privatization has not provided their economical and rational employment by
the Fund of state property of Ukraine.
Control of the actual spending of funds in certain directions
has been performed by the Fund only in comparison with general norms of
expenditures for fulfillment of the Program of privatization, and with
maximum level of employment of funds, but not with determined in advance
problems according to approved budgets.
The Fund has received more possibilities for management of
funds at its own discretion with approvement of the State program of
privatization for 2000-2002, the paragraph 126 permits redistribution of
funds from the Off-budget state privatization fund between directions of
their spending for fulfillment of this program. With rendering of such
permission, norms of expenditures, approved by the Program, have lost their
sense and have become a cover of the uncontrolled employment of funds.
Processes of reforming of the property are accompanied by the
structural reconstruction of economy and cause creation of the stock market
(market of capital issues), as a part of market relations, that provide free
turnover of funds in capital issues.
According to the results of legal and administrative provision
of functioning of the stock market examination of employment of state budget
funds by the State Commission of capital issues and stock market of Ukraine,
the Accounting Chamber have made a conclusion that the State Commission of
capital issues and stock market of Ukraine, as a body, which performs state
regulation of the stock market, for seven years of its activity could not
provide foundation in the country of the organized stock market, with
institutions, which could guarantee transparency, openness and liquidity of
the national stock market, determination of the fair price for the capital
issues and created conditions for effective mobilization and distribution o
financial resources by participants of the stock market.
Currently, a common national system of storing and management of
capital issues turnover, having as a basic body a full-scale National
depositary, is absent in Ukraine.
According to the results of analysis of reasons and
financial consequences of restructure of external debts of Ukraine towards
government of the countries-members of the Paris club of creditors, the
Accounting Chamber has made the following conclusions.
One of the main reasons, which caused the debt crisis and the
necessity of restructuring of the external debt of Ukraine, have become
economically groundless and uncontrolled decisions of the Government within
1992-1999 concerning attraction of foreign credits on security of the state
and in favor of insolvent enterprises, which have led to the mass
non-fulfillment by them of financial liabilities by the received loans and
their displace on the state budget.
The debt crisis, which Ukraine experienced at the end of 1999,
was a result of the absence of legally determined strategy of management of
the national debt, critical indexes of its size, as well as ineffective
measures of the Cabinet of Ministers of Ukraine and of the Ministry of
Finances of Ukraine towards enterprises-debtors concerning fulfillment by
them of financial liabilities towards the State by external loans.
Calculations indicate that provision by the executive power
authorities of reimbursement by debtors of at least 30% of overdue debt or
provision of the current payments in a full measure, in case of restructuring
of the overdue debt, could allow Ukraine not to perform restructuring of this
part of external debt.
But these possibilities have not been used by the Government
and the Ministry of Finances
Decision of the former Minister of Finances of Ukraine, Mityukov
I.O. concerning termination as of 24.01.2000 of payments for service and
clearance of the guaranteed debt liabilities towards countries - members of
the Paris club of creditors, was too fast, administratively not prepared and
economically not calculated, and have led to the fall in 2000 to the lowest
level of international credit rating of Ukraine and closed an access to
credit resources at the international capital markets for almost three years.
Besides, the decision have been approved during processes of
termination of the program of the Government of Ukraine, approved by the
International currency reserves, while fulfillment of the program was one of
the main conditions of decision of the Paris club of creditors to restructure
the debts.
Non-fulfillment of the State budget of Ukraine within
2000-2002 in the articles concerning provision of financing from external
loans has become the consequence of this decision.
The Board of the Accounting Chamber have
made a summary conclusion on the basis of results of examination of
expenditures of the State budget of Ukraine for servicing and clearance of
the state debt and its management in 2002 in the questions of system of
budget financing of expenditures for servicing and clearance of the state
debt - it is imperfect and does not provide the transparent, legal and
effective employment of budget funds.
The integral system of legislative regulation of expenditures
for servicing and clearance of the state debt, which exceed 20% of the
total expenditures of the State budget of Ukraine, has not been created.
The order of appearance and clearance of the state internal and
external debt, as it is stipulated by the Constitution of Ukraine, is not
regulated by the current legislation, because the special base law about the
state debt has not been approved till now.
The current legislation does not regulate at all the order of
spending of funds of the State budget of Ukraine for the management of the
state debt.
The foreign policy was not a priority direction of the budget
policy for the Cabinet of Ministers of Ukraine in 2002. System of its
financing is imperfect. The Cabinet of Ministers of Ukraine, the Ministry of
Foreign Affairs of Ukraine have not standardized the separate directions of
financial and material provision of the foreign policy, that influences
negatively the efficacy of management of budget funds and their rational use.
These conclusions have been made on the basis of examination of employment
of state budget funds for the foreign policy in 2002 by the Ministry of
Foreign Affairs of Ukraine.
2. Analysis of reaction of the central executive authorities, bodies and
organizations on the conclusions and proposals of the Accounting Chamber
prepared by the results of the control measures
Obligatory field of activity of the Accounting Chamber is
following of the measures of reaction on information and Conclusions of the
Accounting Chamber performed by supervisors of the higher executive power
authorities, ministries, bodies, objects, which have been examined.
Remarks and proposals of the Accounting Chamber by the materials
of conclusions concerning fulfillment of the budgets and examination of the
draft law about the state budget have been considered by the Verkhovna Rada
of Ukraine and the Government while taking decisions concerning improvement
of execution of the state budget and budget in geenral.
In the course of consideration of the draft Law of Ukraine
"About State budget of Ukraine for the year 2004" in the first
reading and preparation of the Budget conclusions to the mentioned draft Law
of Ukraine, conclusions and proposals of the Accounting Chamber have been
considered by the Budget Committee of Verkhovna Rada of Ukraine and almost
completely used. From the main questions, conclusions and proposals of the
Accounting Chamber have been included to the Budget conclusions of Verkhovna
Rada of Ukraine, approved by the resolution of Verkhovna Rada of Ukraine as
of 23.10.2003
№ 1238 "About approvement of Conclusions and proposals to the draft law
about the State budget of Ukraine for the year 2004".
From 50 proposals of the Accounting Chamber, which have been
submitted to the draft law, 31 proposals have been considered in the draft
law about the State budget of Ukraine for the year 2004.
In particular, draft law about the State budget of Ukraine
for 2004 includes increase of the amount of intake against the governmental
draft law of income tax; value added tax; funds, received for fulfillment of
consul duties; import duty; part of the revenue (profit) economical
organizations, which are raised to the budget; dividends, accumulated on the
shares of economical associations; customs duties for the total amount of 5.3
billion UAH.
Remarks of the Accounting Chamber concerning the necessity of
removal from the State budget of Ukraine of the separate articles of
expenditures in the amount of 223 mln UAH have also been considered.
Besides, a number of proposals, presented by the Accounting
Chamber are realized in the Budget conclusions of Verkhovna Rada of Ukraine
to the draft law about the State budget of Ukraine for the year 2004. The
Cabinet of Ministers was entrusted to calculate the amount of intakes from
the payments for property rent, which belong to the budget institutions; to
consider the question of increase of the income part of the state budget from
realization of the surplus weapon; to submit the Program of the state loan of
Ukraine for the year 2004 in the separate amendment and to separate in a
single budget program expenditures for management of the state debt from
expenditures for servicing and clearance of the state budget; to improve the
order of removal of part of the income (profit) of the state enterprises to
the state budget.
The Board of the Accounting Chamber has remarked, that in
calculations of the draft state budget the own revenues of the local budgets
have been groundless increased by 1.6 billion UAH because of overstating of
the fund of remuneration of labor and, correspondingly, of the amounts of
income taxes from the physical bodies. Verkhovna Rada of Ukraine supported
this proposition and entrusted the Cabinet of Ministers of Ukraine, in order
to establish the real indexes of income tax from the physical bodies, to make
the final decisions concerning legislative regulation of supplementation of
the profit part of the local budgets in the year 2004.
In passed by Verkhovna Rada of Ukraine Law of Ukraine as of
27.11.2003 № 1344-ІV "About the State budget of Ukraine for the year
2004" finally of partially have been included 20 proposals of the
Accounting Chamber.
The Law was passed with the increase of income for 3 billions
UAH. Besides, the Article 13 of the Law has obliged the State tax
administration of Ukraine to perform measures concerning decrease of the tax
debt and to demand 1.5 billions UAH of arrears. In general, income of the
state budget has been increased for 4.5 billions UAH due to proposals of the
Accounting Chamber.
Intake of the following payments has been increased in the
current draft budget: income tax from enterprises - 0.6 billion UAH; value
added tax - 1.3 billion UAH; import duty - 0.3 billion UAH; dividends of
economic associations - 0.1 billion UAH; customs duties - 0.6 billion UAH.
Separate remarks of the Accounting Chamber concerning the
necessity of removal from the State budget of some of expenditures for the
total amount of 0.8 billions UAH have also been considered.
Remarks of the Accounting Chamber concerning the necessity of
completion and approvement of monthly schedule of the special fund of the
state budget have also been realized. The Article 99 of the Law postulates
that the Ministry of Finances of Ukraine, in one month from taking into
effect of the Law of Ukraine "About the State budget of Ukraine for the
year 2004", prepares and approves the monthly schedule of the special
fund of the state budget (except own intakes of budget institutions and
corresponding expenditures).
The question of payment by agricultural enterprises-payers of
the fixed agricultural tax of insurance fee for the obligatory pension
insurance has also been regulated. The Law has extended for the year 2004
payment of insurance fees by these enterprises in the amount and order,
established by the Law of Ukraine "About the fixed agricultural
tax".
Proposal concerning the amount of revenues of the local
budgets, which was decreased for 66 mln UAH has also been established. The
Article 68 of the Law has established, that 50% of the revenues, which are
fixed with corresponding local budgets and are considered in determination of
the amount of interbudget transfers, which will be received over the annual
estimated amounts, determined in the Attachment № 5 to the Law "Indexes
of interbudget transfers (leveling subsidies and funds, which are transferred
to the state budget) between state and local budgets for the year 2004",
are accumulated at the accounts of the State Treasury for their further
transfer to local budgets, which revenues are not received in a full measure,
in the order determined by the Cabinet of Ministers of Ukraine.
Besides, the Law of Ukraine "About the State budget of
Ukraine for the year 2004" includes conclusions of the Accounting
chamber concerning the necessity to increase the expenditures for social
sphere for 1.1 billion UAH, and insufficient validity of approvement of the
minimal wages in amount of 237 UAH by the mechanism of additional payment,
without restoration of correlations in labor remuneration for the employees
of budget institutions, for that purpose expenditures have been increased for
1 billion UAH.
During parliament hearings in Verkhovna Rada of Ukraine with
participation of the Cabinet of Ministers of Ukraine and the Accounting
Chamber, conducted as an execution of resolution of Verkhovna Rada of Ukraine
as of 11.09.2003 № 1149 "About parliament hearings", "State
budget of Ukraine: actual sources of replenishment and extension of
restoration of financial resources of the state" there was considered a
question concerning fulfillment of the State budget of Ukraine of 2003, key
problems of replenishment of the profit part of the state budget have been
analyzed, improvement of interbudget relations and extended replenishment of
financial resources of the state.
Materials of the Accounting Chamber have been used during
preparation of other parliament hearings as well. Thus, on 26.02.2003 there
have happened parliament hearings about the state of privatization in Ukraine
in the subject "Consequences and perspectives of privatization in
Ukraine". Chairman of the Accounting Chamber has made a report during
these hearings. Special information bulletin for people's deputies has been
prepared for this event.
Results of examination, performed by the Accounting Chamber have
been employed during hearings in Verkhovna Rada of Ukraine of information of
the Cabinet of Ministers of Ukraine about compliance to the requirements of
nature protection legislation during activities, connected with minerals use,
providing grounds for the resolution of Verkhovna Rada of Ukraine as of
20.11.2003 № 1310 "About the state of compliance to the requirements of
nature protection legislation, during activities, connected with minerals use
in Ukraine".
In preparation of parliament hearings for the subjects
"Moral crisis of society and the ways of its overcoming", which
have taken place on 05.11.2003, were used the results of the analysis of
fulfillment of the Complex measures for comprehensive development of
Ukrainian language, planning and employment of State budget funds for their
implementation. of the Accounting Chamber, Simonenko V.K., made a
report during these hearings.
Remarks and proposals, prepared as Conclusions of the
Accounting Chamber on the basis of results of the control measure, have been
revealed also in the laws, approved by Verkhovna Rada of Ukraine, have been
considered in preparation of resolutions of Verkhovna Rada f Ukraine, have
been discussed at the meetings of its committees.
Thus, taking into consideration the propositions of the
Accounting Chamber by the Article 74 of the Law of Ukraine "About the
State budget of Ukraine for the year 2004" it is prohibited in 2004 to
fulfill restructuring or write-off of the debt (arrears) of subjects of
economic activity by the taxes, charges (obligatory payments), to provide
delays as for terms of their payment, as well as to write-off the
indebtedness of subjects of economic activity by the credits, received by the
state or under the state guarantees, budget loans, financial assistance on
the opposite basis of the budget.
In order to investigate and summarize the experience of the
functioning of special (free) economic zones and territories of priority
development with the special regimen of investment activity, by the order of
Verkhovna Rada of Ukraine as of 22.05.2003 № 848-IV there was created a
special parliament-governmental commission.
This commission is obliged to fulfill the systematic control
of the adherence to the legislation of Ukraine concerning creation and functioning
of the special (free) economic zones and implementation of the special
regimes of investment activity in Ukraine.
Thus, results of examination of employment of funds of the State
budget of Ukraine for provision of the safety of the road traffic,
registration and accounting of means of transportation by Department of the
State Car Inspection of the Ministry of the Internal Affairs of Ukraine, have
been reflected in the approved by Verkhovna Rada of Ukraine Law of Ukraine
"About the local militia". Changes to some of the legislative acts
of Ukraine, including the Budget codex of Ukraine, have also been made.
It is necessary to emphasize that information about reaction on
the materials, sent by the Accounting Chamber to Verkhovna Rada of Ukraine, have
been rendered for the first time in 2003.
Special privatization control commission having
considered the analysis of the Report of the Fund of state property of
Ukraine about fulfillment of the "State privatization program for the
years 2000-2002" in 2002 have sent its decision to the Accounting
Chamber concerning examination of employment of budget funds by the Fund of
state property.
Budget committee has considered the information of the
Accounting Chamber concerning examination of employment of state budget
funds, assigned to the Ministry of Health Protection of Ukraine for provision
with insulin of diabetic patients. In the process of consideration there have
arisen additional questions and the Committee approved a decision about the
necessity of rendering of additional information. The Accounting Chamber has
sent this information.
Working groups with participation of people's deputies - members
of the Budget Committee on 11.06.2003 had a meeting in order to
discuss the following: "About employment of state budget funds by the
State highway service by the budget programs in 2002 and first quarter of
2003 and directions of spending of funds in the current and next year",
during the meeting a number of propositions of the Accounting Chamber have
been supported.
Committee of ecological policy, nature management and
liquidation of the consequences of Chernobyl disaster has considered the
information about results of the examination of efficacy of management of forest
resources of Carpathian region. Decision № 451 "About results of the
examination of efficacy of management of forest resources of Carpathian
region on the basis of information rendered by the Accounting Chamber"
has been approved. Propositions of the Accounting Chamber have been supported
in this decision and the Cabinet of Ministers of Ukraine has been entrusted
to provide their fulfillment. Besides, changes to the new edition of the
Forest codex have also been made.
Committee of fuel and energy complex, nuclear policy and
nuclear safety has considered the execution of the Law of Ukraine as of
18.12.96 № 612/96-VR "About ratification of the Agreement between
Ukraine and IBRD about provision of the loan for the project of
development of power industry market". The Committee supported
proposals of the Accounting Chamber, which relate to solution of problems
with settlement of accounts of electrogenerating companies due to the loan of
IMRD and has approved the draft resolution of Verkhovna Rada of Ukraine about
creation of the temporary investigative commission to clear out the reasons
of appearance of the accounts payable.
Committee of financial and bank activity having processed
the information from the Accounting Chamber concerning examination of
employment of state budget funds, assigned in 2002 and 1st half of
2003 for provision of functional activity of the State customs service of
Ukraine, informed about creation of the working group for preparation of
consideration of this question at the meeting of the Committee.
According to results of examination of employment of State
budget funds by the institutions of reserve fund, on 16.04.2003 the Committee
of Verkhovna Rada of culture and spirituality has carried out a
meeting.
By the results of examination of employment of state budget
funds for sanatorium treatment and recovery of people with disabilities and
war veterans, to discuss the problems of their social protection on
21.10.2003 took place a meeting of the Committee of Verkhovna Rada of
Ukraine of pensioner, veteran and invalid affairs, on 11.12.2003 -
parliament hearings "About provision in Ukraine of social, economic,
legal and constitutional guarantees in the sphere of social protection of war
veterans, determined by the current legislation", which resulted in
approval of the resolution of Verkhovna Rada of Ukraine as of 11.12.2003 №
1390-ІV.
There have been prepared a number of materials for the Temporary
investigative commission of Verkhovna Rada of Ukraine dealing with effective
employment and return of the foreign credits, received under the guarantees
of the Government of Ukraine, and clarification of the reasons of
indebtedness by the credits, received by the State or under the state
guarantees.
Proposals of the Accounting Chamber concerning correction of
disadvantages and increase of the efficacy of employment of state budget
funds have been considered not only by Verkhovna Rada of Ukraine in
approvement of lawmaking documents for a financial year, but have also been
taken into consideration in preparation of the Edicts of President of
Ukraine.
Thus, the Conclusions of execution of the State budget of
Ukraine for the first half of 2003 postulate that approvement by the
Government of the certain decisions concerning changes of assignment of
state budget funds creates conditions for their illegal and groundless
employment. The Cabinet of Ministers of Ukraine by its order as of
13.06.2003 № 355 "About the offset of debt for import of corn seeds of
the company "Pioneer Hi-Bred International, inc" changed the
direction of employment of funds and entrusted the Ministry of Agricultural
Policy of Ukraine to transfer 461 thousand USD (about 2.4 mln UAH) for
the offset of debt, which appeared in 1993 in connection with non-fulfillment
by the State association "Ukragrohim" of its liabilities by the
agreement for the delivered corn seeds. Thus, budget funds are directed for
the measures, not provided by the Program "Grain - 2000-2004".
The same Order, the Cabinet of Ministers of Ukraine has
approved on 17.07.2003, № 423-р "About offset of debt towards the firm
"Industrialexport S.A.", by which agreed with the proposition of
the Ministry of Fuel and Energetic to transfer 5.5 mln USD according
to the official rate of exchange, established by the National bank of Ukraine
for the previous of the day of payment day, for the offset of debt
towards the firm "Industrialexport S.A." (Romania)
for the pumps, which have been received by enterprises of coalmining
industry within 1992-1993, as a part of assignments by the budget program
"State support of construction and technical reequipment of coal mining
enterprises, brown coal and peat".
By the Order of the President of Ukraine as of 18.09.2003 №
1049, the Order of the Cabinet of Ministers of Ukraine as of 17.07.2003
№ 423-р is cancelled as those, which was approved by the Government violating
the general principles of execution of the State budget of Ukraine,
determined by the Budget codex of Ukraine, stipulating that budget funds are
to be employed only for purposes, determined by the corresponding budget
assignments and by the Law of Ukraine "About the State budget of Ukraine
for the year 2003", which does not provide funds for the purposes,
mentioned in the order of the Cabinet of Ministers of Ukraine.
By results of examination and analysis of legality and efficacy
of employment of state budget funds, performed by the Accounting Chamber,
assigned for fulfillment of land reform, delivery of the state acts for the
right of property for land and protection and rational use of lands within
the years 2000-2002 and 1st quarter of 2003, there has
issued the Order of President of Ukraine as of 06.06.2003
№ 485 "About decision of the Council of the national safety and defense
of Ukraine as of 6 June, 2003 "About the urgent measures concerning
increase of the efficacy of minerals exploitation in Ukraine".
Basing on the Conclusions of the Accounting Chamber concerning
examination of employment of the budget funds within 2001-2002, assigned for
fulfillment of measures of the National program of restoration of environment
of Azov and Black seas, President of Ukraine, by the Order as of 17.12.2003 №
1456/2003 "About the urgent measures concerning improvement of
protection and exploitation of land in Autonomous Republic of Crimea",
entrusted the Cabinet of Ministers of Ukraine to take appropriate measures
concerning target employment of land in Autonomous Republic of Crimea,
especially of natural reserves, lands of sanitary and recreation
appropriation, and to develop a draft law about the special regimen of exploitation
and protection of the lands of the Southern coast of Crimea and created
Commission for examination of the state of protection and rational use of
land in Autonomous Republic of Crimea.
President of Ukraine, according to results of the audit of efficacy
of management of forest resources of Carpathian region, fulfilled by the
Accounting Chamber, signed to Orders - as of 05.01.2004 № 1 "About the
measures of strengthening of the state control in the sphere of protection,
defense, exploitation and restoration of forests" and as of 07.02.2004 №
171 "About additional measures for development of forestry".
Materials of examination performed by the Accounting Chamber
have been employed in preparation for the meetings of the Council of national
security and defense (CNSD) of Ukraine.
Thus, materials of the Accounting chamber concerning efficacy of
employment of budget funds, assigned for accumulation of minerals, have been
used in preparation to the meeting of CNSD, which has taken place on
06.06.2003 "About the urgent measures concerning increase of the
efficacy of minerals exploitation in Ukraine". At the meeting of CNSD
there was decided to dismiss the Minister of defense of Ukraine Shkidchenko
V.P. Chairman of the Accounting Chamber, Simonenko V.K., took part in this
meeting.
The Accounting Chamber have prepared materials about employment
of budget funds, assigned for the needs of agriculture within the years
2002-2003, in particular, for the purchase of food in the system of state
reserve for the meeting of CNSD as of 21.10.2003. First Deputy of Chairman of
the Accounting Chamber, Malikov V.V., took part in this meeting.
Materials of the Accounting Chamber have been considered and
provided grounds for the Cabinet of Ministers of Ukraine to approve a number
of resolutions and orders concerning the course of budget process.
Thus, by the resolutions as of 16.01.2003 № 39 "About the
measures concerning mobilization of revenues to the state budget in 1st
quarter of 2003" and as of 17.07.2003 № 1093 "About measures
concerning mobilization of revenues to the state budget in 3rd and
4th quarters of 2003", in order to provide execution of the
revenue part of the state debt in 2003, are confirmed the tasks of
mobilization of taxes, charges (obligatory payments) and offset of the tax
debt.
The Government has entrusted:
-
Ministers, heads of the other central executive power authorities to consider
urgently and to approve for the year 2003 financial plans of the state
enterprises, which are under jurisdiction of the Ministries, other central
executive power authorities and open joint stock companies, with the state
share of stocks of the statutory fund comprising 50% plus 1 stock and to
submit generalized materials concerning approvement of the annual financial
plans to the Ministry of Economy and European Integration of Ukraine till
01.02.2003;
- State tax
administration of Ukraine to submit weekly the information concerning
mobilization of revenues to the state budget and offset of the tax debt and
monthly - personified indexes of intakes to the state budget and offset of
the tax debt of gross tax payers to the Ministry of Finances of Ukraine and
other central executive power authorities, as well as to consider at the meetings
of the working group the coordination of activities of the central executive
power authorities concerning provision of tax and other intakes, provided by
the state budget, the state of execution of the approved amounts of intake
of taxes, charges (obligatory payments), and to inform concerning the
results of their consideration the Cabinet of Ministers of Ukraine and to
make proposal concerning possible measures of mobilization of revenues to the
state budget;
- Fund of the
State property of Ukraine, State committee of statistics of Ukraine, State
tax administration of Ukraine, Ministry of Economy and European Integration
of Ukraine to fulfill in a month term the work concerning ordering of the
accounting of enterprises with a part of state property, of the ministries
(other central executive power authorities) and local executive power
authorities;
- State tax
administration of Ukraine to work more intensively for provision of intakes
of funds to the state budget, acquisition of taxes, charges (obligatory
payments) by means of employment of the procedure of bankruptcy according to
regulations of the current legislation, to inform each month about results of
the Cabinet of Ministries of Ukraine and to provide submission till 25th of
each month, which follows the accounting month, to the Ministry of Finances
of Ukraine of information about the state of charges and taxes, charges
(obligatory payments) payment, to the budget by the kinds of taxes, by
different districts, gross tax payers, ministries, by kinds of economic
activity, which is controlled by the State tax administration and State tax
service of Ukraine.
The new working group for coordination of activities of the
central executive power authorities concerning provision of tax and other
kinds of intakes to the state budget is created according the Order of the
Government as of 26.03.2003 № 383 "Some aspects of coordination of
activities of executive power authorities concerning provision of tax and
other kinds of intakes to the state budget".
To increase the efficacy of management of the corporative
rights of the State by the Cabinet of Ministries of Ukraine, taking into
consideration remarks and proposals made by the Accounting Chamber by the
results of analysis of efficacy of management of the state property and
compliance with the current legislation while creation and management
of state (national) joint stock and holding companies, there was developed a
set of normative acts, which define respective powers for management of corporate
rights of the State, in particular:
-
Decree as of 07.03.2003 № 301 "About declaration of some Acts of the
Cabinet of Ministers of Ukraine as such, that lost their powers",
according to which the functions of management of the state corporate rights
of central and local bodies of executive power are imposed on the Fund of the
State Property of Ukraine;
-
Decree as of 31.03.2003 № 415 "About provision of authorities to
Ukrzaliznitsya for management of the state corporate rights of open joint
stock companies";
-
Decree as of 02.06.2003 № 818 "About introduction of changes to the
list of acts of the Cabinet of Ministries of Ukraine, that lost their
powers", which deprived the local state administrations of powers to
manage the state corporate rights concerning management of state share
holding of some of the enterprises, because of their low efficiency.
-
Regulation as of 06.08.2003 № 479-р "About transfer of authority to
manage state corporate rights of OJSC "Equipment-producing plant
"Sokil" to NSAU.
By the Order of the Government as of 28.03.2003 № 175-р to
obligate the State Communications Committee of Ukraine to provide and
transfer in a two day term to the dollar account of the State Treasury of
Ukraine 100% of the funds from selling of part of the statutory fund of of Joint Enterprise "Ukrainian mobile communication", which belong to OJSC
"Ukrtelecom".
By the Order of the Government as of 27.06.2003 № 973
"About changes to the certain orders of the Cabinet of Ministers of
Ukraine" there was reviewed the list of the priority kinds of economic
activity in special economic zones and territories with a special regiment of
investment activity.
A number of standard acts of Cabinet of Ministers of Ukraine
concerning regulation of the problem of clearance by the credits acquired by
the State or under the state guarantees have been approved. These are the
following:
about
breaking of the actual law by State Customs Service of Ukraine upon the
purchase of computer equipment at the expense of budget funds.
The results of examination of the mentioned materials have not
been reported by law enforcement authorities, because it is not provided by
the current legislation.
As a whole, it is necessary to mention that the response of the
Cabinet of Ministers of Ukraine on information from the Accounting Chamber on
financial year has become more constructive and efficient. The appeal of Head
of the Accounting Chamber to Prime Minister of Ukraine with the letter
"About improvement of collaboration with the Cabinet of Ministers of
Ukraine for elimination of violations in employment of state budget funds,
revealed by the Accounting Chamber", which was perceived positively by
administration of the Cabinet of Ministers of Ukraine, contributed to this
point of view.
The Cabinet of Ministers of Ukraine has created the efficient
system of consideration of conclusions and proposals of the Accounting
Chamber: in certain questions, responses are sent to the Accounting Chamber
directly by the Ministers, copies of letters of attorney, the practice of
participation of main controllers at the meetings of governmental committees
over the consequences of consideration of results of examinations of the
Accounting Chamber in especially important questions is being implemented.
39 Conclusions of the Accounting Chamber have been sent
within the accounting period for consideration of the central executive power
authorities, enterprises and organizations.
Answers for 36 Conclusions have been received, for 2
- term of reaction has not expired.
As of the date of 11.02.2004 reaction for the Conclusion
of the Board of the Accounting Chamber by the results of examination of
employment of state budget funds, assigned for partial compensation of the
value of heavy machinery of domestic production and development of
machinery for agriculture (considered by the Board on 04.02.2003) - from the
Ministry of Agrarian Policy of Ukraine has not been received.
Besides, from the received responses only 5, that
comprise 13%, have been received in accordance with the determined by
the Law of Ukraine "About the Accounting Chamber" terms, others -
with violation of termsв (from 1 week to 5 months).
All the responses, received on the Conclusions of the Board
of the Accounting Chamber, are described by the careful attitude to the
revealed by the Accounting Chamber violations. The majority of them contain
information about the developed measures of elimination of deficiencies, approved
orders about the taken measures. Further directions of solving of problems,
revealed by the Board of the Accounting Chamber are determined in all the
responses.
Analysis of reaction on conclusions and proposals of the
Accounting Chamber of the central executive power bodies, enterprises and
organizations for the accounting period provide a possibility to make a
decision, that presented by the Accounting Chamber facts, based on the
results of control measures, performed in the accounting year are of more
distinct, demonstrative character and are necessarily substantiated.
Activity of the Accounting Chamber in 2003 concerning control
of the realization of proposals, made in Conclusions of the Accounting
Chamber on the basis of the results of analytical and expert measures, was
one of the priorities. From year to year, this kind of activity acquires more
systematic and effective character.
3. Development and Specification of Legal Regulations of Functioning of
The Accounting Chamber
In 2003 work concerning processing of law projects and
preparation of legislative proposals dealing with improvement of law projects
of Ukraine and other normative Acts on issues of state budget and finances of
Ukraine and also of legal regulation of activity of the Accounting Chamber
was carried out by the Accounting Chamber.
The Accounting Chamber paid great attention to the issue of
legislative formation of the system of state audit institutions. The law
about the system of state audit institutions in Ukraine, which should ensure
authority of the Accounting Chamber in full measure according to legislation,
should become the basis for creation of the system of audit institutions.
During round-table discussion on the topic "Institutional
Development of the Accounting Chamber in the System of Demands of
International and European Standards" which took place at the Verkhovna
Rada of Ukraine on June 4, of 2003, the Accounting Chamber laid stress on
necessity of development of conception of the state financial control, passage
on its basis of basic law about system of state financial control and
specification of competence and regime of activity of audit institutions in
sectoral laws basing only on its founding norms. Conception of the law of
Ukraine about system of state financial control in Ukraine should consist in
creating of integrated system of state audit institutions including
determination of their juridical status, delimitation and prevention of
duplication of functions and authorities, principles of co-operation between
these institutions and also co-operation with other institutions of state
power and local self-government, law machinery, status and guarantees of
independence of its workers.
This issue was also touched by Accounting Chamber during the
international conference "Role and Significance of Financial Control in
the Improved System of Management of State Finances: Function of Parliament,
Internal and External Audit" which took place on the 4th and 5th
of April 2003 and during scientific and practical seminar "Problems of
Practical Application and Improvement of Legislation of Ukraine with the
Purpose of Prevention, Investigation and Legal Prosecution of Corruption
Infringements of Law" from May 15, 2003.
Position concerning the necessity of working out of general
conception of system of state financial control and to pass on its basis the
founding legislative act and later on to work out other special laws with the
purpose of development of its norms was stated by Accounting Chamber in its
letter to Committee of the Verkhovna Rada on Issues of Finances and Bank
Activity from June 12, 2003 №10-860.
Accounting Chamber also paid attention to necessity of
legislative consolidation of system of internal and external control in
Ukraine in the letter to the First Vice-Prime Minister of Ukraine and
Minister of Finance of Ukraine M.Ya. Azarov from November 17, 2003. It
concerned the Strategy of Development of System of State Financial Control.
On January 1, 2003 projects of laws concerning system of
state financial control "About System of State Financial Control of
Ukraine" (registration № 1131 from June 3, 2202) submitted by
Peoples' Deputy of Ukraine Yu.A. Karmazin and "About Financial
Control" (registration № 1131-1 from August 30, 2002) submitted by
the Cabinet of Ministers of Ukraine were under consideration at the Verkhovna
Rada of Ukraine. Bills studied by Accounting Chamber, observations and
proposals to them were sent to the Committee of the Verkhovna Rada of Ukraine
on Issues of Finances and Bank Activity.
On the whole Accounting Chamber supported the Bill of Ukraine
"About System of State Financial Control in Ukraine" submitted
by People's Deputy of Ukraine Yu.A. Karmazin and supposes that this
bill can be taken as the background for working out of normative basis of
system of state financial control in the country. This Bill determines system
and structure of state audit institutions, competence and regime of their
co-operation. Proposals as for some regulations of the Bill, sent to the
Verkhovna Rada of Ukraine, deal with ensuring of authority for audit
institutions, in particular for Accounting Chamber in full measure according
to current legislation.
As the Bill of Ukraine "About Financial
Control", submitted by the Cabinet of Ministers of Ukraine,
includes number of regulation that contradict demands of the Constitution of
Ukraine, first of all in the part dealing with role and position of
Accounting Chamber in the system of financial control, Accounting Chamber
voiced a proposal concerning rejection of the mentioned Bill by the Verkhovna
Rada of Ukraine.
Mentioned law projects are included into the order of the
day of the fifth session of the Verkhovna Rada of Ukraine of the fourth
calling for consideration during full assemblies.
In 2003 Accounting Chamber continued work over legislative
proposals to the Bill of Ukraine "About Introducing Changes to the
Law of Ukraine "About State Control and Auditing Service in
Ukraine" (registration № 0969 from May 14, 2002), passed on February
7, 2002 during the first reading by the Verkhovna Rada of Ukraine of the
third calling.
Accounting Chamber insisted on necessity of working out of
general conception of system of state financial control on the background of
which basic law about system of financial control should be passed, and only
after that to work out other special laws with the purpose of development of
its norms.
The thought as for impossibility of introducing of the Bill
concerning control and auditing service for consideration by the Verkhovna
Rada of Ukraine without working out conception and basic law, which should
regulate creation in Ukraine of integrated system of state audit institutions
including determination of their juridical status, delimitation and
prevention of duplication of functions and authorities of existing audit
institutions, co-operation between them and with bodies of state power and
local self-government, law machinery and other issues concerning carrying out
of such control, were expressed.
Accounting Chamber repeatedly sent to the Verkhovna Rada of
Ukraine observations concerning disagreement as for granting of the status of
central body of state executive power to State Committee on Issues of
Government Financial Control. Accounting Chamber insists upon suggested by it
earlier determination of the status of State Committee on Issues of
Government Financial Control as a special body of government financial
control, activity of which is directed at ensuring of internal financial
control in the system of executive power.
Proposals of Accounting Chamber are under processing at
the Committee of the Verkhovna Rada of Ukraine on Issues of Finances and Bank
Activity.
Special attention was paid to law projects about introducing
changes to Budget Code of Ukraine. Resumptive table of changes
suggested by Peoples' Deputies of Ukraine as for current Budget Code of
Ukraine was made in Accounting Chamber and work concerning their
consideration and introducing corresponding proposals was begun.
Proposals to the bill of Ukraine "About Introducing
Changes and Additions to Budget Code of Ukraine" (registration № 2368
from November 4, 2002) concerning consolidation of definitions of internal
and external state financial control in the Law were sent to the Verkhovna
Rada of Ukraine on February 12, 2003. In particular it is mentioned that
external financial control over fulfillment of State Budget of Ukraine on the
basis of and within the framework of authorities and in the way envisaged by
the law, is carried out by Accounting Chamber. Central Control and Auditing
Board of Ukraine carries out internal control.
Sending of generalized results of accounts about carried out
inspections to Accounting Chamber by State Control and Auditing Service was
also suggested.
Proposals are under processing at the Committee of the
Verkhovna Rada of Ukraine on Issues of Budget.
In connection with the thought of Accounting Chamber that
suggested by the Bill of Ukraine "About Introducing Changes and
Additions to Budget Code of Ukraine" (registration № 2139 from
September 6, 2002) amendment of article 2 with paragraph 4A about budget of
local budgets development is unjustified as long as current Budget Code of
Ukraine includes article 71 "Budget of Local Budgets Development".
It is impossible to agree with the proposal concerning changing of part 1 of
article 13 which envisages that "budget may consist of general, special
and reserve funds" with simultaneous exclusion of article 24
"Reserve Fund of Budgets" from current version of Budget Code of
Ukraine,
On March 20, of 2003 the Accounting Chamber sent
a letter to the Committee of the Verkhovna Rada of Ukraine containing
proposal about inexpediency of introducing of mentioned changes to Budget
Code of Ukraine.
The Bill of Ukraine "About Introducing Changes and
Additions to Budget Code of Ukraine" (registration № 1165 from
November 21, 2002) concerning granting the status of head manager of
funds to centers of retraining and professional development of workers of
bodies of state power, bodies of self-government, heads of public
enterprises, establishments and organizations also was not
supported, on March 20, 2003 the Accounting Chamber sent a letter to
the Committee of the Verkhovna Rada of Ukraine on Issues of Budget containing
proposal concerning rejection of the mentioned Bill by the Verkhovna Rada of
Ukraine.
Observations concerning the Bill of Ukraine "About
State Debt" dealing with introducing of additions concerning
listening of reports by the Verkhovna Rada, information of Accounting Chamber
about condition of control over state debt, informing by Agency of Management
of State Debt of Accounting Chamber about facts of excess of limits of
borrowing by bodies of self-government, sending bulletins concerning list of
state debt, information of Ministry of Finance addressed to Accounting
Chamber concerning volume and structure of state debt and actions
directed at its paying off and attendance were sent to the Verkhovna Rada of
Ukraine by Accounting Chamber on June 17, 2003. It was also suggested to put
definition of the term "state debt" according to Budget Code of
Ukraine, to introduce new articles "Restructuring of the Debt" and
"Program of State Borrowings", to put article "Authorities of
Accounting Chamber" in a new version etc.
Proposals are under processing at the Committee of the
Verkhovna Rada of Ukraine on Issues of Finances and Bank Activity.
Observations concerning project of decree of the
Verkhovna Rada of Ukraine "About Passage of Regulation about the
Committee of the Verkhovna Rada of Ukraine on Issues of Combating Organized
Crime and Corruption" concerning necessity of working out in detail
of forms of carrying out by Committee of Control over Expenditure of Budget
Funds including secret outgoings having envisaged its carrying out by
corresponding state audit institutions were prepared and sent.
On March 13, 2003 proposals were sent for processing to
the Committee of the Verkhovna Rada of Ukraine on Issues of Combating
Organized Crime and Corruption.
The process of legislative regulation of activity of
Accounting Chamber is rather complicated and isn't accomplished at the
moment. Impediment in passing of new version of article 98 of the
Constitution of Ukraine according to which Accounting Chamber will carry out
parliamentary control over forming and fulfillment of State Budget of Ukraine
and local budgets in the part of financing of authorities of local state
administrations and delegated to local self-government authorities of bodies
of executive power regarding incomes and outgoings is to a considerable
degree an obstacle to this.
The Verkhovna Rada of Ukraine passed the Law of Ukraine
"About Introducing Changes to Article 98 of the Constitution of
Ukraine" № 2983-III on January 17, 2002. After signing of the
document by Chairman of the Verkhovna Rada the law was sent to the President
of Ukraine and sent back by him to the Verkhovna Rada on May 14, 2002 for
reconsideration.
On March 11, 2003 Constitutional Court of Ukraine made a
decision in the case of 73 Peoples' Deputies appealing to the court
concerning accordance of carried out by the President of Ukraine veto
touching passed by the Verkhovna Rada Law of Ukraine "About Introducing
Changes to Article 98 of the Constitution of Ukraine" and proposals to
it (case concerning the veto to the law about introducing changes to the
Constitution of Ukraine) to the Constitution of Ukraine.
Constitutional Court recognized that the veto interposed on
the Law of Ukraine "About Introducing Changes to Article 98 of the
Constitution of Ukraine" and sending it back for reconsideration to the
Verkhovna Rada of Ukraine corresponds the Constitution of Ukraine.
The Mentioned Law wasn't reconsidered by the Verkhovna Rada
of Ukraine.
For the present day the Bill of Ukraine "About
introducing Changes and Additions to the Constitution of Ukraine" (registration
№ 4105 from September 4, 2003) which suggests to put article 98
of the Constitution of Ukraine in such a version: "Control over
intake and use of funds of State Budget of Ukraine is carried out by
Accounting Chamber of Ukraine on behalf of the Verkhovna Rada of
Ukraine" was sent for consideration to the Verkhovna Rada of
Ukraine.
The Bill was previously passed by the Verkhovna Rada of
Ukraine on December 24, 2003.
Completed Bill "About Time-Limit of the Verkhovna
rada of Ukraine" (registration № 1039-dp from July 10, 2003) to which
Accounting Chamber submitted observation concerning simplification of the
procedure of spreading of materials of Accounting Chamber in the session hall
of the Verkhovna Rada of Ukraine, necessary consideration by profile
committees of the Verkhovna Rada of Ukraine of legislative proposals
concerning changes and additions to the law projects on issues of budget
submitted by Accounting Chamber, sending of conclusions on law projects
which envisage or cause new
incomes and outgoings in state or local budgets if it is necessary, expert
examination of law projects, participating of leadership of Accounting
Chamber in sittings of committees of the Verkhovna Rada of Ukraine etc. was
submitted by Peoples' Deputies of Ukraine - members of Committee on Issues of
Time-Limit, Deputy Ethics and Organization of Work of the Verkhovna Rada of
Ukraine for consideration by the Verkhovna Rada of Ukraine.
Observations were sent for processing to the Committee of
the Verkhovna Rada of Ukraine on issues of Time-Limit, Deputy Ethics and
Organization of Work of the Verkhovna Rada of Ukraine.
Observations and proposals to the Bill of Ukraine
"About Main Regulations of Carrying out of Control over Activity
of Subjects of Management in Ukraine" concerning including of
Accounting Chamber to the circle of subjects of control, ensuring authorities
for Accounting Chamber as a parliamentary audit institution according to the
Law of Ukraine "About Accounting Chamber" in full measure, and also
putting the Bill in accordance with Budget Code of Ukraine were sent to the
Verkhovna Rada of Ukraine on March 3, 2003.
Proposals are under processing at the Committee of the
Verkhovna Rada on Issues of Finances and Bank Activity.
Proposals to the Bill of Ukraine "About Main
Regulations of Parliamentary Control in Ukraine" deal with putting in
order position and role of Accounting Chamber in the system of parliamentary
control. In particular it is suggested to include Accounting Chamber in the
circle of subjects of parliamentary control and also to add norms concerning
juridical appealing of decisions of Accounting Chamber, co-operation between
the Verkhovna Rada of Ukraine and the subject of special parliamentary
control that is Accounting Chamber etc. to the Bill.
Proposals were sent for processing to the Committee of the
Verkhovna Rada of Ukraine on Issues of Policy of Law on June 10, 2003.
Proposals to the Bill of Ukraine "About
Carrying out of the Law of Legislative Initiative at the Verkhovna Rada of
Ukraine" dealing with sending law projects to Accounting Chamber by
Profile Committee of the Verkhovna Rada of Ukraine or by the Verkhovna Rada
of Ukraine for carrying out of their expert examination from the point of
view of their economic and financial foundation.
Proposals are under processing at the Committee of the
Verkhovna Rada of Ukraine on Issues of Time-Limit, Deputy Ethics and
Organization of Work of the Verkhovna Rada of Ukraine.
Proposals to the Bill of Ukraine "About Social
Control over Use of Funds of State and Local Budgets" deal with
exclusion of regulations concerning necessary carrying out of inspections
using information of natural and juridical persons by Accounting Chamber from
the Bill.
Proposals were sent for processing to the Committee of the
Verkhovna Rada of Ukraine on Issues of Budget on November 6, 2003.
Proposals to the Verkhovna Rada of Ukraine about introducing
changes to article 110 of the Budget Code of Ukraine concerning
granting Accounting Chamber with the right to ensure assigned on it functions
and authorities to form regional representative offices were initiated.
Proposals were sent for processing to the Committee of the
Verkhovna Rada of Ukraine on Issues of Budget on August 2o, 2003.
Totally the Accounting Chamber submitted 91 legislative
proposals to projects of laws of Ukraine on issues of state budget and
finances of Ukraine and legal regulation of activity of Accounting Chamber.
4. International Cooperation
Following norms of the Law of Ukraine "About the Accounting
Chamber of Ukraine", in 2003 complex of actions directed to the
development of international cooperation of Accounting Chamber was carried
out with the purpose of studying and further application of world's
experience in the field of state audit to the activity of the Accounting
Chamber.
During accounting period actions, aimed at effectiveness
increase in international cooperation of the Accounting Chamber, were
fulfilled according to the determined priorities in the following main
directions:
1. Development of
bipartite cooperation with foreign Supreme Audit Institutions (hereafter
- SAI).
2. Activity within
the framework of working teams and committees of International Organization
of Supreme Audit Institutions (INTOSAI) and European Organization of Supreme
Audit Institutions (EUROSAI).
3. Actions within
the framework of Council of Heads of Supreme Bodies of Financial Control of
CIS countries.
4. Improvement of
cooperation with international projects of technical assistance (The
Project of the United Nations Development "Respectability in
Practice", TACIS project "Audit of State Finances", project of
Swedish Institute of Public Administration (SIPU) "Support of the Reform
of Public Administration in Ukraine").
Within the framework of bipartite cooperation active
development of cooperation with SAI of neighboring with Ukraine states took
place namely with Hungary and Poland. Visits of official delegations of
Supreme Control Bodies of these countries to Ukraine helped to begin
bipartite relations between our institutions, and also to outline directions
of future parallel actions in the field of audit, exchange of experience and
information. Particularly the process of preparation for carrying out of
parallel audits of Carpathian region environment was begun with mentioned
SAI.
Consultations on issues of audit of environment were carried out
during the meetings of auditors of the Accounting Chamber with Byelorussian
and Russian colleagues. Particularly organization of carrying out of audit in
the field of solving problems of liquidation of accident at Chernobyl Atom
Electric Station consequences was discussed with the representatives of State
Financial Control Committee of Byelorussia. Methodology of carrying out of
parallel audit of the Azov and the Black Seas environment was co-ordinated
with the Accounting Chamber of the Russian Federation.
During accounting period relations with State Control of the
Lithuanian Republic became more substantial, especially regarding exchange of
experience on issues of reforming of system of financial control of the
countries of post-soviet territory in accordance with demands of EC. Mutual
interest of institutions as for further development of bipartite relations
resulted in Protocol of Intentions "About Cooperation between the
Accounting Chamber of Ukraine and State Control of the Lithuanian Republic"
signed by the parties.
The visit of National Audit Office of Bulgaria official
delegation to Ukraine became logical continuation of development of partner
relations between the institutions that had been formed during the last
years.
Representatives of the Accounting Chamber took active part in
actions, which were carried out within the framework of International
Organization of Supreme Audit Institutions (INTOSAI) and European
Organization of Supreme Audit Institutions (EUROSAI). Participation in conferences
of working teams and committees of these authoritative international
organizations gave specialists of the Accounting Chamber of Ukraine
opportunity to become acquainted with the latest methods of state audit in
the sphere of health protection, environment protection and system of
internal control evaluation.
During the 4th Council Session of Heads of Supreme
Bodies of Financial Control of CIS countries heads of SAI of CIS
countries exchanged opinions while discussing the main theme of the session:
"Necessity and problems of introduction of audit of effectiveness of
usage of budget funds s as a form of state financial control (its legislative
ensuring and frame standards of accomplishment of audit of effectiveness
fulfillment)".
During accounting period cooperation between the Accounting
Chamber, the Project of the United Nations Development "Respectability
in Practice: On the Way to Social Accountability and Security of People's
Rights" (founded in April 2002) and TACIS Project "Audit of State
Finances" (founded in July 2002) continued. According to the Agreement
between the Accounting Chamber and Swedish Institute of Public Administration
(SIPU), in 2003 long-term cooperation with the project "Public
Administration of Ukraine Reform Support" was completed; according to
the results of studying 35 members of the Accounting Chamber received
corresponding certificates.
An important evidence of effectiveness of cooperation with
mentioned projects became international conference "Role and
Significance of Financial Control in the Improved System of State Finance
Management: Function of the Parliament, Interior and Exterior Audit" (on
the 4 - 5th of April 2003, supported by TACIS); international
seminar of Swedish Institute of State Administration "Administration
Oriented towards Results" (May 22, 2003); round-table discussion
"Institutional Development of the Accounting Chamber in the System of
Demands of International and European Standards" (June 4, 2003,
supported by UNDP) with People's Deputies of Ukraine, officials of the
central bodies of executive power, representatives of diplomatic corps and
scientific institutions taking part.
Now one of the main tasks standing before the Accounting Chamber
in the field of cooperation with foreign Supreme Control Bodies is working
out of (in the process of bipartite consultations) constructive mechanism of
realization of determined complex of parallel and joint control and analysis
actions.
Direction of international cooperation of the Accounting Chamber
and study of world's experience in control and analysis work, introduction of
modern audit technologies into action, information product exchange and
professional relations sphere expansion is staying priority.
One of the priority directions of activity of the Accounting
Chamber of Ukraine is organization of system-defined, timely and objective
informing of general public about the state of budgetary discipline in
Ukraine.
Striving for clarity of control in the system of purposeful,
effective and legal usage of taxpayers' funds was first of all put into the
basis of this principle. Each citizen of the state should know how and where
funds paid by him in the form of tall age are directed and used, in which
direction and in what way the process of ensuring of financial control in the
field of budget is carried out.
Following article 98 of the Constitution of Ukraine and article
40 of the Law of Ukraine "About the Accounting Chamber", reasoning
from the position of clarity, openness and publicity, during 2003 the
Accounting Chamber constantly provided promulgation of materials about
carried out control-analytical and expert actions. Considered by the Board
issues found reflection in more than seven hundred publications on newspaper
pages, in fascicles of news agencies and broadcasts on radio and
television channels.
These publications appeared on the pages of such newspapers:
"Урядовий кур'єр"(Uriadovy Kuryer), "Голос України" (Golos
Ukrayiny), "Бизнес"(Biznes), "Україна-BUSINESS" (Ukrayina-BIZNES),
"Деловая Украина" (Delovaya Ukraina), "Аргументы и факты"
(Argumenty i Fakty), Кіевскій телеграфъ" (Kiyevskiy Telegraf), "Дзеркало
тижня" (Dzerkalo Tyzhnia), "День" (Den), "Хрещатик" (Khreshchatyk),
"Вечірній Київ" (Vechirniy Kyiv), "Киевские ведомости" (Kiyevskiye
Vedomosti), "Столичные новости" (Stolichnyye Novosti) and a lot of
others. Materials about the results of activity of the Accounting Chamber
were broadcasted by such channels: УТ-1 (UT-1), УТ-2 (UT-2), "Інтер"
("Inter"), ICTV, КДТРК (KDTRK), by the National Radio, were placed
on the Committee on the Issues of Budget of the Verkhovna Rada web-site, were
published by lots of internet editions.
Use of technical opportunities of the project UNDP especially
promoted delivering of the information about the results of control and
analysis activity of the Accounting Chamber. Within the framework of this
project a separate program "За великим рахунком" (Za Velykym Rakhunkom)
was created by "Студія Плюс" (Studiya Plius) jointly with the Accounting
Chamber. It began to come out first on the channel UT-1 and later, after
broadcasting on the channel UT-2, was recorded on the cassettes and
broadcasted by 25 regional TV studios. At the turn of the year channel UT-1
began to broadcast the program "За великим рахунком". Owing to promotion
of the project UNDP in coming out of this broadcast the Accounting Chamber
got permanent TV rostrum for promulgation of results of carried out
inspections and analysis for general viewer public.
General public practically for the first time was in so much
detail informed from the TV screen about the effectiveness of the use of
funds on financing national defense, custom house, work in alienation zone of
Chornobyl Nuclear Power Station, national preserves, health protection and
about other issues, on which the Accounting Chamber carried out control and
analysis actions. This telecast became permanent rostrum for leadership of
the Accounting Chamber and its departments and gave the opportunity to
deliver information about the institution's activity to general public.
Peoples' Deputies of Ukraine took part almost in every telecast
"За великим рахунком". In their interviews they referred to results of
inspections of the Accounting Chamber, informing in such a way their electors
about use of budget funds in our country.
TV-versions of the broadcast "За великим рахунком" about
activity of the Accounting Chamber promoted stirring up of work of
journalists of printing mass media. Each telecast increased the number of
their references to the materials of inspections of the Accounting Chamber
with the purpose of developing themes in further publications. Even such
sectoral editions as "Ваше здоров'я" (Vashe Zdorovya), "Ветеринарна
газета" (Veterynarna Gazeta) and others placed publications about the
results of carried out by the Accounting Chamber Inspections on their pages.
The visit of the Chairman of the Verkhovna Rada to the
Accounting Chamber promoted delivering of information about the activity of
the Accounting Chamber to general public. Ukrainian leading TV channels, news
agencies and printing agencies responded to this event.
Publications that appeared in such newspapers: "Голос
України", "Демократична Україна"(Demokratychna Ukrayina),
"Столичные новости", "День", "Сегодня"(Segodnia), "Україна
BUSINESS", "Киевские ведомости" and in fascicles of news agencies
"Інтерфакс-Україна" (Interfax-Ukrayina), УНІАН (UNIAN), "Українські
новини" (Ukrayinski Novyny) were devoted to this theme.
Active participating of representatives of mass media in press
conferences and briefings carried out by the Accounting Chamber of Ukraine
became the evidence of growing interest in results of control and analysis
activity. After the intercourse between auditors and journalists scores of urgent
materials appeared in the press:" Illegal Felling of Trees in
Carpathians Cost the State Almost 16 mln UAH"
("Хрещатик"), "Counted and Became Confused. Concrete
Facts of Abuse of Use of Funds assigned for Health Protection Were
Promulgated by AC" ("Голос України"), " Sensitive Point
of Budget" ("Аргументы и факты"), "Diabetes for the
Ministry of Health" ("Столичные новости"), "Bitter
Pill" ("Украинская инвестиционная газета") (Ukrainskaya
Investitsionnaya Gazeta), "Where do Assignments Get to" ("Урядовий
кур'єр"), "Reserve Fund as a Soaker"
("Україна-Business"), "Million UAH Every Day For Maintenance
of Ministry of Internal Affairs" ("Закон і бізнес") (Zakon i
Biznes), "The Accounting Chamber is Standing Guard Over Budget
Funds" ("Євробюлетень") (Yevrobuleten), "State's Chief
Auditor" ("Деловая Одесса") (Delovaya Odessa) etc.
Publications by the Chairman of the Accounting Chamber Valentyn
Symonenko "Pain" ("Зеркало недели") (Zerkalo Niedieli),
"My Party Is My Dignity" ("Столичные новости"),
"Constitutional Auditor" ("Кіевскій телеграфъ") had great
response in general public. They gave taxpayers the opportunity to get
objective information about budget process in Ukraine and its peculiarities.
Mass media paid considerable attention to the Constitutional
Court of Ukraine making Decision in the matter of seventy-three deputies
appealing to the court regarding constitutionality of the veto performed by
the President of Ukraine concerning adopted by the Verkhovna Rada of Ukraine
the Law "About Introduction of Amendments to the Article 98 of the
Constitution of Ukraine". A number of publications, particularly "The
First Amendment to the Constitution is Not Adopted" ("День"),
"The Veto is Recognized to Be Constitutional" ("Голос
України"), "Calculator is Changed For Abacus" ("Деловая
Украина"), "Nobody in the State Controls Profitable Part of
Budget" ("Демократична Україна"), "The Parliament
Postponed Consideration of the Law About Introduction of Amendments to the
Constitution About Widening of Authorities of the Accounting Chamber)
(Інтерфакс-Україна), appeared in periodicals. They once again attracted
Ukrainian taxpayers' attention to the urgent issue - carrying out of control
over profitable part of state budget.
During the year the Accounting Chamber continued to use
opportunities of cooperation with different projects acting in Ukraine (UNDP,
TACIS) for wider promulgation of its activity results.
Appropriate attitude to cooperation with representatives of
international institutions in Ukraine is based first of all on striving to
consolidate system of financial control in Ukraine taking into account
international experience and introduction of the principles of confirmation
of independent public and transparent control.
So with the help of Project UNDP round-table discussion
"Institutional Development of the Accounting Chamber in the System of
Demands of International and European Standards" was conducted by the
Accounting Chamber. This round-table discussion with People's Deputies, Biard
of the Accounting Chamber members, representatives of the projects UNDP and
TACIS taking part was directed to comparative analysis of our and world
practice in control over state finances.
It caused a lot of publications in mass media, leitmotif of
which was the theme of widening of authority of the Accounting Chamber and
creation of the mechanism of achievements of decisions of the Board of the
Accounting Chamber taking into account carried out inspections. Almost each
edition cited expressed by the Chairman of the Accounting Chamber thought:
"Without having authority to carry out control over forming of
profitable part of budget, off-budget funds, use of state property, one
cannot have pretensions of thorough control over state funds.
Another round-table discussion on the subject "System of
Parliamentary Financial Control" which had great response from the
direction of general public was conducted by the Accounting chamber jointly
with the Committee of the Verkhovna Rada on issues of finances and banking
activity and TACIS Project "Audit of State Finances". Such forms of
work promoted delivering of information about the activity of the Accounting
Chamber to taxpayers of our state.
Preparation and spreading of control actions results among
People's Deputies of Ukraine in the form of information bulletins is of
extraordinary importance in organization of publicity in the work of the
Accounting Chamber.
When People's Deputies had learned these documents, they were
used by journalists of lots of editions. They based their publications on the
basis of the results of carried out control and analysis actions.
Informational reason for the announcements of the Accounting
Chamber which saw the light of the day on newspaper pages and on web pages of
news agencies, were and are still staying materials of inspections and
analysis carried out by specialists of the Accounting Chamber. In other words
there is one subject and there are a lot of approaches of its results'
promulgation, and the Accounting Chamber strives to use this diversity.
During the year of 2003 it continued to improve mechanism of
publicity expansion. Besides conducting press conferences and briefings based
on results of control and analysis activity and visits of foreign auditors,
organization of meetings between the Chairman of the Accounting Chamber and
"The Guild of Editors-In-Chief" was also practiced. During them
open dialogue with chiefs of leading editions and TV-companies concerning
results of control and analysis activity of the Accounting Chamber was carried
on.
Information about the activity of the Accounting Chamber was
systematically and promptly placed on the Accounting Chamber web site on
which web page "News" was founded. Announcements concerning the
activity of the Accounting Chamber and photo-reports about the events were
placed on this page. It gave the opportunity to spread on-line information
about the activity of the Accounting Chamber in the Internet.
Nowadays the Accounting Chamber continues system-defined
introduction of the complex of modern forms and methods of work directed at
prompt and objective promulgation of auditor activity among wide range of
general public of Ukraine.
6. Provision of performance of the Accounting Chamber
6.1. Human Resources
Work in the sphere of Human Resources of the Accounting Chamber
in 2003 was carried out sticking to demands of the Laws of Ukraine
"About Public Service" and "About Combating the
Corruption". Its priority direction was organization of vacant seats
sticking to the competition procedure by highly skilled experienced officials
having economic and legal education with great experience of organizational,
control-inspectional and analytic work. Selection of candidates for
participating in the competition was carried out according to the typical
professional and qualification characteristics of State employee seats. As a
result of competition selection 29 persons were appointed. 26 persons were
appointed from the employment reserve.
On December 31, 2003 actual number of workers of the Accounting
Chamber was 316 persons; out of them 298 were State employees. It is 46
persons more than it was last year (55 persons were appointed and 13 left the
service). Employee turnover during the year came to 4,1 per cent, that is 7
per cent lower than in 2002 and that is no doubt a positive tendency.
Step-up is one of the main stimulatory reasons and it has
positive impact on decline of employee turnover. So 43 officials (14,4 per
cent of the general number of State employees) as those who were in
employment reserve and passed probation period were appointed to the higher
posts. Work on involving of talented youth (graduates from higher educational
establishments) in public service was carried out. On this purpose posts
"specialist of the second category" were provided in the list of
members of staff.
In 2003 high ranks of State employee were conferred to 125
officials (41,9 per cent), higher additions to salaries for fulfillment of
especially important work were instituted to 63 officials (21 per cent) and
official salaries of 36 officials were reconsidered and increased.
Qualitative staff of heads and specialists is characterized by
such indicators:
- 98,7 per cent
of State employees have complete higher education; 8 persons are studying at
higher educational establishments and getting higher education;
- According to
the qualification level 220 officials (73,8 per cent) have economic
education, 33 officials (11,1 per cent) have legal education and education of
45 officials (15,1 per cent) is technical;
- 1 Doctor of
Science and 11 candidates of science are involved in the work (4 per cent);
- 3 officials
have honorary title "Honored Economist of Ukraine".
These facts are evidence that the Accounting Chamber has capable
of functioning professional staff, which has high science and educational
level.
Stable employment core has been formed during 7 years of
existence of the Accounting Chamber. They are: 67 officials that are being
working for six and more years (21 per cent of State employees' actual
number), 94 officials having record of service in the Accounting Chamber from
three to five years (30 per cent) and 96 officials having record of service
of more than a year.
Organization of officials' qualification improvement still
stayed one of the main tasks of employee service. 85 State employees studied
at short-time seminars which were conducted in the Accounting Chamber; 12
State employees improved their qualification at seminars which were conducted
at other organizations on the territory of Ukraine; 44 officials were on
official journeys abroad with the purpose of improving qualification and
learning advanced experience of the work of Supreme Audit Institutions (SAI)
of the European countries. 29 out of them visited courses on the topic
"Audit of State Finances" which was organized by TACIS project.
6.2. Condition of Information-Analytical System and
Dataware of the Accounting Chamber
In 2003 works concerning creation of analytical constituent of
Information-Analytical System of the Accounting Chamber (IAS AC) that is
subsystems of on-line analysis and control over financial and economic rates
of state budget of Ukraine (FER) and monitoring of macroeconomic rates (MER)
were continued, improvement and further development of informational and
reference constituent of (IAS AC) was carried out and preparation works
concerning carrying out of modernization of local network of the Accounting
Chamber were fulfilled.
IAS AC as a modern automated informational-analytical system
gives officials of the Accounting Chamber the opportunity to receive in
on-line mode information about execution stage of State Budget of Ukraine,
materials of news and information-analytical agencies, to carry out
monitoring of current legislation in a legal field of Ukraine, receive messages
about earnings to information corpuses or to electronic informational
resources and others in real time.
During 2003 development of information-analytical and
informational and reference constituent of IAS AC went on. Complex of actions
concerning modernization of the firmware complex of data warehouse servers
was carried out. It allowed to increase operating speed of server devices
(subsystems FER and MER, system of automation of office work and documents
circulation (SAOWDC) "Дело-96" ("Dielo-96"), systems of
Internet access to informational resources.
Scientific and research works on development of subsystems of
monitoring of financial and economic and macroeconomic rates were carried out
within the framework of the National Program of Information at the expense of
costs, allotted from the State Budget of Ukraine for 2003 for its
realization. According to the direction of the Cabinet of Ministers
from July 17, 2003 "About Approval of the List of Tasks (Projects) of
the National Program of Information for 2003, their State Customers and the
Amount of Financing" 150.000 UAH were allotted to the Accounting Chamber
for fulfillment of the National Program of Information task. But the main
burden of introduction and application of the informational technologies lies
on account evaluation of the Accounting Chamber.
During 2003 research exploitation of the system
"Кадри" ("Kadry") was completed. It allows to get
different reference information concerning State employees in the electronic
form or on paper carriers, form the majority of statistic forms, carry out
inquiries follоwing free parameters, form information in the electronic form.
Condition of the operating local network of the Accounting
Chamber (LN AC) was analyzed. Preparation and carrying out of auction aimed
at purchase of modernization of LN AC was carried out on the basing of its
results.
System of receiving of great amount of financial
accounting, economic information, statistic information, corpuses and
bulletins and also periodicals was put in order. Besides that information
resources of the Accounting Chamber also include books, magazines,
reference books and standard-legal acts. So on January 1, 2004 the amount
of information resources ran up almost to 700.000 electronic
documents, daily intake of which constitutes 5-7 MB or 480-520 documents.
General number of titles of financial accounting, economic information,
statistic information, corpuses and bulletins constitutes almost 600 titles.
Periodicity of their receiving is from daily express bulletins to monthly,
quarterly and annual corpuses. During 1997-2003 in the library of the
Accounting Chamber over 31.700 units of financial and economic,
statistic, bank and standard-legal materials were amounted. At the
beginning of 2004 almost 140.000 units of materials of news and analytical
agencies and periodicals, informational compilations of international centers
of analysis of economy, finances and financial problems, Ukraine development
assistance programs, compilations of materials of control bodies of the
world's countries and also materials and documents of the Accounting Chamber
were gathered in the library. It is reached in particular due to organization
of informational cooperation and receiving of materials of financial,
bookkeeping, statistic and bank accounting from the State Committee of
Statistics, National Bank of Ukraine, State Fiscal Administration, the
Treasury, Ministry of Finance, accounts of head managers of budget funds and
other information of government bodies.
Number of visits to Web-server of the Accounting Chamber in
the Internet, in which information about its activity is regularly placed,
noticeably increased. The evidence of this is number of visits to it which at
the end of December exceeded 550.000 (in other words it was 300.000 increase
during a year).
Increasing number of placed materials concerning activity of the
Accounting Chamber especially bulletins which are published on the basis of
results of consideration of the materials concerning control and control-analytical
actions by Board of the Accounting Chamber was conductive to this.
Bulk purchase of services concerning working out and
introduction of Web-portal of the Accounting Chamber was carried out with
financial support of TACIS program and participation of UNDP program. This
working out should combine four-year experience of exploitation of Web-server
by the Accounting Chamber, experience of other state institutions of Ukraine
and foreign Supreme Control Bodies, demands of current legislation concerning
presentation of activity of state institutions in the Internet, modern
approaches to designing of Web-portals, total combination of new functional
opportunities including interactive communication with users.
6.3. Financial Provision and Development of Material and
Technical Resources
According to the Law of Ukraine "About State Budget of
Ukraine for 2003" expenditures on maintenance of the Accounting Chamber
were approved in the amount of 20.427.500 UAH.
Besides that according to the letter of the Verkhovna Rada of
Ukraine from November 24, 2003 № 06-9/9-977 volumes of financing within the
framework of the National Program of Information in the amount of 150.000
hryvnas for working out of information-analytical system of the Accounting
Chamber were approved for the Accounting Chamber.
Outlays on maintenance of the Accounting Chamber of Ukraine were
carried out following budget program 6511010 "Leadership and Management
in the Field of Control over Fulfillment of State Budget".
Within the framework of fulfillment of the program outlays were
carried out for such purposes:
1. Remuneration of labor for
officials of the Accounting Chamber.
2. Outlays on business trips
of officials of the Accounting Chamber.
3. Maintenance in a proper
condition and expansion of material and technical resources of the Accounting
Chamber.
Bulk purchase of material values and services for the needs of
the Accounting Chamber was carried out according to the Law of Ukraine
"About Bulk Purchase of Goods, Works and Services at the State
Costs", applying proper tender procedures.
4. Completion of
reconstruction of office block of the Accounting Chamber on 7a,
M.Kotsiubynsky Street.
5. Carrying out of the
Accounting Chamber international activity (dues payment to international
Supreme Audit Insitutions INTOSAI and EUROSAI, business trips abroad in the
network of agreements about cooperation and for participation in seminars,
outlays on financing of translation of corresponding materials etc.)
6. Information-analytical
ensuring of the Accounting Chamber (purchase of literature, subscription for
periodicals, electronic editions etc.), functioning of IAS AC (purchase of
expenditure materials, repair work, setting up of active systems,
installation of active software, payment for the Internet services, e-mail
etc.)
Outlays on realization of the national Program of Information
were carried out following budget program PDA 6511900 "Working out of
Information-Analytical System of the Accounting Chamber".
Outlays on usage of research engineering and development effort
on creating of the Accounting Chamber information-analytical system were
carried out within the framework of program fulfillment.
Fulfillment of Account Evaluation of the Accounting Chamber for
2003
|
№
|
Names of Outlays
|
CECO*
|
Amount
(thousand UAH)
|
|
PDA 6511010 "Leadership and Management in the Field of
Control over Fulfillment of State Budget"
|
|
1
|
Remuneration of labor for workers of budget institutions
(wage base according to fixed rate of salary)
|
1111
|
4679,1
|
|
2
|
Payments for temporary disabled
|
1113
|
68,5
|
|
3
|
Salary accounting
|
1120
|
1640,9
|
|
4
|
Goods, materials, equipment and inventory
|
1131
|
402,1
|
|
5
|
Upholstered furniture
|
1134
|
45,0
|
|
6
|
Payments for freight services and maintenance of means of
transport
|
1135
|
617,1
|
|
7
|
Current equipment, inventory and buildings repair and
equipment servicing
|
1137
|
932,8
|
|
8
|
Communication service
|
1138
|
228,9
|
|
9
|
Payments for other services and other outlays
|
1139
|
528,5
|
|
10
|
Outlays for business trips
|
1140
|
534,3
|
|
11
|
Payments for heat supply
|
1161
|
63,8
|
|
12
|
Payments for water supply and drainage system
|
1162
|
3,1
|
|
13
|
Payments for electric power
|
1163
|
60,2
|
|
14
|
Payments for other public utilities
|
1165
|
507,1
|
|
15
|
Researches and workings-out, state programs
|
1170
|
100,0
|
|
16
|
Other current transfers to inhabitants
|
1343
|
15,8
|
|
17
|
Current transfers abroad
|
1350
|
12,5
|
|
18
|
Purchase of equipment and goods of long-term usage
|
2110
|
1892,0
|
|
19
|
House-building (dwelling purchase)
|
2121
|
973,6
|
|
20
|
Thorough repair and reconstruction of administrative
establishments
|
2132
|
4556,6
|
|
21
|
Purchase of land and intangible assets
|
2300
|
397,0
|
|
|
Sum total
|
|
18256,1
|
*- code of economic classification of outlays
Nevertheless monthly boundary amounts of assignments of state
budget pool for 2003 sanctioned by the Ministry of Finance of Ukraine were
scheduled by it with the "inclination" in allotment of assignments
for the second half of the year. It noticeably complicated financial and
economic activity of the Accounting Chamber at the beginning of the year. So
for the first quarter only 13 per cent of annual assignments amount were
provided whereas for the fourth quarter this figure constituted 32 per cent.
Such order of financing resulted in carrying out of the main part
of purchases of material values for the needs of the Accounting Chamber in
October - December 2003 which, according to the Law of Ukraine "About
Bulk Purchase of Goods, Works and Services at the State Costs", were
carried out with application to tender procedures which takes a lot of time.
Reinforcement of material and technical resources of the
Accounting Chamber and improvement of working conditions of its specialists
went on during financial year.
According to directions of the Cabinet of Ministers of Ukraine
from October 20, 2000 № 414-r two-storied building on 7a, M. Kotsiubynsky
Street was handed over to the day-to-day management of the Accounting
Chamber. According to the Act from December 30, 2003 № 445 of the State
Entrance Examination mentioned office block with its widening including two
stories, underground car park and elevated pedestrian crossing between the
buildings on 7a, M. Kotsiubynsky Street, storage and auxiliary facilities was
placed in operation, which gave the opportunity to arrange 82 work places
additionally.
Taking into account arduous duty of work of the Accounting
Chamber attention was paid to the issues of medical care and sanitation of
workers of the Accounting Chamber in health centers and preventive
establishments.
In December 2003 health protection station which is providing
urgent medical care now was inaugurated in the building of the Accounting
Chamber.
* * *
Seven-year activity of the Accounting Chamber is evidence of
great interest to it from the direction of all branches of power and society
and increase of its authority in Ukraine and abroad.
Effective organization of state financial control is a
multipronged task and a lot of departments are enlisted to its practical
solution. Each of them has its powers and standards of responsibility. But
altogether they should constitute an integral system of state financial
control in our country.
Situation in management of budget funds compels to draw a
conclusion that not only the law "About the Accounting Chamber" but
also the law "About System of State Financial Control" is in need.
It is necessary to subdue lawful nihilism in the field of budget and to
create an integral system of financial control in our state.
Unfortunately it is a fact that a great amount of violations of law
in the field of budget is of system character and it is recurring constantly.
There has been no permanent legislation in modern Ukraine for decades. And
under such conditions assessment of legality, expediency and effectiveness of
state funds usage is a priority in the work of the Accounting Chamber.
Increase of activity effectiveness of the Accounting Chamber is
impossible without improvement of legal field of its functioning, absolute
solution of problems concerning obligatory response from the direction of
leadership of objects of inspections as for its official documents concerning
usage of budget funds and means of State off-budget funds.
Choice of the mode of development of the Accounting Chamber
today to a considerable degree depends on the Peoples' Deputies of Ukraine.
Pace of creation of a sole integral system of state financial control and
control over forming of profitable part of State Budget of Ukraine depends on
legislature.
Report of the Accounting Chamber for 2003 is approved by decree
of the Board of the Accounting Chamber from May 6, 2004 № 9-4.
List of Information Bulletins Prepared by
the Accounting Chamber on the Basis of the Results of Actions Carried
out in 2003 and Sent to the Verkhovna Rada of Ukraine
|
Issue 1
|
About the results of inspection of use of budget funds by
inner forces of the Ministry of Home Affairs of Ukraine
|
|
Issue 2
|
About use of funds of State Budget of Ukraine by educational
establishments for training specialists according to government work
|
|
Issue 3
|
About the results of inspection of use of funds of State
Budget of Ukraine allocated to the Ministry of Health Protection for
providing diabetes mellitus patients with insulin
|
|
Випуск 4
|
Information about the process of state programs of
privatization fulfillment on the basis of analysis of accounts of State
Property Fund of Ukraine
|
|
Issue 5
|
About the results of inspection of use of funds of State
Budget of Ukraine connected with construction and reconstruction of
highways of State use for 2002
|
|
Issue 6
|
About the results of inspection of use of budget funds
provided in 2001-2002 for fulfillment of government work concerning increase
of mineral resources
|
|
Issue 7
|
About the results of analysis of forming, re-calculation and
use of subvention from state budget by local budget provided by points 4
& 5 of the Law of Ukraine "About State Budget of Ukraine for
2002"
|
|
Issue 8
|
About the results of analysis of condition of normative and
lawful adjustment of relations which result from demands of Budget Code of
Ukraine and arise in the process of fulfillment of State Budget of Ukraine
by the Cabinet of Ministers of Ukraine, Ministry of Finance, the Treasury
of Ukraine and other bodies of executive power.
|
|
Issue 9
|
About the results of inspection of expediency and
effectiveness of expenditures of budget funds for actions connected with
cultural heritage preservation by Ministry of Culture and Arts in 2002
About the results of inspection and analysis of usage of
budget funds allocated in 2002 to the State Committee on issues of
Construction and Architecture for objects of historical-architectural and
architectural-historical heritage and preserves
About the results of inspection of usage of funds of State
Budget of Ukraine by establishments of natural and preserve fund in 2002
|
|
Issue 10
|
About the results of analysis of reasons and financial
consequences of restructuring of External Debt Instruments of Ukraine
concerning management bodies of foreign states-members of Paris Creditors
Club
|
|
Issue 11
|
Conclusions concerning fulfillment of State Budget of Ukraine
for 2002
|
|
Issue 12
|
About the results of inspection of use of reserve fund
resources of State Budget of Ukraine in 2002
|
|
Issue 13
|
About the results of inspection of use of state budget funds
in 2002 appointed for providing invalids with cars and prosthetic and
orthopedic devices
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Issue 14
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About the results of analysis of lawful and organizational
ensuring of fund market functioning and inspection of use of funds of State
Budget of Ukraine in 2002 by State Commission on issues of securities and
fund market of Ukraine
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Issue 15
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About the results of inspection of expenditures of State
Budget of Ukraine for attendance and paying off of the state debt and for
its control.
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Issue 16
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About the results of inspection of use of funds of State
Budget of Ukraine, allocated to the State Committee of Ukraine on issues of
Family and Youth in 2002
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Issue 17
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About the results of inspection of use of budget funds in
2001-2002 for carrying out of State Program actions concerning the Azov and
the Black Seas environment protection and revival
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Issue 18
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Conclusions and propositions on the basis of results and
expert examination of the project of the Law of Ukraine "About State
Budget of Ukraine for 2004"
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Issue 19
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About the results of analysis of use of state budget funds by
bodies of executive power in 2002
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Issue 20
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About the results of inspection of use of reserve fund
resources of State Budget of Ukraine allocated in 2002-2003 for
compensation of damages to workers of agriculture who suffered in consequence
of natural disasters in 2002.
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Issue 21
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About the results of inspections of use of funds of State
Budget of Ukraine directed at financing of actions connected with
compensation of debts for domestically produced agricultural machinery, partial
compensation of costs of working out and creating of domestically produced
machinery and support of domestic machine building for the agro industrial
complex
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Issue 22
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About the results of inspection of use of funds of State
Budget of Ukraine allotted for foreign policy activity in 2002 by Ministry
of Foreign Affairs
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Issue 23
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About the results of analysis of condition of fulfillment of
Complex measures directed at all-round development of the Ukrainian
language, planning and use of funds of State Budget of Ukraine for its
introduction.
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