ESR
2.1.3.6. Criminal prosecution mechanisms are not used to exert pressure on judges; the institution of criminal liability of judges for arbitrary abuse of their powers has been introduced
Problem solving:
2.1.3. Lack of effective mechanisms for maintaining the integrity of the judiciary and responding to established facts of influence, pressure on judges and interference in their activities
Deadlines for all measures within ESR
01.03.2023 -
30.09.2023
Implementation of SACP measures within ESR
Total number of measures –
1
1
Partially implemented
Implementation of SACP measures within the scope of the Problem by main main performers
National Agency on Corruption Prevention
100%
1
Summarized general information on Measures
| № | Name of the measure | The main implementer | Co-implementors | Performance indicator | Monitoring results (latest) | Статус |
|---|---|---|---|---|---|---|
| 1 |
2.1.3.6.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) institutes criminal liability for abuse of office by judges, while adhering to the principle of legal certainty and bearing in mind the legal position expressed in the Ruling of the Constitutional Court of Ukraine dated June 11, 2020, No. 7-r/2020; 2) defines the particulars of initiation of a criminal proceeding and conducting a pretrial investigation of criminal proceedings involving abuse of office by judges, which would make it impossible to use such proceedings to exert pressure on judges. |
National Agency on Corruption Prevention | Офіс Генерального прокурора, Національне антикорупційне бюро | The draft law has been submitted to the Parliament of Ukraine. |
The measure was implemented late and partially
|
Indicators of achievement of ESR
Total number of indicators – 2
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 2
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
A law has taken effect, which: a) institutes criminal liability for abuse of office by judges, while adhering to the principle of legal certainty and bearing in mind the legal position expressed in the Ruling of the Constitutional Court of Ukraine dated June 11, 2020, No. 7-r in the case brought by the constitutional petition of 55 people’s deputies of Ukraine on the compliance of Article 375 of the Criminal Code of Ukraine with the Constitution of Ukraine (constitutionality) (60 percent); b) defines the particulars of initiation of a criminal proceeding and conducting a pretrial investigation of criminal proceedings involving abuse of office by judges, which would make it impossible to use such proceedings to exert pressure on judges (20 percent). |
80% |
| 2 |
at least 80 percent of justice experts estimate that: a) the provisions of the Criminal Code of Ukraine establishing criminal liability for abuse of power by judges are aligned with the principle of legal certainty (5 percent); b) the provisions of the Criminal Code of Ukraine establishing criminal liability for abuse of power by judges factor in the legal position expressed in the Ruling of the Constitutional Court of Ukraine dated June 11, 2020, No. 7-r (5 percent); c) the provisions of the Criminal Code of Ukraine establishing criminal liability for abuse of power by judges do not jeopardize the independence of judges (5 percent); b) the particulars of initiation of a criminal proceeding and conducting a pretrial investigation of criminal proceedings involving abuse of office by judges completely or for the most part make it impossible to use such proceedings to exert pressure on judges (5 percent). |
20% |