ESR
2.4.4.1. Legislation has been amended to introduce incentives for the private sector to improve business integrity
Problem solving:
2.4.4. A high level of tolerance of corruption in the private sector of the economy
Deadlines for all measures within ESR
01.03.2023 -
31.12.2025
Implementation of SACP measures within ESR
Total number of measures –
15
6
1
2
4
2
Implemented
Partially implemented
In progress
Not implemented
Not started
Implementation of SACP measures within the scope of the Problem by main main performers
National Agency on Corruption Prevention
33.3%
3
National Anti-Corruption Bureau of Ukraine
66.7%
3
Ministry of Finance of Ukraine
66.7%
3
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
0%
3
Ministry of Economy of Ukraine
50%
2
Ministry of Foreign Affairs of Ukraine
100%
1
Summarized general information on Measures
Indicators of achievement of ESR
Total number of indicators – 4
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 4
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
A law has taken effect, which has amended the Criminal Code and the Criminal Procedure Code of Ukraine and other laws to integrate the recommendations of the Organization for Economic Cooperation and Development, specifically by: a) expanding the grounds for imposition of criminal penalties on legal entities to include crimes of corruption committed not only by an authorized representative for and on behalf of the legal entity, but also by the ultimate beneficial owner (controller), a lower-level employee of the legal entity, and third parties (5 percent); b) providing for such a kind of a remedy under criminal law as restricting a legal entity from engaging a certain kind of activity (including by revoking a previously issued permit and/or license) (5 percent); c) providing for such a kind of a remedy under criminal law as imposing a compliance obligation on a legal entity, and compiling the list of such obligations (6 percent); d) allowing the court to exempt a legal entity from penalties under criminal law or mitigate the penalty imposed on the legal entity if the court has found that the compliance rules, mechanisms of internal control, and anticorruption program in place at the legal entity are effective, or that sufficient efforts were made to prevent the commission of the crime of corruption (6 percent); e) granting the court powers to impose specific obligations on a legal entity, so that when such obligations are performed the legal entity will not be criminally prosecuted (6 percent); f) providing for the possibility of legal entities entering into an agreement on deferral of judicial prosecution (6 percent); g) setting forth the requirements for the agreement on deferral of judicial prosecution (6 percent). |
40% |
| 2 |
A law has taken effect, which has amended the legislation for the purposes of approximation of its provisions with: a) OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL] (7 percent); b) OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163] (7 percent); c) OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)] (6 percent). |
20% |
| 3 | A law has taken effect, which has amended legislation for the purposes of implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. | 20% |
| 4 | The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions has been ratified. | 20% |