ESR
3.1.1.3.
The Law provides for the following fundamental principles of bringing individuals subject to this Law to disciplinary account:
the person who has grossly violated the requirements of the Law shall face disciplinary liability irrespective of whether or not a different kind of legal liability is prescribed for this violation, and irrespective of whether or not this violation is being examined as part of judicial proceedings under criminal, administrative, or civil law, irrespective of the stage of examination, and whether or not a final decision has been made in such cases;
Statutes of limitations for imposing disciplinary penalties on different categories of officials have been unified.
Problem solving:
3.1.1. Violations of the requirements of anticorruption legislation are not always treated as a disciplinary offense in practice; a large share of individuals subject to the Law of Ukraine On Prevention of Corruption manage to avoid disciplinary penalties
Deadlines for all measures within ESR
Implementation of SACP measures within ESR
Implementation of SACP measures within the scope of the Problem by main main performers
Summarized general information on Measures
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 on amendments to the Law has taken effect, which: a) defines the unified (general) grounds for disciplinary liability of officials performing the functions of state or local self-government where they have violated the requirements of the Law, which stipulate that: the officials performing the functions of state or local self-government who have violated the requirements of the Law shall face disciplinary liability irrespective of whether or not a different kind of legal liability is prescribed for this violation, and irrespective of whether or not this violation is being examined as part of judicial proceedings under criminal, administrative, or civil law, irrespective of the stage of examination, and whether or not a final decision has been made in such cases (10 percent); the absence of the National Agency’s opinion on whether or not the actions of this person show signs of corruption or a corruption-related crime shall not preclude these persons from being brought to disciplinary account (7 percent); the fact that an official performing the functions of state or local self-government has faced administrative, criminal, or civil liability for violations of the requirements of the Law shall not relieve this person of disciplinary liability for the same violation (7 percent); the immediate superiors as well as managers of agencies and institutions employing the individuals who committed such disciplinary offenses are obligated to initiate a relevant disciplinary proceeding within three business days from the day when the relevant grounds were discovered (7 percent); the term of disciplinary proceedings in cases involving violations of the requirements of the Law shall be at least one year from the day when this proceeding was initiated (7 percent); the statute of limitations for imposing disciplinary penalties for violations of the requirements of the Law shall be no less than three years from the day when the relevant offense was committed (7 percent); certain mandatory requirements with respect to the procedure for making the final decision based on the outcome of the disciplinary proceeding, as well as the principles of choosing the kind and mount of the disciplinary penalty, shall be prescribed by the Law (7 percent); b) establishes the rules of alignment of the provisions of the Law dealing with disciplinary liability with the provisions of sector-specific laws that define the general grounds and procedure for bringing different categories of officials performing the functions of state or local self-government to disciplinary account, according to which: such individuals shall face disciplinary liability in the manner prescribed by sector-specific legislation on the disciplinary liability of the relevant category of individuals (general regulation), taking into account the specific considerations prescribed by the Law (special regulations) (10 percent); if the same legal relationships are regulated differently, the special provisions of the Law shall be applied as they prevail over the general provisions of sector-specific legislation (8 percent). |
70% |
| 2 |
the results of the expert survey have demonstrated that: a) more than 75 percent of experts on the formulation and implementation of the legal policy evaluate the quality of legal regulation indicated in subclause 1 of clause 3.1.1.3 as high or very high (30 percent); b) more than 50 percent of experts on the formulation and implementation of the legal policy evaluate the quality of legal regulation indicated in subclause 1 of clause 3.1.1.3 as high or very high (20 percent); c) more than 25 percent of experts on the formulation and implementation of the legal policy evaluate the quality of legal regulation indicated in subclause [1] of clause 3.1.1.3 as high or very high (10 percent). |
30% |