Feedback from the public

ESR

3.1.1.4. It has been legislatively mandated that courts that have examined a case involving corruption or a corruption-related offense or a case involving unjust enrichment are obligated to send a copy of the legally binding decision in the case to the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was initiated

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

01.05.2023 - 31.10.2023

Implementation of SACP measures within ESR

Total number of measures – 4
1 3
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

State Judicial Administration of Ukraine

0%
1

Summarized general information on Measures

№ Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 3.1.1.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine the draft laws proposing amendments to the Criminal Procedure Code of Ukraine and the Code of Ukraine on Administrative Offenses, which stipulate that courts that have examined a case involving corruption or a corruption-related offense or a case involving unjust enrichment are obligated to send a copy of the legally binding decision in the case to the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was initiated National Agency on Corruption Prevention Міністерство юстиції України The draft laws have been submitted to the Parliament of Ukraine.
The measure was not implemented on time and in full
Implemented
2 3.1.1.4.2 Organizing proper performance by courts of Ukraine of legislative requirements, according to which courts that have examined a case involving corruption or a corruption-related offense or a case involving unjust enrichment are obligated to send a copy of the legally binding decision in the case to the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was initiated;
arranging the quarterly analysis of the status of performance of (compliance with) said requirements by courts, taking all the necessary measures towards ensuring unflinching observance of these requirements, including by bringing the guilty individuals to disciplinary liability 		State Judicial Administration of Ukraine Вища рада правосуддя, Рада суддів України 100 percent of final decisions in such cases are properly sent (with notice of service) to the relevant government agencies, local self-government bodies, enterprises, institutions or organizations.
The official website of the State Judicial Administration publishes a quarterly report on the status of observance of said legislative requirements. 		Not started
3 3.1.1.4.3 Arranging periodic analysis and consolidation of court decisions to hold individuals liable under criminal, administrative, or civil law for committing corruption or corruption-related offenses, including with respect to the sending of such decisions to the government agencies, local self-government bodies, enterprises, institutions, or organizations where this person worked at the time when such offenses were committed.
In each instance of discovering that such decisions have not been sent or have not been received, the National Agency shall:
1) bring this court decision to the knowledge of the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was examined;
2) initiates the issue of commencement of disciplinary proceedings against the relevant individuals with the entities authorized to do so;
3) contacts the State Judicial Administration, the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Council of Judges of Ukraine with a request to take measures against individuals guilty of violating the requirements to send such decisions (if such violations have been discovered). 		National Agency on Corruption Prevention The official website of the National Agency publishes a semiannual report on the status of observance of said requirements by courts and the measures taken towards ensuring their unflinching observance.
Implementation of the measure has not started
Not started
4 3.1.1.4.4 Supplementing the Procedure for Conducting Inspections of the Organization of Corruption Prevention and Detection Workflows, approved by the order of the National Agency dated January 18, 2021, No. 11/21, with a stipulation that the National Agency shall conduct inspections into observance by managers of the entities being inspected of legislative requirements pertaining to disciplinary liability of their subordinates who committed corruption or corruption-related offenses.
Upon discovery of each fact that managers of the relevant agencies have failed to take measures towards bringing their subordinates to disciplinary liability, the National Agency shall take every measure towards bringing such managers to disciplinary and administrative liability. 		National Agency on Corruption Prevention The Procedure provides for the relevant obligation.
The National Agency conducts a relevant inspection as part of each scheduled or unscheduled audit with respect to each manager who failed to take the appropriate measures; the issue of bringing the manager to disciplinary and administrative liability has been initiated. 		Not started

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 The laws amending the Criminal Procedure Code of Ukraine and the Code of Ukraine on Administrative Offenses have taken effect, which stipulate that courts that have examined a case involving corruption or a corruption-related offense or a case involving unjust enrichment are obligated to send a copy of the legally binding decision in the case to the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was initiated. 70%
2 The government agencies, local self-government bodies, enterprises, institutions, or organizations employing the person against whom a case involving corruption or a corruption-related offense or an unjust enrichment case has been examined receive:
a) 100 percent of copies of final decisions that have become legally binding (30 percent);
b) 95 percent of copies of final decisions that have become legally binding (20 percent);
c) 90 percent of copies of final decisions that have become legally binding (10 percent). 		30%

Key sources of assessment:

Additional sources of information: