ESR
3.2.1.1. Administrative liability has been introduced for violation of restrictions imposed after a person is dismissed from a position that involved performing the functions of state or local self-government, violation of requirements pertaining to the prevention of conflicts of interest due to ownership of enterprises or corporate rights, failure to take measures towards resolution of conflicts of interest
Problem solving:
3.2.1. Some of the rules, prohibitions, and restrictions established by anticorruption legislation are not backed up by legal liability measures. Articles 1724—1729, 21215, 21221 of the Code of Ukraine on Administrative Offenses contain a number of shortcomings that significantly impair their injunctive and preventive potential as well as the effectiveness of the National Agency, the National Police, prosecutorial authorities and courts.
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
National Agency on Corruption Prevention
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 |
The law on amendments to the Code of Ukraine on Administrative Offenses has taken effect, which: a) introduces administrative liability for: failure to comply with the requirements of Article 36 of the Law regarding the transfer of enterprises and corporate rights to third parties (20 percent); violation of prohibitions or restrictions imposed on persons who have ceased to perform the functions of state or local self-government established by Article 26 of the Law (20 percent); failure to take measures to resolve a real or potential conflict of interest (20 percent); b) removes Articles 1729-1, 1729-2 from Chapter 13а of the Code of Ukraine on Administrative Offenses, since they deal with torts that do not constitute corruption-related administrative offenses (10 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 3.2.1.1 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 3.2.1.1 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 3.2.1.1 as high or very high (10 percent). |
30% |