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ESR

3.2.1.3. In practice, penalties for administrative offenses involving corruption have a significant injunctive and preventive effect, while also being proportionate

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

01.02.2024 - 31.12.2025

Implementation of SACP measures within ESR

Total number of measures – 6

Implementation of SACP measures within the scope of the Problem by main main performers

Summarized general information on Measures

№ Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 3.2.1.3.1 Analyzing the legislation and consolidating the practice of prosecution of entities subject to the Law of Ukraine On Prevention of Corruption for committing corruption-related administrative offenses in 2014-2023 with respect to:
1) the systemic, complete, and legally correct definition at the legislative level of the grounds on which such liability arises;
2) alignment of the penalties imposed with the principles of fairness, proportionality, and individualization, as well as the capability to accomplish the objective of the administrative penalty.
Preparing an analytical report with proposals of systemic improvements to the relevant prohibitions under administrative law, the kinds and amounts of penalties prescribed by them, as well as correct and consistent application of the relevant legislation by the National Agency, the National Police, the prosecutorial authorities, and courts 		National Agency on Corruption Prevention The analysis has been completed.
The analytical report with proposals and recommendations has been prepared. 		Not implemented
2 3.2.1.3.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to the Code of Ukraine on Administrative Offenses aimed at systemic improvement of the grounds for holding offenders liable for corruption-related administrative offenses, as well as stipulating the kinds and amounts of penalties to be imposed on such offenders National Agency on Corruption Prevention The draft law has been submitted to the Parliament of Ukraine. In progress
3 3.2.1.3.3 (1) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice National Agency on Corruption Prevention The measures have been implemented. Not started
4 3.2.1.3.3 (2) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice National Police of Ukraine The measures have been implemented. Not started
5 3.2.1.3.3 (3) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice Prosecutor General’s Office of Ukraine The measures have been implemented. Not started
6 3.2.1.3.3 (4) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice Supreme Court The measures have been implemented. Not started

Indicators of achievement of ESR

Total number of indicators – 3

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 3

Summarized general information about Achievement Indicators

№ Indicators Weight (%)
1 An analysis of the legislation and consolidation of the practice of prosecuting entities subject to the Law for administrative offenses involving corruption in 2014-2023, with a focus on the extent to which the penalties imposed correspond to the principles of justice, proportionality, and individualization, as well as their ability to accomplish the objective of the administrative sanction. 20%
2 The law on systematic improvement of the types and amounts of penalties to be imposed on persons who have committed administrative offenses involving corruption has come into force. 50%
3 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 2 of clause 3.2.1.3 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 2 of clause 3.2.1.3 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 2 of clause 3.2.1.3 as high or very high (10 percent). 		30%

Key sources of assessment:

Additional sources of information: