Feedback from the public

ESR

3.2.1.4. Grounds for administrative liability for violations of rules, prohibitions, and restrictions applicable to the funding of political parties and financial reporting by political parties have been improved

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

01.01.2024 - 31.08.2024

Implementation of SACP measures within ESR

Total number of measures – 2
2
Not implemented

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

National Agency on Corruption Prevention

0%
2

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 3.2.1.4.1 Analyzing the legislation and consolidating the practices of holding individuals accountable for administrative offenses punishable under Articles 21215 and 21221 of the Code of Ukraine on Administrative Offenses, 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 and courts
National Agency on Corruption Prevention The analysis has been completed.
The analytical report with proposals and recommendations has been prepared.
The measure has not been implemented
Not implemented
2 3.2.1.4.2 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 offenses punishable under Articles 21215 and 21221 of the Code of Ukraine on Administrative Offenses, as well as stipulating the kinds and amounts of penalties to be imposed on such offenders, in particular by:
1) aligning the substance of these articles with the legislation on political parties and elections;
2) eliminating conflicts and contradictions between these articles and Article 1591 of the Criminal Code of Ukraine;
3) stipulating that the subject of the administrative offense punishable under Article 21221 of the Code of Ukraine on Administrative Offenses is not a political party, but an individual who is obligated to ensure the submission of the relevant report;
4) instituting harsher and more balanced sanctions for the commission of said offenses.
National Agency on Corruption Prevention The draft law has been submitted to the Parliament of Ukraine.
The measure has not been implemented
Not implemented

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 practices of holding individuals accountable for administrative offenses punishable under Articles 21215 and 21221 of the Code of Ukraine on Administrative Offenses, has been conducted with a focus on:
a) the systemic nature, completeness, and legal accuracy of the legislative definition of the grounds for such liability (10 percent);
b) 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 (10 percent).
20%
2 The law has come into force, which provides for systemic improvement of the grounds for holding offenders liable for offenses punishable under Articles 21215 and 21221 of the Code of Ukraine on Administrative Offenses, as well as stipulating the kinds and amounts of penalties to be imposed on such offenders, in particular by:
a) aligning the substance of these articles with the legislation on political parties and elections (15 percent);
b) eliminating conflicts and contradictions between these articles and Article 1591 of the Criminal Code of Ukraine (15 percent);
c) stipulating that the subject of the administrative offense punishable under Article 21221 of the Code of Ukraine on Administrative Offenses is not a political party, but an individual who is obligated to ensure the submission of the relevant report (10 percent);
d) instituting harsher and more balanced sanctions for the commission of said offenses (10 perpetrator).
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 3.2.1.4 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 3.2.1.4 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 3.2.1.4 as high or very high (10 percent).
30%

Key sources of assessment:

Additional sources of information: