ESR
3.2.2.1.
The procedure for bringing persons to administrative liability for corruption-related offenses, as well as for offenses pertaining to the financing of political parties and submitting their financial statements, has been improved, in particular through:
the simplification of the procedure for serving a summons and serving reports on such offenses;
establishing an exhaustive list of material violations committed in drawing up the report, which preclude the issuance of a decision in an administrative offense case and necessitate returning the report to be revised (written up properly), and stipulating the maximum time frame for rectifying such violations;
granting the National Agency status as a party to proceedings in cases initiated based on reports drawn up by the National Agency;
establishing a general rule to the effect that a person may not be relieved of administrative liability for such offenses due to their negligible nature, along with an exhaustive list of exceptions from this rule;
abolishing the linkage between the time frame for imposing penalties for such offenses to the day when they were discovered, as well as establishing the rule according to which the statute of limitations shall stop elapsing if the person is deliberately avoiding to appear before the court or is unable to show up for compelling reasons;
improving the procedure for applying coercive measures to individuals who avoid showing up in court without compelling reasons
Problem solving:
3.2.2. The majority of individuals guilty of corruption-related offenses as well as offenses in matters relating to the funding of political parties and submission of financial statements by political parties avoid administrative liability and/or penalties by exploiting systemic loopholes in the existing system for holding individuals administratively accountable as well as the flaws of the judicial system.
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 has improve the procedure for prosecuting individuals for corruption-related offenses (Articles 1724–1729), as well as for violations of laws governing the funding of political parties and submission of financial statements by political parties (Article 21215, 21221), through: a) the simplification of the procedure for serving a summons and serving reports on such offenses, in particular by granting the right—in exceptional cases—to draw up the report in the absence of the individual facing liability and mail this report to this individual (6 percent); b) establishing an exhaustive list of material violations committed in drawing up the report, which preclude the issuance of a decision in an administrative offense case and necessitate returning the report to be revised (written up properly), and stipulating the maximum time frame for rectifying such violations (5 percent); c) stipulating that cases based on reports drawn up by the National Agency shall be examined by the High Anticorruption Court (with deferral of the entry into force by the relevant provisions of the draft law by three months from the day when martial law instituted in Ukraine on February 24, 2022 gets suspended and abolished in Ukraine or in the territory of the majority of administrative-territorial units indicated in Part 2 of Article 133 of the Constitution of Ukraine) (10 percent); d) granting the National Agency status as a party to proceedings in cases initiated based on reports drawn up by the National Agency (10 percent); e) granting the National Agency the right to appeal court decisions issued in cases initiated based on reports drawn up by the National Agency, and granting this right to the prosecutor in cases initiated under Articles 1724—-1729 of the Code of Ukraine on Administrative Offenses (10 percent); f) establishing a general rule to the effect that a person may not be relieved of administrative liability for such offenses due to their negligible nature, along with an exhaustive list of exceptions from this rule (8 percent); g) abolishing the linkage between the time frame for imposing penalties for such offenses to the day when they were discovered, as well as establishing the rule according to which the statute of limitations shall stop elapsing if the person is deliberately avoiding to appear before the court or is unable to show up for compelling reasons (8 percent); h) stipulating that proceedings in an administrative offense case can be discontinued on the basis of Article 38 of the Code of Ukraine on Administrative Offenses only on condition that it has been proven that the person is guilty of having committed the relevant administrative offense, which must be mentioned in the disposition of the decision to discontinue the case (8 percent); i) improving the procedure for applying coercive measures to individuals who avoid showing up in court without compelling reasons (5 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 3.2.2.1 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 3.2.2.1 as high or very high (20 percent); d) 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 3.2.2.1 as high or very high (10 percent). |
30% |