ESR
3.3.1.1. Discrepancies between the provisions of the Criminal Code of Ukraine and the Law of Ukraine On Prevention of Corruption regarding the definition of crimes of corruption have been eliminated
Problem solving:
3.3.1. Certain provisions of criminal law relating to criminal liability for corruption-related criminal offenses contradict international standards in this field, are not coordinated with each other and with the provisions of the criminal procedure legislation and the Law of Ukraine On Prevention of Corruption. As a result, in a significant number of cases, perpetrators of corruption-related criminal offenses are relieved of criminal liability and/or punishment
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 – 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 | A report has been published on the findings of an analytical study whose scope includes, in particular: identification of terminological discrepancies, conflicts, and manifestations of unjustified competition arising among the Criminal Code of Ukraine, the Law of Ukraine On Prevention of Corruption, and the Criminal Procedure Code of Ukraine when it comes to defining crimes of corruption and corruption-related offenses; alignment of legislative provisions governing relief of criminal liability for corruption and corruption-related criminal offenses, measures taken with respect to legal entities under criminal law, as well as identifying the subjects of crimes of corruption and corruption-related criminal offenses, with international anticorruption standards | 30% |
| 2 | A law has taken effect, which has eliminated the existing terminological discrepancies, conflicts, and manifestations of unjustified competition arising among the Criminal Code of Ukraine, the Law of Ukraine On the Prevention of Corruption, and the Criminal Procedure Code of Ukraine when it comes to defining crimes of corruption and corruption-related offenses, taking into account the findings of the analytical study indicated in subclause 1 of clause 3.3.1.1. | 50% |
| 3 |
the results of the expert survey have demonstrated that: a) at least 75 percent of experts on the formulation and implementation of legal policy completely agree or rather agree with the statement that the provisions of the Criminal Code of Ukraine, the Law of Ukraine On Prevention of Corruption, and the Criminal Procedure Code of Ukraine are aligned and do not contain terminological discrepancies, conflicts, or manifestations of unjustified competition (20 percent); b) at least 50 percent of experts on the formulation and implementation of legal policy completely agree or rather agree with the statement that the provisions of the Criminal Code of Ukraine, the Law of Ukraine On Prevention of Corruption, and the Criminal Procedure Code of Ukraine are aligned and do not contain terminological discrepancies, conflicts, or manifestations of unjustified competition (10 percent); c) at least 25 percent of experts on the formulation and implementation of legal policy completely agree or rather agree with the statement that the provisions of the Criminal Code of Ukraine, the Law of Ukraine On Prevention of Corruption, and the Criminal Procedure Code of Ukraine are aligned and do not contain terminological discrepancies, conflicts, or manifestations of unjustified competition (5 percent). |
20% |