ESR
3.3.1.2. Sanctions for corruption and corruption-related offenses are proportionate and have a significant injunctive and preventive effect, and none of the corruption-related criminal offenses are classified as criminal misdemeanors
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 – 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 |
A law has taken effect, which factors in the findings of the analytical study focusing on sanctions for corruption or corruption-related offenses (which must be proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect) and: a) improves the normative legal regulation of sanctions for crimes of corruption and corruption-related offenses (30 percent); b) increases the amount of fines as part of sanctions for specific crimes of corruption and corruption-related offenses, taking into account the degree of their social danger (20 percent); c) toughens criminal liability for bribing a witness, aggrieved party, or expert, to ensure that this criminal offense does not fall into the category of criminal misdemeanors and make extradition and special confiscation possible in relation to the perpetrator (10 perpetrator); d) provides for the possibility of sanctions under criminal law against legal entities in the event of commission of all acts that are criminalized under the UN Convention against Corruption (10 percent). |
70% |
| 2 |
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 sanctions for corruption or corruption-related crimes are proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect (30 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 sanctions for corruption or corruption-related crimes are proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect (20 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 sanctions for corruption or corruption-related crimes are proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect (10 percent). |
30% |