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ESR

3.3.1.3. The investigative and judicial practice of criminal prosecution of individuals guilty of corruption and corruption-related criminal offenses is stable and predictable, in particular owing to summarized practices of application of laws

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

01.03.2023 - 31.12.2025

Implementation of SACP measures within ESR

Total number of measures – 6

In progress

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

Supreme Court

High Anti-Corruption Court of Ukraine

National Agency on Corruption Prevention

Summarized general information on Measures

№	Name of the measure	The main implementer	Performance indicator	Monitoring results (latest)	Статус
1	3.3.1.3.1 Annually preparing summaries of judicial practice of the Supreme Court in criminal proceedings involving corruption and corruption-related offenses for the previous calendar year	Supreme Court	The summary of the judicial practice has been publicized.	There is progress in the implementation of the measure	In progress
2	3.3.1.3.2 Annually discussing the summaries of judicial practice of the Supreme Court with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community	Supreme Court	The discussion has been conducted and its results have been publicized.	There is progress in the implementation of the measure	In progress
3	3.3.1.3.3 Annually preparing summaries of judicial practice of the High Anticorruption Court in criminal proceedings involving corruption and corruption-related offenses for the previous calendar year	High Anti-Corruption Court of Ukraine	The summary of the judicial practice has been publicized.	There is progress in the implementation of the measure	In progress
4	3.3.1.3.4 Annually discussing the summaries of judicial practice of the High Anticorruption Court with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community	High Anti-Corruption Court of Ukraine	The discussion has been conducted and its results have been publicized.	There is progress in the implementation of the measure	In progress
5	3.3.1.3.5 Annually analyzing the judicial practice of criminal prosecution of individuals guilty of corruption or corruption-related offenses, and publishing the findings of this analysis	National Agency on Corruption Prevention	The report on the analysis findings has been publicized.	There is progress in the implementation of the measure	In progress
6	3.3.1.3.6 Annually discussing the reports prepared as part of the activity indicated in subclause 3.3.1.3.5 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community	National Agency on Corruption Prevention	The report on the analysis findings has been publicized.	There is progress in the implementation of the measure	In progress

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 (%)
№	Indicators	Weight (%)	1	The following are made public annually: a) summaries of judicial practice of the Supreme Court in criminal proceedings involving corruption and corruption-related offenses (25 percent); b) summaries of judicial practice of the High Anticorruption Court in criminal proceedings involving corruption and corruption-related offenses (25 percent).	50%
2	The National Agency publishes an annual report on the findings of the analysis of judicial practice of criminal prosecution of individuals guilty of corruption and corruption-related criminal offenses.	20%
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 judicial and investigative practice of criminally prosecuting the individuals guilty of corruption or corruption-related crimes is consistent and predictable (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 the judicial and investigative practice of criminally prosecuting the individuals guilty of corruption or corruption-related crimes is consistent and predictable (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 the judicial and investigative practice of criminally prosecuting the individuals guilty of corruption or corruption-related crimes is consistent and predictable (10 percent).	30%

ESR