ESR
3.3.2.1. The expediency of simplifying the procedures of specific other investigative (detective) activities or other procedural activities, taking into account the standards of respect for human rights and the practice of the European Court of Human Rights has been examined
Problem solving:
3.3.2. Poor efficiency and quality of pretrial investigation of corruption and corruption-related criminal offenses (a significant number of such proceedings last for years) is due to excessive complexity of certain procedural formalities
Deadlines for all measures within ESR
01.03.2024 -
31.08.2024
Implementation of SACP measures within ESR
Total number of measures –
3
1
2
Partially implemented
Not implemented
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Justice of Ukraine
50%
2
National Agency on Corruption Prevention
0%
1
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 |
The laws have taken effect, which: a) provide for the possibility of involvement of field units in the implementation of interim measures in a criminal proceeding (10 percent); a) stipulate that monitoring of bank accounts belongs to overt investigative (detective) activities with the preservation of the basic principles according to which they are conducted (in respect of serious crimes or felonies in criminal proceedings falling under the jurisdiction of the National Anticorruption Bureau of Ukraine, the Bureau of Economic Security, by a decision of the investigating judge, while observing the requirements pertaining to the protection of privileged banking information) (10 percent); c) provide for the possibility of temporary access to documents and items that do not contain privileged information protected under law, without court oversight (10 percent); d) abolish the requirement that two eyewitnesses be recruited while conducting a search or inspection of the housing or other property of a person as long as uninterrupted video and audio recording it being performed (10 percent); e) stipulate that a person shall be deemed to be on the international wanted list from the time of the relevant decision of the investigator or prosecutor to put the person on the international wanted list (10 percent); f) improve the procedure for serving the indictment, the motion to apply coercive measures of medical or educational nature, by analogy with the procedure for serving a notice of suspicion (10 percent). |
60% |
| 2 | An analytical report on the expediency of simplifying the procedures of specific other investigative (detective) activities or other procedural activities, taking into account the standards of respect for human rights and the practice of the European Court of Human Rights has been prepared and made public. | 10% |
| 3 |
at least 80 percent of experts on the activities of law enforcement and prosecutorial authorities: a) believe that the procedure for conducting investigative (detective) activities, including covert ones, is not unreasonably burdensome (10 percent); b) believe that the procedure for conducting investigative (detective) activities, including covert ones, allows for the observance of the rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, taking into account the practice of the European Court of Human Rights (10 percent); c) believe that during the simplification of the procedure for conducting investigative (detective) activities, a reasonable balance was maintained between the interests of the prosecution and the defense (10 percent). |
30% |