ESR
3.3.2.3.
The guarantees of institutional and operational independence of the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office are properly defined and implemented in practice, particularly by:
clarifying the legislative provisions on the status of the National Anticorruption Bureau of Ukraine within the system of executive authorities (while maintaining the existing guarantees of independence), as well as the entity appointing and dismissing the Director of the National Anticorruption Bureau of Ukraine in accordance with the Ruling of the Constitutional Court of Ukraine No. 9-r/2020;
conducting an independent evaluation (audit) of the performance of the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office with the involvement of independent experts
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
Implementation of SACP measures within ESR
Implementation of SACP measures within the scope of the Problem by main main performers
Security Service of Ukraine
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 |
Laws have taken effect, which have amended the laws of Ukraine, including the Law of Ukraine On the Prosecutor’s Office, which: a) improve the procedure for competitive selection of the head of the Specialized Anticorruption Prosecutor’s Office and stipulate that it shall be conducted with the decisive involvement of independent experts appointed by international and foreign organizations that have provided international technical assistance to Ukraine in matters of preventing and combating corruption (15 percent); b) stipulate that all powers of the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office shall be exercised by the first deputy or deputy in the event of the latter’s absence; the first deputy and deputy head of the Specialized Anticorruption Prosecutor’s Office are categorized as senior officials of the prosecutorial authorities (15 percent); c) clearly establish at the legislative level the amount of salaries of prosecutors at the Specialized Anticorruption Prosecutor’s Office, including those occupying administrative positions with the Specialized Anticorruption Prosecutor’s Office (5 percent); d) provide for the possibility of entering information about an alleged criminal offense committed by a Parliament member of Ukraine by the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office (acting head) and the head of the Central Detective Office of the National Anticorruption Bureau of Ukraine, as well as the possibility of approval by the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office (acting head) of motions to be examined by the investigating judge (15 percent); e) increase by 300 persons the maximum staff size of the National Anticorruption Bureau of Ukraine (with the enactment of these provisions taking into account the situation that has formed under the legal regime of martial law) (10 percent); f) create an expert institution for conducting expert examinations in criminal proceedings involving criminal offenses that fall under the jurisdiction of detectives of the National Anticorruption Bureau of Ukraine (10 percent). |
70% |
| 2 | In practice, the National Anticorruption Bureau of Ukraine collects information from electronic communication networks on the conditions of autonomous access, without involving other public authorities in any way. | 20% |
| 3 |
at least 80 percent of experts on the formulation and implementation of the anticorruption policy: a) evaluate the actual level of institutional independence of the National Anticorruption Bureau of Ukraine as very high or high (2.5 percent); b) evaluate the actual level of operational independence of the National Anticorruption Bureau of Ukraine as very high or high (2.5 percent); c) evaluate the actual level of institutional independence of the Specialized Anticorruption Prosecutor’s Office as very high or high (2.5 percent); d) evaluate the actual level of operational independence of the Specialized Anticorruption Prosecutor’s Office as very high or high (2.5 percent). |
10% |