ESR
3.3.2.4.
The National Anticorruption Bureau of Ukraine and the Specialized Anticorruption Prosecutor’s Office are effectively performing their tasks, among other things through:
clarification of legislative provisions on the conclusion of plea agreements in criminal proceedings involving corruption or corruption-related crimes;
ensuring the practical observance of the rules of jurisdiction and holding the prosecutors in breach of such rules accountable;
continued optimization of internal workflows and full-fledged implementation of the electronic criminal proceeding system
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
01.03.2023 -
30.09.2023
Implementation of SACP measures within ESR
Total number of measures –
2
1
1
Implemented
Partially implemented
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Justice of Ukraine
100%
1
Prosecutor General’s Office of Ukraine
100%
1
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: a) permits concluding plea agreements in criminal proceedings falling under the jurisdiction of the National Anticorruption Bureau of Ukraine on condition of full or partial compensation of losses or harm by the defendant, suspect (other than the organizer of the criminal offense) (12 percent); b) provides for the possibility of exemption from serving the sentence with probation if the defendant signs a plea agreement in criminal proceedings involving crimes of corruption falling under the jurisdiction of the National Anticorruption Bureau of Ukraine (12 percent); c) expands the list of penalties that may be agreed upon by the parties to the agreement on exemption from serving the sentence with probation in criminal proceedings involving crimes of corruption falling under the jurisdiction of the National Anticorruption Bureau of Ukraine, and also expands the list of applicable additional penalties (12 percent); d) provides for the possibility of establishing a probation period longer than three years in case of exemption from serving the sentence with probation under a plea agreement, as well as establishes longer period for expunging the criminal record in case of exemption from serving the sentence with probation in connection of serious crimes or felonies involving corruption (8 percent); e) provides for the possibility of continuing the judicial proceedings under the general procedure if the court refuses to approve the plea agreement and if no motions have been filed to return the proceeding back to the pretrial investigation stage (8 percent); f) provides for the possibility of presenting a plea agreement to the court repeatedly in the same criminal proceeding if the grounds for its rejection have been eliminated (8 percent); g) stipulates that the resolution of disputes over jurisdiction in proceedings that belong or may be found to belong to the jurisdiction of the National Anticorruption Bureau of Ukraine shall be carried out only by the Prosecutor General or the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office (10 percent). |
70% |
| 2 |
at least 80 percent of experts on the formulation and implementation of the legal policy estimate that: a) there are sufficient incentives for suspects and defendants in proceedings under the jurisdiction of the National Anticorruption Bureau to enter into plea agreements (5 percent); b) plea agreements concluded in proceedings under the jurisdiction of the National Anticorruption Bureau are in the public interest (5 percent); c) the rules of jurisdiction are observed in each or in the vast majority of criminal proceedings involving offenses under the jurisdiction of the National Anticorruption Bureau of Ukraine (5 percent); d) in each case of violation of the rules of jurisdiction in criminal proceedings involving offenses under the jurisdiction of the National Anticorruption Bureau of Ukraine, the relevant illegal decisions have been revoked (5 percent); e) in each case of violation of the rules of jurisdiction in criminal proceedings involving offenses under the jurisdiction of the National Anticorruption Bureau of Ukraine, the investigators and prosecutors who committed the violations faced disciplinary liability (2.5 percent); f) in each case, criminal proceedings requested by a decision of the Director of the National Anticorruption Bureau of Ukraine by an approved prosecutor of the Specialized Anticorruption Prosecutor's Office or in which the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor's Office designated the National Anticorruption Bureau of Ukraine as the pretrial investigation body have been transferred to the National Anticorruption Bureau of Ukraine (2.5 percent); g) internal procedures of the National Anticorruption Bureau of Ukraine are completely or mostly effective (2.5. percent); h) internal procedures of the Specialized Anticorruption Prosecutor’s Office are completely or mostly effective (2.5. percent). |
30% |