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ESR

3.3.4.1. Court hearings of criminal proceedings involving corruption and corruption-related criminal offenses are conducted in compliance with the principles prescribed by the Criminal Procedure Code of Ukraine

Problem solving:

3.3.4. The overall progress of court hearings involving corruption and corruption-related criminal offenses is slow. There is no established practice of consideration of criminal proceedings in this category. There are numerous cases of abuse of procedural rights by litigants

Deadlines for all measures within ESR

01.03.2023 - 31.08.2023

Implementation of SACP measures within ESR

Total number of measures – 1

Partially implemented

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

National Agency on Corruption Prevention

100%

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	3.3.4.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) institutes one-person judicial examination of criminal proceedings at the High Anticorruption Court as the court of first instance (except for criminal proceedings involving felonies that must be examined at the High Anticorruption Court as the court of first instance by a panel of three judges); 2) provides for the inadmissibility of abuses of procedural rights by parties to the criminal proceeding and the possibility of the investigating judge or court finding specific actions or omissions to act by such parties as abuse; 3) grants powers to the investigating judge or court to issue a separate ruling in the event of abuse of procedural rights or failure to perform duties by parties to criminal proceedings; 4) broadens the grounds for imposing monetary penalties for nonperformance of duties by parties to the criminal proceeding, and increases their amounts; 5) simplifies the procedure for serving a summons in a criminal proceeding on individuals who reside abroad and are citizens of Ukraine; 6) stipulates that only the absence of all defense attorneys of one suspect or defendant at the same time during a court hearing shall be grounds for adjourning the court hearing; 7) establishes the procedure for determining the scope and sequence of examination of documents, audio and video recordings during a court hearing; 8) provides for the possibility of announcing only the introductory part and disposition of the verdict that has a large volume and requires a considerable amount of time to be announced, with the complete text of the verdict to be served (mailed in case of the recipient’s absence during the court hearing) on the day when it was announced to the parties to the judicial proceeding.	National Agency on Corruption Prevention	Офіс Генерального прокурора, Національне антикорупційне бюро	The draft law has been submitted to the Parliament of Ukraine.	The measure was implemented late and partially	Partially implemented

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 (%)
№	Indicators	Weight (%)	1	A law has taken effect, which: a) institutes one-person judicial examination of criminal proceedings at the High Anticorruption Court as the court of first instance (except for criminal proceedings involving felonies that must be examined at the High Anticorruption Court as the court of first instance by a panel of three judges) (7.5 percent); b) provides for the inadmissibility of abuses of procedural rights by parties to the criminal proceeding and the possibility of the investigating judge or court finding specific actions or omissions to act by such parties as abuse (7.5. percent); c) grants powers to the investigating judge or court to issue a separate ruling in the event of abuse of procedural rights or failure to perform duties by parties to criminal proceedings (7.5 percent); d) broadens the grounds for imposing monetary penalties for nonperformance of duties by parties to the criminal proceeding, and increases their amounts (7.5 percent); e) simplifies the procedure for serving a summons in a criminal proceeding on individuals who reside abroad and are citizens of Ukraine (5 percent); f) stipulates that the absence of all defense attorneys of one suspect or defendant at the same time during a court hearing shall be grounds for adjourning the court hearing (5 percent); g) establishes the procedure for determining the scope and sequence of examination of documents, audio and video recordings during a court hearing (5 percent); h) provides for the possibility of announcing only the introductory part and disposition of the verdict that has a large volume and requires a considerable amount of time to be announced, with the complete text of the verdict to be served (mailed in case of the recipient’s absence during the court hearing) on the day when it was announced to the parties to the judicial proceeding (5 percent).	50%
2	at least 80 percent of experts on the formulation and implementation of the legal policy estimate that: a) legislative provisions make it possible to ensure compliance with reasonable time limits for court hearings of criminal proceedings (10 percent); b) court hearings of criminal proceedings involving corruption or corruption-related criminal offenses (except for proceedings falling under the substantive jurisdiction of the High Anticorruption Court) are always or for the most part carried out within reasonable time limits (10 percent); c) criminal proceedings falling under the substantive jurisdiction of the High Anticorruption Court concerning corruption or corruption-related criminal offenses are always or for the most part conducted within reasonable time limits (10 percent); d) judicial practice in criminal proceedings involving corruption or corruption-related criminal offenses (except for proceedings falling under the substantive jurisdiction of the High Anticorruption Court) is always or for the most part established (10 percent); e) judicial practice in criminal proceedings falling under the substantive jurisdiction of the High Anticorruption Court concerning corruption or corruption-related criminal offenses is always or for the most part established (10 percent).	50%

ESR