Problem

2.1.7. The need to improve the process of independent evaluation of the performance of anticorruption agencies and develop mechanisms for holding them liable

General information about the problem

The issue of dismissal (termination of powers) following a binding court decision imposing administrative liability for an administrative offense involving corruption is regulated differently for the managers of different law enforcement agencies. This necessitates the unification of approaches with the simultaneous need to maintain sufficient guarantees of independence of such individuals, taking into account the risks of undue influence.
In practice, there was no external independent assessment (audit) of the National Anticorruption Bureau’s performance due to legislative flaws and attempts to politicize the process of determining who will conduct the assessment. This procedure is not mandated by law for the Specialized Anticorruption Prosecutor’s Office.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 3
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
1 3
4
Implemented Not started
Measures implemented (fully and partially) - 1 (25%)

Deadlines for all measures

01.01.2024 - 31.12.2024

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

National Agency on Corruption Prevention

50%
2

Ministry of Foreign Affairs of Ukraine

0%
1

Prosecutor General’s Office of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 3

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
2.1. ESR 2.1.7.2 The issue of the grounds for dismissal of heads of law enforcement agencies who have been brought to administrative liability for a corruption-related administrative offense has been regulated 2.1.7.2.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law under which law enforcement officers can be dismissed following a binding court decision to hold them administratively or criminally liable for committing corruption or a corruption-related offense, which imposed a penalty or punishment on the officer in the form of a prohibition from filling positions or engaging in activities involving the performance of the functions of state or local self-government National Agency on Corruption Prevention Not started
0% 0/ 1
3.1. ESR 2.1.7.3 An effective mechanism for conducting an independent evaluation (audit) of the performance of the National Anticorruption Bureau of Ukraine and the Specialized Anticorruption Prosecutor’s Office has been introduced 2.1.7.3.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to institute a periodic external independent assessment (audit) of the performance of the Specialized Anticorruption Prosecutor’s Office, which will be carried out by reputed international experts proposed by international and foreign organizations that have provided international technical assistance to Ukraine in matters of preventing and combating corruption National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 3/ 3
3.2. 2.1.7.3.2. Arranging an external independent assessment (audit) of the performance of the National Anticorruption Bureau and publicizing a report on its findings at intervals prescribed by the law Ministry of Foreign Affairs of Ukraine Implementation of the measure has not started Not started
3.3. 2.1.7.3.3. Arranging an external independent assessment (audit) of the performance of the Specialized Anticorruption Prosecutor’s Office and publicizing a report on its findings at intervals prescribed by the law Prosecutor General’s Office of Ukraine Not started

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: