Problem

3.1.1. Violations of the requirements of anticorruption legislation are not always treated as a disciplinary offense in practice; a large share of individuals subject to the Law of Ukraine On Prevention of Corruption manage to avoid disciplinary penalties

General information about the problem

The institution of disciplinary liability is characterized by a high anticorruption potential, as it makes it possible to not only respond swiftly and effectively to violations of anticorruption legislation, encouraging honest individuals to perform their duties properly, but also to disqualify individuals who systematically violate their duties, make biased decisions, use the powers granted to them in their own interests, and engage in corrupt practices from performing the functions of state or local self-government.
At the same time, this potential is virtually untapped in Ukraine, as violations of anticorruption legislation are not always treated as disciplinary offenses in practice, due to both flaws in legislation (including contradictions in some of its provisions) and low legal awareness of officers who are authorized by law to impose disciplinary sanctions.
This circumstance, coupled with the low effectiveness of administrative liability for such offenses, has led to the fact that a significant number of entities covered by the Law of Ukraine On Prevention of Corruption that violate the requirements of anticorruption legislation are not brought to any type of legal liability and continue to hold their positions.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 4
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
1 2 3
6
Implemented In progress Not started
Measures implemented (fully and partially) - 1 (16.7%)

Deadlines for all measures

01.05.2023 - 30.09.2024

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

National Agency on Corruption Prevention

20%
5

State Judicial Administration of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 4

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)
1.1. ESR 3.1.1.1 Legislative provisions defining the grounds and procedure for bringing entities subject to the Law On Prevention of Corruption to disciplinary account for violations of anticorruption legislation have been improved by introducing basic rules to the effect that: a gross violation of the requirements of said Law shall be grounds for brining such individuals to disciplinary account; separate grounds for initiating a disciplinary proceeding shall be a legally binding court decision that imposed on them an administrative penalty for committing a corruption-related offense, or discontinued proceedings in a case involving such a violation due to an expired statute of limitations for imposing the administrative penalty, or relief of administrative liability granted due to the negligible nature of the offense; a legally binding court verdict that imposed on them a criminal penalty for committing corruption or a corruption-related offense, as well as a court ruling that relieves this individual of criminal liability shall serve as unconditional grounds for dismissing this person 3.1.1.1.1. Developing and submitting to the Cabinet of Ministers of Ukraine a draft law supplementing the Law of Ukraine On Prevention of Corruption with a new section, which: 1) defines a single unified list of violations of the requirements of the Law, which constitute manifestations of gross violation of the ethical code of conduct and grounds for disciplinary liability of officials performing the functions of state or local self-government (irrespective of their category); 2) stipulates that separate grounds for bringing such persons to disciplinary liability shall be a legally binding court decision that imposed on them an administrative penalty for committing a corruption-related offense, or discontinued proceedings in a case involving such a violation due to an expired statute of limitations for imposing the administrative penalty, or relief of administrative liability granted due to the negligible nature of the offense; 3) obligates managers of government agencies and local self-government bodies to inform the National Agency about any discovered violations of the Law and initiation of disciplinary proceedings in connection with such violations, as well as about decisions made as a result of such disciplinary proceedings; 4) stipulates that failure to take measures towards bringing the officials performing the functions of state or local self-government to administrative liability for violations of the requirements of the Law, as well as failure to comply with the legislative requirements mandating the unconditional dismissal of such individuals (in the instances expressly prescribed by the law) shall constitute a disciplinary offense; 5) defines the unified (general) grounds for disciplinary liability of officials performing the functions of state or local self-government where they have violated the requirements of the Law, which stipulate that: the officials performing the functions of state or local self-government who have violated the requirements of the Law shall face disciplinary liability irrespective of whether or not a different kind of legal liability is prescribed for this violation, and irrespective of whether or not this violation is being examined as part of judicial proceedings under criminal, administrative, or civil law, irrespective of the stage of examination, and whether or not a final decision has been made in such cases; the absence of the National Agency’s opinion on whether or not the actions of this person show signs of corruption or a corruption-related crime shall not preclude these persons from being brought to disciplinary liability; the fact that an official performing the functions of state or local self-government has faced administrative, criminal, or civil liability for violations of the requirements of the Law shall not relieve this person of disciplinary liability for the same violation; the immediate superiors as well as managers of agencies and institutions employing the individuals who committed such disciplinary offenses are obligated to initiate a relevant disciplinary proceeding within three business days from the day when the relevant grounds were discovered; the term of disciplinary proceedings in cases involving violations of the requirements of the Law shall be at least one year from the day when this proceeding was initiated; the statute of limitations for imposing disciplinary penalties for violations of the requirements of the Law shall be no less than three years from the day when the relevant offense was committed; certain mandatory requirements with respect to the procedure for making the final decision based on the outcome of the disciplinary proceeding, as well as the principles of choosing the kind and mount of the disciplinary penalty, shall be prescribed by the Law; 6) stipulates the following unconditional grounds for dismissal (outside of the disciplinary liability procedure) of all categories of officials performing the functions of state or local self-government: a legally binding court verdict that imposed on them a criminal penalty for committing corruption or a corruption-related offense, as well as a court ruling that relieves such individuals of criminal liability; a legally 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 official 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; a legally binding court decision that has found the assets of such individuals or assets acquired by third parties on their behalf (as well as in other cases stipulated in Article 290 of the Civil Procedure Code of Ukraine) to constitute unjust enrichment, and has ordered their confiscation in favor of the state; 7) establishes the rules of alignment of the provisions of the Law dealing with disciplinary liability with the legislative provisions that define the general grounds and procedure for bringing different categories of officials performing the functions of state or local self-government to disciplinary liability, according to which: such individuals shall face disciplinary liability in the manner prescribed by legislation on the disciplinary liability of the relevant category of individuals (general regulation), taking into account the specific considerations prescribed by the Law (special regulations); if the same legal relationships are regulated differently, the special provisions of the Law shall be applied as they prevail over the general provisions of legislation. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0/ 2
1.2. 3.1.1.1.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to the Code of Ukraine on Administrative Offenses, which institutes administrative liability for failure to bring officials authorized to carry out the functions of state or local self-government to disciplinary liability for violations of the requirements of the Law, as well as for failing to comply with the requirements of the law mandating the unconditional dismissal of such officials (in the cases expressly provided by law) National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
4.1. ESR 3.1.1.4 It has been legislatively mandated that courts that have examined a case involving corruption or a corruption-related offense or a case involving unjust enrichment are obligated to send a copy of the legally binding decision in the case to the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was initiated 3.1.1.4.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft laws proposing amendments to the Criminal Procedure Code of Ukraine and the Code of Ukraine on Administrative Offenses, which stipulate that courts that have examined a case involving corruption or a corruption-related offense or a case involving unjust enrichment are obligated to send a copy of the legally binding decision in the case to the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was initiated National Agency on Corruption Prevention The measure was not implemented on time and in full Implemented
100% 4/ 4
4.2. 3.1.1.4.2. Organizing proper performance by courts of Ukraine of legislative requirements, according to which courts that have examined a case involving corruption or a corruption-related offense or a case involving unjust enrichment are obligated to send a copy of the legally binding decision in the case to the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was initiated; arranging the quarterly analysis of the status of performance of (compliance with) said requirements by courts, taking all the necessary measures towards ensuring unflinching observance of these requirements, including by bringing the guilty individuals to disciplinary liability State Judicial Administration of Ukraine Not started
4.3. 3.1.1.4.3. Arranging periodic analysis and consolidation of court decisions to hold individuals liable under criminal, administrative, or civil law for committing corruption or corruption-related offenses, including with respect to the sending of such decisions to the government agencies, local self-government bodies, enterprises, institutions, or organizations where this person worked at the time when such offenses were committed. In each instance of discovering that such decisions have not been sent or have not been received, the National Agency shall: 1) bring this court decision to the knowledge of the government agency, local self-government body, enterprise, institution, or organization employing the person against whom this case was examined; 2) initiates the issue of commencement of disciplinary proceedings against the relevant individuals with the entities authorized to do so; 3) contacts the State Judicial Administration, the High Council of Justice, the High Qualification Commission of Judges of Ukraine, and the Council of Judges of Ukraine with a request to take measures against individuals guilty of violating the requirements to send such decisions (if such violations have been discovered). National Agency on Corruption Prevention Implementation of the measure has not started Not started
4.4. 3.1.1.4.4. Supplementing the Procedure for Conducting Inspections of the Organization of Corruption Prevention and Detection Workflows, approved by the order of the National Agency dated January 18, 2021, No. 11/21, with a stipulation that the National Agency shall conduct inspections into observance by managers of the entities being inspected of legislative requirements pertaining to disciplinary liability of their subordinates who committed corruption or corruption-related offenses. Upon discovery of each fact that managers of the relevant agencies have failed to take measures towards bringing their subordinates to disciplinary liability, the National Agency shall take every measure towards bringing such managers to disciplinary and administrative liability. National Agency on Corruption Prevention Not started

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: