Problem

3.2.1. Some of the rules, prohibitions, and restrictions established by anticorruption legislation are not backed up by legal liability measures. Articles 1724—1729, 21215, 21221 of the Code of Ukraine on Administrative Offenses contain a number of shortcomings that significantly impair their injunctive and preventive potential as well as the effectiveness of the National Agency, the National Police, prosecutorial authorities and courts.

General information about the problem

Some of the rules, prohibitions and restrictions established by the anticorruption legislation are not currently backed by legal liability measures, which leads to a low level of compliance in practice. This primarily concerns the requirements concerning the handover of enterprises and corporate rights to third parties for management, prohibitions and restrictions applicable to individuals who have stopped performing functions of state or local self-government, as well as requirements that mandate taking steps to resolve a real or potential conflict of interest.
The torts mentioned in Articles 1729-1 and 1729-2 of the Code of Ukraine on Administrative Offenses were mistakenly attributed to administrative offenses related to corruption.
Articles 1724 – 1729 of the Code of Ukraine on Administrative Offenses contain flaws that significantly impair their injunctive and deterrent (preventive) potential as well as the effectiveness of the National Agency, the National Police, prosecutorial authorities and courts in this area.
The provisions of Articles21215, 21221 of the Code of Ukraine on Administrative Offenses are not fully consistent with the provisions of the Law of Ukraine On Political Parties in Ukraine and the Election Code of Ukraine. There are conflicts between these articles and Article 1591 of the Criminal Code of Ukraine, which significantly complicate the correct classification of these offenses and results in numerous mistakes in practice. Sanctions for such administrative offenses are too lenient.
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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 6
9
In progress Not implemented Not started
Measures implemented (fully and partially) - 0 (0%)

Deadlines for all measures

01.07.2023 - 31.12.2025

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

National Agency on Corruption Prevention

0%
6

National Police of Ukraine

0%
1

Prosecutor General’s Office of Ukraine

0%
1

Supreme Court

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 3.2.1.1 Administrative liability has been introduced for violation of restrictions imposed after a person is dismissed from a position that involved performing the functions of state or local self-government, violation of requirements pertaining to the prevention of conflicts of interest due to ownership of enterprises or corporate rights, failure to take measures towards resolution of conflicts of interest 3.2.1.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to the Code of Ukraine on Administrative Offences, which: 1) establishes administrative liability for non-compliance with the requirements of Article 36 of the Law regarding the transfer of enterprises and corporate rights to third parties, for violation of prohibitions or restrictions established in the Article 26 of the Law imposed on persons who have ceased to carry out functions of the state or local self-government, as well as for failure to take measures to resolve a real or potential conflict of interest; 2) excludes Articles 172-9-1 and 172-9-2 of the Code of Ukraine on Administrative Offences as the ones that describe torts that are not corruption-related administrative offences National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0/ 1
2.1. ESR 3.2.1.2 Based on the findings of the analysis and consolidation of the practice of bringing perpetrators to justice for administrative offenses involving corruption, the relevant prohibitions have been systematically improved 3.2.1.2.1. Analyzing the legislation and consolidating the practice of prosecution of entities subject to the Law of Ukraine On Prevention of Corruption for committing corruption-related administrative offenses in 2014-2023 with respect to: 1) the systemic, complete, and legally correct definition at the legislative level of the grounds on which such liability arises; 2) alignment of the penalties imposed with the principles of fairness, proportionality, and individualization, as well as the capability to accomplish the objective of the administrative penalty. Preparing an analytical report with proposals of systemic improvements to the relevant prohibitions under administrative law, the kinds and amounts of penalties prescribed by them, as well as correct and consistent application of the relevant legislation by the National Agency, the National Police, the prosecutorial authorities, and courts National Agency on Corruption Prevention Implementation of the measure has not started Not started
0% 0/ 6
2.2. 3.2.1.2.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to the Code of Ukraine on Administrative Offenses aimed at systemic improvement of the grounds for holding offenders liable for corruption-related administrative offenses, as well as stipulating the kinds and amounts of penalties to be imposed on such offenders National Agency on Corruption Prevention Not started
2.3.(1) 3.2.1.2.3.(1) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice National Agency on Corruption Prevention Not started
2.3.(2) 3.2.1.2.3.(2) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice National Police of Ukraine Not started
2.3.(3) 3.2.1.2.3.(3) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice Prosecutor General’s Office of Ukraine Not started
2.3.(4) 3.2.1.2.3.(4) Implementation of measures (identified after studying the proposals formulated in the report indicated in subclauses 3.2.1.2.1, 3.2.1.3.1) by the National Agency, the National Police, the prosecutorial authorities, and courts towards ensuring the correct and consistent application of the relevant legislation in practice Supreme Court Not started
4.1. ESR 3.2.1.4 Grounds for administrative liability for violations of rules, prohibitions, and restrictions applicable to the funding of political parties and financial reporting by political parties have been improved 3.2.1.4.1. Analyzing the legislation and consolidating the practices of holding individuals accountable for administrative offenses punishable under Articles 21215 and 21221 of the Code of Ukraine on Administrative Offenses, with respect to: 1) the systemic, complete, and legally correct definition at the legislative level of the grounds on which such liability arises; 2) alignment of the penalties imposed with the principles of fairness, proportionality, and individualization, as well as the capability to accomplish the objective of the administrative penalty. Preparing an analytical report with proposals of systemic improvements to the relevant prohibitions under administrative law, the kinds and amounts of penalties prescribed by them, as well as correct and consistent application of the relevant legislation by the National Agency and courts National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0/ 2
4.2. 3.2.1.4.2. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to the Code of Ukraine on Administrative Offenses aimed at systemic improvement of the grounds for holding offenders liable for offenses punishable under Articles 21215 and 21221 of the Code of Ukraine on Administrative Offenses, as well as stipulating the kinds and amounts of penalties to be imposed on such offenders, in particular by: 1) aligning the substance of these articles with the legislation on political parties and elections; 2) eliminating conflicts and contradictions between these articles and Article 1591 of the Criminal Code of Ukraine; 3) stipulating that the subject of the administrative offense punishable under Article 21221 of the Code of Ukraine on Administrative Offenses is not a political party, but an individual who is obligated to ensure the submission of the relevant report; 4) instituting harsher and more balanced sanctions for the commission of said offenses. National Agency on Corruption Prevention Implementation of the measure has started on time In progress

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: