Problem

3.2.2. The majority of individuals guilty of corruption-related offenses as well as offenses in matters relating to the funding of political parties and submission of financial statements by political parties avoid administrative liability and/or penalties by exploiting systemic loopholes in the existing system for holding individuals administratively accountable as well as the flaws of the judicial system.

General information about the problem

The absence of a centralized electronic procedural record keeping system in courts as well as the Unified State Register of Enforcement Documents leads to significant corruption risks caused by abuse of administrative influence as well as risks in the field of documenting and monitoring the enforcement of decisions to hold individuals liable for administrative offenses, and other enforcement documents.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 2
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
2 2
4
In progress Not implemented
Measures implemented (fully and partially) - 0 (0%)

Deadlines for all measures

01.03.2023 - 31.12.2025

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

State Judicial Administration of Ukraine

0%
2

National Agency on Corruption Prevention

0%
1

Ministry of Finance of Ukraine

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 2

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 3.2.2.1 The procedure for bringing persons to administrative liability for corruption-related offenses, as well as for offenses pertaining to the financing of political parties and submitting their financial statements, has been improved, in particular through: the simplification of the procedure for serving a summons and serving reports on such offenses; establishing an exhaustive list of material violations committed in drawing up the report, which preclude the issuance of a decision in an administrative offense case and necessitate returning the report to be revised (written up properly), and stipulating the maximum time frame for rectifying such violations; granting the National Agency status as a party to proceedings in cases initiated based on reports drawn up by the National Agency; establishing a general rule to the effect that a person may not be relieved of administrative liability for such offenses due to their negligible nature, along with an exhaustive list of exceptions from this rule; abolishing the linkage between the time frame for imposing penalties for such offenses to the day when they were discovered, as well as establishing the rule according to which the statute of limitations shall stop elapsing if the person is deliberately avoiding to appear before the court or is unable to show up for compelling reasons; improving the procedure for applying coercive measures to individuals who avoid showing up in court without compelling reasons 3.2.2.1.1. Submitting to the Cabinet of Ministers of Ukraine and supporting the consideration of the draft law in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law), which provides for: 1) the simplification of the procedure for serving a summons and serving reports on such offenses, in particular by granting the right—in exceptional cases—to draw up the report in the absence of the individual facing liability and mail this report to this individual; 2) establishing an exhaustive list of material violations committed in drawing up the report, which preclude the issuance of a decision in an administrative offense case and necessitate returning the report to be revised (written up properly), and stipulating the maximum time frame for rectifying such violations; 3) stipulating that cases based on reports drawn up by the National Agency shall be examined by the High Anticorruption Court (with deferral of the entry into force by the relevant provisions of the draft law by three months from the day when martial law instituted in Ukraine on February 24, 2022 gets suspended and abolished in Ukraine or in the territory of the majority of administrative-territorial units indicated in Part 2 of Article 133 of the Constitution of Ukraine); 4) granting the National Agency status as a party to proceedings in cases initiated based on reports drawn up by the National Agency; 5) granting the National Agency the right to appeal court decisions issued in cases initiated based on reports drawn up by the National Agency, and granting this right to the prosecutor in cases initiated under Articles 1724—1729 of the Code of Ukraine on Administrative Offenses; 6) establishing a general rule to the effect that a person may not be relieved of administrative liability for such offenses due to their negligible nature, along with an exhaustive list of exceptions from this rule; 7) abolishing the linkage between the time frame for imposing penalties for such offenses to the day when they were discovered, as well as establishing the rule according to which the statute of limitations shall stop elapsing if the person is deliberately avoiding to appear before the court or is unable to show up for compelling reasons; 8) stipulating that proceedings in an administrative offense case can be discontinued on the basis of Article 38 of the Code of Ukraine on Administrative Offenses only on condition that it has been proven that the person is guilty of having committed the relevant administrative offense, which must be mentioned in the disposition of the decision to discontinue the case; 9) improving the procedure for applying coercive measures to individuals who avoid showing up in court without compelling reasons. National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
0% 0/ 1
2.1. ESR 3.2.2.2 The system of electronic proceedings in administrative offense cases has been introduced 3.2.2.2.1. Creating and launching an electronic procedural record keeping system as part of the Unified Judicial Information and Telecommunication System State Judicial Administration of Ukraine The measure has not been implemented Not implemented
0% 0/ 3
2.2. 3.2.2.2.2. Creating and launching the Unified State Register of Enforcement Documents as part of the Unified Judicial Information and Telecommunication System State Judicial Administration of Ukraine The measure has not been implemented Not implemented
2.3. 3.2.2.2.3. Securing appropriate funding for activities that involve developing and launching the modules of the electronic procedural record keeping system and the Unified State Register of Enforcement Documents within the Unified Judicial Information and Telecommunication System Ministry of Finance of Ukraine There is progress in the implementation of the measure In progress

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: