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

Direction: 3.2. Administrative liability

Progress in the implementation of measures as of 03.07.2024
measures, the implementation of which as of 31.03.2024
3 4 6
13
In progress Not implemented Not started
Measures implemented (fully and partially) - 0 ( 0%)
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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Status % of measures implemented (fully and partially) Evaluation of achievement of ESR Середній рівень ОСР
Direction 3.2. Administrative liability
0% 0 / 13
0.0%
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.
0% 0 / 9
0.0%
1.1 ОСР 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
0.0%
2.1 ОСР 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
0.0%
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 ОСР 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
0.0%
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
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.
0% 0 / 4
0.0%
1.1 ОСР 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
0.0%
2.1 ОСР 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
0.0%
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