Direction 3.3.
Criminal liability
26.7%
20 /
75
0.0%
Problem 3.3.1.
Certain provisions of criminal law relating to criminal liability for corruption-related criminal offenses contradict international standards in this field, are not coordinated with each other and with the provisions of the criminal procedure legislation and the Law of Ukraine On Prevention of Corruption. As a result, in a significant number of cases, perpetrators of corruption-related criminal offenses are relieved of criminal liability and/or punishment
0%
0 /
10
0.0%
1.1
ОСР
3.3.1.1.
Discrepancies between the provisions of the Criminal Code of Ukraine and the Law of Ukraine On Prevention of Corruption regarding the definition of crimes of corruption have been eliminated
3.3.1.1.1 Arranging an analytical study whose scope includes, in particular: identification of terminological discrepancies, conflicts, and manifestations of unjustified competition arising among the Criminal Code of Ukraine, the Law of Ukraine On Prevention of Corruption, and the Criminal Procedure Code of Ukraine when it comes to defining crimes of corruption and corruption-related offenses; alignment of legislative provisions governing relief of criminal liability for corruption and corruption-related criminal offenses, measures taken with respect to legal entities under criminal law, as well as identifying the subjects of crimes of corruption and corruption-related criminal offenses, with international anticorruption standards
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
0%
0 /
3
0.0%
1.2
3.3.1.1.2 Holding a presentation of the report on the findings of the analytical study indicated in subclause 3.3.1.1.1, followed by its expert discussion
National Agency on Corruption Prevention
Implementation of the measure has not started
Not started
1.3
3.3.1.1.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to eliminate the existing terminological discrepancies, conflicts, and manifestations of unjustified competition arising among the Criminal Code of Ukraine, the Law, and the Criminal Procedure Code of Ukraine when it comes to defining crimes of corruption and corruption-related offenses, taking into account the findings of the analytical study indicated in subclause 3.3.1.1.1
National Agency on Corruption Prevention
Not started
2.1
ОСР
3.3.1.2.
Sanctions for corruption and corruption-related offenses are proportionate and have a significant injunctive and preventive effect, and none of the corruption-related criminal offenses are classified as criminal misdemeanors
3.3.1.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that factors in the findings of the analytical study focusing on sanctions for corruption or corruption-related offenses (which must be proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect) and:
1) improves the normative legal regulation of sanctions for crimes of corruption and corruption-related offenses;
2) increases the amount of fines as part of sanctions for specific crimes of corruption and corruption-related offenses, taking into account the degree of their social danger;
3) clearly and unambiguously provides for the possibility of exemption from serving the sentence with probation if the defendant signs a plea agreement in criminal proceedings involving crimes of corruption falling under the jurisdiction of the National Anticorruption Bureau;
4) toughens criminal liability for bribing a witness, to ensure that this criminal offense does not fall into the category of criminal misdemeanors and make extradition and special confiscation possible in relation to the perpetrator;
5) provides for the possibility of sanctions under criminal law against legal entities in the event of commission of all acts that are criminalized under the UN Convention against Corruption.
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
0%
0 /
1
0.0%
3.1
ОСР
3.3.1.3.
The investigative and judicial practice of criminal prosecution of individuals guilty of corruption and corruption-related criminal offenses is stable and predictable, in particular owing to summarized practices of application of laws
3.3.1.3.1 Annually preparing summaries of judicial practice of the Supreme Court in criminal proceedings involving corruption and corruption-related offenses for the previous calendar year
Supreme Court
There is progress in the implementation of the measure
In progress
0%
0 /
6
0.0%
3.2
3.3.1.3.2 Annually discussing the summaries of judicial practice of the Supreme Court with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Supreme Court
There is progress in the implementation of the measure
In progress
3.3
3.3.1.3.3 Annually preparing summaries of judicial practice of the High Anticorruption Court in criminal proceedings involving corruption and corruption-related offenses for the previous calendar year
High Anti-Corruption Court of Ukraine
There is progress in the implementation of the measure
In progress
3.4
3.3.1.3.4 Annually discussing the summaries of judicial practice of the High Anticorruption Court with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
High Anti-Corruption Court of Ukraine
There is progress in the implementation of the measure
In progress
3.5
3.3.1.3.5 Annually analyzing the judicial practice of criminal prosecution of individuals guilty of corruption or corruption-related offenses, and publishing the findings of this analysis
National Agency on Corruption Prevention
There is progress in the implementation of the measure
In progress
3.6
3.3.1.3.6 Annually discussing the reports prepared as part of the activity indicated in subclause 3.3.1.3.5 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
National Agency on Corruption Prevention
There is progress in the implementation of the measure
In progress
Problem 3.3.2.
Poor efficiency and quality of pretrial investigation of corruption and corruption-related criminal offenses (a significant number of such proceedings last for years) is due to excessive complexity of certain procedural formalities
23.1%
6 /
26
0.0%
1.1
ОСР
3.3.2.1.
The expediency of simplifying the procedures of specific other investigative (detective) activities or other procedural activities, taking into account the standards of respect for human rights and the practice of the European Court of Human Rights has been examined
3.3.2.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) provides for the possibility of involvement of field units in the implementation of interim measures in a criminal proceeding;
2) stipulates that monitoring of bank accounts belongs to overt investigative (detective) activities with the preservation of the basic principles according to which they are conducted (in respect of serious crimes or felonies in criminal proceedings falling under the jurisdiction of the National Anticorruption Bureau, the Bureau of Economic Security, by a decision of the investigating judge, while observing the requirements pertaining to the protection of privileged banking information);
3) provides for the possibility of temporary access to documents and items that do not contain privileged information protected under law, without court oversight;
4) stipulates that a person shall be deemed to be on the international wanted list from the time of the relevant decision of the investigator or prosecutor to put the person on the international wanted list;
5) abolishes the requirement that two eyewitnesses be recruited while conducting a search or inspection of the housing or other property of a person as long as uninterrupted video and audio recording it being performed;
6) improves the procedure for serving the indictment, the motion to apply coercive measures of medical or educational nature, by analogy with the procedure for serving a notice of suspicion.
National Agency on Corruption Prevention
There is progress in the implementation of the measure
In progress
0%
0 /
3
0.0%
1.2
3.3.2.1.2 Preparing an analytical report on the expediency of simplifying the procedures of specific other investigative (detective) activities or other procedural activities, taking into account the standards of respect for human rights and the practice of the European Court of Human Rights
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
1.3
3.3.2.1.3 Discussing the conclusions and recommendations outlined in the analytical report with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
2.1
ОСР
3.3.2.2.
The system of electronic criminal proceedings has been introduced
3.3.2.2.1 Integrating the iCase system used by the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office with the Unified Register of Pretrial Investigations
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
20%
3 /
15
0.0%
2.2
3.3.2.2.2 Integrating the iCase system used by the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office with the Unified Judicial Information and Telecommunication System or a different system used pursuant to Article 35 of the Criminal Procedure Code of Ukraine at the High Anticorruption Court
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
2.3
3.3.2.2.3 Commencing the use of the iCase system at the High Anticorruption Court
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
2.4
3.3.2.2.4 The iCase system is used to access the materials of criminal proceedings pursuant to Articles 221 and 290 of the Criminal Procedure Code of Ukraine.
National Anti-Corruption Bureau of Ukraine
The measure has not been implemented
Not implemented
2.5
3.3.2.2.5 Improving the iCase system taking into account the experience of its usage in the activities of the National Anticorruption Bureau, the Specialized Anticorruption Prosecutor’s Office, and the High Anticorruption Court, and the need to ensure that it is used by all prosecutorial authorities and pretrial investigation authorities in each criminal proceeding
Prosecutor General’s Office of Ukraine
The measure has not been implemented
Not implemented
2.6
3.3.2.2.6 Developing and approving the Operating Procedure of the Pretrial Investigation Information and Telecommunication System, which is used by all prosecutorial authorities and pretrial investigation authorities in each criminal proceeding
Prosecutor General’s Office of Ukraine
The measure has not been implemented
Not implemented
2.7 (2)
3.3.2.2.7 (2) Preparing informational and explanatory materials on the use of the Pretrial Investigation Information and Telecommunication System in criminal proceedings
Prosecutor`s Training Center of Ukraine
Not started
2.7 (1)
3.3.2.2.7 (1) Preparing informational and explanatory materials on the use of the Pretrial Investigation Information and Telecommunication System in criminal proceedings
National School of Judges of Ukraine
Not started
2.8 (6)
3.3.2.2.8 (6) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
Security Service of Ukraine
Not started
2.8 (5)
3.3.2.2.8 (5) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
Economic Security Bureau of Ukraine
Not started
2.8 (4)
3.3.2.2.8 (4) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
State Bureau of Investigation
Implementation of the measure has not started
Not started
2.8 (3)
3.3.2.2.8 (3) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
National Anti-Corruption Bureau of Ukraine
Not started
2.8 (2)
3.3.2.2.8 (2) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
Prosecutor`s Training Center of Ukraine
Not started
2.8 (1)
3.3.2.2.8 (1) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
National School of Judges of Ukraine
Not started
2.8 (7)
3.3.2.2.8 (7) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
National Police of Ukraine
Not started
3.1
ОСР
3.3.2.3.
The guarantees of institutional and operational independence of the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office are properly defined and implemented in practice, particularly by:
clarifying the legislative provisions on the status of the National Anticorruption Bureau of Ukraine within the system of executive authorities (while maintaining the existing guarantees of independence), as well as the entity appointing and dismissing the Director of the National Anticorruption Bureau of Ukraine in accordance with the Ruling of the Constitutional Court of Ukraine No. 9-r/2020;
conducting an independent evaluation (audit) of the performance of the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office with the involvement of independent experts
3.3.2.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine draft laws proposing amendments to laws of Ukraine, in particular the Law of Ukraine On the Prosecutor’s Office, which:
1) improve the procedure for competitive selection of the head of the Specialized Anticorruption Prosecutor’s Office and stipulate that it shall be conducted with the decisive involvement of independent experts appointed by international and foreign organizations that have provided international technical assistance to Ukraine in matters of preventing and combating corruption;
2) stipulate that all powers of the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office shall be exercised by the first deputy or deputy in the event of the latter’s absence; the first deputy and deputy head of the Specialized Anticorruption Prosecutor’s Office are categorized as senior officials of the prosecutorial authorities;
3) clearly establish at the legislative level the amount of salaries of prosecutors at the Specialized Anticorruption Prosecutor’s Office, especially those occupying administrative positions with the Specialized Anticorruption Prosecutor’s Office;
4) provide for the possibility of entering information about an alleged offense committed by a Parliament member of Ukraine by the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office (acting head) and the head of the Central Detective Office of the National Anticorruption Bureau, as well as the possibility of approval by the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office (acting head) of motions to be examined by the investigating judge;
5) increase by 300 persons the maximum staff size of the National Anticorruption Bureau (with the enactment of these provisions taking into account the situation that has formed under the legal regime of martial law);
6) create an expert institution for conducting expert examinations in criminal proceedings involving criminal offenses that fall under the jurisdiction of detectives of the National Anticorruption Bureau.
National Agency on Corruption Prevention
The measure was implemented on time, but partially
Partially implemented
25%
1 /
4
0.0%
3.2
3.3.2.3.2 Developing and coordinating the technical requirements for the system of autonomous collection of information from electronic communication networks of providers of electronic communication services
Security Service of Ukraine
The measure has not been implemented
Not implemented
3.3
3.3.2.3.3 Developing and coordinating the engineering solution for building the system of autonomous collection of information from electronic communication networks of providers of electronic communication services
Security Service of Ukraine
The measure has not been implemented
Not implemented
3.4
3.3.2.3.4 Implementing the engineering solution and deploying the system of autonomous collection of information from electronic communication networks of providers of electronic communication services
Security Service of Ukraine
Implementation of the measure has not started
Not started
4.1
ОСР
3.3.2.4.
The National Anticorruption Bureau of Ukraine and the Specialized Anticorruption Prosecutor’s Office are effectively performing their tasks, among other things through:
clarification of legislative provisions on the conclusion of plea agreements in criminal proceedings involving corruption or corruption-related crimes;
ensuring the practical observance of the rules of jurisdiction and holding the prosecutors in breach of such rules accountable;
continued optimization of internal workflows and full-fledged implementation of the electronic criminal proceeding system
3.3.2.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) permits concluding plea agreements in criminal proceedings falling under the jurisdiction of the National Anticorruption Bureau on condition of full or partial compensation of losses or harm by the defendant, suspect (other than the organizer of the criminal offense);
2) provides for the possibility of exemption from serving the sentence with probation if the defendant signs a plea agreement in criminal proceedings involving crimes of corruption falling under the jurisdiction of the National Anticorruption Bureau;
3) expands the list of penalties that may be agreed upon by the parties to the agreement on exemption from serving the sentence with probation in criminal proceedings involving crimes of corruption falling under the jurisdiction of the National Anticorruption Bureau, and also expands the list of applicable additional penalties;
4) provides for the possibility of establishing a probation period longer than three years in case of exemption from serving the sentence with probation under a plea agreement, as well as establishes longer period for expunging the criminal record in case of exemption from serving the sentence with probation in connection of serious crimes or felonies involving corruption;
5) provides for the possibility of continuing the judicial proceedings under the general procedure if the court refuses to approve the plea agreement and if no motions have been filed to return the proceeding back to the pretrial investigation stage;
6) provides for the possibility of presenting a plea agreement to the court repeatedly in the same criminal proceeding if the grounds for its rejection have been eliminated;
7) stipulates that the resolution of disputes over jurisdiction in proceedings that belong or may be found to belong to the jurisdiction of the National Anticorruption Bureau shall be carried out only by the Prosecutor General or the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office.
Ministry of Justice of Ukraine
The measure was implemented late and partially
Partially implemented
100%
2 /
2
0.0%
4.2
3.3.2.4.2 Providing the technical capability to search the Uniform Register of Pretrial Investigations for information based on various criteria (specifically based on the case background, amount of damages) in order to find criminal proceedings that may fall under the jurisdiction of the National Anticorruption Bureau while other agencies are conducting a pretrial investigation in such cases
Prosecutor General’s Office of Ukraine
The measure was not implemented on time and in full
Implemented
5.1
ОСР
3.3.2.5.
Effective cooperation has been established among the National Anticorruption Bureau of Ukraine, the Specialized Anticorruption Prosecutor’s Office, and other government agencies (primarily pretrial investigation authorities, prosecutorial agencies, the National Agency, ARMA, and the State Financial Monitoring Service)
3.3.2.5.1 Introducing the capability to exchange data (particularly classified information) between the National Anticorruption Bureau and the State Financial Monitoring Service in electronic form
National Anti-Corruption Bureau of Ukraine
There is no progress in the implementation of the measure
In progress
0%
0 /
2
0.0%
5.2
3.3.2.5.2 Analyzing the effectiveness of the review by the National Anticorruption Bureau of the consolidated materials of the State Financial Monitoring Service, in order to identify the causes that can potentially reduce such effectiveness and issue recommendations on ways to improve cooperation between the National Anticorruption Bureau and the SFMS
National Anti-Corruption Bureau of Ukraine
Implementation of the measure has not started
Not started
Problem 3.3.3.
The legislation governing the activity of the ARMA contains numerous gaps and corruption risks. Low effectiveness of the processes of transferring assets to ARMA for management to preserve their economic value, as well as the processes of combating and preventing money laundering
30.6%
11 /
36
0.0%
1.1
ОСР
3.3.3.1.
The risks of discretion, unpredictability, and ineffectiveness of ARMA’s handling of seized assets have been minimized by introducing a clear regulatory framework for the management of corporate rights, integral property complexes, residential properties, and other types of assets
3.3.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) details the procedure for appointing the manager of the seized asset, particularly by defining the specific considerations of the application of laws on public procurement in the procedure in question;
2) regulates the procedure to be followed by ARMA if the audit of the effectiveness of management of seized assets reveals instances of improper management of assets or attempts by the manager to dispose of the assets.
Asset Recovery and Management Agency
Implementation of the measure has started on time
In progress
0%
0 /
2
0.0%
1.2
3.3.3.1.2 Aligning normative legal acts with the law indicated in subclause 3.3.3.1.1
Asset Recovery and Management Agency
Not started
2.1
ОСР
3.3.3.2.
The legal balance between the possibility of appealing decisions, actions, or omissions to act on the part of ARMA by the concerned parties and safeguards against immobilizing the work of the agency through abuse of procedural rights has been ensured
3.3.3.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) establishes the priority of criminal justice when it comes to deciding the matters of the transfer of seized assets to ARMA for management and the actual management of the assets, as well as the list of grounds for contesting in court any decisions, actions or omissions to act with respect to the management of assets in court as part of commercial or civil proceedings;
2) establishes the procedure for appealing decisions, actions or omissions to act on the part of ARMA in matters relating to the appointment of the asset manager as part of administrative proceedings, and specifies an exhaustive list of individuals who can appeal the relevant decisions, actions or omissions to act on the part of ARMA, as well as an exhaustive list of grounds for such an appeal;
3) establishes the procedure for appealing decisions, actions or omissions to act on the part of ARMA in matters relating to audits of the effectiveness of management of assets handed over to managers, as part of administrative proceedings, and specifies an exhaustive list of individuals who can appeal the relevant decisions, actions or omissions to act on the part of ARMA, as well as an exhaustive list of grounds for such an appeal;
4) makes it impossible to block the asset management activities of ARMA by resorting to interim measures as part of administrative, commercial, or civil proceedings.
Asset Recovery and Management Agency
Implementation of the measure has started on time
In progress
0%
0 /
1
0.0%
3.1
ОСР
3.3.3.3.
The specifics of ARMA’s title to seized assets under its management, civil, fiscal, and other rights and obligations of their owners, ARMA, and third parties in relation to the relevant property are clearly defined
3.3.3.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) defines the particularities of the property title of ARMA to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management;
2) defines the rights and duties of ARMA with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management;
3) defines the rights and duties of the owner with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management;
4) defines the rights and duties of the manager with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management and subsequently transferred to the manager;
5) defines the rights and duties of third parties that have or may have legitimate interests tied to the assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management.
Asset Recovery and Management Agency
Implementation of the measure has not started
Not started
0%
0 /
1
0.0%
4.1
ОСР
3.3.3.4.
Judicial oversight of ARMA’s management of seized assets has been toughened
3.3.3.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that regulates in detail the procedure for initiating the examination, conducting the examination, and issuing the decision of the investigating judge on the possibility of selling an asset, as well as the procedure for appealing this decision in a court of appeal
Asset Recovery and Management Agency
Implementation of the measure has not started
Not started
0%
0 /
1
0.0%
5.1
ОСР
3.3.3.5.
Oversight of ARMA’s activities by the Public Council at ARMA has been strengthened, and transparent public accounting of assets under management has been ensured, including the publication of up-to-date information on their condition and characteristics
3.3.3.5.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) stipulates that the Public Council at ARMA shall appoint at least 40 percent of the members of the ARMA disciplinary committee from among the members of the Public Council;
2) stipulates that the Public Council at ARMA shall appoint at least 40 percent of the members of competitive committee (tasked with selecting candidates for vacant positions with ARMA) from among the members of the Public Council;
3) provides for the powers of the Public Council at ARMA to conduct public control over the legitimacy and transparency of appointment of asset managers, specifically by designating the members of the Public Council at ARMA to participate in the process of designating the asset managers;
4) provides for the powers of the Public Council at ARMA to conduct public control over the legitimacy and transparency of decisions on the sale of assets;
5) provides for the powers of the Public Council at ARMA to conduct public control over the effectiveness of management of assets handed over to ARMA;
6) provides for the powers of the Public Council at ARMA to issue opinions on the annual performance report of ARMA;
7) provides for the possibility of participation of individuals designated by the Public Council at ARMA (from among the Council members) in audits of the effectiveness of management of seized assets handed over to ARMA for management;
8) stipulates that ARMA shall publicize the findings of audits of the effectiveness of management of seized assets handed over to ARMA for management.
Asset Recovery and Management Agency
Implementation of the measure has started on time
In progress
50%
1 /
2
0.0%
5.2
3.3.3.5.2 Putting the Unified State Register of Assets Seized in Criminal Proceedings into permanent (commercial) operation
Asset Recovery and Management Agency
The measure was not implemented on time and in full
Implemented
6.1
ОСР
3.3.3.6.
The effectiveness of ARMA has been enhanced by strengthening its institutional capacity, mechanisms for international cooperation, identification and tracking of assets abroad, and by rebooting its leadership team based on the principles of professionalism and impartiality
3.3.3.6.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) improves the procedure of competitive selection of the Head of ARMA in order to attain a higher level of transparency of the selection process and eliminate risks of politicization or bias of the competitive selection committee;
2) defines a comprehensive list of compelling grounds for dismissal or termination of the powers of the Head of ARMA, and also provides for the possibility of their suspension exclusively in the manner prescribed by the Criminal Procedure Code of Ukraine;
3) institutes guarantees of independence of ARMA from undue interference or influence on the activities of the agency;
4) aligns the procedure of independent external evaluation of ARMA performance with the Constitution of Ukraine, and creates preconditions for its effective application in practical activities.
Asset Recovery and Management Agency
Implementation of the measure has started on time
In progress
0%
0 /
4
0.0%
6.2
3.3.3.6.2 Drafting normative legal acts that need to be approved in order to implement the law indicated in subclause 3.3.3.6.1
Asset Recovery and Management Agency
Not started
6.3
3.3.3.6.3 Holding a public discussion of the draft normative legal acts indicated in subclause 3.3.3.6.2, obtaining expert opinions and revising the acts
Asset Recovery and Management Agency
Not started
6.4
3.3.3.6.4 Issuing the normative legal acts indicated in subclause 3.3.3.6.2 and performing their state registration
Asset Recovery and Management Agency
Not started
7.1
ОСР
3.3.3.7.
Fair and clear grounds for liability of ARMA and its officials for ineffective management of seized assets have been established
3.3.3.7.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that institutes separate grounds for bringing ARMA employees to disciplinary liability in the event of deliberate or negligent violation of the established procedure for appointing an asset manager; a violation of the established procedure for inspecting the effectiveness of management of seized assets handed over to ARMA for management; failure to respond or violation of the established procedure for responding to information received and/or established facts of improper management of assets or attempts by the manager to dispose of assets.
Asset Recovery and Management Agency
The measure was not implemented on time and in full
Implemented
100%
1 /
1
0.0%
8.1
ОСР
3.3.3.8.
Seizure and transfer of illegally obtained assets to ARMA for management in order to preserve their economic value are carried out effectively and in a timely manner
3.3.3.8.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) introducing a procedure for urgent notification of ARMA prosecutors about the discovery of assets that can be seized;
2) introducing the mandatory planning of the seizure of an asset in respect of which the issue of its transfer to ARMA for management will be raised, before the prosecutor has filed a motion for seizure of the asset in a criminal proceeding or in a civil proceeding;
3) providing for the possibility of the transfer to ARMA for management of any asset that has been seized in a criminal proceeding and whose value exceeds 200 times the minimum living wage of able-bodied individuals (irrespective of whether or not this asset constitutes physical evidence and irrespective of the grounds on which it was seized as part of the criminal proceeding)
Asset Recovery and Management Agency
Implementation of the measure has started on time
In progress
0%
0 /
3
0.0%
8.2
3.3.3.8.2 Developing software and deploying hardware of the system for secure electronic data exchange between ARMA, prosecutorial agencies, and pretrial investigation authorities to be used for real-time transmission of queries to ARMA and prompt notification about the discovery of assets mentioned in the query, the discovery of assets subject to seizure, etc
Asset Recovery and Management Agency
Not started
8.3
3.3.3.8.3 Developing and approving the Regulation on the system for secure electronic data exchange between ARMA, prosecutorial agencies, and pretrial investigation authorities to be used for real-time transmission of queries to ARMA and prompt notification about the discovery of assets mentioned in the query, the discovery of assets subject to seizure, etc.
Asset Recovery and Management Agency
Not started
9.1 (1)
ОСР
3.3.3.9.
The management of assets seized in criminal proceedings, the search for illegally obtained assets outside Ukraine and their repatriation are carried out effectively, inter alia, owing to: the strengthening of the institutional capacity of ARMA;
the improvement of legislation governing the transfer of assets for management; ensuring effective international cooperation
3.3.3.9.1 (1) Arranging the connection of ARMA and the National Agency to the SIENA secure data exchange system
Asset Recovery and Management Agency
The measure was not implemented on time and in full
Implemented
20%
1 /
5
0.0%
9.1 (2)
3.3.3.9.1 (2) Arranging the connection of ARMA and the National Agency to the SIENA secure data exchange system
National Agency on Corruption Prevention
The measure has not been implemented
Not implemented
9.2
3.3.3.9.2 Forming an interagency taskforce responsible for coordinating the efforts of government agencies aimed at recovering the assets and implementing the Asset Recovery Strategy
Asset Recovery and Management Agency
The measure has not been implemented
Not implemented
9.3
3.3.3.9.3 Developing and approving the action plan towards implementation of the Asset Recovery Strategy
Asset Recovery and Management Agency
The measure has not been implemented
Not implemented
9.4
3.3.3.9.4 Preparing the annual report on the status of implementation of the Asset Recovery Strategy and the action plan towards its implementation, which contains recommendations on the revision of the Asset Recovery Strategy and the action plan towards its implementation (if needed)
Asset Recovery and Management Agency
Not started
10.1
ОСР
3.3.3.10.
Cases of money laundering and assets obtained through corruption are detected and duly document owing to the effective work of the State Financial Monitoring Service and the regulatory framework governing its cooperation with the National Agency, the National Anticorruption Bureau, the Specialized Anticorruption Prosecutor's Office, ARMA, and other government agencies
3.3.3.10.1 Launching the information and telecommunications system “Electronic Workspace of the Financial Monitoring System”
State Financial Monitoring Service of Ukraine
Not started
0%
0 /
1
0.0%
11.1
ОСР
3.3.3.11.
Measures to prevent the laundering of money obtained through corruption are determined based on the results of risk assessment and are duly implemented. FATF recommendations are being consistently implemented
3.3.3.11.1 Submitting to the Cabinet of Ministers of Ukraine the draft law on the creation of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes in accordance with EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and on amendments to Directives 2009/138/EU and 2013/36/EU (as subsequently amended), and supporting its passage
Ministry of Finance of Ukraine
The measure has not been implemented
Not implemented
53.3%
8 /
15
0.0%
11.2
3.3.3.11.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that stipulates that property shall be deemed to have been obtained by criminal means for the purposes of Article 209 of the Criminal Code of Ukraine taking into account the factual circumstances and does not require a court decision issued in Ukraine or abroad, which has established the fact of the commission of the crime that resulted in the acquisition of such property or has criminally prosecuted the defendant for this crime
National Agency on Corruption Prevention
Implementation of the measure has started on time
In progress
11.3
3.3.3.11.3 Supporting the consideration of the draft law that updates the provisions of the Criminal Procedure Code of Ukraine pertaining to international cooperation in a criminal proceeding, taking into account critical feedback provided in MONEYVAL reports, in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law)
Ministry of Justice of Ukraine
There is progress in the implementation of the measure
In progress
11.4 (1)
3.3.3.11.4 (1) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849
Ministry of Finance of Ukraine
The measure was implemented on time and in full
Implemented
11.4 (6)
3.3.3.11.4 (6) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849
Ministry of Digital Transformation of Ukraine
The measure was implemented on time and in full
Implemented
11.4 (5)
3.3.3.11.4 (5) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented
11.4 (4)
3.3.3.11.4 (4) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849
National Bank of Ukraine
The measure was implemented on time and in full
Implemented
11.4 (3)
3.3.3.11.4 (3) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849
State Financial Monitoring Service of Ukraine
The measure was implemented on time and in full
Implemented
11.4 (2)
3.3.3.11.4 (2) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849
National Commission on Securities and Stock Market
The measure was implemented on time and in full
Implemented
11.5
3.3.3.11.5 Preparing and submitting to the Cabinet of Ministers of Ukraine in the prescribed manner the consolidated proposals from participants of the national assessment of risks regarding the implementation of measures towards prevention and/or mitigation of adverse consequences of the risks identified
State Financial Monitoring Service of Ukraine
The measure was not implemented on time and in full
Implemented
11.6
3.3.3.11.6 Approving the consolidated proposals from participants of the national assessment of risks regarding the implementation of measures towards prevention and/or mitigation of adverse consequences of the risks identified
State Financial Monitoring Service of Ukraine
The measure was not implemented on time and in full
Implemented
11.7
3.3.3.11.7 Preparing and conducting a scheduled national risk assessment in accordance with the Methodology of National Assessment of Risks of Money Laundering and Financing of Terrorism in Ukraine
State Financial Monitoring Service of Ukraine
Not started
11.8
3.3.3.11.8 Approving the report of the scheduled national assessment of risks of money laundering and financing of terrorism in Ukraine
Council on Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction
Not started
11.9
3.3.3.11.9 Developing software and deploying hardware of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes
State Tax Service of Ukraine
Not started
11.10
3.3.3.11.10 Developing and approving the Regulation on the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes after consultations with the National Bank
State Tax Service of Ukraine
Not started
Problem 3.3.4.
The overall progress of court hearings involving corruption and corruption-related criminal offenses is slow. There is no established practice of consideration of criminal proceedings in this category. There are numerous cases of abuse of procedural rights by litigants
100%
3 /
3
0.0%
1.1
ОСР
3.3.4.1.
Court hearings of criminal proceedings involving corruption and corruption-related criminal offenses are conducted in compliance with the principles prescribed by the Criminal Procedure Code of Ukraine
3.3.4.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) institutes one-person judicial examination of criminal proceedings at the High Anticorruption Court as the court of first instance (except for criminal proceedings involving felonies that must be examined at the High Anticorruption Court as the court of first instance by a panel of three judges);
2) provides for the inadmissibility of abuses of procedural rights by parties to the criminal proceeding and the possibility of the investigating judge or court finding specific actions or omissions to act by such parties as abuse;
3) grants powers to the investigating judge or court to issue a separate ruling in the event of abuse of procedural rights or failure to perform duties by parties to criminal proceedings;
4) broadens the grounds for imposing monetary penalties for nonperformance of duties by parties to the criminal proceeding, and increases their amounts;
5) simplifies the procedure for serving a summons in a criminal proceeding on individuals who reside abroad and are citizens of Ukraine;
6) stipulates that only the absence of all defense attorneys of one suspect or defendant at the same time during a court hearing shall be grounds for adjourning the court hearing;
7) establishes the procedure for determining the scope and sequence of examination of documents, audio and video recordings during a court hearing;
8) provides for the possibility of announcing only the introductory part and disposition of the verdict that has a large volume and requires a considerable amount of time to be announced, with the complete text of the verdict to be served (mailed in case of the recipient’s absence during the court hearing) on the day when it was announced to the parties to the judicial proceeding.
National Agency on Corruption Prevention
The measure was implemented on time, but partially
Partially implemented
100%
1 /
1
0.0%
2.1
ОСР
3.3.4.2.
The substantive jurisdiction of the High Anticorruption Court has been narrowed down through an increase in the scale of the object of the crime or the harm caused by it
3.3.4.2.1 Preparing an analytical report on the feasibility of continued narrowing down of the substantive jurisdiction of the High Anticorruption Court through an increase in the scale of the object of the crime or the harm caused by it
Ministry of Justice of Ukraine
The measure was not implemented on time and in full
Implemented
100%
2 /
2
0.0%
2.2
3.3.4.2.2 Discussing the conclusions and recommendations outlined in the analytical report with the participation of representatives of government agencies, NGOs, international organizations, coordinators of international technical assistance projects, and the academic community
Ministry of Justice of Ukraine
The measure was implemented on time and in full
Implemented