Expected strategic result 2.1.3.6. Criminal prosecution mechanisms are not used to exert pressure on judges; the institution of criminal liability of judges for arbitrary abuse of their powers has been introduced
Indicators — 2
A law has taken effect, which:
a) institutes criminal liability for abuse of office by judges, while adhering to the principle of legal certainty and bearing in mind the legal position expressed in the Ruling of the Constitutional Court of Ukraine dated June 11, 2020, No. 7-r in the case brought by the constitutional petition of 55 people’s deputies of Ukraine on the compliance of Article 375 of the Criminal Code of Ukraine with the Constitution of Ukraine (constitutionality) (60 percent);
b) defines the particulars of initiation of a criminal proceeding and conducting a pretrial investigation of criminal proceedings involving abuse of office by judges, which would make it impossible to use such proceedings to exert pressure on judges (20 percent).
at least 80 percent of justice experts estimate that:
a) the provisions of the Criminal Code of Ukraine establishing criminal liability for abuse of power by judges are aligned with the principle of legal certainty (5 percent);
b) the provisions of the Criminal Code of Ukraine establishing criminal liability for abuse of power by judges factor in the legal position expressed in the Ruling of the Constitutional Court of Ukraine dated June 11, 2020, No. 7-r (5 percent);
c) the provisions of the Criminal Code of Ukraine establishing criminal liability for abuse of power by judges do not jeopardize the independence of judges (5 percent);
b) the particulars of initiation of a criminal proceeding and conducting a pretrial investigation of criminal proceedings involving abuse of office by judges completely or for the most part make it impossible to use such proceedings to exert pressure on judges (5 percent).