Progress in the implementation of measures as of
03.07.2024
3 |
20%
2 |
13.3%
2 |
13.3%
6 |
40%
2 |
13.3%
15
Implemented
Partially implemented
In progress
Not implemented
Not started
Measures implemented (fully and partially) -
5 (
33.3%)
Measures —
15
2.4.4.1.1.
Arranging an analytical study to determine the feasibility of amendments to the Criminal Code and the Criminal Procedure Code of Ukraine and other laws to integrate the recommendations of the OECD:
1) expanding the grounds for imposition of criminal penalties on legal entities to include crimes of corruption committed not only by an authorized representative for and on behalf of the legal entity, but also by the ultimate beneficial owner (controller), a lower-level employee of the legal entity, and third parties;
2) providing for such a kind of a remedy under criminal law as restricting a legal entity from engaging a certain kind of activity (including by revoking a previously issued permit and/or license);
3) providing for such a kind of a remedy under criminal law as imposing a compliance obligation on a legal entity, and compiling the list of such obligations;
4) allowing the court to exempt a legal entity from penalties under criminal law or mitigate the penalty imposed on the legal entity if the court has found that the compliance rules, mechanisms of internal control, and anticorruption program in place at the legal entity are effective, or that sufficient efforts were made to prevent the commission of the crime of corruption;
5) granting the court powers to impose specific obligations on a legal entity, so that when such obligations are performed the legal entity will not be criminally prosecuted;
6) providing for the possibility of legal entities entering into an agreement on deferral of judicial prosecution;
7) setting forth the requirements for the agreement on deferral of judicial prosecution.
The main implementer:
National Agency on Corruption Prevention
2.4.4.1.2.
Holding a presentation of the report on the findings of the analytical study indicated in subclause 2.4.4.1.1, followed by its expert discussion
The main implementer:
National Agency on Corruption Prevention
2.4.4.1.3.
Drafting and submitting to the Cabinet of Ministers of Ukraine the draft laws proposing amendments to the Criminal Code and the Criminal Procedure Code of Ukraine as well as other laws of Ukraine that would integrate the OECD recommendations based on the findings of the analytical study indicated in subclause 2.4.4.1.1
The main implementer:
National Agency on Corruption Prevention
2.4.4.1.4.
Analyzing the provisions of the OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
The main implementer:
National Anti-Corruption Bureau of Ukraine
2.4.4.1.5.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL]
The main implementer:
National Anti-Corruption Bureau of Ukraine
2.4.4.1.6.
Analyzing the provisions of the OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
The main implementer:
Ministry of Economy of Ukraine
2.4.4.1.7.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163]
The main implementer:
Ministry of Economy of Ukraine
2.4.4.1.8.
Analyzing the provisions of the OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)] and identifying gaps in Ukrainian legislation, which need to be filled in accordance with said Recommendation
The main implementer:
Ministry of Finance of Ukraine
2.4.4.1.9.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend legislation with a view to its approximation to the provisions of the OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)]
The main implementer:
Ministry of Finance of Ukraine
2.4.4.1.10.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to legislative acts with a view to implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, with the exception of the amendments indicated in subclauses 3.3.1.1.3, 3.3.1.2.3, 3.3.2.1.1 і 3.3.2.4.1
The main implementer:
National Anti-Corruption Bureau of Ukraine
2.4.4.1.11.
Ensuring the regular participation of Ukrainian representatives in meetings of the OECD Working Group on Combating Bribery in International Business Transactions
The main implementer:
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
2.4.4.1.12.
Drafting and submitting to the Cabinet of Ministers of Ukraine the Draft Law of Ukraine On Ratification of the Agreement (via an Exchange of Letters) on Ukraine’s Accession to the OECD Working Group on Combating Bribery in International Business Transactions
The main implementer:
Ministry of Foreign Affairs of Ukraine
2.4.4.1.13.
Arranging the payment of fees to the OECD Working Group on Combating Bribery in International Business Transactions for participation in the group’s activities
The main implementer:
Ministry of Finance of Ukraine
2.4.4.1.14.
Ensuring Ukraine’s successful in-depth cross-examination by the OECD to verify Ukraine’s readiness for membership in the OECD Working Group on Combating Bribery in International Business Transactions, and invitation for Ukraine to join it as a full member
The main implementer:
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
2.4.4.1.15.
Arranging the ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
The main implementer:
The working group formed in accordance with the Decree of the President of Ukraine dated July 28, 2022 No. 539/2022
Indicators —
4
Evaluation of achievement of ESR —
indicator weight —
1
A law has taken effect, which has amended the Criminal Code and the Criminal Procedure Code of Ukraine and other laws to integrate the recommendations of the Organization for Economic Cooperation and Development, specifically by:
a) expanding the grounds for imposition of criminal penalties on legal entities to include crimes of corruption committed not only by an authorized representative for and on behalf of the legal entity, but also by the ultimate beneficial owner (controller), a lower-level employee of the legal entity, and third parties (5 percent);
b) providing for such a kind of a remedy under criminal law as restricting a legal entity from engaging a certain kind of activity (including by revoking a previously issued permit and/or license) (5 percent);
c) providing for such a kind of a remedy under criminal law as imposing a compliance obligation on a legal entity, and compiling the list of such obligations (6 percent);
d) allowing the court to exempt a legal entity from penalties under criminal law or mitigate the penalty imposed on the legal entity if the court has found that the compliance rules, mechanisms of internal control, and anticorruption program in place at the legal entity are effective, or that sufficient efforts were made to prevent the commission of the crime of corruption (6 percent);
e) granting the court powers to impose specific obligations on a legal entity, so that when such obligations are performed the legal entity will not be criminally prosecuted (6 percent);
f) providing for the possibility of legal entities entering into an agreement on deferral of judicial prosecution (6 percent);
g) setting forth the requirements for the agreement on deferral of judicial prosecution (6 percent).
2
A law has taken effect, which has amended the legislation for the purposes of approximation of its provisions with:
a) OECD Council Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)159/REV1/FINAL] (7 percent);
b) OECD Council Recommendations on Bribery and Officially Supported Export Credits [C(2006)163] (7 percent);
c) OECD Council Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions [C(2009)64)] (6 percent).
3
A law has taken effect, which has amended legislation for the purposes of implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
4
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions has been ratified.
* - certain measures are common to several ESRs, but have a separate number (id)