3.2.1.3.1.
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
The main implementer: National Agency on Corruption Prevention
*3.2.1.3.2. 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
The main implementer: National Agency on Corruption Prevention
*3.2.1.3.3 (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
The main implementer: National Agency on Corruption Prevention
*3.2.1.3.3 (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
The main implementer: National Police of Ukraine
*3.2.1.3.3 (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
The main implementer: Prosecutor General’s Office of Ukraine
*3.2.1.3.3 (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
The main implementer: Supreme Court
An analysis of the legislation and consolidation of the practice of prosecuting entities subject to the Law for administrative offenses involving corruption in 2014-2023, with a focus on the extent to which the penalties imposed correspond to the principles of justice, proportionality, and individualization, as well as their ability to accomplish the objective of the administrative sanction.
The law on systematic improvement of the types and amounts of penalties to be imposed on persons who have committed administrative offenses involving corruption has come into force.
the results of the expert survey have demonstrated that:
a) more than 75 percent of experts on the formulation and implementation of the legal policy evaluate the quality of legal regulation indicated in subclause 2 of clause 3.2.1.3 as high or very high (30 percent);
b) more than 50 percent of experts on the formulation and implementation of the legal policy evaluate the quality of legal regulation indicated in subclause 2 of clause 3.2.1.3 as high or very high (20 percent);
c) more than 25 percent of experts on the formulation and implementation of the legal policy evaluate the quality of legal regulation indicated in subclause 2 of clause 3.2.1.3 as high or very high (10 percent).