Expected strategic result 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

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Progress in the implementation of measures as of 21.11.2024
measures, the implementation of which as of 30.09.2024
1
1
Not implemented
Measures implemented (fully and partially) - 0 ( 0%)
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Measures — 1

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.

The main implementer: National Agency on Corruption Prevention

Indicators — 2

Evaluation of achievement of ESR — indicator weight —
1
0 / 70%

A law has taken effect, which 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:
a) improves the normative legal regulation of sanctions for crimes of corruption and corruption-related offenses (30 percent);
b) 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 (20 percent);
c) toughens criminal liability for bribing a witness, aggrieved party, or expert, 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 (10 perpetrator);
d) 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 (10 percent).

2
0 / 30%

the results of the expert survey have demonstrated that:
a) at least 75 percent of experts on the formulation and implementation of legal policy completely agree or rather agree with the statement that sanctions for corruption or corruption-related crimes are proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect (30 percent);
b) at least 50 percent of experts on the formulation and implementation of legal policy completely agree or rather agree with the statement that sanctions for corruption or corruption-related crimes are proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect (20 percent);
c) at least 25 percent of experts on the formulation and implementation of legal policy completely agree or rather agree with the statement that sanctions for corruption or corruption-related crimes are proportional, suitable for the kind of criminal offense, effective, and have a deterrent effect (10 percent).

* - certain measures are common to several ESRs, but have a separate number (id)