SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

ESR: 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

Progress in the implementation of measures as of 03.07.2024
measures, the implementation of which as of 31.03.2024
1 1
2
Implemented Partially implemented
Measures implemented (fully and partially) - 2 ( 100%)
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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Status % of measures implemented (fully and partially) Evaluation of achievement of ESR Середній рівень ОСР
Direction 3.3. Criminal liability
100% 2 / 2
0.0%
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
100% 2 / 2
0.0%
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