Progress in the implementation of measures as of 21.11.2024
measures, the implementation of which as of 30.09.2024
1
1
Partially implemented
Measures implemented (fully and partially) - 1 ( 100%)
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Measures — 1

3.3.4.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) institutes one-person judicial examination of criminal proceedings at the High Anticorruption Court as the court of first instance (except for criminal proceedings involving felonies that must be examined at the High Anticorruption Court as the court of first instance by a panel of three judges);
2) provides for the inadmissibility of abuses of procedural rights by parties to the criminal proceeding and the possibility of the investigating judge or court finding specific actions or omissions to act by such parties as abuse;
3) grants powers to the investigating judge or court to issue a separate ruling in the event of abuse of procedural rights or failure to perform duties by parties to criminal proceedings;
4) broadens the grounds for imposing monetary penalties for nonperformance of duties by parties to the criminal proceeding, and increases their amounts;
5) simplifies the procedure for serving a summons in a criminal proceeding on individuals who reside abroad and are citizens of Ukraine;
6) stipulates that only the absence of all defense attorneys of one suspect or defendant at the same time during a court hearing shall be grounds for adjourning the court hearing;
7) establishes the procedure for determining the scope and sequence of examination of documents, audio and video recordings during a court hearing;
8) provides for the possibility of announcing only the introductory part and disposition of the verdict that has a large volume and requires a considerable amount of time to be announced, with the complete text of the verdict to be served (mailed in case of the recipient’s absence during the court hearing) on the day when it was announced to the parties to the judicial proceeding.

The main implementer: National Agency on Corruption Prevention

Indicators — 2

Evaluation of achievement of ESR — indicator weight —
1
0 / 50%

A law has taken effect, which:
a) institutes one-person judicial examination of criminal proceedings at the High Anticorruption Court as the court of first instance (except for criminal proceedings involving felonies that must be examined at the High Anticorruption Court as the court of first instance by a panel of three judges) (7.5 percent);
b) provides for the inadmissibility of abuses of procedural rights by parties to the criminal proceeding and the possibility of the investigating judge or court finding specific actions or omissions to act by such parties as abuse (7.5. percent);
c) grants powers to the investigating judge or court to issue a separate ruling in the event of abuse of procedural rights or failure to perform duties by parties to criminal proceedings (7.5 percent);
d) broadens the grounds for imposing monetary penalties for nonperformance of duties by parties to the criminal proceeding, and increases their amounts (7.5 percent);
e) simplifies the procedure for serving a summons in a criminal proceeding on individuals who reside abroad and are citizens of Ukraine (5 percent);
f) stipulates that the absence of all defense attorneys of one suspect or defendant at the same time during a court hearing shall be grounds for adjourning the court hearing (5 percent);
g) establishes the procedure for determining the scope and sequence of examination of documents, audio and video recordings during a court hearing (5 percent);
h) provides for the possibility of announcing only the introductory part and disposition of the verdict that has a large volume and requires a considerable amount of time to be announced, with the complete text of the verdict to be served (mailed in case of the recipient’s absence during the court hearing) on the day when it was announced to the parties to the judicial proceeding (5 percent).

2
0 / 50%

at least 80 percent of experts on the formulation and implementation of the legal policy estimate that:
a) legislative provisions make it possible to ensure compliance with reasonable time limits for court hearings of criminal proceedings (10 percent);
b) court hearings of criminal proceedings involving corruption or corruption-related criminal offenses (except for proceedings falling under the substantive jurisdiction of the High Anticorruption Court) are always or for the most part carried out within reasonable time limits (10 percent);
c) criminal proceedings falling under the substantive jurisdiction of the High Anticorruption Court concerning corruption or corruption-related criminal offenses are always or for the most part conducted within reasonable time limits (10 percent);
d) judicial practice in criminal proceedings involving corruption or corruption-related criminal offenses (except for proceedings falling under the substantive jurisdiction of the High Anticorruption Court) is always or for the most part established (10 percent);
e) judicial practice in criminal proceedings falling under the substantive jurisdiction of the High Anticorruption Court concerning corruption or corruption-related criminal offenses is always or for the most part established (10 percent).

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