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

Problem: 3.3.1. Certain provisions of criminal law relating to criminal liability for corruption-related criminal offenses contradict international standards in this field, are not coordinated with each other and with the provisions of the criminal procedure legislation and the Law of Ukraine On Prevention of Corruption. As a result, in a significant number of cases, perpetrators of corruption-related criminal offenses are relieved of criminal liability and/or punishment

Progress in the implementation of measures as of 03.07.2024
measures, the implementation of which as of 31.03.2024
6 2 2
10
In progress Not implemented Not started
Measures implemented (fully and partially) - 0 ( 0%)
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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
0% 0 / 10
0.0%
Problem 3.3.1. Certain provisions of criminal law relating to criminal liability for corruption-related criminal offenses contradict international standards in this field, are not coordinated with each other and with the provisions of the criminal procedure legislation and the Law of Ukraine On Prevention of Corruption. As a result, in a significant number of cases, perpetrators of corruption-related criminal offenses are relieved of criminal liability and/or punishment
0% 0 / 10
0.0%
1.1 ОСР 3.3.1.1. Discrepancies between the provisions of the Criminal Code of Ukraine and the Law of Ukraine On Prevention of Corruption regarding the definition of crimes of corruption have been eliminated 3.3.1.1.1 Arranging an analytical study whose scope includes, in particular: identification of terminological discrepancies, conflicts, and manifestations of unjustified competition arising among the Criminal Code of Ukraine, the Law of Ukraine On Prevention of Corruption, and the Criminal Procedure Code of Ukraine when it comes to defining crimes of corruption and corruption-related offenses; alignment of legislative provisions governing relief of criminal liability for corruption and corruption-related criminal offenses, measures taken with respect to legal entities under criminal law, as well as identifying the subjects of crimes of corruption and corruption-related criminal offenses, with international anticorruption standards National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0 / 3
0.0%
1.2 3.3.1.1.2 Holding a presentation of the report on the findings of the analytical study indicated in subclause 3.3.1.1.1, followed by its expert discussion National Agency on Corruption Prevention Implementation of the measure has not started Not started
1.3 3.3.1.1.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to eliminate the existing terminological discrepancies, conflicts, and manifestations of unjustified competition arising among the Criminal Code of Ukraine, the Law, and the Criminal Procedure Code of Ukraine when it comes to defining crimes of corruption and corruption-related offenses, taking into account the findings of the analytical study indicated in subclause 3.3.1.1.1 National Agency on Corruption Prevention Not started
2.1 ОСР 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 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. National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0 / 1
0.0%
3.1 ОСР 3.3.1.3. The investigative and judicial practice of criminal prosecution of individuals guilty of corruption and corruption-related criminal offenses is stable and predictable, in particular owing to summarized practices of application of laws 3.3.1.3.1 Annually preparing summaries of judicial practice of the Supreme Court in criminal proceedings involving corruption and corruption-related offenses for the previous calendar year Supreme Court There is progress in the implementation of the measure In progress
0% 0 / 6
0.0%
3.2 3.3.1.3.2 Annually discussing the summaries of judicial practice of the Supreme Court with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community Supreme Court There is progress in the implementation of the measure In progress
3.3 3.3.1.3.3 Annually preparing summaries of judicial practice of the High Anticorruption Court in criminal proceedings involving corruption and corruption-related offenses for the previous calendar year High Anti-Corruption Court of Ukraine There is progress in the implementation of the measure In progress
3.4 3.3.1.3.4 Annually discussing the summaries of judicial practice of the High Anticorruption Court with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community High Anti-Corruption Court of Ukraine There is progress in the implementation of the measure In progress
3.5 3.3.1.3.5 Annually analyzing the judicial practice of criminal prosecution of individuals guilty of corruption or corruption-related offenses, and publishing the findings of this analysis National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
3.6 3.3.1.3.6 Annually discussing the reports prepared as part of the activity indicated in subclause 3.3.1.3.5 with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community National Agency on Corruption Prevention There is progress in the implementation of the measure In progress