Direction 3.3.
Criminal liability
23.1%
6 /
26
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
23.1%
6 /
26
0.0%
1.1
ОСР
3.3.2.1.
The expediency of simplifying the procedures of specific other investigative (detective) activities or other procedural activities, taking into account the standards of respect for human rights and the practice of the European Court of Human Rights has been examined
3.3.2.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) provides for the possibility of involvement of field units in the implementation of interim measures in a criminal proceeding;
2) stipulates that monitoring of bank accounts belongs to overt investigative (detective) activities with the preservation of the basic principles according to which they are conducted (in respect of serious crimes or felonies in criminal proceedings falling under the jurisdiction of the National Anticorruption Bureau, the Bureau of Economic Security, by a decision of the investigating judge, while observing the requirements pertaining to the protection of privileged banking information);
3) provides for the possibility of temporary access to documents and items that do not contain privileged information protected under law, without court oversight;
4) stipulates that a person shall be deemed to be on the international wanted list from the time of the relevant decision of the investigator or prosecutor to put the person on the international wanted list;
5) abolishes the requirement that two eyewitnesses be recruited while conducting a search or inspection of the housing or other property of a person as long as uninterrupted video and audio recording it being performed;
6) improves the procedure for serving the indictment, the motion to apply coercive measures of medical or educational nature, by analogy with the procedure for serving a notice of suspicion.
National Agency on Corruption Prevention
There is progress in the implementation of the measure
In progress
0%
0 /
3
0.0%
1.2
3.3.2.1.2 Preparing an analytical report on the expediency of simplifying the procedures of specific other investigative (detective) activities or other procedural activities, taking into account the standards of respect for human rights and the practice of the European Court of Human Rights
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
1.3
3.3.2.1.3 Discussing the conclusions and recommendations outlined in the analytical report with the participation of representatives of government agencies, NGOs, international organizations, participants of international technical assistance projects, and the academic community
Ministry of Justice of Ukraine
Implementation of the measure has not started
Not started
2.1
ОСР
3.3.2.2.
The system of electronic criminal proceedings has been introduced
3.3.2.2.1 Integrating the iCase system used by the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office with the Unified Register of Pretrial Investigations
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
20%
3 /
15
0.0%
2.2
3.3.2.2.2 Integrating the iCase system used by the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office with the Unified Judicial Information and Telecommunication System or a different system used pursuant to Article 35 of the Criminal Procedure Code of Ukraine at the High Anticorruption Court
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
2.3
3.3.2.2.3 Commencing the use of the iCase system at the High Anticorruption Court
National Anti-Corruption Bureau of Ukraine
The measure was not implemented on time and in full
Implemented
2.4
3.3.2.2.4 The iCase system is used to access the materials of criminal proceedings pursuant to Articles 221 and 290 of the Criminal Procedure Code of Ukraine.
National Anti-Corruption Bureau of Ukraine
The measure has not been implemented
Not implemented
2.5
3.3.2.2.5 Improving the iCase system taking into account the experience of its usage in the activities of the National Anticorruption Bureau, the Specialized Anticorruption Prosecutor’s Office, and the High Anticorruption Court, and the need to ensure that it is used by all prosecutorial authorities and pretrial investigation authorities in each criminal proceeding
Prosecutor General’s Office of Ukraine
The measure has not been implemented
Not implemented
2.6
3.3.2.2.6 Developing and approving the Operating Procedure of the Pretrial Investigation Information and Telecommunication System, which is used by all prosecutorial authorities and pretrial investigation authorities in each criminal proceeding
Prosecutor General’s Office of Ukraine
The measure has not been implemented
Not implemented
2.7 (2)
3.3.2.2.7 (2) Preparing informational and explanatory materials on the use of the Pretrial Investigation Information and Telecommunication System in criminal proceedings
Prosecutor`s Training Center of Ukraine
Not started
2.7 (1)
3.3.2.2.7 (1) Preparing informational and explanatory materials on the use of the Pretrial Investigation Information and Telecommunication System in criminal proceedings
National School of Judges of Ukraine
Not started
2.8 (7)
3.3.2.2.8 (7) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
National Police of Ukraine
Not started
2.8 (6)
3.3.2.2.8 (6) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
Security Service of Ukraine
Not started
2.8 (5)
3.3.2.2.8 (5) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
Economic Security Bureau of Ukraine
Not started
2.8 (4)
3.3.2.2.8 (4) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
State Bureau of Investigation
Implementation of the measure has not started
Not started
2.8 (3)
3.3.2.2.8 (3) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
National Anti-Corruption Bureau of Ukraine
Not started
2.8 (2)
3.3.2.2.8 (2) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
Prosecutor`s Training Center of Ukraine
Not started
2.8 (1)
3.3.2.2.8 (1) Holding training activities (trainings or remote courses) for judges, prosecutors, and investigators on using the Pretrial Investigation Information and Telecommunication System
National School of Judges of Ukraine
Not started
3.1
ОСР
3.3.2.3.
The guarantees of institutional and operational independence of the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office are properly defined and implemented in practice, particularly by:
clarifying the legislative provisions on the status of the National Anticorruption Bureau of Ukraine within the system of executive authorities (while maintaining the existing guarantees of independence), as well as the entity appointing and dismissing the Director of the National Anticorruption Bureau of Ukraine in accordance with the Ruling of the Constitutional Court of Ukraine No. 9-r/2020;
conducting an independent evaluation (audit) of the performance of the National Anticorruption Bureau and the Specialized Anticorruption Prosecutor’s Office with the involvement of independent experts
3.3.2.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine draft laws proposing amendments to laws of Ukraine, in particular the Law of Ukraine On the Prosecutor’s Office, which:
1) improve the procedure for competitive selection of the head of the Specialized Anticorruption Prosecutor’s Office and stipulate that it shall be conducted with the decisive involvement of independent experts appointed by international and foreign organizations that have provided international technical assistance to Ukraine in matters of preventing and combating corruption;
2) stipulate that all powers of the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office shall be exercised by the first deputy or deputy in the event of the latter’s absence; the first deputy and deputy head of the Specialized Anticorruption Prosecutor’s Office are categorized as senior officials of the prosecutorial authorities;
3) clearly establish at the legislative level the amount of salaries of prosecutors at the Specialized Anticorruption Prosecutor’s Office, especially those occupying administrative positions with the Specialized Anticorruption Prosecutor’s Office;
4) provide for the possibility of entering information about an alleged offense committed by a Parliament member of Ukraine by the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office (acting head) and the head of the Central Detective Office of the National Anticorruption Bureau, as well as the possibility of approval by the Deputy Prosecutor General – Head of the Specialized Anticorruption Prosecutor’s Office (acting head) of motions to be examined by the investigating judge;
5) increase by 300 persons the maximum staff size of the National Anticorruption Bureau (with the enactment of these provisions taking into account the situation that has formed under the legal regime of martial law);
6) create an expert institution for conducting expert examinations in criminal proceedings involving criminal offenses that fall under the jurisdiction of detectives of the National Anticorruption Bureau.
National Agency on Corruption Prevention
The measure was implemented on time, but partially
Partially implemented
25%
1 /
4
0.0%
3.2
3.3.2.3.2 Developing and coordinating the technical requirements for the system of autonomous collection of information from electronic communication networks of providers of electronic communication services
Security Service of Ukraine
The measure has not been implemented
Not implemented
3.3
3.3.2.3.3 Developing and coordinating the engineering solution for building the system of autonomous collection of information from electronic communication networks of providers of electronic communication services
Security Service of Ukraine
The measure has not been implemented
Not implemented
3.4
3.3.2.3.4 Implementing the engineering solution and deploying the system of autonomous collection of information from electronic communication networks of providers of electronic communication services
Security Service of Ukraine
Implementation of the measure has not started
Not started
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
5.1
ОСР
3.3.2.5.
Effective cooperation has been established among the National Anticorruption Bureau of Ukraine, the Specialized Anticorruption Prosecutor’s Office, and other government agencies (primarily pretrial investigation authorities, prosecutorial agencies, the National Agency, ARMA, and the State Financial Monitoring Service)
3.3.2.5.1 Introducing the capability to exchange data (particularly classified information) between the National Anticorruption Bureau and the State Financial Monitoring Service in electronic form
National Anti-Corruption Bureau of Ukraine
There is no progress in the implementation of the measure
In progress
0%
0 /
2
0.0%
5.2
3.3.2.5.2 Analyzing the effectiveness of the review by the National Anticorruption Bureau of the consolidated materials of the State Financial Monitoring Service, in order to identify the causes that can potentially reduce such effectiveness and issue recommendations on ways to improve cooperation between the National Anticorruption Bureau and the SFMS
National Anti-Corruption Bureau of Ukraine
Implementation of the measure has not started
Not started