Measure
3.2.1.1.1.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law on amendments to the Code of Ukraine on Administrative Offences, which:
1) establishes administrative liability for non-compliance with the requirements of Article 36 of the Law regarding the transfer of enterprises and corporate rights to third parties, for violation of prohibitions or restrictions established in the Article 26 of the Law imposed on persons who have ceased to carry out functions of the state or local self-government, as well as for failure to take measures to resolve a real or potential conflict of interest;
2) excludes Articles 172-9-1 and 172-9-2 of the Code of Ukraine on Administrative Offences as the ones that describe torts that are not corruption-related administrative offences
Measure status:
The measure is aimed at achieving ESR:
3.2.1.1. Administrative liability has been introduced for violation of restrictions imposed after a person is dismissed from a position that involved performing the functions of state or local self-government, violation of requirements pertaining to the prevention of conflicts of interest due to ownership of enterprises or corporate rights, failure to take measures towards resolution of conflicts of interest
Problem solving:
3.2.1. Some of the rules, prohibitions, and restrictions established by anticorruption legislation are not backed up by legal liability measures. Articles 1724—1729, 21215, 21221 of the Code of Ukraine on Administrative Offenses contain a number of shortcomings that significantly impair their injunctive and preventive potential as well as the effectiveness of the National Agency, the National Police, prosecutorial authorities and courts.
Deadlines:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft law has been submitted to the Parliament of Ukraine.
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 1194 On Amendments to the State Anti-Corruption Programme for 2023-2025 dated 18 October 2024, the content of the measure was amended.
Implementing status
Progress/Result of implementation:
Національне агентство розробило відповідний законопроект та 22.03.2024 провело його громадське обговорення.
Наразі Національне агентство здійснює доопрацювання з урахуванням результатів громадського обговорення законопроекту.