Measure

2.4.4.1.1. Arranging an analytical study to determine the feasibility of amendments to the Criminal Code and the Criminal Procedure Code of Ukraine and other laws to integrate the recommendations of the OECD:
1) expanding the grounds for imposition of criminal penalties on legal entities to include crimes of corruption committed not only by an authorized representative for and on behalf of the legal entity, but also by the ultimate beneficial owner (controller), a lower-level employee of the legal entity, and third parties;
2) providing for such a kind of a remedy under criminal law as restricting a legal entity from engaging a certain kind of activity (including by revoking a previously issued permit and/or license);
3) providing for such a kind of a remedy under criminal law as imposing a compliance obligation on a legal entity, and compiling the list of such obligations;
4) allowing the court to exempt a legal entity from penalties under criminal law or mitigate the penalty imposed on the legal entity if the court has found that the compliance rules, mechanisms of internal control, and anticorruption program in place at the legal entity are effective, or that sufficient efforts were made to prevent the commission of the crime of corruption;
5) granting the court powers to impose specific obligations on a legal entity, so that when such obligations are performed the legal entity will not be criminally prosecuted;
6) providing for the possibility of legal entities entering into an agreement on deferral of judicial prosecution;
7) setting forth the requirements for the agreement on deferral of judicial prosecution.