LAW ON UNUSECABLE ENRICHMENT RETURNED TO RADA
Abstract
On February 26, 2019, the Constitutional Court of Ukraine adopted a decision at a closed meeting to repeal the article of the Criminal Code of Ukraine on illegal enrichment. After the publication of the decision of the KSU on the non-constitutionality of Article 3682 of the Criminal Code on illegal enrichment, many problems arose. The National Agency for the Prevention of Illicit Enrichment, totaling more than half a billion hryvnia of corruption, is “stuck” by 500 declarations, checks of which were introduced this year. NABU detectives and SAP prosecutors were forced to close criminal proceedings with facts within 65 criminal proceedings. The decision of the Constitutional Court means that all criminal proceedings relating to the unlawful enrichment of these persons will be closed. Just like the cases that are already being heard in court.
President of Ukraine Vladimir Zelensky July 17, 2019 submitted to the Verkhovna Rada an urgent bill number 10461 on the restoration of responsibility for illegal enrichment. Adoption of the draft law will allow introducing legal grounds for bringing to criminal responsibility of those guilty of illegal enrichment, as well as for collecting into the state income unjustified assets of persons authorized to perform the functions of the state or local self-government. It was noted that in order to overcome corruption and create an effective national justice system, Ukraine has ratified a number of international treaties, in particular the UN Convention against Corruption of October 31, 2003, the Criminal Law Convention of the Council of Europe on Combating Corruption of January 27, 1999, the Civil Convention of the Council of Europe the fight against corruption of November 4, 1999. By ratifying these acts, Ukraine has undertaken to implement their recommendations to national legislation by updating the anti-corruption law. It took a long time for our state to fulfill this promise, and this difficult process, given the intensification of the reform of the judiciary and law-enforcement structures, and the change in the procedural law, have not yet been completed.
