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The National Agency for the Prevention of Corruption stated that the Constitutional Court violated the Constitution of Ukraine at least twice, by interfering with the powers of the parliament and deciding on provisions of the legislation that were not appealed to the court.
A rapid restoration of the anti-corruption system in Ukraine is impossible as long as the decision of the Constitutional Court on anti-corruption legislation is not changed. This was stated by the National Agency for the Prevention of Corruption.
The NACC statement was a response to a joint letter from the heads of the Venice Commission and the Council of Europe’s Group of States Against Corruption, Gianni Buquicchio and Marin Mrchela, who asked the Verkhovna Rada not to adopt the project. of law of the Ukrainian president Volodymyr Zelensky on the dissolution of the CCU.
The NAPK noted that in the situation with the KSU, three factors need to be taken into account. First, the KSU violated the Constitution of Ukraine at least twice. The court interfered with the powers of parliament and noted that criminal liability for knowingly reporting false information, as well as deliberate failure to submit a statement, is excessive punishment. According to the Constitution of Ukraine, the determination of which act is a crime belongs exclusively to the powers of the legislative branch of the government.
Furthermore, according to the Constitution, the Constitutional Court can only make decisions on the provisions of the law that were appealed in the constitutional writing. However, the judges canceled the provisions of the Law of Ukraine “To prevent corruption”, which were not appealed in the constitutional presentation of 47 people’s deputies.
The second factor emphasized in the NAPC is that being a judge in one’s own case is prohibited by fundamental principles of law. In relation to three judges of the Constitutional Court – Vladimir Moisyk, Igor Slidenko and Irina Zavgorodnyaya – the proceedings for administrative and criminal liability were continued under the provisions of the anti-corruption legislation that the Constitutional Court canceled. The judges themselves knew this, but did not state the challenge.
In addition, on the day of the decision of the Constitutional Court, Judge Sergei Holovaty established the fact of non-declaration of 3.6 million UAH, who was aware of this fact at the time of his participation in the meeting.
The third factor – the KSU pointed out the inadmissibility of monitoring the presentation of declarations and conflicts of interest for all judges on equal terms with other public officials. This contradicts the previous conclusions of the Venice Commission on a similar issue, the NAPC noted.
The agency emphasized that the Venice Commission itself in the case on amendments to the Judicial Code in Armenia pointed out that the verification of statements by a body that does not belong to the judiciary is a better solution than the creation of a separate institution for judges.
On October 27, the Constitutional Court annulled some of the provisions of the anti-corruption laws and indicated that the establishment of criminal responsibility for declaring deliberately inaccurate data, as well as the deliberate omission to present statements is an excessive punishment for the commission of such crimes.
According to the head of the Constitutional Court of Ukraine Oleksandr Tupitsky, after that he met with the ambassadors of the G7 countries. The ambassadors did not say they did not respect the CCU’s decision, he says.
National Agency for the Prevention of Corruption in relation to the decision of the Constitutional Court closed access to the registry of electronic returns and he stopped its verification, storage and publication. The agency director called the KSU’s decision “a crushing defeat for anti-corruption reform.”
In addition, as a result of the blocking of NAPK’s access to state records, the National Agency cannot carry out a special verification of the statements of candidates for leadership positions in state bodies, therefore, winners of local elections cannot be namedsaid the NAPK.
After the meeting of the NSDC, in compliance with the order of the Cabinet of Ministers, NAPK opened access to the register of electronic returns.
On October 29, Zelensky registered a bill in parliament, which proposes to recognize the Constitutional Court’s decision as illegal, deprive the entire composition of the court and appoint a new one, as well as guarantee the continuity of anti-corruption legislation.
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