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The law, which was signed by President Volodymyr Zelenskyy, partially returns responsibility for an inaccurate statement, which was canceled by the decision of the Constitutional Court of Ukraine.
The President of Ukraine, Volodymyr Zelenskyy, signed Law No. 1074-IX on Liability for Inaccurate Electronic Returns. This was announced on December 23 by his press service.
“The law restores responsibility for declaring inaccurate information and for the omission of the subject to declare the declaration, which was canceled by decision of the Constitutional Court of Ukraine. Corresponding changes are being made to the Criminal Code, the Code of Criminal Procedure and the Corruption Prevention Law, “says the message.
On October 27, 2020, the Constitutional Court of Ukraine canceled 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 failure to present statements, is an excessive punishment for committing such crimes.
Following the decision of the Constitutional Court of Ukraine, a constitutional crisis began. The National Agency for the Prevention of Corruption, in connection with the decision of the Constitutional Court of Ukraine on October 28, closed access to the register of electronic statements and stopped their verification, storage and publication. The head of the agency, Alexander Novikov, called the KSU decision “a crushing defeat for anti-corruption reform.”
KSU chief Alexander Tupitskiy said that the NAPK especially “dispersed the situation.” KSU judge Igor Slidenko said the court’s decision did not foresee the need to close the registry.
On October 29, after the meeting of the Security and National Defense Council, in compliance with the order of the Cabinet of Ministers, the NAPC opened access to the registry of electronic declarations.
On October 29, Zelensky registered in the bill Verkhovna Rada No. 4288, which aims to recognize the decision of the Constitutional Court as illegal, deprive the entire composition of the court and appoint a new one, and ensure the continuity of anti-corruption legislation . Tupitsky said that this draft law has signs of a constitutional coup and is contrary to the Constitution. I’m glad I haven’t considered it yet.
Representatives of the Council of Europe criticized Zelensky’s bill on October 31. In response, the NAPC declared that the Constitutional Court violated the Constitution of Ukraine at least twice.
On December 4, the Verkhovna Rada passed another bill No. 4460-d, which provides penalties for false information in electronic returns. Document introduce punishments in the form of fines and restrictions on freedom, but it does not provide for the prison sentence as before. Novikov said that this bill “does not correspond to the request of the Ukrainian society.” On December 7, the document was handed over to Zelensky for signature.
The representative of the President of Ukraine in the Constitutional Court, Fyodor Venislavsky, said that this law is a temporary compromise option.
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