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The decision was made in a closed-door meeting on Tuesday (Photo: KSU)
Former people’s deputy and member of Ukrzaliznytsia’s supervisory council, Serhiy Leshchenko, said that the CCU voted to abolish the Penal Code article on illegal enrichment.
Likewise, the former popular deputy said that the Constitutional Court «stripped of the powers of the National Agency for the Prevention of Corruption ”.
«Behind closed doors on Tuesday, the Constitutional Court voted to repeal article 366-1 of the Penal Code. (inaccurate declaration), illegal enrichment, electronic declaration, the powers of the NAPK, “Leshchenko wrote.
According to him, only four judges objected.
Ukrinform, citing a source, reports that the Constitutional Court has declared article 366-1 unconstitutional. According to the source, the obligation to declare ownership was recognized as constitutional.
«In the closed part of the meeting, a decision was made, which enters into legal force. Certain provisions (anti-corruption legislation, – Ed.) are recognized as unconstitutional “, – said a source from Interfax-Ukraine at the KSU.
According to the source of the news agency, the constitutionality of a series of provisions will still be studied, because they were separated in a separate procedure.
Article 366-1 of the Penal Code establishes liability in the form of a fine or imprisonment for an official who provides false information in a statement.
On February 26, 2019, the Constitutional Court declared the prosecution of officials for illegal enrichment unconstitutional.
The judges argued their decision by the fact that the article of the Criminal Code of Ukraine violates the presumption of innocence: instead of the prosecution proving the illegality of the acquisition of assets, the citizen himself is forced to explain the legality of his income.
On October 31, the Verkhovna Rada adopted a presidential law on liability for illegal enrichment. On November 25, President Volodymyr Zelenskyy signed it.
According to the law, for the acquisition of unjustified property by an official, the value of which exceeds his income by more than 6.2 million hryvnias, a penalty is imposed in the form of imprisonment for a period of 5 to 10 years with deprivation of the right to hold certain positions or participate in certain activities for up to 3 years.
In August 2020, 47 popular deputies, mainly from the Opposition Platform – For Life, appealed to the CCU with a call to declare article 368-5 of the Criminal Code on illegal enrichment unconstitutional.