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The National Agency for the Prevention of Corruption (NAPC) reacted to the letter from the presidents of GRECO and the Venice Commission on the decision of the Constitutional Court of Ukraine. The NAPC noted that the restoration of the anti-corruption system is impossible as long as the decision of the Constitutional Court of Ukraine is not changed.
This was reported by the NAPK press service.
Faced with this situation, the agency believes that it is necessary to take into account three circumstances:
1. In its decision, the CCU violated the Constitution of Ukraine at least twice:
The court interfered with the powers of parliament, pointing out that the establishment of criminal responsibility for the declaration of deliberately false information, as well as the willful failure to present a declaration, is an excessive punishment for committing these crimes. 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.
This means that it is impossible to return criminal responsibility for declaring false information, as well as to restore the equality of all the powers of the State through the adoption of a new law. Any law that returns criminal responsibility will be considered almost automatically unconstitutional, in this regard, the decision of the Constitutional Court. “, – believes the National Agency.
The NAPK added that at the same time, by its decision, the KSU stopped its work, canceled the agency’s powers and allowed hundreds of officials to evade responsibility.
The Constitution establishes a rule common to all branches of government: to act exclusively within the limits of authority, in the manner and on the grounds provided by it and the laws of Ukraine.
“According to the Constitution and laws of Ukraine, the CCU could only make decisions on the provisions of the legislation on prevention of corruption, which were appealed in the constitutional presentation,” the statement said.
“However, the judges violated the requirements of the Constitution and canceled the provisions of the Law of Ukraine” On the Prevention of Corruption “, which were not appealed in the constitutional presentation of 47 people’s deputies,” the press center noted. of the NAPK.
2. Being a judge in your own case is prohibited by fundamental principles of law.
“In making the decision, the judges acted in their own interests. In accordance with the canceled provisions of the anti-corruption legislation, the lengthy procedure to bring three judges of the Constitutional Court to administrative and criminal responsibility – Moysyk, Slidenko and Zavgorodnyaya.” standards “, – wrote in the press center.
The NAPC noted that on the day of the decision, Judge Holovaty established the fact of the non-declaration of 3.6 million UAH, who was familiar with this fact at the time of his participation in the meeting.
“Having made this decision, the KSU stopped the work of the NAPK, canceled its powers and allowed thousands of other public servants to avoid their responsibility,” the NAPK noted.
3. KSU pointed out the inadmissibility of monitoring the presentation of declarations and conflicts of interest in 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 that the Venice Commission in the case on amendments to the Judicial Code in Armenia indicates 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.
“In this case, two decisions are possible: create a special body within the judiciary, which will be responsible for verifying the financial statements of judges, or entrust this function to an external body that verifies the statements of all public officials” the decision of the Venice Commission was cited at the NACC.
VK noted that the first decision is better than the independence of the judges, but it lacks transparency, which can lead to corporatist behavior.
“So, the developers of the package preferred the second model: it is the CPC (Commission for the Prevention of Corruption of Armenia, – ed.) Which verifies the financial statements of the judges on equal terms with other public officials, and that it now has the authority to initiate disciplinary proceedings against judges, “the commission added.
The NAPK added that in its reports GRECO values positively the declaration system created in Ukraine.
As a reminder, on October 27, the Constitutional Court admitted that Article 366-1 of the Criminal Code does not comply with the Constitution of Ukraine, which establishes responsibility for lies in the statement.
Ukraine’s President Volodymyr Zelenskyy submitted to the Verkhovna Rada a bill on restoring public confidence in constitutional procedures. It proposes declaring the decisions of the Constitutional Court on articles related to anti-corruption activities unfair (worthless), and dismissing the entire composition of the court.
The Venice Commission and the Group of States against Corruption have spoken out against the removal of judges from the Constitutional Court, because this would be a violation of the Constitution of Ukraine.
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