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Sergey Golovaty (Photo: KSU)
The judge’s divergent opinion has been posted on the KSU website.
Golovatyi considers that the conclusion of the Constitutional Court of Ukraine on the unconstitutionality of criminal responsibility for inaccurate declaration is legally unfounded.
He recalled that article 366 of the Penal Code provides for criminal responsibility in the event that the subject of the statement provides deliberately false information in the statement or deliberately did not submit statement. According to the judge, the legal structure of the article clearly indicates that the subject of the declaration should be held liable only if at the time of filing the declaration he knew he was entering false information.
At the same time, the article establishes a limit for the initiation of criminal responsibility, if the false information in the statement differs from the real one by more than 250 living wages.
«That is, responsibility (criminal or administrative, – ed.) for the provision of deliberately false information by the subject of the statement, it differs according to the amount “, emphasized Golovaty.
The judge also criticized the limitation of powers of the National Agency for the Prevention of Corruption, noting that «the NAPC’s control functions and powers in relation to all entities subject to the law, including judges, “cannot be considered control over the judiciary, since NAPC does not interfere with the professional activities of judges – the administration of justice.
The Constitutional Court, in its decision of October 27, indicated that criminal responsibility for inaccurate declaration is “excessive sanction.”
Earlier, the NAPK said they found signs of declaring false information about Sergei Golovaty and another judge of the Constitutional Court, Irina Zavgorodnyaya.
On October 27, the Constitutional Court canceled art. 366-1 of the Criminal Code of Ukraine on criminal liability for entering inaccurate data in the statement, and also recognized the powers of the NACP to control and verify statements, 24-hour access to the record of statements and lifestyle monitoring unconstitutional.
In compliance with the decision of the Constitutional Court of Ukraine, NAPK at 19:00 on October 28 closed access to electronic statements.
NAPK believes that the judges made the decision in their own interest. According to the anti-corruption department, two members of the KSU entered inaccurate data in their statements and are now probably trying to evade their responsibility.
Journalists from the Scheme program reported that the head of the Constitutional Court, Alexander Tupitsky, has an undeclared plot in Crimea.
NABU called the KSU’s decision political and said they would be forced to close more than 100 cases.
