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The law, which was signed by Ukraine’s President Volodymyr Zelenskyy, will preserve the effectiveness and proportionality of the institutional mechanism to prevent corruption, the President’s Office said.
Ukraine’s President Volodymyr Zelenskyy signed a law “on amendments to Ukraine’s law” on the prevention of corruption “to restore the institutional mechanism for preventing corruption,” the press service of the head of state said on 25 December.
The corresponding bill №4470 was adopted by the Verkhovna Rada as a whole on December 15. The document card does not yet indicate that the law with the signature of the head of state has been returned to the parliament (today is a day off in Ukraine). It will enter into force as of its publication.
As indicated in the CGC statement, the law eliminates legislative gaps arising in connection with the decision of the Constitutional Court of Ukraine on October 27, 2020. Then, the CCU 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.
“The law establishes additional characteristics of the exercise of the powers of the NACC in relation to judges, judges of the Constitutional Court, in order to ensure compliance with the guarantees of independence of these people. Such an approach will take into account the decision of the Constitutional Court of October 27 and, at the same time, will preserve the effectiveness and proportionality of the institutional mechanism for the prevention of corruption. ” – reported in the Office of the President.
Furthermore, the statement says that the law establishes the details of conducting full checks on statements and monitoring of lifestyle in relation to judges, judges of the Constitutional Court of Ukraine; provided legal regulation on liability for corruption and crimes related to corruption.
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 disclosure. Agency chief Alexander Novikov called the KSU’s decision “a crushing defeat for anti-corruption reform.”
President of CCU 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, following a meeting of the NSDC, in compliance with the order of the Cabinet of Ministers, NAPK opened access to the registry of electronic returns.
On October 29, Zelensky registered in the Verkhovna Rada bill No. 4288, which proposes to recognize the decision of the Constitutional Court as illegal, deprive the entire composition of the court and appoint a new one, as well as guarantee the continuity of the legislation anti-corruption. Tupitsky said that this draft law has signs of a constitutional coup and is contrary to the Constitution.
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 9, Zelenskiy urged the Rada not to consider his bill until the decision of the Venice Commission.
On December 15, Verkhovna Rada adopted a law restoring the powers of the NAPK. As stated by the head of the parliament’s anti-corruption commission, the popular deputy of the “Servant of the people” Anastasia Radina, document in line with the recently released the conclusion of the Venice Commission… Reestablishes those powers of the NAPC, regarding which the CCU did not give a legal position regarding their unconstitutionality. In addition, the Rada adopted another law that establishes characteristics of the development of a protocol on administrative offenses against judges.
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