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Vladimir Zelensky (Photo: Office of the President of Ukraine via Facebook)
«Today, the Constitutional Court adopted a decision that is directly related to the creation of a system of maximum transparency of public administration and local self-government in the country. The full text of the Constitutional Court decision has not yet been made public, but society has already heard many speculative political statements that significantly distort the position of the state and the president, ”the OP’s press service said.
The president’s office emphasized that the electronic filing system «to this day, it has worked effectively, finally showing the Ukrainian people what politicians really have and making it possible to bring violators of anti-corruption laws to justice. ” The press service assured that nothing can stop the movement of Ukraine «to maximum transparency and integrity in politics ”.
«Despite opposition, the relevant instruments of Ukrainian law will be retained or, in extreme cases, restored. We do not allow any diversion in anti-corruption work, not even hypothetically, ”said the OP.
On Bankova, they added that they await the publication of the full text of the decision of the Constitutional Court of Ukraine, and recalled that it is as final as Ukraine’s European integration aspirations:
«The President will definitely use his right to legislative initiative to restore the permanent and more effective operation of the electronic filing system and the inevitability of liability for the intentional violation of these rules. Ukrainian officials and MPs will continue to declare their property and income, and anti-corruption agencies will have the necessary powers to control them and bring offenders to justice, ”the press service promised.
On October 27, various media outlets reported that the Constitutional Court recognized as unconstitutional certain provisions of the anti-corruption legislation, in particular Article 366-1. According to ZN.ua, KSU canceled only criminal liability for inaccurate declaration – The administrative and disciplinary one remains in force.
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 passed a presidential bill on liability for illegal enrichment. On November 25, President Volodymyr Zelenskyy signed it.
According to the law, for the acquisition by an official of unjustified assets, the value of which exceeds his income by more than 6.2 million UAH, a penalty in the form of imprisonment for a period of 5 to 10 years with deprivation is provided 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.
