It’s getting difficult to hide corrupt practice
The matter of amendments
The Draft Law “On Amendments to Certain Legislative Acts of Ukraine on Improving the Mechanism for the Prevention of Corruption” was submitted to the Verkhovna Rada of Ukraine.
On 21/06/2018, Draft Law No. 8517 was submitted to the Verkhovna Rada of Ukraine.
Currently, the Draft Law is being finalized by the Committee.
Whom it will affect
Law enforcement agencies, courts, economy of Ukraine
It is proposed in the Draft Law to improve provisions of the first paragraph of Article 3682 of the Criminal Code of Ukraine “Illicit Enrichment”, in part defining the content of objective element of an offense, being a prerequisite for proper qualification of an offense and a guarantee of bringing an offender to criminal liability.
The Draft Law is aimed at improving provisions of Article 3682 of the Criminal Code of Ukraine in order to bring them into compliance with requirements of the Constitution of Ukraine, the United Nations Convention against Corruption.
It is proposed to more correctly define this type of criminal offense in legal terms. Thus, the term “illicit enrichment” has been replaced by the term “intentional acts aimed at unjust enrichment”. Its normative definition has been provided. Thus, unjust enrichment means inconsistency of person’s material prosperity level with information about income specified by a reporting subject in a return.
It is proposed to construe intentional acts aimed at unjust enrichment as acquisition by a person, who is authorized to perform functions of a state or local self-government body, of assets on a considerable scale, groundless receipt of which has been proved in accordance with the procedure established by law, and groundless transfer of acquired assets to those close to him/her.
How to prepare / mechanism of the amendments introduction
It is enshrined in provisions of the Law, according to the latest version of Article 3682 of the Criminal Code of Ukraine, that a suspected person must prove lawful nature of grounds for acquiring property rights as a condition for his/her exemption from criminal liability.
In general, this Draft Law:
– enshrines constitutional guarantees established in Article 62 of the Constitution of Ukraine;
– leaves the punishment for committing such an offense and its classification as a grave offense unchanged;
– clarifies the normative definition of illicit enrichment and brings it into compliance with the Constitution of Ukraine, defines a group of persons connected with a person authorized to perform functions of a state or local self-government body, persons whose groundless acquisition of the property constitutes an objective element of such a criminal offense.
Introduction of the proposed amendments to Article 3682 of the Criminal Code of Ukraine requires creation of a mechanism for identifying the grounds for unjust enrichment of a reporting subject and those close to him/her, making a corresponding decision by the National Agency for Prevention of Corruption as a central executive body with a special status that ensures the formation and implementation of state anti-corruption policy.
Decision made by the National Agency to establish the presence of elements of illicit enrichment by persons close to reporting subjects referred to in clause 1 of part one of this Law as a transfer by them of such assets is the only source of circumstances, which may evidence the commission of a relevant criminal offense by a reporting subject.
Adoption of the Draft Law will facilitate bringing the provisions of Article 3682 of the Criminal Code of Ukraine into compliance with provisions of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, improves the mechanism for prosecuting for illicit enrichment.