Ukraine's Constitutional Court recognizes article on illicit enrichment unconstitutional one

Source : 112 Ukraine

Earlier, Poroshenko stated he would suggest a new bill on illegal enrichment to the Verkhovna Rada, as soon as the court would make a decision
22:02, 27 February 2019

Open source

February 27, The Constitutional Court of Ukraine decided to recognize illicit enrichment of officials as an unconstitutional article of the Criminal Code of Ukraine. This decision is posted on the website.

According to the decision, the court recognized article 368-2 of the Criminal Code of Ukraine (illicit enrichment) as the article which does not comply with the Constitution of Ukraine.

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"The Constitutional Court of Ukraine came to the conclusion that article 368-2 of the Criminal Code does not meet the requirements of clarity, accuracy, and unambiguousness, and therefore contradicts legal certainty as an integral part of the rule of law principle, stated in article 8 of the Constitution of Ukraine," the report said.

It is noted that the abovementioned article is not in line with the constitutional principle of presumption of innocence and with the constitutional precept on the inadmissibility of bringing a person to responsibility for refusal to testify against themselves, their family or close relatives.

The Constitutional Court considers that article 368-2 is formulated in such a way that all the doubts concerning the legality of the assets acquiring by a person can be interpreted not in their favor, but can be regarded as the confirmation of their illicit enrichment, although according to part 3 of article 62 of the Constitution of Ukraine, "all the doubts concerning proving a person’s guilt should be interpreted in her favor.”

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Thus, by the decision of the Constitutional Court of Ukraine, article 368-2 of the Criminal Code of Ukraine has been declared unconstitutional one and it loses its validity from February 26, 2019.

"The decision of the Constitutional Court is obligatory one, it is also the final decision, which cannot be appealed," the report said.

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