EU offers expert assistance to Ukraine for development of illicit enrichment legislation

EU Ambassador to Ukraine Hugues Mingarelli made such statement
14:39, 26 March 2019

Open source

The European Union has offered the expert assistance to the Committee of the Verkhovna Rada of Ukraine in issues of the provision of the law enforcement activity for the preparation of the draft laws on the illicit enrichment, as Interfax-Ukraine reported citing EU Ambassador to Ukraine Hugues Mingarelli.

“We have proposed our experts to the Committee of the Verkhovna Rada to prepare the proper draft law and find the solution,” he said.

The Ambassador also expressed the hope that the cooperation with the EU in the macro-financial aid will not suffer.

Related: All proceedings on illicit enrichment to be closed up to March 27, - Kholodnytsky

Constitutional Court of Ukraine ruled unconstitutional an article of a Criminal Code on the illicit enrichment of public officials upon the pretext that the provisions of the article violate the presumption of innocence. 

The Constitutional Court said that the legislative structure of Article 368-2 of the Criminal Code of Ukraine "permits accusations based on assumptions." In addition, it includes the provisions regulating the process of evidence, although this is related to the criminal procedure law.

In addition, the Constitutional Court said that the legislative definition of "illegal enrichment" as a crime makes it possible to shift this responsibility from the prosecution to the defense.

Related: It is a serious setback in fight against corruption, - G7, World Bank on repeal of illicit enrichment article

Later President of Ukraine Petro Poroshenko signed the new draft law on the article on the illicit enrichment and later it was registered in the Verkhovna Rada of Ukraine.

Besides, Nazar Kholodnytsky, the Specialized Anti-Corruption Prosecutor’s Office said that all criminal proceeding should be closed by the detectives or prosecutors due to the decision of the court to cancel the article on the illicit enrichment and those with the served charges can be closed only by the prosecutors. The prosecutor is obliged to refuse from the supporting of the public prosecution during the next session on the proceedings.


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