Venice Commission recommends Ukraine's Constitutional Court to restore responsibility for doubtful declaring

Source : 112 Ukraine

The urgent statement, commenting on the mechanisms of combating corruption in this country appeared on December 9
12:00, 10 December 2020

Venice Commission

The Venice Commission has published the joint urgent conclusion on the legal situation in terms of mechanisms of combating corruption in Ukraine. The respective document was passed after the decision of Constitutional Court of Ukraine, which canceled criminal responsibility for doubtful declaring.

Press office of the Venice Commission reported that, quoting the conclusion of the authority. In it, the Commission admits that the decision of the Ukrainian court "has no clear argumentation and solid basis in the international law". The document says that the Venice Commission marks that the fight against corruption is an important element of the state governed by the supremacy law, but it also respects the Constitution and constitutional judiciary.

"They go hand in hand. Parliament and the Executive must “take into account the arguments used
by the Constitutional Court” and “fill legislative/regulatory gaps identified by the Constitutional
Court […] within a reasonable time", reads the document. 

Related: Constitutional Court's decision threatens Ukraine’s visa-free travel with EU, - MFA

The Commission also marked that the Constitutional Court deserves institutional respect, but it still has to respect its own procedures and is supposed to make decisions that meet its own judicial practice.

The EU authority claims that criminal punishment for doubtful declaring is still well-reasoned and proportional.

The Commission offers the Ukrainian Parliament to revise the decision of the Constitutional Court on the Article 366-1 of the Criminal Code, which was recognized null and void; and to restore criminal responsibility for doubtful declaring. 

Constitutional Court cancelled the responsibility of government officials for non-declaring their incomes on October 27. It also restricted the authorities of National Agency for Prevention of Corruption. Then, President Zelensky turned to the Venice Commission, asking it to assess this situation.

Related: Constitutional crisis: How does the government plan to solve it?

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