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

Source : 112 Ukraine

Earlier Constitutional Court of Ukraine ruled unconstitutional an article of a Criminal Code on the illicit enrichment of public officials
18:39, 20 March 2019

Open source

The National Anti-Corruption Bureau and the Specialized Anti-Corruption Prosecutor’s Office should close all criminal proceedings on the illicit enrichment up to March 27 and the list of all people, involved in them will published on the next day as 112 Ukraine reported citing SAPO Head Nazar Kholodnytsky.

“I put NABU and SAPO in control up to March 27. I will not conceal anything. On March 28, I will publish the list with all people against whom the criminal proceedings were investigated. All proceedings should be closed by then,” Kholodnytsky said.

Related: Anti-Corruption Bureau closes case of illicit enrichment of Odesa Mayor

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.

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

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.

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.

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