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Some 30 MPs could become subjects in cases on illicit enrichment, - SAP Head

It will be impossible to restore these investigations due to the decision of the Constitutional Court to repeal the article on illicit enrichment
11:04, 1 March 2019

Nazar Kholodnytsky, SAPO head
General Prosecutor's Office

About 30 MPs could have become involvants in the investigations of illicit enrichment, but it is impossible now as the Constitutional Court repealed the relevant article of the Criminal Code of Ukraine, as the Head of the Specialized Anti-Corruption Prosecutor’s Office (SAP) Nazar Kholodnytsky said on air of 1+1 TV channel.

“Over the working period of SAP and NABU (National Anti-Corruption Bureau, - ed.) 106 proceedings under the article on illicit enrichment were opened, 65 of them are being investigated, 37 were closed, four were passed to the court with incitements,” he stated.  

Kholodnytsky noted that first proceedings under this article were sent to the court in April 2016. This was the case against former military prosecutor of the Anti-Terrorist Operation forces. The court has been considering this case for three years now, but only three hearings were held last year.

Related: Strike against Ukraine's anti-corruption system, - official on cancelation of illicit enrichment’s article

The last proceeding was sent to the court last week. The case was opened against the Infrastructure Minister Volodymyr Omelyan. There is also a case against the Head of State Audit Service and the case on the judge of one of Luhank courts, who manage to buy two elite apartments - “on his salary”, as he put it.

Besides, the anti-corruption agencies were ready to end the investigation of the case against ex-Head of State Fiscal Service Myroslav Prodan. Ministers, their deputies and heads of regional state administrations were supposed to be the involvants in the cases on illicit enrichment.

Related: Ukraine's Prosecutor General not surprised court repeals article on illicit enrichment

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: Anti-corruption body states about illicit enrichment of MP Tymoshenko

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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