President of Ukraine Petro Poroshenko has proposed to formulate the article on the illicit enrichment with the refinement on the absence of the abuse of power or bribery. The text of the presidential draft law on the illicit enrichment #10110 was published as of March 1.
“The acquisition of the assets in the substantial amounts by a person authorized for the execution of the state’s functions or local self-government, without legal grounds with the absence of the signs of the abuse of power or authority, signs of the acceptance of the proposal, promise or acquisition of the unlawful benefit by official and the pass of such assets to any other person,” the renewed norm of the article on the illicit enrichment was formulated in such way.
The Constitutional Court of Ukraine recognized such formulation unconstitutional:
“The acquisition of the assets in the substantial amounts by a person authorized for the execution of the state’s functions or local self-government, when the legality of the grounds for the acquisition is not proved by the evidence and the pass of such assets to any other person”.
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.
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.