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Penalty for false declaration restored in Ukraine

Source : 112 Ukraine

The document amends Article 1726 of the Administrative Code of Ukraine that specified the subjects of this offense
12:02, 30 December 2020

Open source

The penalty for false declaration is restored in Ukraine. The proper bill #1074-IX on the restoration of the responsibility for the declaration of false information or for non-presentation of the declaration has come into force today, December 30.

The document amends Article 1726 of the Administrative Code of Ukraine that specified the subjects of this offense.

According to the law, the administrative penalties will be applied in case if the information in the declaration of official differs from the real numbers in the sum of 100 up to 500 living minimums for able-bodied persons (from 227,000 up to 1.35 million hryvniaі ($8,079-48,051)).

Moreover, the criminal responsibility is introduced in case of false declaration for the sum of 500 up to 4,000 living minimums (($48,051-320,343) in the form of fine from 42,500 up to 51,000 hryvniaі ($1,512-1,815) or public works from 150 up to 240 hours with the deprivation of the right to occupy particular posts or hold a particular activity for up to three years.

Related: Office of Prosecutor General asks Zelensky to suspend Head of Constitutional Court from office

If the information differs for the sum of over 4,000 living minimums for able-bodied persons, the responsibility is provided in the form fine from 51,000 up to 85,000 hryvnia ($1,815-3,025), or public works from 150 up to 240 hours, or restriction of freedom for two years with the deprivation of the right to occupy particular posts or hold a particular activity for up to three years.

The Criminal Code is also complemented by the article that provides the criminal responsibility for deliberate non-provision of declaration in the sum of from 42,500 up to 51,000 hryvnia ($1,512-1,815) or public works from 150 up to 240 hours with the deprivation of the right to occupy particular posts or hold a particular activity for up to three years.

The document states that criminal proceedings will stay within the jurisdiction of the Supreme Anti-Corruption Court of Ukraine and the pretrial investigation will be held by the National Anti-Corruption Court of Ukraine.

Related: Head of Constitutional Court of Ukraine suspended from office

Earlier, the Constitutional Court of Ukraine recognized the norm about the criminal responsibility for false declaration unconstitutional. According to the court’s decision, the criminal responsibility for a false declaration is ‘excessive punishment’ for a person. The punishment for false declaration is ‘disproportional to the inflicted harm’.

On December 4, the Verkhovna Rada of Ukraine supported draft law № 4460-d on the restoration of responsibility for declaring inaccurate information and for failure to submit a declaration by the subject of the declaration. 289 MPs voted in its favor.

 

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