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Ukraine’s Anti-Corruption Bureau closes all cases on illicit enrichment

The total sum of the incomes, which legality was investigated by anti-corruption agents amounted to about $18,4 million
12:49, 28 March 2019

Open source

The National Anti-Corruption Bureau of Ukraine (NABU) closed all cases on the illicit enrichment on March 27 as the Constitutional Court recognized the article of the Criminal Code on the illicit enrichment of officials unconstitutional as the NABU reported on Facebook.

“From now on, there are no cases on the illicit enrichment in the NABU. Due to the decision of the Constitutional Court, 26 criminal proceedings and 37 cases on the illegal benefit were closed,” the message said.

Related: EU offers expert assistance to Ukraine for development of illicit enrichment legislation

According to the NABU, the total sum of the incomes, which legality was investigated by anti-corruption agents amounted to about $18,4 million.

“Mostly, the issue was about the incomes and property of the MPs, prosecutors, officials of the central bodies of power and judges,” the NABU specified.

Related: Omelyan’s case to be closed due to cancelation of 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.

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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