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

Source : 112 Ukraine

Constitutional Court ruled an article of a Criminal Code on the illicit enrichment of public officials unconstitutional upon the pretext that the provisions of the article violate the presumption of innocence
17:50, 27 February 2019

Yuriy Lutsenko, the Prosecutor General of Ukraine
The Verkhovna Rada

Ukraine's Prosecutor General Yuriy Lutsenko supported the initiative of Petro Poroshenko, the President of Ukraine, to legislate actual responsibility for illicit enrichment after reviewing the decision of the Constitutional Court, which ruled Article 368-2 of the Criminal Code on "illicit enrichment" unconstitutional, as Interfax-Ukraine reported. 

"The decision of the Constitutional Court of Ukraine was not a big surprise, law experts know that our fantastic anti-corruption committee under the Verkhovna Rada had prepared the text of the law, which did not meet legal realities," Lutsenko said.

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

Earlier, Constitutional Court of Ukraine ruled an article of a Criminal Code on the illicit enrichment of public officials unconstitutional, as the provisions of the presumption of innocence is violated.

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: NABU is ordered to investigate possible illicit enrichment of Odesa Police head

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.

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