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Zelensky prepares draft law to restore criminal responsibility for illicit enrichment

According to Ryaboshapka, they have a new concept and it allows to respond to the illicit enrichment before the law comes into force
17:37, 22 May 2019

Ruslan Ryaboshapka, the Deputy Head of President’s Administration
Open source

President of Ukraine Volodymyr Zelensky works out the draft law on the restoration of the criminal responsibility for the illicit enrichment as Ukrainian News reported citing Ruslan Ryaboshapka, the Deputy Head of President’s Administration.

“This draft action plan exists, we agree on it because it is a huge group of the experts,” the message said.

Ryaboshapka reported that the first steps will be connected with the fulfillment of the IMF demands. “Because we need to provide the continuation of the cooperation and despite this fact, there are things needed by our society”.

Related: Court closes case on illicit enrichment against Infrastructure Minister

Particularly, the issue is about the restoration of the criminal responsibility for the illicit enrichment. According to Ryaboshapka, they have a new concept and it allows to respond to the illicit enrichment before the law comes into force. “We will offer it soon”.

It is noted that the reforms of the judicial, law enforcement and economic systems are also planned.

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. 

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

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 former 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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