Olexandr Danyliuk and Ruslan Riaboshapka, the advisors of the newly elected president of Ukraine Volodymyr Zelensky, stated that restoring criminal responsibility for illegal enrichment is one of the top initiatives of the newly elected head of state. The advisors stated this during the session, broadcasted by 112.Ukraine.
“This is one of our top initiatives. The criminal responsibility for the illicit enrichment will be restored. We also suggested the additional method which grants the opportunity to eliminate that negative effect, in fact, the amnesty to those who illegally enriched, by the decision of the Constitutional Court of Ukraine,” Riaboshapka stated.
According to Danyliuk, this decision should be approved very soon, as it is one of the conditions to continue the cooperation with the International Monetary Fund.
Riaboshapka added that the European partners have spoken many times about restoring criminal responsibility for illegal 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.
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.