The President of Ukraine Vladimir Zelensky on 16 July introduced to the Verkhovna Rada a bill №10461 “On amendments to some legislative acts of Ukraine concerning the illegal confiscation of assets of persons authorized to perform state functions or local self-government, and the punishment for the purchase of such assets.”
In the explanatory Memorandum stated that the bill is aimed at restoring criminal liability for illicit enrichment, as well as “the introduction of penalty in the state income of unjustified assets [officials]”.
“The bill proposes to Supplement the criminal code provisions criminalizing the purchase of [the official’s] assets, which cost more than 12 thousand non-taxable minimum incomes of citizens (UAH 204 thousand) exceeds his lawful income”, – stated in the explanatory Memorandum.
The project also proposes to regulate the procedure of confiscation of illegal assets.
“In this regard, the introduction of the Civil code of Ukraine as a separate grounds for termination of property rights, identifying the types of assets that can be recognized as unjustified, and the limit of cost of such assets (cost, 500 and more times exceeds the size of the subsistence minimum for able-bodied persons )”, – said in a note.
Consideration of cases on recognition of unjustified assets and their recovery should be allocated to the jurisdiction of the Higher anti-corruption court, the right to court – National anti-corruption Bureau after consultation with the Specialized anti-corruption Prosecutor’s office.
“The adoption of the draft law will introduce a legal basis for criminal prosecution of perpetrators of illicit enrichment, and for recovery in state revenue of unjustified assets of persons authorized to perform state functions or local self-government”, – said the authors of the bill.
February 26, 2019, the constitutional Court declared article 382-2 of the Criminal code of Ukraine (illicit enrichment) is not relevant to the Basic law and abolished it. The decision States that it is not consistent with the constitutional principle of the presumption of innocence and the constitutional requirement on the inadmissibility of the imposition of liability for refusal to give testimony or explanations against himself, family members or close relatives (article 62 and 63 of the Constitution).
After that in Parliament there were several bills on responsibility for illicit enrichment.
28 Mar Specialized anti-corruption Prosecutor’s office published a list of 65 criminal proceedings that are closed due to the cancellation of the article on illicit enrichment.
3 Jun Zelensky has submitted to Parliament a draft law No. 10358. The President’s representative in Parliament Ruslan Stefanchuk said that he hoped to cooperate with the deputies in this matter.
June 6, Parliament included in the agenda of the parliamentary draft law on liability for illicit enrichment, the initiative Zelensky considered abandoned. Then the Deputy head of the President’s Office Ruslan Ryaboshapka declared that the project Zelensky will submit to Parliament again.