The provision on criminal liability of officials for false declarations (Article 366-1 of the Criminal Code) was repealed by the Decision of the Constitutional Court of Ukraine (CCU) dated 27.10.2020 No. 13-p/2020.
In fact, however, administrative liability of top-officials for corruption and corruption-related offences was also repealed.
Let us explain why it is currently impossible to bring top-officials to administrative liability.
What types of liability for corruption are available?
Depending on the form and scale of corruption, there are four types of liability:
- disciplinary (admonition, dismissal),
- civil legal (indemnification for losses, collection of unjustifiable assets),
- administrative (penalty, confiscation, disentitlement to hold certain positions or engage in certain activities),
- criminal (imprisoning, fine, disentitlement to hold certain positions or engage in certain activities).
- the President of Ukraine;
- the Prime-Minister and ministers of the Cabinet of Ministers of Ukraine, deputies thereof;
- Members of Parliament of Ukraine;
- judges and prosecutors;
- members of the High Judicial Council and members of the High Qualifications Commission of Judges of Ukraine;
- members of the Central Election Commission;
- the Head of the National Bank of Ukraine, deputies thereof;
- members of the National Council of Television and Radio Broadcasting of Ukraine, National Commission for Regulation of Financial Services Markets, National Securities and Stock Market Commission;
- members of the Antimonopoly Committee of Ukraine;
- the Head of the State Property Fund of Ukraine, deputies thereof;
- the Head of the State Customs Service of Ukraine, deputies thereof;
- the Head of the State Fiscal Service of Ukraine;
- the Secretary of the National Security and Defense Council of Ukraine, deputies thereof;
- the Head of the Office of the President of Ukraine, deputies thereof;
- other public officers of A and B categories, local government officials of first and second categories.