Criminal liability for stating false information in e-declarations must be restored by the end of December – NACP statement
The National Agency on Corruption Prevention (NACP) highlights the vital importance of restoring criminal liability for false information in officials’ declarations by the end of this year. Only then it is possible to prosecute dishonest officials for lying in the declarations for 2020.
We would like to note that according to the Criminal Code of Ukraine, any changes to it must be introduced by a separate law. Therefore, in order to return criminal liability for stating false information in the declaration, a separate document should be developed, the rapid adoption of which is possible only if MPs approve it by fast track procedure.
The annual declaration period lasts from January 1 to March 31. In order to prosecute a person for lying in a declaration, the relevant article of the Criminal Code must be in force at the time of filing the declaration by the official.
If the draft law is adopted, for instance, in February 2021, then all those officials who have submitted the declarations earlier avoid liability for stating false information in the 2020 declarations.
For reference. Due to the decision of the Constitutional Court, it is no longer possible to prosecute persons who indicated inaccurate information in its declarations in previous years. Since May 2020, the NACP has established 97 cases of submitting false information in declarations. A total of 4,712 criminal proceedings for lying in declarations have been registered since 2015, of which 1,239 have been sent to the court with an indictment. All cases in which the court has not yet ruled shall be closed.