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The court overturned judgement with regard to the former Director of the armor plant accused of declaring false information
On November 19, 2020, the High Anti-Corruption Court (HACC) overturned judgement concerning the former Director of State Enterprise “Lviv Bronetankovyi Zavod” State Enterprise, Roman Tymkiv, who had previously been found guilty of declaring false information. This became possible due to the decision of the Constitutional Court of Ukraine’s (CCU) dated 27.10.2020 No. 13-p/2020 which abolished the responsibility for declaring false data. On May 27th, 2020, the HACC found the official guilty of entering false information into declarations (Article 36-1 of the Criminal Code of Ukraine). Former ...
Administrative liability of top-officials for false declarations also does not apply consequences of the CCU’s decision
The provision on criminal liability of officials for false declarations (Article 366-1 of the Criminal Code) was repealed by the Decision of the Constitutional Court of Ukraine (CCU) dated 27.10.2020 No. 13-p/2020. In fact, however, administrative liability of top-officials for corruption and corruption-related offences was also repealed.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: discipl...
Adoption of the draft law No. 4231 will increase transparency in procurements — NACP
The National Agency on Corruption Prevention (the NACP) completed the anti-corruption examination of the draft law No. 4231, and analyzed amendments which the draft law proposes in order to increase transparency of procurements. The main goal of the draft law is to ensure publicizing information by the customers during procurement of repair (construction) services and protection of participants of procurements during appeals in the AMCU. The NACP analyzed contracts for procurement of repair (construction) services publicized by customers in the electronic public procurement system ProZorro...
#corruptionluckies: who benefited from discharging from liability for false declarations
For almost a month now, the Constitutional Court of Ukraine has revoked its responsibility for declaring false data, declaring the relevant article of the Criminal Code unconstitutional. This decision was a gift for those whom the NACP found in violation in the declarations. New names of # corruptionluckies to follow. Serhiy Nikolaichuk, former Deputy Minister of Economic Development, Trade and Agriculture, failed to indicate income from a sale of MinFin securities in the amount of almost 2 million hryvnias and information on financial obligations to the bank for an amount exceeding UAH...
Officials found guilty of committing corruption offences by the court are recalling sentences due to CCU’s decision
The High Anti-Corruption Court of Ukraine (HACC), on the basis of the decision of the Constitutional Court of Ukraine’s (the CCU’s) No.13-р/2020 overturned a sentence against former Judge of the Court of Appeals of Dnipropetrovsk Oblast, Nadiia Posunsia, who in October 2019 was found guilty of deliberate failure to file a declaration. In October 2019, the HACC found Judge Nadiia Posunsia guilty of intentionally failing to file a declaration of a person authorized to perform functions of the state or local government in 2015, 2016, 2017. As a result of the case, the court imposed a fine of UAH...
The draft law on electronic land auctions will reduce the level of corruption in the land market
The draft law No. 2195 that proposes the introduction of e-auctions for sales of land plots in the state and communal ownership will significantly reduce corruption risks in the land market. This is mentioned in the analytical review to the draft law produced by the National Agency on Corruption Prevention (the NACP). The draft Anti-Corruption Strategy for 2020–2024 establishes that free privatization of state and communal lands is the biggest source of corruption in land relations, contrary to purchase of lands at electronic auctions. Thus, in order to ensure transparency of the land m...
How does the Register of Declarations help to detect violations for hundreds of millions of hryvnias?
The Constitutional Court of Ukraine (CCU) as a result of its decision that caused the collapse of the anti-corruption system, declared provisions regarding publicity of the Unified State Register of Declaration (paragraphs 2-3 of part 1 of Article 47 of the Law of Ukraine “On Corruption Prevention”) unconstitutional. It was detrimental to those who actively used the Register: journalists, whistleblowers, and active citizens. To implement the CCU’s decision, the National Agency on Corruption Prevention (the NACP) terminated access to the public part of the Registry. It was only due to the ...
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 onl...
How did the Decision of the CCU complicate the verification of information in the reports by political parties?
A recent ruling by the Constitutional Court (CCU) has significantly complicated the process of analyzing the financial statements of political parties. Thus, the National Agency on Corruption Prevention (NACP) has lost the right to send requests for information to businesses and individuals, and thus fully verify the information in the reports. Below is the outline of the major consequences of such a change. Why is this important? Prior to the CCU’s decision, the NACP could verify whether data in the financial reports of political parties corresponded to their actual revenues and e...
Members of Parliament, Judges and the Minister: 62 cases will not be considered by the courts because of the Decision by the CCU
Due to the adoption of the decision of the Constitutional Court of Ukraine dated 27.10.2020 No. 13-р/2020, the National Agency of Corruption Prevention (NACP) was forced to file motions to the court to close proceedings in 62 cases. These include cases on the following officials: Oleh Hladkovskyi, ex-first deputy of the CNSD Secretary; Oleksandr Tupytskyi, Constitutional Court of Ukraine’s chief judge; Oleh Liashko, ex-Member of Parliament; Nestor Shufrych, Member of Parliament; Serhii Taruta, Member of Parliament; Ihor Nasalyk, ex-Minister of Energy and Coal Industry; ...
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