EU not to punish Ukrainians for Constitutional Court ruling - Foreign Ministry

EU not to punish Ukrainians for Constitutional Court ruling - Foreign Ministry

Ukrinform
The European Union will not punish Ukrainians for a Constitutional Court ruling lifting the Criminal Code article on liability for illegal enrichment, but Ukraine must look for ways out of the situation.

Ukrainian Foreign Ministry spokesperson Kateryna Zelenko said this at a press conference in Kyiv on Thursday, according to an Ukrinform correspondent.

She stressed that it is for Ukrainian citizens that it is important to continue to move freely towards European and Euro-Atlantic integration, therefore, it is necessary to look for ways out of the situation.

At the same time, Zelenko recalled that the president had already submitted a new bill on liability for illegal enrichment. "We will strive to do all we can on our part in order to find the optimal solution so that the interests of Ukrainian citizens are not affected because [...] our European chances are at stake," she added.

The Constitutional Court on February 26 ruled unconstitutional Article 368-2 of the Criminal Code of Ukraine, which envisaged the criminal liability of officials for illegal enrichment.

Criminal liability for illegal enrichment was introduced on November 26, 2015. This was one of the requirements of the EU to implement the Visa Liberalization Action Plan.

Article 368-2 of the Criminal Code of Ukraine, among other things, provided for imprisonment for up to two years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years and with the confiscation of property if an official acquired a significant amount of assets the legality of which was not confirmed by evidence and if an official transferred such assets to another person.

The same acts committed by an official holding a responsible position were punishable by imprisonment for a term of two to five years. The acts committed by an official holding a particularly responsible position were punishable by imprisonment for a term of five to ten years.

On December 12, 2017, 59 people's deputies sent a motion to the Constitutional Court with the demand to verify the compliance of Article 368-2 of the Criminal Code of Ukraine with the Constitution of Ukraine.

President Petro Poroshenko said he had signed and ordered the registration in parliament of a new bill regulating criminal liability for illegal enrichment.

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