Zelensky may initiate new law on electronic asset declarations – President's Office

28.10.2020 10:50

Ukrinform

Ukrainian President Volodymyr Zelensky will use his right of a legislative initiative to restore the sustainable and most effective operation of the electronic asset declaration system and the inevitability of liability for intentional violations of these rules, the President's Office has reported.

The report comes as the Constitutional Court on October 27 issued a ruling on the declaration of property and income of officials and deputies.

"We are waiting for the publication of the full text of the Constitutional Court decision in this case. We are aware that the Constitutional Court's decisions are final and not subject to appeal. But what is also final and not subject to appeal is Ukraine's aspiration to fully join European and Euro-Atlantic entities. An integral part of this aspiration is the obligation to combat corruption in Ukraine by making national policies clean. The president will surely use his right of a legislative initiative to restore the sustainable and most effective operation of the electronic asset declaration system and the inevitability of liability for intentional violations of these rules," the report reads.

The President's Office said that Ukrainian officials and deputies will continue to declare their property and income, and the anti-corruption bodies will have the necessary powers to inspect them and bring violators to justice.

"The law in Ukraine is one for all, even for political parties and individuals that want to undermine the electronic asset declaration system," the President's Office said.

According to the report, the full text of the court decision has not yet been made public, but the society has already heard many speculative political statements that significantly distort the position of the state and the president.

"Therefore, let us emphasize this once again. The Ukrainian state has created a system of electronic declaration and control over the assets of officials and deputies. Elements of this system are not only the obligation of persons designated by law to declare their property and income, but also responsibility for inaccurate declaration and control powers of the National Agency for the Prevention of Corruption. To date, this system has worked effectively, finally showing the Ukrainian people what politicians really do and helping bring violators of anti-corruption laws to justice. This has significantly influenced the formation of new principles of policy and the practice of public administration. We consider this a fundamental asset of the state," the President's Office said.

The Constitutional Court on October 27 declared unconstitutional Article 366-1 of the Criminal Code of Ukraine, which provides for penalties for incorrect information in asset declarations.

Article 366-1 of the Criminal Code provides for liability in the form of a fine or imprisonment for the submission of deliberately inaccurate information in asset declarations by persons authorized to perform the functions of the state or local government.

In August 2020, 47 MPs submitted a motion to the Constitutional Court regarding the constitutionality of the provisions of the laws that make up the so-called anti-corruption platform. The issue concerns electronic asset declaration, special confiscation and updated Article 368-5 of the Criminal Code that provides for criminal liability for illicit enrichment.

The lawmakers challenged certain provisions of the laws "On Preventing Corruption," "On the Prosecutor's Office," "On the National Anti-Corruption Bureau of Ukraine," "On the State Bureau of Investigation," "On the Asset Recovery and Management Agency," the Criminal Code, and the Civil Procedure Code.