Constitutional Court decision creates serious problem for relations with international partners - Kuleba

Constitutional Court decision creates serious problem for relations with international partners - Kuleba

Ukrinform
The decision of the Constitutional Court to repeal criminal liability for illicit enrichment creates a serious problem for Ukraine's relations with international partners, according to Ukrainian Foreign Minister Dmytro Kuleba.

He said at an online briefing on Thursday that the president and the government are currently looking for ways out of the situation, according to an Ukrinform correspondent.

"Yesterday's decision of the Constitutional Court creates a serious problem, a problem not only for the internal development of Ukraine, but also for our relations with partners who have contributed to the creation of anti-corruption infrastructure in Ukraine," he said.

At the same time, Kuleba said that the president and the Cabinet of Ministers, including the Foreign Ministry, are determined to overcome the consequences of the problem created by the decision of the Constitutional Court.

"You will soon see concrete steps in this direction," he said.

According to him, the Foreign Ministry's task in this situation is to find, together with Ukraine's partners, the best ways to solve the problem and ensure that the anti-corruption infrastructure in Ukraine works properly.

"We will do it not because someone from outside asks us to. We will do it because the fight against corruption meets Ukraine's interests, the interests of the Ukrainian people. This strengthens the welfare of Ukrainians and ensures Ukraine's further movement through the path of European integration," Kuleba 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.

On October 28, at 19:00, the National Agency on Corruption Prevention closed access to the register of asset declarations in pursuance of the decision of the Constitutional Court of Ukraine.

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.

The NAPC said that the judges of the Constitutional Court had made this decision in their own interests, as the agency found signs of several judges declaring false information in their asset declarations.

At the same time, the President's Office said that President Volodymyr Zelensky would use his right of a legislative initiative to restore the sustainable and most effective operation of the electronic asset declaration system and ensure the inevitability of liability for intentional violations of these rules.

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