NACP head, German ambassador discuss consequences of Constitutional Court ruling

NACP head, German ambassador discuss consequences of Constitutional Court ruling

Chairman of Ukraine's National Agency on Corruption Prevention (NACP) Oleksandr Novikov and German Ambassador to Ukraine Anka Feldhusen have discussed the consequences of a Constitutional Court of Ukraine (CCU) ruling in the anti-corruption case for the country's entire anti-corruption system, the NACP has said on its Facebook page.

According to the report, the German embassy declared its support for Ukraine in a crisis situation that has developed since the adoption of Constitutional Court ruling No. 13-r/2020 on October 27, 2020.

Topical issues of preventing and combating corruption in Ukraine were also discussed.

"We are grateful for the support of the Embassy of the Federal Republic of Germany in Ukraine in a crisis situation. During the meeting with Mrs. Ambassador, we discussed the consequences of the CCU's decision for the entire anti-corruption system in Ukraine, the necessary steps to resolve the situation, as well as the issue of its full restoration. This is possible only by uniting all those who support the European path of Ukraine's development," Novikov said.

At the same time, according to the NACP, the meeting with the German ambassador was planned in advance and is not related to the CCU's decision in the anti-corruption case.

On October 27, the Constitutional Court repealed Article 366-1 of the Criminal Code on penalties for lies in asset declarations and some provisions of the law "On Corruption Prevention" on the basis of a petition filed by 47 MPs from the Opposition Platform - For Life faction and the For the Future group. In particular, the Constitutional Court declared unconstitutional the NACP's powers to verify officials' asset declarations, monitor the lifestyle of those who submit asset declarations, establish the timeliness of submission of asset declarations, as well as provisions on open access to declarations in the unified state register.

In connection with the decision of the Constitutional Court, President Volodymyr Zelensky held a meeting of the National Security and Defense Council on October 29 to determine measures for the state's immediate response to new threats and challenges to national security and defense. The decision was made at the meeting to reopen public access to the unified state register of asset declarations, to ensure the holding of special verifications by the NACP, and to oblige state bodies and local self-government bodies to grant the NACP access to registers and databases.

In addition, Zelensky tabled in the Verkhovna Rada his bill "On Renewal of Public Confidence in Constitutional Judiciary" (No. 4288), which proposes to terminate the powers of the current composition of the Constitutional Court.

The bill also proposes to recognize that the Constitutional Court ruling of October 27 is null and void (not creating any legal consequences) as it was adopted by the judges of the Constitutional Court amid a real conflict of interest.

On November 2, Verkhovna Rada Speaker Dmytro Razumkov said the parliament planned to resume the electronic declaration of income and assets through the adoption of a new law.

On the evening of November 2, a group of MPs from several factions led by Razumkov registered bill No. 4304 "On Resuming the Effect of Certain Provisions of the Law of Ukraine on Corruption Prevention and the Criminal Code of Ukraine." The document provides for the introduction of amendments to the law "On Corruption Prevention," which proposes to restore the NACP's rights. In particular, it is proposed that the NACP be granted the right to receive information, including confidential information, from state bodies, the authorities of Crimea, local government agencies, businesses regardless of the form of ownership and their officials, citizens and their associations, in the manner prescribed by law, on the basis of written requests.

At the same time, taking into account the legal position of the Constitutional Court, it is proposed to instruct the government to draw up a bill on the peculiarities of the legal and organizational framework of the anti-corruption system for judges, as well as the mechanism for bringing them to justice.

On November 2, First Deputy Speaker of the Verkhovna Rada Ruslan Stefanchuk also called on the parliament this week to fill the vacancies of the Constitutional Court according to its quota.

Three out of 18 positions in the Constitutional Court currently remain vacant: one from the Congress of Judges of Ukraine and two from the Verkhovna Rada.


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