CCU’s ruling on e-declarations contradicts Ukraine’s international commitments – EU

This was said in a statement by EU’s Spokesperson for Foreign Affairs and Security Policy Peter Stano, published on the website of the European External Action Service (EEAS) on November 3.

“The decision of Ukraine’s Constitutional Court of 27 October 2020 on elements of the anti-corruption legislation has far-reaching consequences for the whole anti-corruption infrastructure in Ukraine established after the 2014 Revolution of Dignity. The decision also calls into question a number of international commitments that Ukraine assumed in relation to its international partners, including the EU,” the document says.

The fight against corruption is one of the key benchmarks and commitments that Ukraine has taken in the framework of the Association Agreement, the recently agreed Macro-Financial Assistance programme between the EU and Ukraine and the visa liberalisation process.

According to the statement, the EU recognizes the complexity of the situation and appreciates the urgency with which the President and Government want to address it.

"We urge the Ukrainian authorities to rapidly restore the legislation on e-declaration of assets and corresponding tasks of the National Agency for Prevention of Corruption, as well as to stabilise the legal status of the National Anti-Corruption Bureau of Ukraine before the 16 December deadline set by the Constitutional Court," the EU noted.

“A robust judicial reform is still needed for the benefit of all Ukrainians. We encourage the President, the Government and the Verkhovna Rada to work together towards a comprehensive and sustainable solution. The EU stands ready to support our Ukrainian partners in this endeavour,” the EU representative added.

On October 27, the Constitutional Court declared unconstitutional Article 366-1 of the Criminal Code of Ukraine that provides for punishment for inaccurate declaration of assets. In particular, the article establishes liability in the form of a fine or imprisonment for the submission by subjects of declaration of deliberately inaccurate information in the asset declarations of persons authorized to perform the functions of the state or local government.

On October 30, Zelensky tabled in the Verkhovna Rada the bill "On Renewal of Confidence in Constitutional Judiciary," which proposes to terminate the powers of judges of the Constitutional Court and declare its ruling on asset declarations "null and void."

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