Zelensky signs law restoring full operation of NAPC

Zelensky signs law restoring full operation of NAPC

President Volodymyr Zelensky signed the Law of Ukraine “On Amendments to the Law of Ukraine ‘On Prevention of Corruption’ Concerning the Restoration of the Institutional Mechanism for Prevention of Corruption” which was passed by the Parliament on December 15.

As the President’s press service informs, the document eliminates legislative gaps that arose in connection with the decision of the Constitutional Court of Ukraine of October 27 to declare unconstitutional certain provisions of the Law of Ukraine "On Prevention of Corruption" and ensures the full functioning of the National Agency for Prevention of Corruption (NAPC).

The law also establishes additional features of the exercise of the NAPC's powers over judges, judges of the Constitutional Court of Ukraine, aimed at ensuring compliance with the guarantees of independence of these persons. This approach will take into account the decision of the CCU of October 27 and at the same time will allow to maintain the effectiveness and proportionality of the institutional mechanism for preventing corruption.

The document also provides for open round-the-clock access to the Unified State Register of Asset Declarations of Persons Authorized to Perform the Functions of the State or Local Self-Government.

In addition, the law establishes the peculiarities of conducting full inspections of declarations and monitoring of lifestyle in relation to judges, judges of the Constitutional Court of Ukraine; provides for legal regulation on liability for corruption and corruption-related offenses.

The implementation of the law will facilitate eliminating corruption in Ukraine, restore the functioning of the institutional mechanism for preventing corruption, promote restoration of the proper functioning of the NAPC and fulfillment of Ukraine's international obligations in preventing and combating corruption, further implementation of its European and Euro-Atlantic aspirations, as well as enhance Ukraine’s authority in the international arena.

The law enters into force on the day following its publication.

As reported, on October 27, the Constitutional Court recognized unconstitutional Article 366-1 of the Criminal Code on penalties for lies in asset declarations. In particular, the Constitutional Court declared unconstitutional the powers of the National Agency on Corruption Prevention (NACP) 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.

On November 25, 2020, President of Ukraine Volodymyr Zelensky requested an urgent opinion of the Venice Commission on the constitutional situation created by the decision of the Constitutional Court of Ukraine.

The Venice Commission stated in its Opinion that the Constitutional Court of Ukraine needs to be reformed and depoliticized.

The President promised to take into account the conclusions of the Venice Commission in carrying out judicial reform.


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