I’ve already written on the scandalous infringement on anti-corruption legislation by Poroshenko & Co. and in what way the violators must be made accountable.
On Oct. 14, 2014, the parliament of Ukraine with great aplomb passed an anti-corruption law which was voted for in the presence of Poroshenko. This law enacted, in particular, actions of the president for the liquidation of clashing interests in the case of his owning enterprises or corporate rights.
However, the offshore situations and Poroshenko’s total impunity for the gross violation of the anti-corruption legislation assured that fighting against corruption in Ukraine is a bluff. Creation of various anti-corruption bureaus and anti-corruption agencies is merely squandering of public and granted funds and deception for the Western partners.
Besides the violations of the law, there is one more thing that violates the legislation regulating the order of investments abroad by residents of Ukraine.
According to the administrative ordinance of the board of directors of the National Bank of Ukraine “on ratification of Instruction for the order of individual licensing for performing investments abroad” N122, 16.03.99, part 1.10, for performing all kinds of investments (independently of terms and amounts), it is compulsory for residents to obtain licenses beforehand. By investing costs (as little as it may be) in the statute capital of foreign countries, Poroshenko, like other offshore lovers, violates this norm.
As of this moment, the National Bank of Ukraine officially confirmed in response to my deputy’s inquiry, that Poroshenko did not obtain the respective license for operations he conducted.
What should be done to him for that?
According to p. 2.2. of Ordinance of NBU N49, execution by residents and non-residents of operations that require obtaining a license of the National Bank according to p. 4 of Art. 5 of the Decretal without obtaining an individual license of the National Bank entails a fine in the amount equivalent to the stated currency valuables.
It won’t hurt to remind that the president is an ordinary official who must bear the exact same responsibility to the law as any other government employee.
Set by the Constitution of Ukraine, the president’s immunity means only freezing of criminal prosecution for him during his performance of duty.
At the same time, the president is subject to anti-corruption legislation and can be held to administrative responsibility in the form of a fine, and included in the lists of persons prohibited to hold government posts because of commitment of a corruption crime.
