The National Agency on Corruption Prevention (NACP) has proposed two possible models for resolving the problems that arose after the decision of the Constitutional Court of Ukraine dated Feb. 26 declaring Article 368-2 of the Criminal Code of Ukraine (illegal enrichment) unconstitutional.
“Taking into account the position of the Constitutional Court of Ukraine, illegal enrichment can be determined as an increase in the assets of the person authorized to perform the functions of state or local governance significantly exceeding his income or the acquisition of property, the increase in the value of this property by the person authorized to execute the functions of state or local self-governance, which significantly exceeds the legal income of the person, if these actions are performed without the grounds set by law, other legal acts or transactions,” the agency’s press service said.
The NACP noted that after the Constitutional Court had made the decision, the agency was deprived of the opportunity to establish the signs of illicit enrichment as part of 500 full-scale checks on the declarations of persons authorized to perform the functions of state initiated in 2019. In addition, it is no longer possible to establish the signs of illicit enrichment in declarations for 2015-2018.
