The Constitutional Court found unconstitutional Article 368-2 of the Criminal Code, which provides punishment for officials for illegal enrichment. Ukrainska Pravda has been reported on this by four independent sources.
The court has decided that the provisions of the article did not comply with the principles of the law and the presumption of innocence.
In particular, the article on illegal enrichment allegedly obliges the very suspect to prove the legality of his wealth. While legislation imposes the burden of proving exclusively on the charged.
On December 12, 2017, 59 people’s deputies complained to the court for the punishment for illicit enrichment. Their interests in the court were represented by a parliamentarian from the People’s Front Pavlo Pynzenyk.
Criminal liability for illegal enrichment was introduced in 2015. This was one of the requirements of the EU to implement the Visa Liberalization Action Plan, as well as one of Ukraine’s obligations to the IMF, enshrined in the memorandum.
