Rada passes bill on increasing liability for corruption in second reading
On Tuesday, June 17, the Verkhovna Rada adopted in the second reading and in general the draft law No. 13271-1, which concerns the strengthening of responsibility for corruption and corruption-related offenses. The relevant decision was voted for by 245 MPs, , said MP Yaroslav Zheleznyak.
According to the explanatory note, the main goal of the draft law is to update the criteria for criminal and administrative liability in the field of declaration and illicit enrichment. The document also aims to improve pre-trial investigation procedures, eliminate gaps in legal regulation regarding the timeframe for storing information in the Corrupt Practices Register and monitoring the lifestyle of declarants.
One of the main changes is the revision of the thresholds of liability for false declaration and illicit enrichment. In particular, the threshold for criminal liability for false information in the declaration is proposed to be raised from UAH 1.5 million to UAH 2.27 million. The NABU explains this by the fact that in recent years there has been a significant depreciation of the hryvnia and an increase in the cost of living.
Administrative liability for mistakes in declarations will also be applied only in cases where the value of false information exceeds UAH 454,200. Currently, it starts at UAH 302,800. The relevant amendments to the Criminal Code stipulate that for intentionally declaring false information worth more than UAH 2.27 million, an official will face a fine of up to UAH 136,000, community service or even imprisonment for up to two years.
At the same time, the threshold for prosecution for illicit enrichment is reduced from UAH 9.84 million to UAH 9.08 million. Thus, criminal proceedings may be initiated even if the difference between the official's income and his/her property is less. In addition, the range of persons who may be investigated under this article is expanded. They include, in particular, members of the HQCJ and MSEC.
There are also amendments to the Criminal Procedure Code that change the jurisdiction of the BES and NABU. The BES detectives will now be able to investigate economic crimes only if the damage is in the amount of UAH 3 to 15 million. For the NABU, the threshold is raised to UAH 15.14 million (previously UAH 6 million), in particular in cases of embezzlement of budget funds or abuse of power.
The new rules also stipulate that if a case is opened against a serviceman who is currently mobilized or serving under contract, the court may suspend the proceedings, but only if it is proved that the person cannot participate in the process even remotely. If participation in hostilities is terminated, the case will be resumed.
The rules for storing data in the Register of Corrupt Officials are also being clarified. Information on administrative or civil offenses will be stored for one year, and information on criminal liability - until the conviction is lifted or expunged. Data on legal entities found guilty of corruption will remain in the register for five years.
A separate amendment was introduced to the Law on Military Duty and Military Service. From now on, military formations will not be able to engage persons accused of grave or especially grave corruption crimes in service if the case is under trial.
In June, the NACP called on MPs not to weaken control over the wealth of officials, because checking illegal enrichment will become almost impossible.
The Anti-Corruption Action Center has previously criticized the draft law, saying that it actually weakens control over declaration, illicit enrichment and liability of officials.
At the same time, Transparency International Ukraine called the document "not perfect, but not harmful" and called for its revision before the second reading. In particular, the organization insisted on not lowering the threshold for civil forfeiture and preserving the NABU's authority to investigate cases that do not fall under the new criteria of criminal liability or the amount of damage.
