The head of the constitutional court Stanislav Shevchuk
The provision on the punishment for illicit enrichment are recognized as legitimate, if the accused to prove would oblige the state.
The constitutional court recognizes a norm on criminal liability for illicit enrichment is legitimate, if the government will be obliged to prove guilt. This was stated by the head of KSU Stanislav Shevchuk on Thursday, February 28.
Cancelled by court rule involves the criminal prosecution, if the accused fails to give evidence in his defence.
“Who says you can’t prosecute without evidence,” – said Shevchuk.
According to him, the court did not abolish the idea of responsibility for illegal enrichment, and drew attention to the unconstitutionality of the wording of this rule.
“It should be reformulated to conform to the Constitution. As for the deputies, they turned and demanded to recognize the unconstitutionality of this provision and their arguments were accepted by the court,” – said Shevchuk.
The head of the CCU said that the canceled article originally formulated in such a way that there is doubts as to its constitutionality.
“Now we have formed a new anti-corruption court here, and the question arose about the unconstitutionality of this article… This article does not apply, there is no court verdict. The basic principle of the criminal process – the prosecution supports the charge. These are the basics of the criminal process. The government is reforming the judicial system, the reform process is not yet complete. This can be a very dangerous tool against political opponents”, – said Shevchuk.
We will remind, on the eve of the KSU issued a decision to cancel the article of the Criminal code on illicit enrichment. Human rights activists noted that the CCU decision will mean a complete Amnesty for all officials with questionable income.
Today in the Verkhovna Rada two of the law on the punishment of illicit enrichment, one of which is presidential.
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