The text of the project of illicit enrichment

Появился текст проекта о незаконном обогащении

The President’s proposed bill provides for imprisonment for illegal enrichment from 2 to 10 years.

Presidential bill on the punishment for illegal enrichment on Thursday, 28 February, registered in the Parliament. The text published on the website of the Verkhovna Rada.

The document illicit enrichment is defined as the acquisition by a person authorised to perform state functions or local self-government, the ownership of assets in a significant amount without a legitimate reason in the absence of abuse of power or official position or signs of acceptance of an offer, promise or receipt of unlawful benefit by an official, as well as the transfer of such assets to any other person.

Determines that such actions are punishable by deprivation of liberty for a term up to 2 years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to 3 years with confiscation of property.

At the same time those same acts, committed by an official holding a responsible position, shall be punished by imprisonment for the term from 2 till 5 years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to 3 years with confiscation of property.

In addition, illicit enrichment committed by an official holding especially responsible position, is punishable by deprivation of liberty for a period of 5 till 10 years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to 3 years with confiscation of property.

“Under assets in a significant amount in this article refers to cash or other assets, and the income from them, if their size (value) exceeds one thousand non-taxable minimum incomes of citizens. Under the transfer of assets in this article refers to the conclusion of any transactions on the basis of which there is a right of ownership or right of use assets, as well as providing another person’s money or other property to such transactions”, – stated in the footnote to the text of the law.

The essence of the bill that amends article 368 under the icon 5 of the Criminal code, and article 368-2 of the criminal procedure code and article 297 of the icon 1.

“If the result will be proved that the funds, movable or personal property acquired by officials in the illegal way, such action will be considered as corruption,” – said the representative of the President in the Parliament Iryna Lutsenko

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.

The Union refuted the arguments of the constitutional court that the document does not comply with the principles of the rule of law and the presumption of innocence.

 

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