Date: a month ago   Category: Politics

In AP called advantages of the bill of enrichment


The presidential bill is supported by the international partners, it will give the chance "to revive" a part of the closed affairs. The bill of the president Vladimir Zelensky of illegal enrichment is agreed with the IMF, he will not allow "to bury" the closed affairs and will make possible withdrawal of assets in favor of the state. It on Tuesday, June 4, the presidentns deputy chief of staff Ruslan Ryaboshapka said, writes TSN. He emphasized that the team consulted with experts from the IMF, the World Bank, domestic experts and the American prosecutors, and the bill got their support. Ryaboshapka noted that the bill provides other approach – not only criminal liability, but also a possibility of confiscation and collecting unreasonable assets in favor of the state. According to him, this norm already is in the civil legislation, but the old formulation did not allow to put it into practice. The worker of AP emphasized that such approach is applied in many countries, is provided by the convention of the UN against corruption and removes risks from a presumption of innocence. Besides, the civil procedure is faster and more effective, gives the chance of retrospective application – that is the closed affairs of SAP and their materials can be used again. Ryaboshapka told that criminal liability will come for illegal enrichment in case the amount of assets is considerable – more than 12 thousand free minima (about 11.5 million hryvnias). As it is noted, this sum was increased consciously that anti-corruption bodies were not engaged in small affairs. "Smaller" cases are considered as the civil procedure. That is, Ryaboshapka explained, the first stage is a civil procedure and when assets exceed 12 free minima – there comes criminal liability, and sanctions on it rather rigid – from 5 to 10 years of imprisonment. Also Ryaboshapka explained how the civil procedure will look. At first NABU on the basis of the materials prepares the claim, comparing income and assets of the official. A claim is submitted to the Highest anti-corruption court where case will be considered by joint three judges. Detectives of NABU and prosecutors of SAP will have to explain in court why assets are unreasonable and their communication with the person against whom a claim is submitted. In turn the defendant will have to prove in court why its income is legal. The decision will be made on the basis of balance of persuasiveness of proofs. Besides, Ryaboshapka said that in the presidential bill of restoration of punishment for illegal enrichment of top officials nuances of the closed productions are considered, and a third from persons involved can bear criminal liability. As it was reported, the presidential bill of illegal enrichment was introduced in Rada the day before. And today the parliament refused to consider other bill of the president - about an impeachment. Let's remind, on February 27 the Constitutional court of Ukraine published the decision on cancellation of article of the Criminal code of Ukraine on illegal is enriched

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