Constitutional Court declares unconstitutional criminal liability for inaccurate asset declarations
The Constitutional Court has declared unconstitutional Article 366-1 of the Criminal Code of Ukraine, which provides for penalties for incorrect information in asset declarations.
The Grand Chamber of the Constitutional Court issued such a ruling at a court meeting on Tuesday, October 27, a well-informed source in court told Ukrinform.
“The Constitutional Court declared unconstitutional Article 366-1 of the Criminal Code and the control powers of the NAPC [National Agency for the Prevention of Corruption],” the source said.
According to the source, the obligation to declare property was recognized as constitutional.
According to the website of the Constitutional Court, the Grand Chamber of the Constitutional Court, at a plenary meeting held behind closed doors on October 27, continued to consider the case on a constitutional motion filed by 47 MPs regarding the constitutionality of certain provisions of the laws of Ukraine “On Preventing Corruption,” “On the Prosecutor’s Office,” “On the National Anti-Corruption Bureau of Ukraine,” “On the State Bureau of Investigation,” “On the Asset Recovery and Management Agency,” the Criminal Code, and the Civil Procedure Code.
“A decision has been made in this case, and its full text will be published on the official website of the Constitutional Court of Ukraine in accordance with the requirements of the Law of Ukraine ‘On the Constitutional Court of Ukraine.’ The decision takes effect from the moment of its adoption,” the statement reads.
Article 366-1 of the Criminal Code provides for liability in the form of a fine or imprisonment for the submission of deliberately inaccurate information in asset declarations by persons authorized to perform the functions of the state or local government.