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The bill on criminal liability for the illegal enrichment proposed by President Petro Poroshenko is imperfect and impossible to execute. This was reported in the Anti-Corruption Center, reports the TSN.
Experts described the presidential initiative on illegal enrichment as worse than the norm introduced in 2011 in the times of Viktor Yanukovych. According to the anti-corruption, the unfortunate formulation will not allow to prove the fact of a crime in court.
"In order to hold the authorities accountable for the unjustified condition, the investigation will need to prove that such official has not received a bribe or has not abused the official power or position. In a few words, the prosecutor will be required to present separate evidence confirming the innocence of the officer of two crimes, and then we can talk about illegal enrichment, "the CPC believes.
Separate investigative actions to prove the innocence of a suspect are impossible due to the rules of the Criminal Procedure Code, anti-corruption officials note. Therefore, they call the project Poroshenko of absurd and "worsens the drafting of the crime of illegal enrichment introduced in the time of Yanukovych in 2011." In addition, according to experts at the center, repeated criminalization of illicit enrichment will also not allow 65 people to be brought to justice, for which there are now relevant cases in the National Anti-Corruption Bureau.
"These cases will, in any case, be closed and the evidence destroyed." The amnesty was also received by officials who were illegally enriched after the Revolution of Dignity.As criminal law, which tightens accountability, can not be retroactive in time, with newly acquired corruption remain unpunished, "according to the CPC.
Verkhovna Rada's presidential representative, Irina Lutsenko, notes that this is not the case, and the document itself is already registered in Parliament as urgent, and will be considered in an accelerated procedure.
"The President took into account the observations of the Constitutional Court that Article 62 of the Constitution speaks of the presumption of innocence, therefore, the investigating authorities should prove this.We know that NABU and the anti-corruption prosecution already have about 50 cases. corrupt for which evidence of their illegal enrichment or other corrupt acts have already been gathered – bring them to justice and consider these issues in the Anti-Corruption Tribunal, which will be time will be created, "- explained Lutsenko.
Earlier, Strana wrote that Poroshenko and Tymoshenko simultaneously introduced new illegal enrichment bills into the Rada.
We also understand why the Constitutional Court dismissed the responsibility for illegal enrichment.
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