Ukraine restores liability for inaccurate declaration

According to an Ukrinform correspondent, 289 MPs voted for the bill, No.4460-d, “On Amending Certain Legislative Acts of Ukraine on Establishing Liability for Declaring Inaccurate Information and Failure to Submit a Declaration by a Person Authorized to Perform State or Local Self-Government Functions”.

The bill amends the note to Article 172-6 of the Code of Administrative Offenses of Ukraine "Violation of financial control requirements", which clarify the subjects of this offense, and also allows to impose administrative penalties under this article in the case when the information in the declaration of the person authorized to perform the functions of the state or local self-government will differ from the reliable ones in the amount of 100 to 500 living wages for able-bodied persons, and not 100 to 250 living wages for able-bodied persons as indicated in the current version.

The amendments proposed in the Code of Administrative Offenses, as a result, make it possible to raise the threshold of criminal liability for inaccurate declaration.

The draft law also excludes Article 366-1 (declaration of inaccurate information) from the Criminal Code of Ukraine, but supplements the Code with a new Article 366-2 (declaration of inaccurate information), which establishes criminal liability in case of the declared information differs from reliable information in the amount of 500 to 4,000 living wages for able-bodied persons in the form of a fine from 2,500 to 3,000 non-taxable minimum incomes of citizens or public works from 150 to 240 hours with deprivation of the right to hold certain positions or engage in certain activities for up to three years under the first part of this article.

If such information differs from reliable information in the amount of more than 4,000 living wages for able-bodied persons, liability is provided in the form of a fine from 3,000 to 5,000 non-taxable minimum incomes of citizens or public works from 150 to 240 hours, or restriction of freedom for a period up to two years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years.

As reported, on October 27, the Constitutional Court declared unconstitutional Article 366-1 of the Criminal Code of Ukraine that provides for punishment for inaccurate declaration of assets. In particular, the article establishes liability in the form of a fine or imprisonment for the submission by subjects of declaration of deliberately inaccurate information in the asset declarations of persons authorized to perform the functions of the state or local government.

In connection with the decision of the Constitutional Court, President Volodymyr Zelensky held a meeting of the National Security and Defense Council on October 29 to determine measures for the state's immediate response to new threats and challenges to national security and defense. The decision was made at the meeting to reopen public access to the unified state register of asset declarations, to ensure the holding of special verifications by the NACP.

On October 30, Zelensky tabled in the Verkhovna Rada his bill "On Renewal of Public Confidence in Constitutional Judiciary" (No. 4288), proposing to terminate the powers of the current composition of the Constitutional Court.

On November 2, Verkhovna Rada Chairman Dmytro Razumkov said the parliament planned to resume electronic declaration with a new law.