In Ukraine, responsibility for inaccurate information in declarations has been restored. What is worth knowing?
The Verkhovna Rada adopted Law №4460-d “On Amendments to Certain Legislative Acts of Ukraine Concerning the Establishment of Liability for Declaring Inaccurate Information and Failure of a Declarant to Declare a Declaration of a Person Authorized to Perform State or Local Self-Government Functions”.
It is noted that the Law amends the Note to Article 1726 of the Code of Ukraine on Administrative Offenses (hereinafter – KUpAP), which clarifies the subjects of this offense (given the provisions of Articles 3 and 45 of the Law of Ukraine “On Prevention of Corruption”), and also allows administrative penalties under this article in the event that the information in the declaration of the person authorized to perform the functions of state or local government differs from the reliable in the amount of “from 100 to 500 subsistence minimums for able-bodied persons” and not “from 100 to 250 subsistence minimums for able-bodied persons” able-bodied persons “as stated in the current version.
The changes proposed to the Code of Administrative Offenses, as a consequence, allow to raise the threshold of criminal liability for declaring inaccurate information.
By law, in connection with the recognition of Article 50 of the Code of Administrative Offenses as unconstitutional (is unconstitutional), technical changes are made to paragraph 1 of the first part of Article 255 of the Code of Administrative Offenses (in part of the reference to the note to Article 50 of the Code of Administrative Offenses).
The law excludes Article 3661 from the Criminal Code of Ukraine, instead supplementing the code with a new article 3662 “Declaration of inaccurate information”, which establishes criminal liability:
– if such information differs from the reliable in the amount of 500 to 4000 subsistence minimums for able-bodied persons in the form of a fine of two thousand five hundred to three thousand non-taxable minimum incomes of citizens or public works from 150 to 240 hours, with deprivation of the right to hug certain positions or engage in certain activities for up to three years under part one of this article; and
– if such information differs from the reliable amount of more than 4,000 subsistence minimums for able-bodied persons in the form of a fine of three thousand to five thousand non-taxable minimum incomes of citizens or public works from 150 to 240 hours, or restriction of liberty for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years under part two of this article.
The law also supplemented the Criminal Code with Article 3663, which establishes criminal liability for intentional failure of a subject to declare a declaration of a person authorized to perform state or local government functions in the form of a fine of two thousand five hundred to three thousand non-taxable minimum incomes. from 150 to 240 hours, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
The law introduced the necessary amendments to the Criminal Procedure Code of Ukraine, in particular to:
– part one of Article 331, which determines the substantive jurisdiction of cases to the High Anti-Corruption Court, namely – criminal proceedings under Articles 3662 and 3663 of the Criminal Code of Ukraine, subject to the High Anti-Corruption Court;
– the first paragraph of the fifth part of Article 216, which states that the pre-trial investigation of criminal offenses under Articles 3662 and 3663 of the Criminal Code is carried out by detectives of the National Anti-Corruption Bureau of Ukraine.
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