MPs challenge illegal enrichment clause in Constitutional Court

Among the signatories are Maksym Polyakov and Yevhen Deydey, indicted of illegal enrichment.

MPs challenge illegal enrichment clause in Constitutional Court
Photo: Photo: EPA/UPG

Fifty nine Ukrainian people's deputies asked the Constitutional Court to recognize the article of the Criminal Code setting criminal liability for illegal enrichment as unconstitutional.

MP Pavlo Pynzenyk (People's Front) will represent the group of initiators.

People's Front MPs Maksym Polyakov and Yevhen Deydey, who are probed on illegal enrichment and receiving undue benefits charges are among the initiators the complaint.

The initiators ask the Constitutional Court promptly (within a month) to consider the complaint and recognize Art. 368-2 of the Criminal Code (illegal enrichment) unconstitutional.

Deputies believe that:

this article violates nine provisions of the Constitution, including Art.1, according to which Ukraine is a legal state; and Art. 58, according to which the normative legal acts do not have a reverse effect;

violates Art. 62 of the Constitution, which prohibits the justification of a charge on assumptions, and releases a person from the obligation to prove his or her innocence;

that the Constitution allows officials not to testify against their family members for the indictment for illegal enrichment;

that the article violates the constitutional principle of the adversary nature of the judicial process as imposes on the defendant the obligation to prove the legal origin of their property;

The Article 368-2 of the Criminal Code of Ukraine provides for criminal liability for illegal enrichment. It has been incorporated into the Criminal Code in 2011.