Rada renews punishment for fraudulent e-declarations

Ukraine’s parliament approved on Dec. 4 legislation to
renew criminal responsibility for filing fraudulent electronic declarations. It
is the first measure as part of a series of bills necessary to repair the
legislative base that was undermined by the scandalous Oct. 27 constitutional court ruling that
found existing punishment as excessive. The new legislation, which drew 289
votes in favor (compared to 226 needed), limited punishment to fines and arrest
(for no more than three years), but without imprisonment, as had been
previously. Punitive measures also include restrictions on business activity
and the ability to hold certain state positions.

The inability to produce a systemic solution to the
Oct. 27 constitutional court ruling poses a threat to Ukraine’s EU visa-free
regime, Foreign Minister Dmytro Kuleba said in an interview published on the
rbc.ua news site on Dec. 4. “In any case, I can assure you that Ukraine’s
president is absolutely intending to not allow such a scenario. And not for
satisfying the demands of the EU, but for the sake of Ukraine and its
development,” he said.

Zenon Zawada: Not only
has this first step to repair the damage caused by the Oct. 27 Constitutional
Court ruling been slow to emerge, but it might not satisfy European authorities
since its punitive measures have been watered down. Although the Constitutional
Court determined the original legislation’s punishment of imprisonment to be
excessive, other measures could have been pursued to maintain this form of
punishment, including amending the Constitution. And European authorities could
still demand this. Meanwhile, more legislation is needed to repair the
anti-corruption infrastructure, and yet it has been slow to emerge.