The lawyer of Kherson office of the Legal Development Network, IRC "Legal Space" Serhii Plakhotniuk explains who exactly needs to fill e-Declaration in connection with the new changes in the Law and how to interpret the Law.
Changes to the Law of Ukraine “On prevention of corruption”, which came into force on 30 March 2017, has caused considerable outcry and public discussion. The act is extended to individuals who lead anti-corruption activities. However, it is quite difficult to interpret developments in the law, without explanation of the lawyer.
According to the lawyer, some changes in the Law of Ukraine “On prevention of corruption” have such a legal construction that allows for their broad interpretation. It is difficult to accurately determine the specific range of persons who as a result of changes are subject to the anti-corruption law.
“Representatives of Ukrainian NGOs, in particular those leading the fight against corruption, experts, public figures have expressed their concern in connection with acceptance of those changes. They were supported by the representatives of the democratic states and international organizations. Their emotion here is quite justified, because the action of the anti-corruption law was extended to persons who, as a rule, in developed, democratic countries are not subject to the relevant anti-corruption laws. There are a lot of questions, the answers to which neither the MPs who voted for the changes to anti-corruption laws, nor the representatives of the National Agency for prevention of corruption, who will have this law to work, are unable to provide".
The international anti-corruption legislation, in particular the Convention of United Nations against corruption dd 31 October 2003 determined only individuals whom the state has given (delegated) state power, representative authority, and (or) have access to distribution, the use of public (budget) funds as the subjects of corruption offences (crimes). This is quite correct, logical and appropriate.
As a result of these changes, the Law implies individuals who do not have such authority and capacity, and therefore do not represent any corruption danger to the state or social relations. What happened is completely contrary to the logic of such events as the fight against corruption.
It is worth noting that in the Law of Ukraine “On corruption prevention” the term “corruption” is defined as use for the wrong purposes official powers or associated possibilities. However, MPs who voted for these changes, did not probably consider it.
"Broad, liberal interpretation of the change creates risks for all who in one or another way is engaged in anti-corruption activity".
Read more here.
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