Since Article 368-2 of the Criminal Code of Ukraine (“Illegal enrichment”) was declared unconstitutional by a decision of the Constitutional Court, as of March 28, 2019, the Detectives of the National Anti-Corruption Bureau of Ukraine (the NABU) and the Prosecutors of the Specialized Anti-Corruption Prosecutor’s Office (the SAPO) were forced to close criminal proceedings under this article. It is about the complete closure of 27 criminal proceedings and 38 — in parts of Article 368-2 of the Criminal Code of Ukraine. The total amount of the funds, the origin of which was investigated by the NABU Detectives in these cases, amounted to more than 500 million UAH.
In particular, within the framework of already terminated proceedings, the NABU Detectives investigated the income and property of the Members of Parliament of Ukraine, prosecutors, judges, officials of central authorities, employees of the Security Service of Ukraine, the National police, the Ministry of Defense, etc. After the decision of the Constitutional Court, the property acquired by these officials by default is considered legal, regardless of its source.
It should be noted that it will be impossible to resume the investigation regarding the defendants of all 65 criminal proceedings, as well as suspects and defendants on the already established facts of illegal enrichment (if the relevant article is returned to the Criminal Code), because the law does not have retroactive effect.
More on the decision of the Constitutional Court regarding Article 368-2 of the Criminal Code of Ukraine: http://bit.ly/2CJOdzU