The decision of the Constitutional Court of Ukraine to deprive the National Bureau of the authority to invalidate illegal agreements in court protects the organizers of corruption schemes and actually legitimizes the embezzlement of funds of state enterprises during the procurement of goods, works and services at inflated prices. The Constitutional Court ruled on June 5, 2019, based on the lawsuit of the “Zaporozhye Ferroalloy Plant”.
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.
The National Anti-Corruption Bureau of Ukraine (NABU) believes that the decision of the Constitutional Court on declaring Article 368-2 of the Criminal Code unconstitutional, which provided liability for illegal enrichment, now gives officials opportunities for abuse and provides indulgence to criminal offenses committed by them. From now on, a millionth wealth obtained from sources which legality are not confirmed is not considered a criminal offense in Ukraine.