illegal enrichment

The Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) have completed the pre-trial investigation as of the facts of submitting false data to e-declarations of 2015 and 2016 by Odesa City Mayor. His actions are qualified under Article 366-1 of the Criminal Code of Ukraine. On May 3, 2019, suspect and defence had been granted with access to the materials of the investigation. Then the indictment will be drawn up and sent to court.

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.

On February 25, 2019, the Deputy of the Kyiv City Council (who is also known as the ex-secretary of the Land Commission) was given a notice of suspicion of misappropriation of six land plots and 19.5 million UAH illegal enrichment. Actions of the official are qualified under Part 5 Article 191, Part 3 and Part 4 Article 358, and Part 1 Article 368-2 of the Criminal Code of Ukraine. Also, his accomplice was given a notice of suspicion of committing a crime under Part 5 Article 27, Part 5 Article 191 of the Criminal Code of Ukraine.

The Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the Specialized Anti-Corruption Prosecutor's Office (SAPO) completed the pre-trial investigation as of the facts of illegal enrichment and failure to declare income by the Minister of Infrastructure of Ukraine. On November 6, 2018, the defense had been granted with access to the documents of the pre-trial investigation.

In response to requests of the mass media, we explain the position of the National Anti-Corruption Bureau of Ukraine (NABU) on issue regarding preparing a notice of suspicion of the allegedly illegal enrichment to the First Deputy Head – Chief of the Main Department on Fight against Corruption and Organized Crime of the Security Service of Ukraine (SSU).

On September 13, 2018, the Detectives of the National Anti-Corruption Bureau of Ukraine under the procedural guidance of the Specialized Anti-Corruption Prosecutor's Office (SAPO) gave notice of suspicion to the Minister of Infrastructure of Ukraine of committing crimes under Part 3 Article 368-2 and Article 366-1 of the Criminal Code of Ukraine.

On August 28-29, 2017, with the support of the European Union's Anti-Corruption Initiative in Ukraine (EUACI) program the representatives of the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialized Anti-Corruption Prosecutor's Office (SAPO) were studying the experience of Lithuanian law enforcement agencies in investigating corruption crimes as of the facts of illegal enrichment. The Ukrainian delegation met with the Minister of Foreign Affairs of Lithuania Linas Linkevičius, who emphasized on importance of anti-corruption reform for the future of Ukraine.

On July 19, 2017, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) under the procedural guidance of the Specialized Anti-Corruption Prosecutor’s Office (SAPO) gave a notice of suspicion to the ex-head of one of the City Courts of Lugansk Region for allegedly committing crimes under Article 366-1 («Submission of false data to e-declaration») and Part 2 Article 368-2 («Illegal enrichment») of the Criminal Code of Ukraine.

On May 26, 2017, on the basis of decision of investigating judge, the Detectives of the National Anti-Corruption Bureau of Ukraine (NABU) conducted searches in the house of the Chairman of the Kyiv District Administrative Court (KDAC) and in the court itself.