President Zelensky introduced a bill on confiscating illegitimate assets of officials and punishment of the purchase of such assets.
The bill provides for supplementing the Criminal Code with Article 368-5, according to which the illegal enrichment is punished by “imprisonment for a term from five to ten years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years”.
Zelensky proposes to punish civil servants for assets whose value exceeds the income for more than 12 thousand non-taxable minimum incomes (now – 204 thousand hryvnias).
The previous article, revoked by the Constitutional Court, provided for punishment for those who had a difference between incomes and wages of one thousand non-taxable minimum (17 thousand hryvnias).
Also, in the revised version, assets considered illegal, “the legitimacy of the basis of which is not confirmed by evidence”. According to the Constitutional Court, this contradicted the presumption of innocence. In a project that Zelensky introduced, there is no such phrase.
In addition, the president’s proposal differs from the previous one by providing for a single gravity of this crime. While earlier the punishment was different: up to 2 years for employees, from 2 to 5 for those in charge of a position, and from 5 to 10 – a particularly responsible post. In all cases, seizure of property was also envisaged.