Politics 2021-10-15T04:51:02+03:00
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Venice Commission Recommends Rada Restore Criminal Liability For False Declaration And Powers Of NACP With Res

Venice Commission Recommends Rada Restore Criminal Liability For False Declaration And Powers Of NACP With Reservations After Decision Of Constitutional Court

Verkhovna Rada, corruption, Council of Europe, Venice Commission, Constitutional Court, NACP

The Venice Commission (European Commission for Democracy through Law) under the Council of Europe recommends the Verkhovna Rada restore criminal liability for false declaration and powers of the National Agency on Corruption Prevention (NACP) with reservations after the decision of the Constitutional Court.

This is stated in the conclusion of the Venice Commission, submitted at the request of President Volodymyr Zelenskyy, Ukrainian News Agency reports.

The Commission pointed to the shortcomings of the Constitutional Court’s decision.

"The Constitutional Court must respect its own procedures and make decisions that are generally consistent with judicial practice. More importantly, the Constitutional Court must make decisions within the framework of its legal powers and jurisdiction," the conclusion says.

According to the Venice Commission, the Constitutional Court's decision lacked clear argumentation and reliance on international law, but some judges could have a conflict of interests.

"This is annoying not only because of the immediate negative effect of this decision on the fight against corruption in Ukraine, but also because such decisions undermine public confidence in constitutional justice as a whole," the conclusion says.

At the same time, the commission stressed that the parliament and the executive branch should respect the role of the Constitutional Court and fulfill its decisions, "implementing in the light of the country's constitutional foundations and international standards, and preserving public interests, such as the fight against corruption, including in the judicial system."

“It is important to preserve the duty of officials (including judges of ordinary courts and Constitutional Court judges) to submit financial declarations, have an effective mechanism for verifying such declarations and provide in the law appropriate sanctions for these officials, including judges and prosecutors who knowingly filed false declarations or did not file them at all ," the conclusion says.

In particular, the Venice Commission recommends to restore Article 366-1 of the Criminal Code on criminal liability for the submission of knowingly false information or failure to submit a declaration, but with details.

The commission recommends that the powers of the NACP be restored to the full in relation to all officials, except for judges, and for judges - to provide additional guarantees for their protection from alleged abuse.

"In order to protect judges from potential abuse by the NACP, the law may provide for the supervision of the activities of the NACP against judges either in the form of a complaint mechanism or in the form of regular reports of the NACP to the appropriate judicial authority," the conclusion says.

The Commission believes that this role can be assigned to the High Qualification Commission of Judges, but only "if it consists of professional, honest and independent members."

The Venice Commission also promised to publish in the near future another separate conclusion on the reform of the Constitutional Court.

As Ukrainian News Agency earlier reported, the Venice Commission will approve at a meeting on December 11 two conclusions on the constitutional situation in Ukraine after the latest decisions of the Constitutional Court and on reforming the Constitutional Court.

In late November, Zelenskyy sent a letter to the chairman of the Venice Commission, Gianni Buquicchio, with a request to provide an assessment of the constitutional situation in Ukraine, caused by the decision of the Constitutional Court, and an opinion on the state of anti-corruption legislation after its adoption, through the expedited review procedure.

In particular, the head of state asks the Commission to give an opinion on the adoption of a decision by the judges of the Constitutional Court in the presence of a possible conflict of interest, on the court's compliance with the procedure for considering the case and making a decision, including regarding its validity and compliance with the boundaries of the constitutional submission.

In 2014, the Venice Commission recommended Ukraine to revise the law on lustration, taking into account the personal responsibility of persons falling under lustration, and in 2019 - the law on ensuring the functioning of the Ukrainian language as the state language in terms of equal treatment of the languages ​​of national minorities.

However, the parliament did not take into account the recommendations of the commission.


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