Photo: depositphotos.
Rada corrects legislative error
On 5 December, the Verkhovna Rada of Ukraine voted in favour of draft law No. 12243-1, which restores the provision on confiscation of property from those accused of corruption who enter into agreements with the investigation. This provision was mistakenly excluded from the legislation as a result of the adoption of Law No. 4074-IX on 20 November. This is reported by Time Ukraine Israel portal, citing Informator.
The mistake occurred during the voting for the law on depriving collaborators of state awards. As a result, Article 77 of the Criminal Code of Ukraine removed the provision on confiscation of property as an additional punishment for corrupt officials. This created a legislative gap that threatened to reduce the effectiveness of the fight against corruption.
MP Yaroslav Zheleznyak called the adoption of draft law No. 12243-1 a necessary step to restore justice and eliminate the deficiency in the legislation.
Compliance with international requirements
Returning confiscation of property to the law is important not only for the domestic legal system, but also for the fulfilment of Ukraine’s obligations to the European Union. The adoption of the relevant regulations was one of the conditions for Ukraine to receive €4 billion under the Ukraine Facility programme.
Earlier, an attempt to reintroduce confiscation of property through draft law No. 10242 failed in parliament. The draft law, which proposed toughening criminal liability for the illegal dissemination of data from registers, included a provision on confiscation, but was sent back for revision.
How the law on plea bargaining works
On 29 October, the Verkhovna Rada adopted draft law No. 12039, which allows those accused of corruption crimes to cooperate with the investigation. The mechanism of agreements provides for:
- disclosure of accomplices;
- compensation for damages caused to the state;
- payment of a fine;
- receiving a reduced sentence.
By court order, property may also be seized or confiscated.
Penalties for corrupt officials vary depending on the severity of the crime:
- UAH 340,000 – UAH 2 million for crimes of medium gravity;
- UAH 2 million – UAH 6 million for serious crimes;
- UAH 6 million – UAH 102 million for particularly serious crimes.
At the same time, the organisers of corruption schemes can enter into agreements with the investigation only if other organisers are exposed.
Fighting corruption in Ukraine: current statistics
According to Opendatabot, as of October 2024, 6877 verdicts for corruption offences have been handed down in Ukraine. However, only 1.5% of defendants received actual prison terms, while 97.5% of cases resulted in fines.
The reintroduction of asset forfeiture is an important step to increase accountability of corrupt officials, improve the effectiveness of anti-corruption reforms and strengthen public trust in justice.
