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The law depriving anti-corruption bodies of the right to confiscate property from corrupt officials has entered into force

Photo: Voice Ukraine.

On 21 November, a new law came into force that significantly changes the approach to fighting corruption in Ukraine. According to the new rules, anti-corruption authorities will no longer have the right to confiscate property from persons accused of corruption offences who have decided to cooperate with the investigation as part of a plea deal. This became possible due to legislative changes voted by the Verkhovna Rada. This is reported by Time Ukraine Israel portal, citing Elitexpert.

This was stated by Anastasia Radina, Chair of the Verkhovna Rada Committee on Preventing and Combating Corruption, member of the Servant of the People party. She noted that the amendments relate to draft law No. 4074-IX, which provides for the deprivation of state awards to collaborators, and amends European integration law No. 4033-IX of 29 October this year, which regulates plea bargains for those accused of corruption.

How is the legislation changing?

Under the new amendments, the provision that provided for confiscation of property for persons accused of corruption offences who decide to cooperate with the investigation has been removed. The defendants can now enter into agreements with the investigation, which allows them to avoid additional sanctions, including confiscation of property, provided that they disclose information about their accomplices and compensate the state for the damage caused.

Law No. 4033-IX, adopted earlier, allows for reduced sentences for those who cooperate with the investigation, expose accomplices or compensate for losses caused by corrupt activities. This was an important step for Ukraine on its way to European integration, as this law was one of the requirements under the Ukraine Facility macro-financial assistance programme.

Why is this important for Ukraine?

This step is part of a broader reform process aimed at improving the judicial and anti-corruption systems in Ukraine. On the one hand, these changes allow for a reduction in the severity of punishment for corrupt officials who are willing to cooperate with the investigation. On the other hand, it also makes it possible to focus resources on more serious cases and ensure effective return of funds to the budget. Lawmakers are convinced that this step will become one of the elements of the fight against corruption, which will have a positive impact on the country’s image in the international context.

Reaction of the public and experts

The changes in the legislation have elicited different reactions from the public. Some experts believe that the absence of confiscation of property may contribute to a higher level of corruption in Ukraine, as potential criminals may be encouraged to make deals without fear of losing their property. At the same time, others believe that this step reduces the level of corruption risks and facilitates faster investigation of crimes.

This law is part of Ukraine’s efforts towards European integration, as the importance of effective anti-corruption measures is recognised by international partners as one of the main conditions for continued support. Time will tell how this will affect the fight against corruption in the long term.

Necessary changes and their consequences

The amendments to the legislation, which abolish the right to confiscate property in case of a plea bargain, are an important milestone in Ukraine’s anti-corruption reforms. They underscore the country’s commitment to integrating into the European legal framework and improving the judicial system. However, it will take time to assess the effectiveness of these changes, as well as a thorough analysis of the implications they may have for the fight against corruption in Ukraine.

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