The High Anti-Corruption Court (HACC) has closed the first case investigating inaccurate assets declaration by a government official.
The accused in this case was the former chairman of Zaporizhia Regional State Administration, the HACC press service said on Telegram on November 3.
"The case was closed due to the fact that a few days earlier, on October 27, the Constitutional Court of Ukraine declared Article 366-1 of the Criminal Code of Ukraine (CCU) unconstitutional," it said.
The court recalled that at the time when the CCU passed this decision, there were 17 criminal proceedings being investigated under Article 366-1 of the Criminal Code of Ukraine.
CCU's notorious decision
- On October 27, the Constitutional Court made a decision on a motion filed by 47 Members of Parliament, having repealed Article 366-1 of the Criminal Code, which provided for criminal liability for inaccurate declaration by government officials of their income.
- The Constitutional Court also recognized the provisions of laws on the audit of officials' e-declarations as unconstitutional and stripped the National Agency on Corruption Prevention (NACP) of powers to check declarations and identify conflicts of interest.
- President Volodymyr Zelensky tabled bill No. 4288 in parliament to terminate the powers of all CCU judges. The document states, in particular, that the decision of the Constitutional Court of October 27 is "null and void" (such that it does not create legal consequences) as such that was adopted by the CCU judges in conditions of a real conflict of interests." Zelensky proposes the termination of the powers of CCU judges from the date when the law becomes effective, suggesting that subjects authorized to appoint new judges should immediately begin the procedure for the competitive selection of the court's new members.