Parliamentarians supported draft law No. 11340 in the first reading. According to the Anti-Corruption Center, he will allow corrupt officials to legally buy themselves out of prison.
“NABU is against. SAP – against. Committee on anti-corruption policy – against. And Zelenskyi’s deputies and their satellites are in favor.
It is significant that Speaker Stefanchuk proposed to vote for the draft law without discussion at all. And really, why do people need to know how the corrupt will pay for the loot.” – they say in the CEC
According to the CPC, the Law Enforcement Committee of the Council headed by the representative of “Servant of the People” Serhii Ionushas “suddenly and behind the scenes” considered this draft law yesterday, July 17.
Also in the legal analysis of the bill by Transparency International it is said about:
- the draft law solves certain problems related to the conclusion of agreements for corruption and corruption-related criminal offenses
- the draft law creates opportunities for abuse regarding the conclusion of such agreements, separate criteria for their approval are essentially subjective
- in the event of the implementation of the model proposed by the Cabinet of Ministers, special attention should be paid to the search and confiscation of assets obtained through criminal means
The government registered draft law No. 11340 on June 14, 2024.
Key changes proposed by the Cabinet:
- to provide an opportunity for the parties to the agreement to agree on a penalty in the form of a fine even when it is not provided for in the sanction of the article. At the same time, the amounts of such fines are quite large — from UAH 20.4 million for committing a serious crime;
- provide an opportunity for the parties to the agreement to agree to a prison sentence lower than the lowest limit, subject to disclosure of the other person or compensation for damages. In this case, the person cannot take advantage of the exemption from serving the sentence, but must actually serve it;
- to clearly determine that exemption from serving a sentence in connection with probation is possible in the event of an agreement. At the same time, it is proposed to increase the probationary period to 6 years, as well as the term of imprisonment, which allows exemption from it, to 8 years (previously it was 5 years);
- enable confiscation of property if a person is released from serving the main sentence due to probation;
- provide for the possibility of concluding an agreement in particularly serious crimes under the jurisdiction of NABU, subject to full or partial compensation for damages;
- introduce the approval of the head of the prosecutor’s office to enter into a plea agreement;
- provide an opportunity to change the agreement before the court removes it to the deliberation room, as well as submit it to the court once again, if the grounds on the basis of which the court refused to approve such an agreement have been eliminated.
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