29 December 2007, 10:45
A relevant Bill ‘On Amendments to the Criminal Procedural Code of Ukraine (appertaining to White Collar Corruption and Crime Combatting Measures) was Registered in The Verkhovna Rada of Ukraine.
The Bill (Reg. No.1281) aims to de-monopolize prejudicial inquiries into White Collar Workplace crimes by the Prosecutor´s Offices in Ukraine, by conferring powers to the Investigatory Departments in all Law Enforcement Agencies for examination of such crimes.
Pursuant to Clause 112 of the Criminal Procedural Code of Ukraine, The Prosecutors´ Offices currently have an exclusive right to conduct prejudicial inquiries into cases of White Collar Workplace crimes (so called ‘official malfeasance´). This, in the opinion of the Author, People´s Deputy S. Oliynyk, ‘objectively creates a monopoly for this Department in combatting socially dangerous corruption within the State´.
The Bill envisages the transfer of the right and obligation to conduct prejudicial inquiries in cases of White Collar Workplace crime, as listed in Clauses 364, 365, 366, 367, 368, 369, 370 of The Criminal Code of Ukraine, from the subject-matter investigative jurisdiction of the Prosecutor´s Offices into alternative investigative jurisdiction of all Law-Enforcement Departments having investigative agencies.
The Bill also envisages prejudicial inquiries will be removed from the personal jurisdiction of the Prosecutor´s Offices in cases of all crimes committed by persons whose positions are included in Categories 1-3 of the State Officials List.