The Committee on Anti-Corruption Policy recommends to adopt as a basis and in general the draft laws on restoration of the NAPC's powers
10 December 2020, 17:30
The Committee considered the draft law No. 4470 “On Amendments to the Law of Ukraine ‘On Prevention of Corruption’ to Restore the Institutional Mechanism for Prevention of Corruption” and the draft law No. 4471 draft law “On Amendments to the Code of Ukraine on Administrative Offenses to establish the peculiarities of drawing up a protocol on administrative offenses provided for in Articles 172-4-172-9 and 188-46, 212-15 in respect of a judge, a judge of the Constitutional Court of Ukraine.”
The draft laws developed by an inter-factional working group set up on behalf of the Speaker of the Verkhovna Rada to formulate a compromise proposal on Amendments to the Law of Ukraine ‘On Prevention of Corruption’ to restore the NAPC's powers and provide for certain declaration features for judges.
Draft Law No. 4470 stipulates that all declarations are reviewed by the NAPC, while a complaint mechanism is in place for a judge if he or she feels pressured to review a declaration. The Chairperson of the Committee stressed that such a position is consistent with the decision of the Venice Commission. The Venice Commission noted that people's deputies could return the norms declared unconstitutional in the wording in which they were, if the Constitutional Court did not say anything on the merits of the unconstitutionality of the norm.
The Committee recommends to adopt the draft law No. 4470 as a basis and in general.
Turning to the consideration of the second bill, the Chairperson of the Committee Anastasia Radina stressed that both bills contain a single system of interaction between the NAPC and the judges of the Constitutional Court. The Draft Law No. 4471 amends the Code of Ukraine on Administrative Offenses, derived from the features of the verification of declarations of judges, which are proposed in the Draft Law No. 4470.
According to the bill, it is proposed to add an article to the Code with the peculiarities of handing over protocols on administrative offenses to judges. It is assumed that the main method of delivery of such protocols is by post. At the same time, a judge, a judge of the Constitutional Court is given the opportunity to provide an explanation on the merits of the protocol or to do so in the presence of an inspector of the High Council of Justice (for a judge) or the Chairperson of the Constitutional Court (for a judge of this court).
The Committee recommends to adopt the draft law No. 4471 as a basis and in general.