The Committee on Fighting Organized Crime and Corruption does not uphold the Bill "On Amendments to several Legislative Acts of Ukraine regarding Strengthening of Criminal and Administrative Responsibility for Crimes and other Official Malfeasances"
20 September 2010, 15:20
The
bill (Reg. No.5428) introduces
amendments to the Code of Ukraine on Administrative Infringements (CUAI) and the Criminal Code of Ukraine
(CCU) that offer a new
version of clause 212-21 "Receipt of Improper Advantage" and 212-24 "Violation of the Restrictions of Entrepreneurship and Requirements for the Pluralism of
Offices"; clause 124-3 of CCU is supplemented with the notice that defines the
notion ‘public services´
and ‘individual practicing an activity connected with rendering of the public
services´; the bill alters part three of clause 235-5 "Bribery of an Individual rendering Public
Services", notice to clause 368 ‘Bribery´, clause 368-1 "Illegal Enrichment" of
CCU.
Furthermore, the bill amends clause 4 of the Law "On the Principles of Corruption Prevention and Counteraction" that regulates the restrictions aimed at the prevention and fighting the corruption.
In the course of the sitting it was declared that "not all the suggested restrictions correspond to the constitutional requirements for the status of certain individuals."
According to the Committee members, the suggested amendments to CUAI "restrict the circles of the subjects of corruption infringements, provided that it is not connected with appropriation of corporate opportunities." The People´s Deputies are convinced that "a great number of referential norms suggested in the Codes may complicate the qualification."
Pursuant to the Committee members, the amendments suggested by the bill are not comprehensive and aimed at the improvement of anti-bribery laws. The parliamentarians deem necessary to adopt a systemic approach to amending new anti-bribery laws and adopting a single bill to take into consideration all the propositions and amendments.