Draft bill #9658 of August 30, 2023

Cosponsors: a group of 7 MPs with Dmytro Razumkov as the first signatory

Status: submitted to the Verkhovna Rada

Who is affected: persons suspected or accused of committing corruption offenses, the NABU, and courts.

Summary of the bill:

· a new article will be added to the Criminal Code that will introduce liability for committing a corruption offense while martial law is in effect

· the penalty of imprisonment for fifteen years or life imprisonment with confiscation of property will be introduced for the following criminal offenses while martial law is in effect:

– misappropriation, embezzlement, and acquisition of property by an official using their official powers

– misappropriation of public funds by an official, authorization of loans from the government budget not in line with budget plans or exceeding them, committed by a person holding a responsible and especially responsible position

– abuse of power or official status for personal gain

– acceptance of an offer, promise, or receipt of an illegal benefit, as well as a request to provide such a benefit

– acquisition by a person, who holds a responsible and especially responsible position, of assets the value of which significantly exceeds this person’s income

– acceptance of an offer, promise, or receipt of an unfair benefit for oneself or a third party to influence the decision of a person who holds a responsible or particularly responsible position, or a proposal or promise to exert such influence

· cases under this new article will be investigated by NABU detectives and considered by the High Anti-Corruption Court.

What is wrong:

· changes proposed by the bill duplicate the current provisions of the Criminal Code and only increase liability for criminal offenses committed while martial law is in effect

· the bill equates punishment for all criminal offenses, which does not ensure fair punishment that should be proportional to the gravity of the criminal offense

· the bill is populist and distorts the concepts of of justice, criminal punishment, and public order.

Alternative solution:

· instead of adding new articles to the Criminal Code, it is preferable to treat corruption criminal offenses committed while martial law is in effect as an aggravating circumstance in the existing articles defining criminal offenses.

Background information: the President promised to introduce a bill equating corruption criminal offenses to high treason.