The Verkhovna Rada registered two bills proposing to legalize corruption proceeds and to release officials from liability for false Declaration.
About it reports the Center of counteraction of corruption.
Bills No. 8257 and 8258 filed people’s deputies from the bloc of Petro Poroshenko Andrew Sinkovich and Gennady Chekita.
Analyzing legislative initiatives, CTC came to the conclusion that their main idea – to introduce the so-called voluntary “zero” Declaration that will allow secret to submit a Declaration about the illegally obtained income or assets and be exempt from liability. This is offered in the first bill, the second – relevant changes to the Tax code definition of tax rates.
“Under the guise of the return to Ukraine of the removed assets, the deputies really want to legalize including the proceeds of corruption and to protect themselves from criminal liability”, – explains the lawyer, a member of the Board of the center Olena Shcherban.
According to her, although in one part of the project indicated that it does not apply to corrupt assets, but in fact, a detailed analysis of the text suggests that this primarily will take advantage of all the top officials, “who for years robbed the country.”
At CTC believe that in the case of the adoption of these laws the National anti-corruption Bureau will have to close all criminal proceedings concerning illicit enrichment of top officials who they are now.
The center gives an example: so, if the Chairman of Gosnautilus Lydia Gavrilova, who is suspected of illicit enrichment, declare thus an apartment and a car and pay tax on them – she can use that in court to get an acquittal. The same applies to the military Prosecutor of the ATO Konstantin Kulik, “which without the presence of the income was able to buy luxury properties and cars.”
It is reported that under the bill, everyone will be able to submit such a voluntary Declaration in the course of the year and then for 30 days to pay the tax is 2.5% of the project cost.
In this case, said the CPC, a special procedure is defined for the Declaration of money. Declarants will be able to transfer funds to accounts in Ukrainian banks and to pay 2.5% tax or transfer money from foreign banks in special accounts in the Ukraine and nothing to pay.
In addition, such for declarants offered to refund the full cost of the investment guarantee Fund, while the compensation of deposits of citizens is to limit the amount established on the day of the withdrawal of the Bank from the market.
“So for declarants want to guarantee that everything declared will be recognized as purchased without breaking the law, subject to the payment of tax. Separately it is expected to release applicants from the obligation to provide information about the sources of origin of money and property specified in the voluntary return”, – stated in the message.
At the same time, noted in the center, state agencies will have to keep the secret regarding the information specified in the Declaration. Specified in this secret Declaration of data, as it cannot be proof or a source to establish the circumstances of the Commission of any administrative or criminal offense.
Also, according to the fighters, the bill provides for the issuance of a state certificate of confidentiality, which States that the entity Declaration includes all the above warranty.
At CTC are reminded that under current law, all property acquired by the officer after April 2015 and confirmed official income, should be the subject of illicit enrichment, and the new bill will make it impossible, because it is proposed to exclude from the voluntary Declaration of those objects on which a judicial decision on the acquisition, creation or receipt as the result of a corruption offense.
“We need proof that the property was acquired with rollback or bribes or stolen the funds through abuse of position. If not fixed the fact of transfer of a bribe, for which it was acquired, say, a luxury mansion near Kiev, then this property will be considered legitimate”, – explained in the center.
The same thing, add in there for “false Declaration”, which is a crime. “All the officials will be able to submit another voluntary secret Declaration, which cannot be used as evidence, but can be successfully used, not to explain neither the NACP nor the NAB, the sources of their income,” – said the anti-corruption action Center.