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HOT ANTICORRUPTION NEWS / Issue #93
March 8, 2019
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Today's issue:

- Constitutional Court ruling on illicit enrichment: possible solutions and reaction of international partners;
- winners of the competition to the Anti-Corruption Court announced;
- remarks by U.S. Ambassador Yovanovitch regarding Ukrainian reforms;
- 5 years of EU sanctions against Ukrainian kleptocrats: tango that needs two;
- attacks against activists;
- recommended reading
 
Constitutional Court ruling on decriminalization of illicit enrichment
The AntAC lawyers analysed consequences of the ruling which decriminalized illicit enrichment. We consider three options as possible solutions to the problem, however, all of them have pros and cons.

These are: 
- civil forfeiture, 
- criminalization of illicit enrichment via:

  -- requesting additional explanations from the Constitutional Court;  
  -- adoption of the new law in the Parliament. 

Please, see more details in our brief. 
See also: 
 
Statement by Transparency International "Constitutional Court ruling undermines anticorruption achievements in Ukraine"

"Ukraine’s illicit enrichment law was constitutional" op-ed by Dmytro Kotliar for Kyivpost
 

Winners of the competition to the
Anti-Corruption Court announced

On March 6, the High Qualification Commission of Judges announced 39 finalists to the High Anti-Corruption Court (HACC). 
These are 22 judges, 13 attorneys and 4 scientists. 

27 of them will work as judges at the High Anti-Corruption Court, 12 as judges at the Appeal Chamber.

It is expected that the President will appoint anti-corruption judges by the end of March 2019. The court will start its work before the beginning of June 2019.

In order to ensure the independence of the High Anti-Corruption Court, it is also necessary to choose the decent head of the apparatus and employees of the court apparatus. More details. 
Remarks by U.S. Ambassador Yovanovitch regarding Ukrainian reforms

On March 5, Ambassador Yovanovitch gave a speech on the occasion of 5th anniversary of the UCMC. Among a lot of important issues, she commented on the anticorruption and judicial reforms. 

The Ambassador stressed that the Constitutional Court’s decision is a serious setback in the fight against corruption in Ukraine. It weakens Ukraine’s anti-corruption architecture, including the soon-to-be-established High Anti-Corruption Court and the NABU.

Also, she highlighted that "To ensure the integrity of anticorruption institutions, the Special Anticorruption Prosecutor [Nazar Kholodnytsky] must be replaced. Nobody who has been recorded coaching suspects on how to avoid corruption charges can be trusted to prosecute those very same cases."  Full text of Ambassador's remarks. 
5 years of EU sanctions against Ukrainian kleptocrats: tango that needs two

On March 4, 2019, the EU Council extended the asset-freezing sanctions against ex-Ukrainian President Viktor Yanukovych and his associates for another year until March 6, 2020. However, only 12 persons remain under sanctions out of the initial list of 22 persons of March 2014.

The main reason for the gradual lifting of sanctions from certain Ukrainian ex-officials was lack of investigations of misappropriation of funds by Ukrainian Prosecutor General’s Office and poor cooperation between Ukrainian and EU authorities. This raises the questions whether the EU sanctioning mechanism is a sustainable measure for guaranteeing prosecution of kleptocrats and what should be done to make the sanctions effective in the long run. Full text
Attacks against activists
The U.S. State Department honoured the memory of Kateryna Handziuk at an International Women of Courage ceremony. Katya set a powerful example by standing up against corruption and working to improve the lives of children displaced by war.
In the meantime, the term for the preventive measure for one of the instigators of Katya's death  Vladyslav Manger expired on March 3. The new measure was not chosen. Manger would also receive the passport, his electronic bracelet would be removed.

On March 6 the court suspended Manger from his office of the head of Kherson regional council.

On February 28, the Verkhovna Rada considered and voted to confirm an interim report by the Temporary Investigative Commission. The Commission is tasked with parliamentary investigations into attacks against civil society activists. The MPs also assessed how ongoing criminal investigations are progressing.

The mandate of the Commission was extended for three more months.

A number of Commission's findings regard the cases from the so-called ‘Handziuk's List of 55 Attacks‘. More details. 
"Schemy" program reported that their journalists were beaten while they were working on an editorial task. They investigated the allocation of state land plots to private persons in Kyiv oblast. Journalists say that among those who attacked them were two deputy mayors of Chabany village. After the incident, doctors diagnosed videographer's concussion. More details. 
Recommended reading
 
Copyright © *2019* Anti-corruption Action Centre*, All rights reserved.

Should you have any questions or comments please contact Olena Halushka at: ohalushka@antac.org.ua

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