HOT ANTICORRUPTION NEWS / Issue #126
November 29, 2019
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Today's issue:
- foreign partners submitted nominations to the judicial Commission on Integrity and Ethics;
- the law reinstating illicit enrichment comes into force;
- top NABU cases of this week;
- new AML draft law confirmed by the Parliamentary Committee for the second reading;
- lawyer of Heavenly Hundred families goes on a hunger strike demanding a proper Maydan investigation by SBI;
- who is notorious MP Dubinsky?;
- recommended reading
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Foreign partners submitted nominations to the judicial Commission on Integrity and Ethics
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On November 27, the USAID and the Embassy of the United Kingdom of Great Britain and Northern Ireland in Ukraine submitted to the High Council of Justice nominations of international experts to the Commission on Integrity and Ethics.
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The following persons were nominated to the Commission on Integrity and Ethics:
- Carlos Castresana;
- Giovanni Kessler;
- Robert Cordy.
The High Council of Justice should delegate another three members to the Commission on Integrity. We expect that the process of formation of Commission on Integrity and Ethics will be held without any delay and postponement. See more information here.
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The law reinstating illicit enrichment comes into force
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On November 27, the President signed the law #1031 reinstating the crime of illicit enrichment into the Criminal Code. Starting from this date, all the officials will be criminally liable for acquiring unjustified assets which exceed UAH 6,2 million (approx. $250,000). Unjustified assets valued up to UAH 6,2 million (~$250,000) will be subject to confiscation in the civil process.
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Top NABU cases of this week
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- On November 26, NABU detained 10 persons (officials and representatives of private companies) suspected in organizing the corruption schemes within Customs Service of Ukraine. The estimated amount of damage is UAH 77,7 mln (approx. $3,2 mln).
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On November 27, they detained the organizer of the scheme Vadym Alperin, who is also suspected of the attempt to give a bribe to NABU detective within another criminal proceeding.
- Also, on November 26, the SAPO sent the case against Natalia Korchak, former head of the National Agency on Corruption Prevention, to the High Anti-corruption Court. She is suspected of intentional failure to declare the car she was using in 2016. The trial will start in the upcoming months.
- On November 28, the Appellate Chamber of the High Anti-corruption Court started the review of the acquittal verdict of Volodymyr Syvak. The latter has been accused of embezzlement of UAH 500 mln (approx. $20 mln) of Zaporizhia Titanium and Magnesium Combine. Allegedly, the embezzlement was committed in favour of companies controlled by Dmytro Firtash. The acquittal was passed by the Zavodskyi court of Zaporizhzhya in May 2019.
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New AML draft law confirmed by the Parliamentary Committee for the second reading
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On November 28, the Parliamentary Committee on Finance, Tax and Customs considered the draft law #2179 introducing a new version of the anti-money laundering law.
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The Committee recommended the draft law for the second reading with substantial changes. However, the general ideas and the logic of the project initially suggested by the Cabinet of Ministers are preserved. The aim of the draft law is to implement the 4th EU AML Directive.
Also, the draft law introduces amendments to Article 209 of the Criminal Code, suggesting that money laundering should be prosecuted without obligatory preliminary prosecution for predicate offences. Furthermore, the draft law introduces several provisions aimed at initial validation of information on beneficial owners of companies and timely update of this information.
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Lawyer of Heavenly Hundred families goes on a hunger strike demanding a proper investigation by SBI
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On November, 21, Yevhenia Zakrevska, a lawyer for EuroMaidan protesters, entered a hunger strike against protraction and possible destruction of investigations of mass killings during the EuroMaidan Revolution. Earlier in November, EuroMaidan cases were transferred from the Prosecutor General’s Office to the State Bureau of Investigations, but the investigators and prosecutors working on them were suspended.
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Zakrevska fears that the SBI will destroy and bury the cases. She demands the prompt resolution of the issue by the Parliament.
The transfer is in line with the strategy of stripping the PGO of investigative functions. However, the proper transfer of investigators requires legislative changes. The Parliament failed to timely adopt the law prior to the deadline of November 20. So the investigation of cases is currently suspended. The lawyers fear that during this "limbo" some evidence will be lost.
On November 27, the Parliamentary Committee on Law Enforcement introduced the necessary amendment into the draft law #2116 (aimed at relaunching the work of SBI). MPs promise to pass the law in full on December 3.
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Who is notorious MP Dubinsky?
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Oleksandr Dubinsky is the newly-elected MP from Servant of the People Party. During a few months of work, he proved himself to be a scandal-seeker and spreader of conspiracy theories. In many instances, his position and voting contradicted the course of President's party. The underlying reason for this is his relation to oligarch Igor Kolomoisky. The key facts about MP Dubinsky are presented in the infographics below.
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On 26 November, Oleg Sentsov received Sakharov prize in the European Parliament.
"We wish we would have your problems. Our problems are much more complex and severe. Our ancient corrupt system in the country, that has not been changed. We are also subject to military aggression. Each week, our military men and women are dying. It's a different level of problems. But given all your internal challenges, the EU is developing, I think it's a great institution and you're a good example to all of us because there is a country who is the greatest euro optimist today in the world. It's called Ukraine. For us, there is no other development path and no other way out. For us, this is a question of survival as a nation. So every time when any of you ponders as to how to be friendly with Mr. Putin over our heads. Please remember thousands of those who have fallen in the Ukraine. Please remember hundreds of our young men who are still languishing behind bars that might be subject to torture. Right now, as I speak, please remember those Tartars who could be arrested right now at this moment. Their houses may be searched. Families, children may lose fathers, brothers." See his full acceptance speech here.
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