The Verkhovna Rada of Ukraine has adopted controversial amendments to the Criminal Code that effectively exempt corrupt officials who have made a deal with investigators from confiscation of their property. This has sparked a flurry of criticism from public figures, anti-corruption activists, and experts.
What has changed?
Part 2 of Article 77 of the Criminal Code of Ukraine, which allowed for the confiscation of property for corruption crimes even in the event of exemption from punishment under the terms of a plea agreement with the investigation, has been removed. That is, now corrupt officials can avoid not only prison, but also the loss of illegally acquired assets.
The bill signed by the President provides for amendments not only to the Criminal Code, but also to other legislative acts, including the deprivation of state awards for propaganda of the aggressor state or other anti-Ukrainian actions. However, it is this clause regarding confiscation that has become the most controversial.
The head of the Anti-Corruption Center, Vitaliy Shabunin, said that the adopted changes are a “betrayal” and protection of the interests of corrupt officials. He expressed doubt that the President is the real author of the bill, and noted that his former partner, MP Anastasia Radina, lobbied for these changes.
Who is behind the law?
Anastasia Radina, former head of advocacy programs at the Anti-Corruption Center, was among those who voted for the bill. Her past as an active anti-corruption activist is ironic in the context of the current vote. Radina, who previously worked on the creation of the High Anti-Corruption Court, is now the subject of accusations of aiding corrupt officials.
Why is this important?
Experts see these changes as an attempt to protect the illegally acquired assets of corrupt officials from being seized for the benefit of the state. This could undermine the trust in Ukraine from international partners who have supported the fight against corruption and demanded tougher measures against criminals.
Shabunin even called it “abandonment of the Europeans,” because such changes contradict the declared fight against corruption, which was supported by donors and Ukraine's Western partners.
