Legal news in Ukraine: new article of Criminal Code on punishment for illegal enrichment is in force, new laws have come into force, notaries can register marriages and divorces

The law on punishment for illegal enrichment entered into force

On November 28, 2019, the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Regarding the Confiscation of Illegal Assets of Persons Authorized to Perform the Functions of a State or Local Government, and Punishment for the Acquisition of Such Assets» came into force.

The law supplements the Criminal Code of Ukraine with Article 385-5, which stipulates that illegal enrichment is the acquisition by the person, authorized to perform the functions of the state or local self-government, assets whose value is more than 6 thousand 500 non-taxable minimum income exceeds its legal income.

This crime is punishable by imprisonment for a term of five to ten years, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.

Assets should be understood as cash (including cash, funds held in bank accounts or deposited with banks or other financial institutions), other property, property rights, intangible assets, including cryptocurrency, amount of decrease in financial obligations, as well as work or services provided to a person authorized to perform the functions of the state or local government.

In addition, the Civil Code of Ukraine introduced a separate basis for termination of ownership, defines the types of assets that may be deemed unfounded, and the limit on the value of such assets.

To recognize the assets unreasonable and recover them in favor of the state, four years of limitation shall apply.

It is also provided that the evidence obtained from the defendant in the lawsuit on the recognition of unjustified assets and their recovery in state revenue cannot be used to confirm the guilt of the suspect accused of criminal offenses.

Cases on recognition of assets as unjustified and their recovery in state revenue are considered by the High Anti-Corruption Court.

The law on operational-search units of border guards entered into force

On November 28, 2019, the Law of Ukraine «On Amendments to the Law of Ukraine «On Operational Investigation Activities» to Improve the Activities of the State Border Service of Ukraine» entered into force.

The law amended the paragraph of the sixth part of the first article 5 of the Law of Ukraine «On the operational-search activity».

Earlier, operational investigative units operated only as part of the Administration of the State Border Service of Ukraine and its regional departments. However, there are no such units in the bodies of the State Border Guard Service of Ukraine, which directly carry out tasks to protect the state border.

This significantly impairs the ability of border guards to adequately respond to the criminal situation in the border and counteract criminal offenses committed at the state border.

Therefore, the amendments provide for the creation of units in the border service to ensure their own security, ensure internal security, operational documentation units and operational-search units.

The falsification of pills will be punished harder In Ukraine

On November 28, 2019, the Law of Ukraine «On Amending the Criminal Code of Ukraine Regarding Responsibility for the Falsification of Medicines or the Sale of Counterfeit Medicines» entered into force.

The law provides for changes to Art. 321-1 of the Criminal Code of Ukraine regarding additional qualifying features and increasing responsibility for falsification of drugs or trafficking in falsified drugs.

Thus, the punishment for the manufacture, purchase, transportation, transfer, storage for the purpose of marketing or the sale of obviously falsified medicines grows from 3-5 years to 5-8 years with confiscation of property.

For the same actions, repeated or conspired by a group of persons, or an official, medical or pharmaceutical worker, or through large-scale dissemination (via the Internet) or in large amounts – 8 to 10 years’ imprisonment may be imposed. Earlier this was punished 5-8 years behind bars.

If criminal acts have caused death or other grave consequences, or are committed in particularly large proportions, then the law punishes them with life imprisonment with confiscation of property.

Notaries will be able to register marriages and divorces

The Ministry of Justice is working with the Verkhovna Rada of Ukraine to expand the list of functions performed by notaries, announced the Minister of Justice Denys Maliuska.

For example, notaries in the near future will receive the right to register marriages and divorces.

Maliuska added that in the field of notaries it is planned to introduce modern technologies: electronic notaries, electronic document management, and certification of web pages.

«The next line of work is the enforcement of court decisions. Today, one of the problems in this area is the presence of a large number of moratoriums. Currently, there are about 9 moratoriums where the contractor is forbidden to take any action to recover the debt. For example, it is a moratorium on the recovery of fixed assets from state-owned enterprises, a moratorium on the enforcement of decisions against the enterprises of the fuel and energy complex, a moratorium on the enforcement of decisions against the mines. The problem is that a debt-ridden company will never be able to get a fair and transparent counterparty, it will never be able to get the goods at a fair price. Moratoriums are a huge corruption risk, and reducing the number of such moratoriums is a key task for next year», the minister added.

In addition, it is proposed to change the ratio of public and private performers in favor of the former, which will save public funds on the one hand and ensure a transition to a full-fledged mixed enforcement system on the other.

The Ministry’s priority is also to implement the provisions of the Code of Ukraine from bankruptcy procedures, ensure the proper quality of legal aid, create an effective system of mediation, restorative justice, arbitration and arbitration courts, competitive state courts, increase the influence of private experts on the development of methods and decision-making in forensic science.