Head of NACP: Only article on false declaration threatens MSEK leaders, confiscation of assets is impossible
Employees of medical and social expert commissions (MSEK) can be prosecuted only for submitting false information in property and income declarations, since the current legislation does not apply to them the rules on the confiscation of unsubstantiated assets. This was announced by the head of the National Agency for the Prevention of Corruption (NACP) Viktor Pavluschyk during the telethon.
“According to the current legislation, representatives of MSEK can be prosecuted only for false declaration. There are two other elements – illicit enrichment and unjustified assets, as elements of financial control.
In order for these people to be prosecuted for illegal enrichment and unjustified assets, the Criminal Code and the Civil Procedure Code must be amended. We are already working on this, we have started preparing changes to the codes to implement the decision of the National Security Council.” Pavluschyk noted.
He also emphasized that until 2023, MSEK employees were not required to submit income and property declarations.
“As for the fortunes and assets of MSEK representatives, they became declarants only in 2023. That is, before they did not submit a declaration and were not checked by the NACP“, he added.
This year, NAZK began a full review of the first seven declarations of MSEK employees, three of which have already been completed.
According to Article 366-2 of the Criminal Code of Ukraine (CCU) “Declaration of unreliable information”, violators face a fine of 3,000 to 5,000 non-taxable minimum incomes of citizens, community service for a period of 150 to 240 hours, or restriction of freedom for up to two years. In the case of deprivation of liberty for the same term, it is also possible to be deprived of the right to hold certain positions or engage in relevant activities for a period of up to three years. Confiscation of property is not provided for in this article.
Article 368-5 of the Criminal Code “Illegal Enrichment” provides for a more severe punishment – deprivation of liberty for a term of five to ten years with a ban on holding certain positions or engaging in certain activities for up to three years.
At the same time, in the case of detection of unsubstantiated assets, the court has the right to confiscate them at the request of the Specialized Anti-Corruption Prosecutor’s Office (SAP) under the civil confiscation procedure, as explained by the NAKC.
