Constitutional court strikes anti-corruption system in Ukraine

Abstract

The publication is dedicated to the Constitutional Court of Ukraine’s decision, which paralyzed the National Agency’s critical activities for preventing corruption and declared unconstitutional criminal liability for knowingly false declarations. The decision caused a considerable resonance, as the declared reasons for its adoption were insufficient to admit that the crucial provisions of the Law ‘On Prevention of Corruption’ regarding electronic asset declaration, financial control, and lifestyle monitoring are entirely unconstitutional. The decision’s circumstances indicate that the judges ignored the apparent conflict of interest and made an unjustified departure from the previous case-law. Simultaneously, the reaction of crucial state bodies to this decision may cause a constitutional crisis rather than rectify the situation. As a way out, it is proposed to amend the legislation in a constitutional manner that would unblock the agency’s activities and, at the same time, lead to greater accountability of the judiciary and the Constitutional Court.