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Parliamentary Legal Department points out flaws in the new anti-corruption law

24.02.2011    source:
Yet nobody seems in any doubt that it will be passed, despite its obvious failure to meet GRECO standards, or even those reflected in the laws revoked in December

On Tuesday seven pages of comments from the Central Legal Department on the President’s draft law “On the basic elements on preventing and countering corruption” were posted on the Verkhovna Rada website.

The lawyers point out that two terms for officials in the draft law are not clearly separated as those taking part in corrupt dealings which could lead to difficulties with holding those responsible to answer. The comments also point out that the norms on the particular features around dismissing those who have committed corruption offences do not take into account the specific features of such categories as National Deputies and judges. The draft law also lacks clear criteria for the concepts of “bribes”, “unlawful enrichment” and “wrongful benefit”.

However, the general conclusion from the Central Legal Department is positive, saying that the draft law can be passed in its second reading on condition that the stated comments are taken into account.

The draft law was adopted in its first reading on 23 December 2010.

According to Oleksandr Ryabeka (BYuT) from the Verkhovna Rada Committee on Fighting Organized Crime and Corruption, the Committee is recommending the draft law for consideration by parliament but has only taken into account a part of the comments from the Central Legal Department. “It is possible there will be an attempt to drag out adoption of this document but it will be passed nonetheless since the President has defined it as a priority law”.

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