The Constitutional Court of Ukraine has affirmed that the declaration of income of persons exercising public power is an indisputable requirement in any modern democratic state
According to the Constitutional Court of Ukraine, anti-corruption reform in Ukraine has become an indisputable demand of society. However, both anti-corruption and judicial reforms must be implemented without violation of the principle of independence of the judiciary and in accordance with the principle of constitutionality.
Having examined the corpus delicti provided for in Article 366-1 of the Criminal Code of Ukraine, the Constitutional Court of Ukraine concluded that the application of legal constructions lacking a clear list of laws makes it impossible to unambiguously define the circle of subjects of crime, and reference norms make it impossible to establish the circle of their addressees. As a result, persons who cannot be participants in the legal relationship related to declaration, and therefore have knowingly failed to fulfil such obligation, may be held liable for intentional failure to submit a declaration. This is inconsistent with the concept of the law-based state and the principle of the rule of law enshrined in Article 8.1 of the Basic Law of Ukraine, in particular its elements, such as legal certainty and predictability of the law.
It is seen from the above positions of the Constitutional Court of Ukraine, that the legislator should introduce such anti-corruption legislative regulation which will ensure compliance with the principle of the rule of law, the essential elements of which are: legal certainty, predictability, proportionality and adequacy.
