It is impossible to confiscate the property of the MSEC leaders; they only face the charge of inaccurate declaration. The only punishment for them is related to providing false information in property and income declarations, as the laws regarding the confiscation of unjustified assets do not apply to them.
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SubscribeThis information became known thanks to the statement by the head of the National Agency for the Prevention of Corruption (NAPC), Viktor Pavlushchik, during a telethon.
"According to current legislation, representatives of the MSEC can only be held accountable for inaccurate declaration. There are also two other elements - illegal enrichment and unjustified assets, which are part of financial control.
To hold these individuals accountable for illegal enrichment and unjustified assets, changes need to be made to the Criminal Code and the Civil Procedure Code. We are already working on this, we have started preparing amendments to the codes in accordance with the decision of the NSDC," Pavlushchik explained.
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He noted that until 2023, MSEC employees did not submit declarations of property and income at all.
"As for the assets and property of MSEC representatives, they only became declarants in 2023. This means they did not submit declarations earlier and were not checked by the NAPC," Pavlushchik said.
He clarified that this year the NAPC began conducting full checks of the first 7 declarations from MSEC employees, three of which have already been completed.
Article 366-2 of the Criminal Code "Declaration of false information" provides for a penalty in the form of a fine ranging from 3,000 to 5,000 non-taxable minimum incomes of citizens, or community service for a period of 150 to 240 hours, or imprisonment for up to two years, or deprivation of liberty for the same period, along with a ban on holding certain positions or engaging in specific activities for up to three years.
At the same time, confiscation of property is not provided for under this article.
On the other hand, Article 368-5 of the Criminal Code "Illegal enrichment" prescribes a harsher penalty - imprisonment for a period of five to ten years with deprivation of the right to hold certain positions or engage in specific activities for up to three years.
Conversely, the court may confiscate and recover unjustified assets of the declarant into the state budget through the legal mechanism of civil confiscation upon the prosecutor's claim from the SAP, as explained by the NAPC.