13:32 04.12.2020

Ukraine restores criminal liability for inaccurate declaration

2 min read
Ukraine restores criminal liability for inaccurate declaration

The Verkhovna Rada has reinstated criminal liability for declaring incomplete data and failure to submit a declaration, in particular, introducing a restriction of freedom for up to two years, if the declared information differs from the reliable one in the amount of more than 4,000 living wages for able-bodied persons.

The corresponding bill, No. 4460-d, was supported as a basis by 287 and 289 MPs in general at a plenary session on Friday.

The said bill proposes to amend Article 1726 of the Code of Administrative Offenses of Ukraine (CAO), which clarify the subjects of this offense.

Also, these changes allow to impose administrative penalties under this article in the event that the information in the declaration of the person authorized to perform the functions of the state or local government will differ from the reliable ones in the amount of 100 to 500 living wages for able-bodied persons, and not from 100 to 250 living wages for able-bodied persons, as indicated in the current version.

The amendments proposed in the Code of Administrative Offenses, as a result, make it possible to raise the threshold of criminal liability for declaring false information.

The authors of the draft law propose to exclude Article 366-1 (declaration of inaccurate information) from the Criminal Code of Ukraine, but to supplement the Code with a new Article 366-2 (declaration of inaccurate information).

This article establishes criminal liability in the event that the declared information differs from reliable information in the amount of 500 to 4,000 living wages for able-bodied persons in form of a fine from 2,500 to 3,000 non-taxable minimum incomes of citizens or public works from 150 to 240 hours with deprivation of the right to hold certain positions or engage in certain activities for up to three years under the first part of this article.

In the event that such information differs from reliable information in the amount of more than 4,000 living wages for able-bodied persons, liability is provided in form of a fine from 3,000 to 5,000 non-taxable minimum incomes of citizens or public works from 150 to 240 hours, or restriction of freedom for a period up to two years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years under part two of this article.

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