Recognition as unconstitutional of the provisions of the Law of Ukraine "On the Prevention of Corruption," which obliges officials to submit e-declarations and empowers the National Agency on Corruption Prevention (NACP) to verify them, can "completely offset the e-declaration process in Ukraine and make effective work of anti-corruption bodies is impossible," Chairman of the NACP Oleksandr Novikov said.

He expressed this opinion in a letter to President of Ukraine Volodymyr Zelenskyy on the eve of the consideration of the case on the constitutionality of certain provisions of the mentioned law, according to the official website of the NACP on Tuesday.

On June 15, the CCU opened proceedings on a complaint of a lawyer – a member of the Disciplinary Chamber of the Qualification and Disciplinary Commission of the Bar of Zakarpattia region Oksana Bukhtoyarova on the compliance of certain provisions of the law "On Prevention of Corruption" with the Constitution. In particular, the lawyer disputes the provisions that define the circle of persons equated to the subjects of the declaration, oblige officials to annually submit electronic declarations and establish types of control over them.

"Recognition of the provisions of the law relating to financial control as unconstitutional can completely neutralize the process of e-declaration in Ukraine and make it impossible for the effective work of anti-corruption bodies. This will significantly undermine achievements in the field of combating corruption and, as a result, will negatively affect both the financial support of Ukraine's international partners, and on its European integration prospects. The decision of the Constitutional Court adopted in the framework of this case, which is binding and not subject to appeal, can lead to a crisis in an extremely difficult time for the country," Novikov said in a letter to the president.

The NAPC recalled that almost three years ago, on October 27, 2020, the Constitutional Court adopted a decision that for some time blocked the e-declaration and work of the NACP and led to the so-called "constitutional crisis" in the state. It was possible to resolve the crisis then only thanks to the joint efforts of the authorities and the public."

"Declaration is one of the key anti-corruption tools. Now, we are waiting for the parliament to restore the mandatory declaration of public servants, the priority of this has been repeatedly emphasized by our international partners. We hope for an objective and impartial consideration of the case by the Constitutional Court. At the same time, I urge the public to closely follow the progress of the case. Indeed, the actual recognition of the submission and verification of declarations as unconstitutional will mean the defeat of Ukraine in the anti-corruption struggle," Novikov said.

As reported, the chairman of the NACP also sent a petition to the Constitutional Court with a request to involve the NACP in the consideration of the case, "since the decision may adversely affect the activities of the agency. The NACP is ready to provide the court with comprehensive explanations for a full and comprehensive consideration of the case," the NACP said.