Officials` illegally acquired property will be seized, even if acquired 3 years ago.
Internet-resource “Law and Business” reported.
The Presidential project on combating illicit enrichment (# 10358) offers two ways: criminal and civil. The boundary of the division will be the difference between the value of acquired assets and the legal incomes of officials. If it exceeds 12 thousand of the individual income tax exemption (currently – more than 11.5 million UAH), then comes criminal liability. If it is less, it is civil, for which the lower limit is also determined – 500 times of the iite (480 thousand UAH).
If the NACP has doubts about the legality of enrichment of the official, and he cannot name the sources of origin of the property, NABU will take up the case together with the SAP. They must prove the connection of assets with a certain person and the existence of a difference between their value and the declared income. And it will be taken into account both property owned by an official and acquired by other individuals or legal entities in his interests.
Then the case is transferred to the Supreme Anti-Corruption Court, which considers it according to the rules of either criminal or civil proceedings. In the second case, the court decides whose arguments are more convincing, and if the official cannot refute the arguments of the prosecutor’s office, decides to confiscate such property.
It is noteworthy that a civil lawsuit can also be filed against property acquired within 3 years prior to the entry into force of this law. However, criminal liability will only apply to new cases of illegal enrichment.