Social activists who volunteered to fight corruption should no longer declare their income. Society should take for granted their “clean hands”, and the state should not burden them with the obligations to file declarations.
Internet-resource “Law and Business” reported.
In 2017, when the Vekhovna Rada included anti-corruption activists into the list of subjects to declaration, this was explained as the parity to transparent state of the public representatives and those they fight with. After all, there were suspicions that in this field one can make good money, particularly, through grants, rather than reflecting these incomes in the declarations.
However, as the Constitutional Court has noted, the obligation to report for a certain circle of individuals and public associations that do not exercise public authority or are not financed at the expense of budgetary funds is “excessive and disproportionately restricting the freedom of political and public activity”.
The decision of 06.06.2019 No. 3-p / 2019 does not explain how the need to declare income affects social activities.
The logic of the Court, in fact, is based on the fact that such a duty is an “interference of the state in the personal and private life” of the activists, which is too burdensome for them, and there is “no need for a public necessity” for it.
Thus, the judges of the Constitutional Court introduced a rather interesting legal category for the assessment of legislative norms: they are urgently needed or not. And then they gave themselves the right to give a conclusion in this regard.
Considering this, as well as the legal uncertainty of the disputed norms, the Constitutional Court declared unconstitutional p.5, p. 1, art. 3; p.3, p. 3, art. 45 of the Law “On Prevention of Corruption”, as well as p.2 of the art. 2. “Final provisions” of the Law “On Amendments to certain Laws of Ukraine Regarding the Features of Financial Control of Certain Categories of Officials” Therefore, community activists can continue to fight corruption, without worrying that prosecutors can turn into suspects.