The issue of special confiscation has once again been raised in the Parliament on December 8 when the deputies considered the bill №5142 on ensuring recovery of unjustified assets to the benefit of the state. In the end, the Parliament did not have enough votes to send the document back for revision, and the bill was voted down.
MP from the Samopomich Union faction, Ruslan Sydorovych, comments on the situation as follows: there is no doubt that it is necessary to carry out special confiscation. However, he adds, for a number of reasons the bill №5142 should have been finalized in cooperation with the Ministry of Justice and the international partners.
“We must clearly understand into whose hands we are going to give such a tool. And we are going to give it into the hands of the unreformed Prosecutor’s Office and unreformed police, because the majority of investigative police officers have not changed,” explains Ruslan Sydorovych.
Another problem to be solved, according to him, is the fact that the law was intended to apply to a very restrained scope of persons. “Are we performing an act of grace for today’s corruptionists? Obviously, this is unacceptable,” the MP believes.
“In addition, we do not want to receive a barrage of lawsuits to the European Court of Human Rights, where the issue of private property is a fundamental one. And this bill doesn’t settle the procedure of establishing whether or not a person is a bona fide owner,” emphasizes Ruslan Sydorovych.
Summing up, he says that today the important issue of the return of the stolen to the state and its citizens is too politicized and cannot be solved, despite the existing legislative framework.
“So far we have six types of confiscation in criminal law, three kinds in the civil law, and few more – in the administrative one. But somehow they are not working,” Ruslan Sydorovych expresses his surprise.