Samopomich’s deputy Ruslan Sydorovych believes that the Constitutional Court’s recognition of the article 368-2 of the Criminal Code as unconstitutional (this article punishes officials for illegal enrichment) is a very bad signal for the society and our Western partners.
Sydorovych explained the decision of the Constitutional Court stating that the provisions of the article do not correspond to the presumption of innocence:
“The principle of innocence exists to ensure that the state, which has a huge power apparatus, does not make a person guilty until this is completely proven. However, these things are fundamentally different in relation to people working in the public sector and receiving their salaries at the expense of taxpayers. Here everything is completely different. A citizen can do everything that is not prohibited by law, while public authorities are obliged to act in accordance with Art. 19 of the Constitution.”
That is, Sydorovych notes, the law clearly distinguishes between citizens and public servants. A civil servant is limited in their abilities, because their actions can cause much more harm to society:
“Therefore, the possibility of illicit enrichment contains social harm. If top officials are now no longer obliged to explain where they got tons of their cash from, this can lead to serious problems.”
It should be noted that the presumption of guilt is generally borrowed from the Anglo-Saxon legal system, where the presumption of guilt can be applied to the respective categories of persons (as a rule, those in the public service). If you look at the development of modern legal science in the countries of the Continental legal system, not the Anglo-Saxon one, then it should be noted that the countries of the continental legal system (including the EU) borrow a lot of interesting and useful things from that system.
Sydorovych says, “When talking about people in public positions, the Constitutional Court would need to take a deeper look at this principle from the point of view of public interest.”