Avoidance of Responsibility by National Leadership

The leadership of the country is objectively suspected of embezzling property, that is, resources belonging to the citizens of Ukraine.

In 2023, with the assistance of parliament, the possibility was introduced to apply probationary supervision as a new form of punishment instead of imprisonment for individuals found guilty of abusing their official position, giving bribes, and bribing officials of private legal entities. In effect, such individuals would not face actual punishment.

Furthermore, one of the most frequently applied categories in the economic sphere is the composition of fraud as a criminal offense.

In Ukrainian judicial practice, for many cases of bribery, corruption, and official crimes, the criminal law provided by Article 190 of the Criminal Code of Ukraine (fraud) is applied, as it can be demonstrated in court that the corrupt individual did not act as an official.

On August 11, 2023, a law came into effect amending Article 190 of the Criminal Code of Ukraine. According to this, part 4 of the said article was renamed as part 5.

Due to such simple manipulations, fraudsters who committed fraud on a particularly large scale before August 11, 2023, will not be held accountable for their actions, as requalifying their actions to part 5 is impossible, and part 4 now contains a different set of crimes not applicable to other actions.

The amendments to Article 190 of the Criminal Code of Ukraine were made possible by introducing an amendment before the second reading without discussing this amendment in the relevant parliamentary committees, in the scientific-expert institute, legal community, and it was not put up for discussion among the citizens of Ukraine. Thus, the changes were made by misleading the people of Ukraine.

It can be stated that public officials are preparing escape routes for themselves and modifying legislation so that they cannot be held criminally accountable in the future should the power change.

This will lead to the impossibility of compensating Ukrainian citizens for the material and moral damages caused by the illegal activities of fraudsters.



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