The public will protect activists from the discriminatory regulations regarding e-declaration in the Constitutional Court of Ukraine

Amendments to the Law of Ukraine “On Prevention of Corruption”, adopted in the spring of 2017, expanded the range of persons authorized to perform the functions of the state and required to file electronic declarations. In particular, the individuals who “carry out activities related to the prevention and counteraction of corruption”, namely public activists, experts, investigative journalists, citizens involved in anti-corruption measures, were assigned to the group of declarants. In fact, they include individuals who are not able to commit corruption offences, but instead channel their efforts to prevent and combat corruption, rely on anti-corruption prohibitions and restrictions and they become liable parties for their violation in terms of criminal and administrative legislation. Such a leveling is illogical and unjustified.

In line with the Fundamental Principles on the Status of Non-Governmental Organizations in Europe, government agencies can work with civil society organizations to achieve public policy goals, but should not try to own or force them to work under their control. None of the European country imposes an obligation to declare property for public activists, experts or investigative journalists on an equal footing with government officials since it in fact provides the authorities with a tool for selective prosecution, creates a wide range of manipulations and arbitrary sanctions. Therefore, these regulations are believed to be undemocratic and discriminatory by the public and the international community.

In addition, from the point of view of the rule of law, the principle of legality and the principle of legal certainty, such an approach is unconstitutional since the new provisions of the Law define unclearly and vaguely not only the purpose of imposing the prohibitions, restrictions and responsibilities on the persons concerned, but also the very range of such persons. A number of clarifications, draft clarifications and replies from National Agency for Prevention of Corruption, which sometimes contradict each other and contain mutually exclusive provisions, do not add any clarity.

The fact of applying anti-corruption bans, restrictions and liabilities to individuals in connection with their exercise of their right to freedom of association and the pursuit of certain activities (fighting corruption) are discriminatory according to the type of activity of civil society organizations (since only anti-corruption organizations are mentioned) and violate the European Convention on Human Rights and Fundamental Freedoms, the provisions of the Constitution of Ukraine on the right to freedom of association, employment, equal opportunities in the choice of profession and kind of employment, freedom of thought and speech, free expression of views and beliefs, privacy and non-interference in personal and family life.

The above facts, as well as the directly applicable regulations of the Constitution (citizens are equal before the law and have equal constitutional rights and freedoms that cannot be restricted), testify to the fact that the abovementioned amendments to the Law of Ukraine “On Prevention of Corruption” do not create an obligation for public activists to submit information to the Register of declarations of persons authorized to perform functions of the state or local self-government.

In order to protect the right of Ukrainian citizens to active citizenship and cooperation with public associations from these discriminatory regulations that are not in compliance with the Basic Law and international obligations of Ukraine, civil society organizations that support this statement will apply all instruments for the legal protection of constitutional rights, first of all, will promptly raise the issue of the constitutionality of the new provisions of the Law of Ukraine “On Prevention of Corruption” in the Constitutional Court of Ukraine.

According to the Constitution, the establishment and maintenance of human rights and freedoms is the main responsibility of the state, and the state is responsible to the individual for its activities.
Reanimation Package of Reforms
NGO Slidstvo.info
Civil Society Institute
Centre for Political Studies and Analysis “EIDOS”
Ukrainian Center for Independent Political Research
Ilko Kucheriv Democratic Initiatives Foundation Centre UA
Centre for Economic Strategy
Centre of Policy and Legal Reform
Center for Democracy and Rule of Law (CEDEM)
Prometheus
Center for Public Monitoring and Research
NGO “Development & Security Association”
Agency for Strategic Communications and Development “Joint Efforts”
NGO Regional advocacy center “Life”
DEJURE Foundation
Civil Network OPORA
Internews Ukraine
Human Rights Platform
Network of Energy Innovations “Greencubator”
Centre for Innovations Development at NaUKMA
CASE-Ukraine
“Legal Hundred” NGO
Institute of Social and Economic Transformation
Human Rights Agenda Platform

Center for Civil Liberties

The Open Dialog Foundation

Luhansk regional human rights center “Alternative”

NGO Crimean Human Rights Group

NGO  “Kharkiv Human Rights Group”

Ukrainian Helsinki Human Rights Union

No Borders project

Human Rights Information Center

Charitable Foundation “Right to Protection”
Vostok-SOS

CrimeaSOS

Public Holding “Impact Group”

“Donbas SOS”

NGO “Severodonetsk Youth Council”

Crisis Media Center “Siversky Donets”

Alchevsk Human Rights Analytical Center

NGO Zhytomyr Center for Public Procurement Monitoring and Training

NGO Polissia Forests Protection (Zhytomyr)

NGO Polissia Shield (Zhytomyr)

NGO Green Quarry (Zhytomyr)

NGO Fair Amber Legalization (Zhytomyr Region)

NGO “ASSOCIATION OF OWNERS OF AGRICULTURE LAND PLOTS IN BORZNA” (NGO AO OF AGRICULTURE LAND PLOTS IN BORZNA) – Borzna Chernihiv Region

NGO “Women’s Rights League More than 50%” (Zhytomyr)

 

DiXi Group
Easy Business
Detector Media
МАМА-86
Bureau of Environmental Investigation
Together Against Corruption
Institute for Economic Research and Policy Consulting
Public Health Advocacy Center
Ukrainian Insurance Federation
Europe Without Barriers
Anti-Corruption Research and Education Centre
Statewatch
Institute of Mass Information
All-Ukrainian Sustainable Development and Investments Agency

Committee of Voters of Ukraine

New Europe Center

Center for Innovative Education “Pro.Svit”

Odessa regional organization of All-Ukrainian NGO Committee of Voters of Ukraine

NGO “Association of Political Sciences”

Center for Public Monitoring and Research

NGO “New Active Ukrainians”

Community organizations Philosophy of Heart

Women’s Anti-Corruption Movement

City for Smart People

Institute of Analysis and Advocacy
NGO “Territory of Success”

Oberih Varity Foundation

Chuhuyiv Human Rights Group

NGO EcoZaporizhzhia

Ternopil Human Rights Group

 “All Rights” Human Rights Center

NGO “Buslav Sich”

Kharkiv Anticorruption Centre

Ukrainian Center for Policy “Eksampey”

NGO “Molod-DIIE”

NGO Center for Public Monitoring and Analysis

NGO “Khmelnitskyi Initiative”

Ternopil Branch of AutoMaidan

NGO “Creative association “Nivroku”

NGO EAG “Accent”

NGO “Center for Regional Development and Law”

Khmelnytskyi Regional Branch of AvtoMaydan

NGO “Art Festival “Yi”

NGO “People’s Control of Kirovohrad Region”

NGO “Joint Action”

NGO “Center for Media Investigations “Prozoro”

NGO “Nahliad”

NGO “Ternopil Press Club”

NGO “Youth Association “Fine City”

Svitlana Pantiukhina, Head of Alchevsk Human Rights Analytical Center

Bohdan Bondarenko, Head of NGO Zhytomyr Center for Public Procurement Monitoring and Training, Luhansk Region CVU Lawyer

Bohdan Korotun, Head of NGO Polissia Forests Protection (Zhytomyr)

Serhii Tkachuk, Head of NGO Polissia Shield (Zhytomyr)

Iryna Karelina-Milska, Head of NGO Green Quarry (Zhytomyr)

Oleh Tynichenko, Head of NGO Fair Amber Legalization (Zhytomyr Region)

Serhii Shybaiev, Head of NGO “ASSOCIATION OF OWNERS OF AGRICULTURE LAND PLOTS IN BORZNA”

(NGO AO OF AGRICULTURE LAND PLOTS IN BORZNA) – Borzna Chernihiv Region

Tetiana Kozlova, Deputy Head of NGO “Women’s Rights League More than 50%” (Zhytomyr)

 

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