Draft law on strengthening responsibility of members of expert teams created instead of the MSEC has been developed - NACP

The draft law on the possibility of criminalizing members of expert teams that replaced the MSEC for illicit enrichment and the possibility of recovering unjustified assets is ready. The NACP is waiting for the Verkhovna Rada to consider it. This was reported to UNN by Deputy Head of the NACP Sergiy Gupyak.

The NACP has fulfilled everything that was determined by the NSDC decision. That is, it has submitted its developments on how to define as subjects of criminal liability for illicit enrichment doctors who will make decisions on granting certain statuses and assess the daily functioning of a person

According to him, appropriate amendments have also been submitted so that if the existence of unjustified assets is legally confirmed, such a tool as civil forfeiture can be applied to these persons, namely, the recovery of such assets for the state's revenue.

Mr. Hupiak summarized that the draft law is already available and the NACP is waiting for the Verkhovna Rada to consider it.

In addition, according to the changes introduced by Law 4170 , members of expert teams become subjects of declaration and, accordingly, will be liable for false declarations and non-compliance with other requirements of the Law on Prevention of Corruption.

Addendum

In October 2024, the NACP stated that in order to bring the heads and members of medical and social expert commissions to criminal liability for illicit enrichment or to recognize their assets as unjustified, it is necessary to amend Article 368-5 of the Criminal Code of Ukraine and Article 290 of the Civil Procedure Code of Ukraine. At that time, it was noted that the relevant draft law was being developed by the NACP and would be submitted to the Government.

On January 1, 2025, a new system of assessment of daily functioning, conducted by expert teams of practitioners, was launched, and the outdated system of medical and social expertise was eliminated.

The Prime Minister of Ukraine Denys Shmyhal said that more than 40,000 cases that had been delayed in the MSEC had been transferred to expert teams and that these cases were scheduled to be considered in the first quarter of 2025.