Subtleties of e-declaration. The lawyers told what the declarants risked and how to correct them protect.
Who was more protected by the legislator: civil servants, chairmen of local councils,
prosecutors or judges? How to find out that the National is interested in you
Agency for the Prevention of Corruption, and how to win the war on charges,
so that the client is not removed from office? Lawyers told about all this.
The accusatory bias
Committee of the Association of Lawyers of Ukraine on Criminal and Criminal Procedure
rights told how to defend themselves in cases of corruption administrative
offense.
"In 2016, when I resigned from the prosecutor's office, it was introduced electronic
declaration, and I filed my annual declaration. A month later for me
called from the regional personnel department and offered to give an explanation
about failure to file a declaration. I was sincerely surprised, because I was sure that I had submitted it
and there are no problems, ”the lawyer, a partner of the law firm, began from personal experience
Bargen Dmitry Nikiforov.
The request received from the NAPC concerned the provision of materials from a personal file. Then in
the situations were resolved and the report was not drawn up, although, as the lawyer notes, it is true
made a mistake and did not file a declaration.
Now the person can find out that the NAPC is interested in him, upon request
in relation to her at the place of work. However, asking the employer to collect and provide
information, the agency does not indicate why it is needed and what the problem is.
Sometimes the subjects are called directly to the police or to "anti-corruption activists".
Two years ago, a person could be summoned to the NAPC and to one case
police. Now the agency has decided that they are working only on top
officials. "However, there is a certain accusatory bias and attempts to work it out
planned indicators, so after providing explanations, it should be expected that the protocols still
will be compiled. Sometimes the body knows how to proceed in advance, so the explanation, and
nobody is interested in your position anymore, ”the speaker said.
So already at this stage it makes sense to involve a lawyer so that the client does not go to provide
explanation itself. Yes, among other things, in the case of the NAPC, a lawyer will be able to
get copies of all materials immediately after the report is drawn up. In the police, to
to get the protocol, you need to apply.
You can also ask the agency for clarification, if you do not understand how
to do correctly. At one time, as the speaker noted, the body explained that, for example,
to the head of the department of the State Expert Center for Health Care annually
the declaration does not need to be submitted. This information was used to close
court proceedings.
However, the report may be drawn up and sent to court without the participation of a person. Now
the body equates non-appearance to the refusal to sign the protocol. The lawyer notes that this
is a violation of the rights of the individual, so it is worth tracking when such a protocol goes to court, and
write a letter indicating the violation of the procedure for compiling this document.
Asking to send it for revision, you can save precious time. Or
it is possible to provide such objections directly in the process.
Unequal before the law
Why is this category of cases underestimated? Because the subjects of the declaration do not know
the negative consequences that may occur for them are noted in the committee. Like,
some think you can just pay the fine and move on. However, some
the relevant laws contain restrictions related to a negative court decision.
This can be as a dismissal, and immediately after resignation
protocol, disciplinary action, or even dismissal. There are some
political risks. "When protocols are drawn up for the heads of local, rural,
village or city councils, this could lead to a crisis in these bodies. Mary
may suffer reputational losses, and their opponents - to take advantage of the situation ", -
remarked the lawyer.
Yes, in Art. 65 of the Law "On Prevention of Corruption" states: if it is about
corrupt "admin", a person may be removed from office, and if it is
suspicion of committing a crime in the sphere of official activity - the subject is subject
removal.
D. Nikiforov notes that prosecutors often point out in the process that this article
allegedly unalterable, and the investigating judge has to grant any request
removal from office. However, this is the position of prosecutors absolutely
unfounded, because in fact the Code of Criminal Procedure provides
competition in this matter, so the need for removal must be proved.
"In my opinion, the norm is discriminatory and incomprehensible," the lawyer said. - After all,
a court decision is not enough to dismiss a village, town or city mayor.
The decision to dismiss the chairman is made by the council. It's also a political thing since
if the majority there is behind the head, then no one is considering the issue, taking up
known court decision will not be. It is enough to just put it to the vote. "
Like, what the legislators were guided by when prescribing such a rule, it is unknown. But
use it.
Article 84 of the Law "On Civil Service" for civil servants with a court decision
entails dismissal with deprivation of the right to hold certain positions. But not all
officials are aware of such sanctions, the lawyer said. It happened that customers went to
court, pleaded guilty and then released them. Someone else doesn't know what's overdue
declaration for literally one day, you can get into the Register of Corruptors.
But most, as noted in the committee, discriminated prosecutors. For them already
the fact of involvement, regardless of the court decision, means that the person is needed
to release. They are not deprived of the right to hold certain positions, but the right to a pension for
years of service they will lose. If the court finds them corrupt
offenses, they will no longer be appointed to the prosecutor's office.
The legislator prescribed the simplest option for judges. For them it comes only
disciplinary liability.
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