Declaring subjects often underestimate the risks that arise in the event of a court ruling on a person being found guilty of an administrative offense related to corruption. Most of the offenses provided for by the Code of Ukraine on Administrative Offenses are sanctioned in the form of a fine, and in the case of repeated offenses, deprivation of the right to hold certain positions or engage in certain activities.
Accordingly, the subjects of the declaration mistakenly believe that they can pay the fine and there will be no further consequences.
At the same time, certain categories of reporting subjects – civil servants, local self-government officials, judges, prosecutors, investigators, etc., receive additional restrictions in case of administrative liability.
Risks of administrative offenses related to corruption. Among the negative consequences of being prosecuted for a corrupt administrative offense can be highlighted a) removal from office b) disciplinary responsibility c) dismissal d) entry into the Register of persons who have committed corruption offenses
Removal from office in connection with the commission of a corruption administrative offense
The Law of Ukraine "On Prevention of Corruption" provides for: a person, in respect of which a report on an administrative offense related to corruption was drawn up, can be suspended from the performance of official powers by the decision of the head of the body, institution, enterprise, organization where she works, until the end of the court's consideration of the case.
As you can see, the very fact of drawing up the protocol, even without a court decision, can already become grounds for removal from office.
The Law does not provide for the conditions of such suspension, however, if we draw an analogy and refer to the conditions of suspension in case of notification of suspicion of committing a crime in the field of official activity, then such conditions are, for example:
1) if holding a position contributed to the commission of a criminal offense;
2) if, while in office, the person destroys or falsifies things and documents that are important for the investigation, influences witnesses, illegally obstructs criminal proceedings in other ways.
Accordingly, suspension due to the drawing up of a protocol may also occur if, as a result of an official investigation, it is established that the offense was facilitated by the stay in office, and the further stay may have the effect of hindering the further consideration of the case.
How can an employer find out about the drafting of a personal protocol? NASK sends a notice of drawing up a protocol at the place of work for consideration of a possible suspension.
Disciplinary responsibility in connection with the commission of a corruption administrative offense
The Law of Ukraine "On Prevention of Corruption" provides: a person who has committed a corruption offense or an offense related to corruption, but a court she was not punished or fined in the form of deprivation of the right to hold certain positions or engage in certain activities, related to the performance of the functions of the state or local self-government, or similar to this activity, is subject to prosecution to disciplinary responsibility in accordance with the procedure established by law.
Such cases may arise when the court released the person from responsibility due to insignificance or closed the case after the expiration of the term of bringing to administrative responsibility.
Prosecution may affect future promotions and affect performance awards.
Protection in cases of corruption offenses
Dismissal in connection with the commission of a corruption administrative offense
Various laws establish the obligation to release a person if the court finds the person guilty of an administrative offense related to corruption.
In the Law of Ukraine "On Prevention of Corruption" it is stated that a person authorized to perform the functions of the state or local self-government, in respect of whom a court decision on recognition of unfounded assets and their collection into state income has entered into force, is subject to dismissal from office in accordance with the procedure established by law.
Law of Ukraine "On Local Self-Government" determines that village, settlement, city heads in the case of a court decision on finding a person guilty along with deprivation of the right to hold positions - the person is dismissed from the day of the council's decision, which takes note of the said fact.
Law of Ukraine "On Civil Service" contains the restriction that dcivil servants found guilty by the court of committing a corruption offense deprivation of the right to hold positions, are subject to dismissal.
An additional limitation: prohibition to hold positions for 3 years after the adoption of the court decision
Law of Ukraine "On the Prosecutor's Office" contains the provision that prosecutors found guilty by the court of committing a corruption offense are subject to dismissal from office.
Law of Ukraine "On the National Police" contains the restriction that the employees of the National Police, whom the court found guilty of committing a corruption offense, are subject to dismissal from their positions.
As you can see, the specific laws regulating the activities of the subjects of declaration contain various additional restrictions that also affect the passage and dismissal from service.
Who is included in the Unified State Register of persons who have committed corruption or corruption-related offenses?
Individuals brought to criminal, administrative, disciplinary and civil liability for committing corruption or corruption-related offenses are entered in the Register
How to avoid negative consequences in the form of dismissal, suspension, and disciplinary action?
In order to avoid negative consequences, based on the results of the review of the protocol on an administrative offense related to corruption, the court must make one of the following decisions:
- the decision to close the case in connection with the absence of an event or composition of an administrative offense;
- the decision to close the case due to insignificance
- the decision to close the case after the expiration of the term of bringing to administrative responsibility
Adoption of such decisions by the court will avoid negative consequences for the subjects of the declaration.
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