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Failure to take measures to combat corruption

Failure to take measures to combat corruption

For a certain category of persons, the legislation establishes the obligation to monitor the implementation of anti-corruption restrictions by other persons. And for failure to take appropriate measures, such persons face administrative liability. Such responsibilities have their own characteristics. Under what conditions are the actions of a person not considered inaction to prevent corruption? We will consider these questions later in the article. Who are the requirements for? In general, this article applies to managers […]

Violation of financial control requirements. Is the official always to blame?

Violation of financial control requirements. Is the official always to blame?

Late filing of a declaration is one of the most common grounds for drawing up a report for violation of financial control requirements. But the law obliges to declare not only property and income. If you bought a car, sold a plot of land, inherited or opened a foreign currency account with a non-resident bank, this must also be reflected in the declaration. Violation of such requirements threatens not […]

Conflict of interest: case law and protection advice

Conflict of interest: case law and protection advice

Anti-corruption legislation imposes a number of restrictions on the prevention and settlement of conflicts of interest. For committing an offense, the court may impose a fine, as well as additionally prohibit the holding of certain positions, which will result in dismissal. The police and the NAPC are active in drawing up reports. As of today, more than 5,500 decisions based on the results of consideration of Article 172-7 of the Code of Administrative Offenses have been published in the Unified State Register of Judgments […]

Restrictions on part-time work. Can a civil servant engage in other activities?

Restrictions on part-time work. Can a civil servant engage in other activities?

Anti-corruption legislation imposes a number of restrictions on civil servants to make a profit from other sources. The consequences that can occur for such a person are quite aggravating. Not only a fine can "arrive". The court may withdraw the funds and prohibit them from holding public office positions, which will result in dismissal. The script is not very optimistic, right? However, there is good news, because some […]

How can an official not get into trouble after receiving a gift?

How can an official not get into trouble after receiving a gift?

Anti-corruption legislation imposes restrictions on the receipt of gifts from legal entities or individuals to both the subjects of the declaration and their relatives. The law also forbids demanding or asking for gifts. The usual, at first glance, gesture of courtesy can lead not only to the imposition of a fine, but also to dismissal. For repeated prosecution during the year in accordance with Art. 172-5

Who has the right not to file a declaration with the NAPC?

Who has the right not to file a declaration with the NAPC?

Today, anti-corruption legislation defines a certain range of persons who are required to file an annual income tax return and report changes in property status. The specific list of subjects of declaration is determined by the Law of Ukraine "On Prevention of Corruption". However, earlier the NAPC, through clarification, significantly expanded the list defined by law, interpreting the concept of "officials of legal entities under public law" in their favor so as to cover […]

Corruption administrative offense: how to limit yourself to verbal remarks?

Corruption administrative offense: how to limit yourself to verbal remarks?

Anti-corruption legislation. I was recently approached by an ex-employee of the State Penitentiary Service (hereinafter - DKVS), who was charged with late submission of a declaration after release. Anti-corruption legislation requires an electronic declaration to be filed on the day of dismissal, but due to certain circumstances it was filed 30 days after dismissal. It sounded quite threatening: a protocol on an administrative offense related to corruption, provided for […]

Can a prosecutor appeal a ruling on a corruption offense?

Can a prosecutor appeal a ruling on a corruption offense?

According to the Unified State Register of Judgments, in 2017 the courts considered about 1,500 cases of corruption administrative offenses. According to the results of the review of corruption protocols, the courts of first instance mostly made decisions in favor of the persons against whom they were drawn up. These include court decisions on the absence of an administrative offense and exemption from administrative liability […]

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