Anti-corruption legislation

Adoption of the Law of Ukraine №1700-VII “On Prevention of Corruption” dated October 14, 2014 is the starting point in the separation of a whole set of regulations and creation of a special structure to combat corruption. However, the legislative norms in this area have not become stable. Anti-corruption legislation is amended from time to time. This causes difficulties primarily for e-declarants – people for whom compliance with anti-corruption legislation is a condition for maintaining their position, reputation, honor, and sometimes freedom.

Do you need professional legal assistance in the field of e-declaration? Have you had a dispute with the National Agency for the Prevention of Corruption? The Attorneys’ Association Legard shall provide you with necessary advice and legal support.

So that you can sleep peacefully and feel confident, our team is ready to assist you in the following areas:

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E-declaration:

annual electronic declaration, declaration of the subject before dismissal, declaration of the subject after dismissal, declaration of the candidate for the relevant position, notification of significant changes in the property status of the person.

Preparation of explanations and documents

at the NAPC’s request, other types of official communication with NAPC representatives.

Appeals against actions / inaction of NAPC officials

and authorized persons, administrative decisions (protocols) of NAPC, decisions regarding full verification of declarations.

Disputes with the NAPC

over failure to take measures to combat corruption, holding more than one job, receiving gifts, conflict of interest, use of official information, placement of sports bets (Article 172 of the Code of Administrative Offenses) and failure to comply with lawful requirements of the NAPC (Articles 188-46 of the Code of Administrative Offenses).

Protection

of the client in case of threat of criminal prosecution for illegal enrichment (Article 368-5 of the Criminal Code), declaration of knowingly inaccurate information / intentional failure to submit a declaration (Article 366-1 of the Criminal Code).

Consultations

on anti-corruption legislation and e-declaration, features of interaction with NAPC representatives.

Checking the availability

of submitted declaration in the Unified State Register of declarations of persons authorized to perform the functions of state or local self-government.

NOTA BENE 1

The criteria by which individuals are selected for full verification of e-declarations:

  • obtaining from individuals / legal entities, mass media or from other sources of information on the submission of inaccurate data by concrete individual in his declaration.
  • staying in a responsible / especially responsible position and performing official duties associated with a high degree of corruption risks.
  • establishing, based on the results of monitoring of the lifestyle, the discrepancy between the declarant’s level and the declared income and property.
  • identification of inconsistencies based on the results of logical and arithmetic control.
  • presence of a field in which the declarant selected the checkbox “Family member did not provide information” in a declaration.

NOTA BENE 2

Stages of full verification of the e-declaration by authorized persons of NAPC:

  • The declarant receives a request to provide explanations and copies of documents in support of such explanations. This request is displayed in the declarant’s online cabinet.
  • The subject of the declaration provides a response to the request. Such a response can be sent by info@nazk.gov.ua/ by mail or delivered directly to NAPC
  • After the end of the check, NAPC notifies the declarant of its results in writing. Decision on the results of full check is sent by post with a note of delivery. Also, this information is published on NAPC’s official website.
  • In case of violations, an administrative protocol is drawn up. This document is sent to the declarant for information. The declarant has the right to file appropriate objections. In some cases, the law enforcement agencies are sent submission about the presence of signs of a criminal offense in the actions of declarant.
  • The materials of the case are submitted to the court.

The ups and downs around anti-corruption legislation are unlikely to subside in the nearest future. Instead, you need to live and work in peace. Enlist the support of a good attorney-at-law, in order not to suffer from unnecessary stress!

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