Law of Ukraine
"On Grounds of Corruption Prevention and Counteraction"
Date of entry into force:
July 18, 2009
The Law determines the main grounds for corruption prevention and counteraction in the public and private spheres of social relations, compensation of damages caused as a result of corruption-related offences, restoration of violated rights, freedoms or interests of natural persons, rights or interests of legal entities, interests of the state.
Article 1 of the Law defines the terms used in the Law. Corruption is a person's use of official authority granted to the person and the possibilities related to it, in order to receive illicit advantage, or acceptance of a promise/offer of such advantage for themselves or other person, or, respectively, the promise/offer or provision of illicit advantage to such a person or to other natural person or legal entities, on the above person's demand, in order to abet the above person to the misuse of official authority granted to them and the possibilities related to it.
Article 2 of the Law determines that the subjects of liability for corruption-related offences are:
- persons empowered to implement functions of the state or local self-government bodies (the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine and his deputies, the Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine, Chairman of the Security Service of Ukraine, the Procurator General of Ukraine, the Chairman of the National Bank of Ukraine, the Chairman of the Accounting of Chamber, the Authorized Human Rights Representative of the Verkhovna Rada of Ukraine, Chairman of the Verkhovna Rada of the Autonomous Republic of Crimea, Head of the Council of Ministers of the Autonomous Republic of Crimea, people's deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils, judges of the Constitutional Court of Ukraine, professional judges, people's assessors and jurors, etc);
- persons that are, for the purposes of this Law, considered equal to persons empowered to implement functions of the state or local self-government bodies (officials of legal entities of public law) paid from the state or local budget; members of district/territorial and precinct election commissions; assistant consultants of people's deputies of Ukraine and other elected officials, etc.);
- persons that permanently or temporarily hold positions related to fulfillment of organizational and management or administrative obligations, or persons specifically authorized to fulfill such obligations in legal entities, as well as natural persons – entrepreneurs;
- officials of legal entities;
- legal entities – in cases defined by the law.
According to part 2 of Article 4 of the Law, natural persons and legal entities are forbidden to finance bodies of state power or bodies of local self-government, which includes rendering material and/or non-material assistance, performing works and rendering services free of charge, transferring funds and other property, except for cases provided for in laws and international treaties of Ukraine that are currently in force and concluded according to the law.
Article 5 of the Law forbids the subjects of liability for corruption-related offences to accept gifts in relation to their implementation of the functions of the state or bodies of local self-government, except for cases provided for by the Law and other laws. The above persons may accept personal gifts that conform to generally accepted conventions of hospitality, provided that the value of one gift does not exceed the amount of one tax social privilege.
According to Article 8 of the Law, bodies of state power or bodies of local self-government, legal entities of public law and legal entities financed from the state or local budgets may not provide funds and property to legal entities prosecuted for corruption-related offences during five years from the entry into force of the court decision.
According to Article 9 of the Law, persons intending to take positions related to implementation of the functions of the state or bodies of local self-government are subject to a special check, including that of personally submitted information. The special check is organized by the chief of the body of state power or the body of local self-government, a position in which the above person intends to take.
The following information is subject to the special check:
- prosecution on criminal charges and prosecution on corruption charges;
- reliability of the information on income, sources of income and financial liabilities, including abroad, of the person intending to take the respective position;
- participatory interests of the person, if any;
- personal data of the person intending to take the respective position, including health condition, education, scientific degrees, academic ranks, postgraduate education.
Article 13 of the Law establishes that in order to discover norms that may facilitate corruption-related offences in drafts of normative and legal acts, and work out recommendations to eliminate such norms, a specially authorized body (person) in the issues of anticorruption policy shall conduct anticorruption expertise of drafts of normative and legal acts. The following are subject to anticorruption expertise:
- drafts of laws of Ukraine;
- drafts of acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, the central body of executive power by decision of the President of Ukraine, the Cabinet of Ministers of Ukraine respectively, or by request of the central body of executive power.
Specially authorize subjects in the corruption counteraction field within the respective administrative-territorial unit and in the state as a whole shall, on an annual basis and no later than the 10th of February, promulgate information on the measures taken to counteract corruption and on the persons prosecuted for corruption-related offences (Article 16 of the Law).
According to Article 17 of the Law, persons that provide assistance in corruption prevention and counteractions are under state protection.
Article 18 of the Law envisages that corruption-related offences are subject to criminal, administrative, civil or disciplinary liability according to the law. Information on persons prosecuted for corruption-related offences are included into the Unified State Register of Persons Prosecuted for Corruption within three days from the entry into force of the appropriate court decision, bringing to civil responsibility or disciplinary penalty.
A person, in respect of which a resolution is made to the effect of misconduct accusation, or a protocol made on administrative corruption-related offences, is subject to suspension from their official position according to the procedure determined by the law, until the ruling of the court in the proceeding, unless otherwise provided by the Constitution of Ukraine (Article 19 of the Law).
According to Article 20 of the Law, the damage incurred by the state as a result of a corruption-related offence is subject to compensation according to the procedure established by the law.
Article 22 of the Law establishes that any legal action concluded as a result of a corruption-related offence is deemed null.
According to Article 23 of the Law, funds and other property received as a result of corruption-related offences are subject to confiscation according to the procedure established by the law, and the value of illegally received services and privileges – subject to collection in favour of the state.
Supervision over the adherence to the laws in the field of corruption prevention and counteraction is carried out by the Procurator General of Ukraine and procurators subordinate to him (Article 26 of the Law).
The final provisions of the Law establish that the Law shall take effect on January 1, 2011.