Law of Ukraine
"On Grounds of Corruption Prevention and Counteraction"
Date of entry into force:
July 1, 2011
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.
According to Article 3 of the Law, corruption prevention and counteraction actions are based on the principles of:
- supremacy of law;
- comprehensive application of legal, political, socio-economic, informational and other measures;
- priority of preventive measures;
- unavoidability of liability for corruption-related offences;
- openness and transparency of the work of state bodies and bodies of local self-government;
- community participation in measures of corruption prevention and counteraction, and state protection of persons who render assistance in execution of such measures;
- ensuring the restoration of violated rights and lawful interests, and the compensation of damages caused by corruption-related offences.
Article 4 of the Law envisages that 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, the Prime Minister of Ukraine, the Vice Prime Minister of Ukraine, vice prime ministers of Ukraine, ministries, people's deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils, civil servants, judges of the Constitutional Court of Ukraine, other professional judges, officers and officials of the procurator office bodies, the Security Service of Ukraine, the diplomatic service, the customs service and the state tax service);
- persons that are considered equal to persons empowered to implement functions of the state or local self-government bodies (officials of legal entities of public law, persons providing public services, officials of foreign states, officials of international organizations, etc.);
- persons that permanently or temporarily hold positions related to fulfillment of organizational and managerial or administrative and economic obligations.
Chapter II of the Law determines a list of measures aimed at preventing and counteracting corruption.
Article 23 of the Law establishes that expenses and damages caused to the state due to corruption-related offences are subject to compensation according to the procedure established by the law.
Funds and other property received as a result of corruption-related offences are subject to confiscation by decision of the court, according to the procedure established by the law, and the value of illegally received services and privileges – subject to collection in favor of the state (Article 26 of the Law).
According to Article 29 of the Law, 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.