Last modification: 02.06.21 17:48:34
(The Official Bulletin of the Verkhovna Rada of Ukraine (BVR), 2014, No. 49, Article 2056)
{As amended by Laws
No. 77-VIII of 28 December 2014, BVR, 2015, No. 11, Article 75
No. 198-VIII of 12 February 2015, BVR, 2015, No. 17, Article 118
No. 576-VIII of 02 July 2015, BVR, 2015, No. 36, Article 360
No. 595-VIII of 14 July 2015, BVR, 2015, Nos. 37–38, Article 366
No. 597-VIII of 14 July 2015, BVR, 2015, No. 35, Article 343
No. 631-VIII of 16 July 2015, BVR, 2015, No. 39, Article 376
No. 679-VIII of 15 September 2015, BVR, 2015, No. 46, Article 414
No. 731-VIII of 08 October 2015, BVR, 2015, Nos. 49–50, Article 449
No. 766-VIII of 10 November 2015, BVR, 2015, No. 52, Article 482
No. 794-VIII of 12 November 2015, BVR, 2016, No. 6, Article 55
No. 889-VIII of 10 December 2015, BVR, 2016, No. 4, Article 43
No. 922-VIII of 25 December 2015, BVR, 2016, No. 9, Article 89
No. 928-VIII of 25 December 2015, BVR, 2016, No. 5, Article 54
No. 1022-VIII of 15 March 2016, BVR, 2016, No. 13, Article 146
No. 1403-VIII of 02 June 2016, BVR, 2016, No. 29, Article 535
No. 1540-VIII of 22 September 2016, BVR, 2016, No. 51, Article 833
No. 1774-VIII of 06 December 2016, BVR, 2017, No. 2, Article 25
No. 1798-VIII of 21 December 2016, BVR, 2017, Nos. 7–8, Article 50
No. 1848-VIII of 09 February 2017, BVR, 2017, No. 12, Article 134
No. 1975-VIII of 23 March 2017, BVR, 2017, No. 14, Article 159}
{Also refer to Clause 6, Section II of Law No. 1975-VIII of 23 March 2017}
{As amended by Laws
No. 2136-VIII of 13 July 2017, BVR, 2017, No. 35, Article 376
No. 2462-VIII of 19 June 2018, BVR, 2018, No. 39, Article 285
No. 2475-VIII of 03 July 2018, BVR, 2018, No. 36, Article 272
No. 2704-VIII of 25 April 2019, BVR, 2019, No. 21, Article 81
No. 113-IX of 19 September 2019, BVR, 2019, No. 42, Article 238
No. 114-IX of 19 September 2019, BVR, 2019, No. 45, Article 289
No. 140-IX of 02 October 2019, BVR, 2019, No. 47, Article 311
No. 198-IX of 17 October 2019, BVR, 2019, No. 50, Article 356
No. 263-IX of 31 October 2019, BVR, 2020, No. 2, Article 5
No. 319-IX of 03 December 2019, BVR, 2020, No. 6, Article 35
Code
No. 396-IX of 19 December 2019, BVR, 2020, No. 7, No. 8, No. 9, Article 48
Laws
No. 440-IX of 14 January 2020, BVR, 2020, No. 28, Article 188
No. 524-IX of 04 March 2020, BVR, 2020, No. 38, Article 279
No. 530-IX of 17 March 2020, BVR, 2020, No. 16, Article 100
No. 540-IX of 30 March 2020, BVR, 2020, No. 18, Article 123
No. 720-IX of 17 June 2020, BVR, 2020, No. 47, Article 408
No. 805-IX of 16 July 2020, BVR, 2020, No. 36, Article 273
No. 852-IX of 02 September 2020
No. 912-IX of 17 September 2020}
{On certain provisions recognised as unconstitutional, see Decision of the Constitutional Court
No. 13-r/2020 of 27 October 2020}
{As amended by Laws
No. 1074-IX of 04 December 2020
No. 1079-IX of 15 December 2020 — for the enactment of certain amendments refer to Clause 2 of Section II
No. 1135-IX of 26 January 2021
No. 1219-IX of 05 February 2021}
{Amendments to the law regarding the automated distribution of duties for conducting verifications among the authorised persons of the National Agency on Corruption Prevention, including duties for conducting a comprehensive examination of declarations, shall become effective from 01 June 2020 under Law No. 524-IX of 04 March 2020}
{In the text of the Law, the words “National Securities and Stock Market Agency” in all cases have been replaced with the words “National Securities and Stock Market Commission” in the relevant case under Law No. 198-VIII of 12 February 2015}
This Law defines the legal and organisational framework for the functioning of the corruption prevention system in Ukraine, the content and the procedure for applying preventive anti-corruption mechanisms, and rules for eliminating the consequences of corruption offences.
1. For the purposes of this Law, the following definitions shall apply:
“anti-corruption expertise” shall mean activity aimed at identifying provisions in regulatory acts or draft regulatory acts which alone or in combination with other norms may facilitate the commission of corruption offences or corruption-related offences;
“direct subordination” shall mean the relationship of direct organisational or legal dependence of a subordinate person on his/her supervisor, including through the decision (participation in the decision) of issues on admission to employment, termination of employment, the use of incentives, disciplinary sanctions, providing guidance, orders, etc., monitoring their implementation;
“close persons” shall mean family members of the subject referred to in part 1, Article 3 of this Law, and husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, and cousin, brother-in-law (sister-in-law), nephew, niece, uncle, aunt, grandfather, grandmother, great-grandfather, great-grandmother, grandson, granddaughter, great-grandson, great-granddaughter, son-in-law, daughter-in-law, father-in-law, mother-in-law, son’s (daughter’s) father- and mother-in-law, adoptive parent or adopted, guardian, caretaker or a person who is under the guardianship or care of the mentioned subject;
{Paragraph 4, part 1 of Article 1 as revised by Law No. 140-IX of 02 October 2019}
“state authority” shall mean a government authority, including a collegial state authority, other subject of the public law, regardless of whether or not it holds the status of a legal entity, which, according to legislation, is assigned with powers to perform governing functions on behalf of the state, the jurisdiction of which covers the entire territory of Ukraine or separate administrative and territorial units;
{Part 1 of Article 1 has been supplemented with a new paragraph under Law No. 1975-VIII of 23 March 2017}
“corruption offence” shall mean an act that has the signs of corruption, was committed by a person referred to in part 1, Article 3 of this Law and for which the Law established criminal, disciplinary and/or civil liability;
“corruption” shall mean the use by a person referred to in part 1, Article 3 of this Law of granted official powers or powers associated with opportunities to obtain unlawful benefit or receipt of such benefit or receipt of a promise/offer of such benefit for himself/herself or others, or respectively the promise/offer or granting of an unlawful benefit to the person referred to in part 1, Article 3 of this Law or upon his/her request to other individuals or legal entities with a view to persuade the person to unlawfully use his/her official authorities or associated opportunities granted to him/her;
“unlawful benefit” shall mean money or other property, advantages, privileges, services, intangibles, any other intangible or non-monetary benefits which are promised, offered, given or received without legal justification;
“potential conflict of interest” shall mean the presence of a person’s private interest in the area in which he/she exercises his/her official or representative powers that may affect the objectivity or impartiality of his/her decisions or affect the commitment or non-commitment of actions in the exercise of these powers;
“gift” shall mean money or other property, advantages, privileges, services, or intangibles, given/received free of charge or at a price below the minimum market price;
“corruption-related offence” shall mean an act that does not have signs of corruption but violates the requirements, prohibitions and restrictions established by this Law, that was committed by a person referred to in part 1, Article 3 of this Law, for which the law establishes criminal, administrative, disciplinary and/or civil liability;
“private interest” shall mean any tangible or intangible interest of a person including that which is caused by personal, familial, friendly, or other off-duty relationships with individuals or legal entities, including those arising from membership or activity in social, political, religious or other organisations;
“real conflict of interest” shall mean the contradiction between the private interest of a person and his/her official or representative powers, which affects the objectivity or impartiality of his/her decisions and commitment or non-commitment of actions in the exercise of these powers;
“specially authorised counter-corruption entities” shall mean the prosecution authorities, the National Police, the National Anti-Corruption Bureau of Ukraine, the National Agency on Corruption Prevention;
{Part 1 of Article 1 has been supplemented with a new paragraph under Law No. 198-VIII of 12 February 2015; as amended by Law No. 766-VIII of 10 November 2015}
“subjects of declaration” shall mean persons referred to in Clause 1, Subclauses “а” and “c” of Clause 2, Clause 4, part 1 of Article 3 of this Law, other persons who are obliged to file a declaration under this Law;
{Paragraph 15, part 1 of Article 1 as amended by Laws No. 1975-VIII of 23 March 2017, No. 140-IX of 02 October 2019}
{Paragraph 16, part 1 of Article 1 as revised by Law No. 140-IX of 02 October 2019}
а) a person married to the subject referred to in part 1, Article 3 of this Law, and children of the said subject prior to reaching their legal majority – regardless of cohabitation with the subject;
{Paragraph of part 1 of Article 1 as revised by Law No. 140-IX of 02 October 2019}
b) any cohabitants bound by common everyday life, having mutual rights and responsibilities with the subject referred to in part 1, Article 3 of this Law (other than persons whose mutual rights and obligations are not of a family nature), including persons who live together but are not married;
{Paragraph of part 1 of Article 1 as revised by Law No. 140-IX of 02 October 2019}
“elected individuals” shall mean the President of Ukraine, the Members of Parliament of Ukraine, the Members of Parliament of the Autonomous Republic of Crimea, councillors of local councils, village, settlement, town and city mayors;
“whistle-blower” shall mean an individual who, in the belief that the information is reliable, has reported the possible facts of corruption or corruption-related offences, other violations of this Law committed by another person, if such information has become known to him/her in connection with his/her work, professional, economic, social, scientific activities, his/her service or study or participation in the procedures provided for by law, which are mandatory for commencing such activities, service or study;
{Part 1 of Article 1 as been supplemented with a new paragraph under Law No. 198-IX of 17 October 2019}
“internal channels for reporting of possible corruption or corruption-related offences or other violations of this Law” shall mean methods of secure and anonymous reporting of information by the whistle-blower to the head or authorised unit (person) of the authority or legal entity in which the whistle-blower works, serves or studies or on whose order performs work;
{Part 1 of Article 1 as been supplemented with a new paragraph under Law No. 198-IX of 17 October 2019}
“external channels for reporting of possible corruption or corruption-related offences or other violations of this Law” shall mean ways of reporting information by the whistle-blower through individuals or legal entities, including through the mass media, journalists, public associations, trade unions, etc.;
{Part 1 of Article 1 as been supplemented with a new paragraph under Law No. 198-IX of 17 October 2019}
“regular channels for reporting of possible corruption or corruption-related offences or other violations of this Law” shall mean ways of secure and anonymous reporting of information by the whistle-blower to the National Agency on Corruption Prevention, other public authority competent to consider and make decisions on the matters on which the relevant information is disclosed. Regular channels must be established by specially authorised counter-corruption entities, pre-trial investigation bodies, bodies responsible for monitoring compliance with laws in relevant areas, other state authorities, institutions and organisations.
{Part 1 of Article 1 as been supplemented with a new paragraph under Law No. 198-IX of 17 October 2019}
Article 2. Corruption prevention legislation
1. Relations arising in the field of prevention of corruption shall be governed by the Constitution of Ukraine, international treaties ratified by the Verkhovna Rada of Ukraine, this Law, other laws, and other regulatory acts adopted for their implementation.
Article 3. Subjects covered by this Law
1. Subjects covered by this Law shall be:
1) persons authorised to perform the functions of the state or local government shall be:
а) the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, his First Deputy and Deputy, the Prime Minister of Ukraine, the First Deputy Prime Minister of Ukraine, the Vice Prime Ministers of Ukraine, ministers, other heads of central executive authorities who are not members of the Cabinet of Ministers of Ukraine and their deputies, the Head of the Security Service of Ukraine, the Prosecutor General, the Head of the National Bank of Ukraine, his First Deputy and Deputy, the Head and other members of the Accounting Chamber, the Ukrainian Parliament Commissioner for Human Rights, the Commissioner for the Protection of the State Language, the Chairman of the Verkhovna Rada of the Autonomous Republic of Crimea, the Chairman of the Council of Ministers of the Autonomous Republic of Crimea;
{Subclause “a” of Clause 1, part 1 of Article 3 as amended by Laws No. 576-VIII of 02 July 2015, No. 1798-VIII of 21 December 2016, No. 2704-VIII of 25 April 2019, No. 140-IX of 02 October 2019, No. 524-IX of 04 March 2020}
b) the Members of Parliament of Ukraine, the Members of Parliament of the Autonomous Republic of Crimea, councillors of local councils, village, settlement, town and city mayors;
c) civil servants, officials of local government;
d) military officials of the Armed Forces of Ukraine, the State Service for Special Communication and Information Protection of Ukraine and of other military units established under law, except for military conscripts, cadets of higher military education institutions, cadets of higher education institutions which have in their structure military institutes, cadets of departments, sub-departments and divisions of military training;
{Subclause “d” of Clause 1, part 1 of Article 3 as amended by Laws No. 198-VIII of 12 February 2015, No. 1975-VIII of 23 March 2017}
e) judges, judges of the Constitutional Court of Ukraine, the Head, Deputy Head, members and inspectors of the High Council of Justice, officials of the Secretariat of the High Council of Justice, the Head, Deputy Head, members, inspectors of the High Qualifications Commission of Judges of Ukraine, officials of the Secretariat of this Commission, officials of the State Judicial Administration of Ukraine, jurors (in the course of performing their duties in court);
{Subclause “e” of Clause 1, part 1 of Article 3 as revised by Law No. 1798-VIII of 21 December 2016}
f) rank and file and commanding officers of the State Penitentiary Service, the Tax Police, commanding officers of Civil Defense Authorities and Units, the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine;
{Subclause “f” of Clause 1, part 1 of Article 3 as amended by Laws No. 198-VIII of 12 February 2015, No. 597-VIII of 14 July 2015, No. 766-VIII of 10 November 2015, No. 794-VIII of 12 November 2015}
g) officers and public officials of the Prosecution Service Authorities, the Security Service of Ukraine, the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine, the Diplomatic Service, the State Forest Protection, the State Protection of the Nature Reserve Fund, the central executive authority implementing the state tax policy and state customs policy;
{Subclause “g” of Clause 1, part 1 of Article 3 as amended by Laws No. 794-VIII of 12 November 2015, No. 440-IX of 14 January 2020}
h) Chairman, Deputy Chairman of the National Agency on Corruption Prevention;
{Subclause “h” of Clause 1, part 1 of Article 3 as revised by Law No. 140-IX of 02 October 2019}
i) members of the Central Election Commission;
{Clause 1, part 1 of Article 3 has been supplemented with a new paragraph “j” under Law No. 766-VIII of 10 November 2015}
k) officers and public officials of other state authorities, government authorities of the Autonomous Republic of Crimea;
l) members of collegial state authorities, including those authorised to consider complaints about violations of public procurement law;
{Clause 1, part 1 of Article 3 has been supplemented with Subclause “l” under Law No. 1540-VIII of 22 September 2016; as revised by Law No. 1219-IX of 05 February 2021}
m) Head of the Office of the President of Ukraine, his First Deputy and Deputies, Commissioners, Press Secretary of the President of Ukraine;
{Clause 1, part 1 of Article 3 has been supplemented with Subclause “m” under Law No. 140-IX of 02 October 2019; as revised by Law No. 524-IX of 04 March 2020, No. 912-IX of 17 September 2020}
n) Secretary of the National Security and Defence Council of Ukraine, his/her assistants and advisers, assistants and advisers to the President of Ukraine (except for persons holding positions of patronage service and persons performing duties on a voluntary basis);
{Clause 1, part 1 of Article 3 has been supplemented with Subclause “n” under Law No. 912-IX of 17 September 2020}
2) persons who for the purposes of this Law are equated to persons authorised to perform the functions of state or local government shall be:
a) officials of public law entities not mentioned in Clause 1, part 1 of this Article, members of the Council of the National Bank of Ukraine (except for the Head of the National Bank of Ukraine), persons who are members of the Supervisory Board of a state bank, for-profit state-owned enterprise or organisation, economic company in which more than 50 per cent of authorised capital shares is owned by the state;
{Subclause “a” of Clause 2, part 1 of Article 3 as amended by Laws No. 1975-VIII of 23 March 2017, No. 140-IX of 02 October 2019, No. 524-IX of 04 March 2020}
b) persons who are not civil servants or local government officials but those who render public services (auditors, notaries, private bailiffs, appraisers and experts, trustees in bankruptcy, independent brokers, members of labour arbitration, arbitrators in the exercise of their functions, other persons stipulated by law);
{Subclause “b” of Clause 2, part 1 of Article 3 as amended by Law No. 1403-VIII of 02 June 2016}
c) representatives of public associations, scientific institutions, educational institutions, experts with the relevant qualification, other persons who are members of the Competition Commissions or Disciplinary Commissions set up under the Law of Ukraine “On Civil Service”, Law of Ukraine “On Service in Bodies of Local Self-Government”, other laws (except for non-resident foreigners who are part of such commissions), the Public Integrity Council established under the Law of Ukraine “On the Judicial System and Status of Judges”, and are not the persons mentioned in Clause 1 and Subclause “а” of Clause 2, part 1 of this Article;
{Clause 2, part 1 of Article 3 has been supplemented with Subclause “c” under Law No. 889-VIII of 10 December 2015; as amended by Law No. 1975-VIII of 23 March 2017; as revised by Law No. 140-IX of 02 October 2019}
3) persons permanently or temporarily holding positions related to the implementation of organisational-administrative or administrative-economic duties or specially authorised to perform such duties in legal entities of private law, regardless of the legal form and form of incorporation, and other persons who are not officers but who work or provide services under contract with enterprise, institution or organisation, – in cases stipulated by this Law;
{Clause 3, part 1 of Article 3 as amended by Law No. 198-VIII of 12 February 2015}
4) candidates for the position of the President of Ukraine and candidates for Members of Parliament of Ukraine who are registered under the procedure established by law.
{Part 1 of Article 3 has been supplemented with Clause 4 under Law No. 1975-VIII of 23 March 2017; as revised by Law No. 805-IX of 16 July 2020}
{Clause 5, part 1 of Article 3 has been deleted under Law No. 140-IX of 02 October 2019}
{Note of Article 3 has been deleted under Law No. 140-IX of 02 October 2019}
Section II
NATIONAL AGENCY ON CORRUPTION PREVENTION
Article 4. Status of the National Agency on Corruption Prevention
1. The National Agency on Corruption Prevention (hereinafter – the National Agency) shall be a central executive authority (with a special status) shaping and implementing the state anti-corruption policy.
2. The National Agency, within the limits defined by this and other laws, shall report to and be controlled by the Verkhovna Rada of Ukraine and be accountable to the Cabinet of Ministers of Ukraine.
3. The National Agency shall be established by the Cabinet of Ministers of Ukraine in accordance with the Constitution of Ukraine, this and other laws of Ukraine.
The Chairman of the National Agency shall present the National Agency’s activities to the Cabinet of Ministers of Ukraine.
4. The Constitution of Ukraine, international treaties ratified by the Verkhovna Rada of Ukraine, this and other laws of Ukraine, and regulatory acts adopted in accordance with them shall constitute the legal basis for the National Agency’s work.
The Law of Ukraine “On Central Bodies of Executive Power” and other regulatory acts governing the activities of executive authorities, as well as the Law of Ukraine “On Civil Service” shall apply to the National Agency, civil servants and employees of its Staff, as well as to its powers in relation to the authorised units (authorised persons) on corruption prevention and detection to the extent not inconsistent with this Law.
{Paragraph 2, part 4 of Article 4 as amended by Law No. 140-IX of 02 October 2019}
{Part 5 of Article 4 has been deleted under Law No. 140-IX of 02 October 2019}
Article 5. Management of the National Agency
1. Management of the activities of the National Agency shall be exercised by its Chairman, who shall be appointed and dismissed by the Cabinet of Ministers of Ukraine under the procedure established by this Law.
2. The Chairman of the National Agency shall be a citizen of Ukraine, not younger than thirty-five years old, who has higher education, speaks the state language, is honest and competent, capable of performing respective official responsibilities because of his/her proper business and moral traits, educational and professional level, and state of health.
For the purposes of this Law, higher education shall be considered education obtained in Ukraine (or on the territory of the former USSR before 01 December 1991) at the educational qualification level of a Specialist’s or Master's degree, as well as higher education at the relevant educational qualification level obtained in foreign countries.
3. A person may not be appointed Chairman or Deputy Chairman of the National Agency if this person:
1) has been declared incapable or partially capable by a court judgment;
2) has a criminal record for committing a criminal offence, if such a criminal record has not been expunged or removed as stipulated by the law (except for rehabilitated person);
{Clause 2, part 3 of Article 5 as amended by Law No. 720-IX of 17 June 2020}
3) has had a criminal conviction for committing a corruption crime, which has entered into force, or has been subject to an administrative penalty during the last year for committing a corruption-related offence;
4) has been deprived of the right to engage in activities related to fulfilling the functions of the state, or to occupy certain positions, in accordance with a court sentence that has come into force;
5) has participated in governing bodies of a political party, or has had work or other contractual relations with a political party within two years prior to the application to participate in the competition for the position;
6) has not filed the declaration of a person authorised to perform the functions of the state or local government for the last year under this Law;
7) has not passed a background check or has not given consent for it to be conducted.
4. The Chairman of the National Agency shall be appointed for a period of four years. The same person cannot hold the position of the Chairman of the National Agency for two consecutive terms.
5. The powers of the Chairman of the National Agency shall be terminated by the Cabinet of Ministers of Ukraine ahead of time in the case of:
1) appointment or election to another position, upon his/her consent;
2) reaching the age of sixty-five;
3) inability to exercise his/her powers for health reasons in accordance with a statement of a medical commission formed by a specially authorised central executive authority implementing the state policy in the field of public healthcare;
4) entry into force of a court ruling declaring him/her incapacitated or limiting his/her civil capacity, declaring him/her missing or dead;
5) entry into force of the court's conviction against him/her;
6) termination of his/her Ukrainian citizenship or his/her departure from Ukraine for permanent residence abroad;
7) submission of an application for voluntary termination of employment, resignation;
9) a statement by the Commission for Independent Evaluation of the National Agency's Performance on the inefficiency of such activity;
10) entry into force of a court decision on recognising as unjustified his/her assets or assets acquired on his/her behalf by other persons or in other cases stipulated by Article 290 of the Civil Procedural Code of Ukraine, and their alienation in favor of the state.
{Part 5 of Article 5 has been supplemented with a new paragraph under Law No. 263-IX of 31 October 2019}
The powers of the Chairman of the National Agency shall be terminated due to the expiration of his/her term of office.
Termination of powers of the Chairman of the National Agency shall be prohibited for any other reason.
6. The Chairman of the National Agency may have three Deputies, appointed and dismissed by the Chairman.
{Article 5 as revised by Law No. 140-IX of 02 October 2019}
Article 6. Procedure for competitive selection and appointment of the Chairman of the National Agency
1. The Chairman of the National Agency shall be appointed in accordance with the results of open competitive selection.
The competition and selection process shall be organised by the Competition Commission for Selection of the Chairman of the National Agency (hereinafter – the Competition Commission).
2. The Competition Commission shall consist of:
1) three persons appointed by the Cabinet of Ministers of Ukraine;
2) three persons appointed by the Cabinet of Ministers of Ukraine based on proposals of donors who have been providing international technical assistance to Ukraine in preventing and combating corruption during the last two years prior to expiration or early termination of term of office of the Chairman of the National Agency.
The Central executive authority in charge of shaping and implementing the state policy on attracting international technical assistance shall determine the list of such donors not later than three months prior to the expiration of the term of office of the Chairman of the National Agency or within three working days from the date of early termination of the term of office (dismissal) under the procedure established by this Law.
Any such donor may propose to the Cabinet of Ministers of Ukraine any number of candidates to the Competition Commission, or agree to propose a common list of candidates to the Competition Commission.
The decision to appoint members of the Competition Commission shall be made at an open meeting of the Cabinet of Ministers of Ukraine. Such a decision shall include a list of nominated members of the Competition Commission as well as a list of candidates to replace members of the Competition Commission in case of early termination of their powers (at least two candidates, including at least one candidate proposed by the donors who have been providing international technical assistance to Ukraine in preventing and combating corruption during the last two years prior to the expiration or termination of the term of office of the Chairman of the National Agency).
3. The members of the Competition Commission may be persons having perfect business reputation, high professional and moral qualities, public esteem, as well as experience in the field of preventing and/or combating corruption. Persons referred to in Clauses 1–4, part 3, Article 5 of this Law, and persons authorised to perform the functions of state or local government under Part 1, Article 3 of this Law may not be the members of the Commission.
4. The Competition Commission shall be formed not later than two months prior to the expiration of the term of office of the Chairman of the National Agency or within 14 days from the date of early termination thereof (dismissal) under the procedure established by this Law.
The Competition Commission shall be considered authoritative if it includes four persons, with three of them appointed by the Cabinet of Ministers of Ukraine based on proposals of donors who have been providing international technical assistance to Ukraine in preventing and combating corruption during the last two years prior to expiration or early termination of the term of office of the Chairman of the National Agency.
The term of office of a member of the Competition Commission shall be two years from the date of appointment.
The powers of a member of the Competition Commission shall be terminated ahead of time in the event of:
1) filing of a personal application for termination of powers of a member of the Competition Commission;
2) filing by the Competition Commission a proposal for early termination of powers of its member;
3) entry into force of the court's conviction against him/her;
4) recognising him/her as incapable or missing;
5) detecting the non-compliance of the Competition Commission member with the requirements specified in this Article;
The decision on early termination of powers of a member of the Competition Commission shall be made by the Cabinet of Ministers of Ukraine, which then shall appoint a member of the Competition Commission as a replacement.
5. The Competition Commission’s decision shall be considered passed if four members of the Competition Commission voted in favor of it at a meeting, including three members from among persons appointed based on proposals of donors who have been providing international technical assistance to Ukraine in preventing and combating corruption during the last two years prior to expiration or early termination of the term of office of the Chairman of the National Agency.
The member of the Competition Commission may participate in its meeting remotely by means of electronic communication.
Meetings of the Competition Commission shall be open to media representatives and journalists. The Secretariat of the Cabinet of Ministers of Ukraine shall provide video- and audio recording and broadcasting in real time of the relevant video and audio data from the Competition Commission’s meetings on the official website of the Cabinet of Ministers of Ukraine.
Information about the time and venue of the Competition Commission’s meeting shall be published on the official website of the Cabinet of Ministers of Ukraine not later than 48 hours before the commencement of such meeting.
The Secretariat of the Cabinet of Ministers of Ukraine shall provide organisational and technical support for the activities of the Competition Commission.
The activities of the Competition Commission and its members, including the Secretariat set up to assist in their activities, may be funded through the involvement of international technical assistance.
6. The Competition Commission shall:
1) determine and promulgate the rules of its work;
2) determine and promulgate criteria and methods of evaluation of candidates for the position of the Chairman of the National Agency;
3) determine the conditions and terms of the competition, publish the respective announcement via the national printed media and on the official website of the Cabinet of Ministers of Ukraine;
4) process the documents submitted by individuals for participation in the competition;
5) assess the candidate's professional knowledge and qualities, study materials about the candidate;
6) interview the selected candidates at its meeting;
7) determine, through open voting, from among candidates who have passed the interview, the candidate who, as per a reasoned decision of the Competition Commission, has the best professional experience, knowledge and qualities to perform the duties of the Chairman of the National Agency, and also meets the criteria of competence and integrity; file a request to the Cabinet of Ministers of Ukraine on the candidate’s appointment to the position of the Chairman of the National Agency;
8) publish on the official website of the Cabinet of Ministers of Ukraine information on the persons who have applied to participate in the competition, as well as information on the candidates selected for the interview and the candidate selected by the Competition Commission for appointment as the Chairman of the National Agency;
9) conduct another competition when all candidates are rejected due to their noncompliance with the requirements established for the position of the Chairman of the National Agency.
7. The members of the Competition Commission shall have the right to:
1) collect, verify and analyse information, including restricted information, on candidates for the position of the Chairman of the National Agency;
2) free-of-charge access to the registers, databases held (managed) by the state authorities;
3) participate in meetings and other events held by the Competition Commission;
4) request – from the candidates for the position of the Chairman of the National Agency, as well as any other individuals or legal entities – the explanations, documents or information necessary for the consideration of candidates for the position of the Chairman of the National Agency;
5) employ assistants to collect, verify and analyse information, including restricted information.
Assistants shall be obliged to provide protection and non-disclosure of personal data, restricted information that became known to them in the course of performing their respective duties.
8. The members of the Competition Commission shall be obliged to:
1) provide protection and non-disclosure of personal data, restricted information that became known to the Competition Commission or its member in the course of exercising their powers;
2) participate in the work of the Competition Commission personally without delegating their powers to other persons, including other members of the Competition Commission;
3) not to use personal data and other information that became known to them in the course of participation in the Competition Commission, for purposes other than for the fulfillment of their duties as members of the Competition Commission;
4) refuse to participate in the gathering of information about a candidate for the position of the Chairman of the National Agency and in considering such candidate, if the member of the Competition Commission has or has had personal or business relations with such candidate and/or in case of other conflict of interests or circumstances that may affect the objectivity and impartiality of a member of the Competition Commission when deciding on a candidate for the position of the Chairman of the National Agency.
9. The person applying for the competition shall submit the following documents prior to the deadline determined in the announcement:
1) an application for participation in the selective competition together with a consent for background check in accordance with this Law and for processing his/her personal data in accordance with the Law of Ukraine “On Personal Data Protection;”
2) a curriculum vitae which should include: last name, first name and patronymic (if any), day, month, year and place of birth, citizenship, information about education, work, position (occupation), place of work, civil work (including elected positions), membership in political parties including those in the past, the presence of labour or any other contractual relationship with a political party during two years preceding the day of submission of the application (regardless of duration of such relationships), contact telephone number and email address, and the presence or absence of a criminal record imposing administrative punishment on the individual for committing a corruption-related offence;
3) a motivation letter stating the person’s motives for being elected to the position of the Chairman of the National Agency and his/her vision of possible future actions at this position;
4) a copy of the declaration of the person authorised to perform functions of state or local government for the year preceding the year in which the announcement about the selective competition was made public, and a link to the relevant page of the Unified State Register of Declarations of Persons Authorised for State or Local Government Functions;
5) other documents, the submission of which is stipulated in this Law for conducting a background check.
The information in documents submitted under this Article, except for information that in accordance with this Law is referred to as classified information, data about the contact phone number and email address of the candidate, shall be published on the official website of the Cabinet of Ministers of Ukraine within three working days after the deadline for submission of applications for the selective competition.
{Article 6 as revised by Law No. 140-IX of 02 October 2019}
Article 7. Powers of the Chairman of the National Agency and his/her Deputies
1. The Chairman of the National Agency shall:
1) organise and control the work of the National Agency, bear personal responsibility for legality, transparency and efficiency of the National Agency, report on the work of the National Agency;
2) appoint and dismiss employees of the National Agency;
3) assign civil servant ranks to the National Agency employees, take incentive measures as well as bring employees of the National Agency to disciplinary responsibility according to the decision of the National Agency Disciplinary Board;
4) distribute responsibilities between the Deputies of the Chairman of the National Agency;
5) make decisions under the established procedure on allocating budget funds which are managed by the National Agency;
6) approve the manning table and the estimate of the National Agency, regulations on territorial bodies of the National Agency;
7) approve prospective, current and operational plans of the National Agency, determine performance indicators of the National Agency;
8) represent the National Agency in its relations with courts, other state authorities, local governments, public associations, enterprises, institutions and organisations as well as international bodies of foreign states and foreign organisations, etc.;
9) take measures to prevent unauthorised access to restricted information, ensure compliance with the legislation on access to public information managed by the National Agency, and protection of personal data owned by the National Agency;
10) issue decrees and instructions within his/her competence;
11) have the right to attend meetings of the Verkhovna Rada of Ukraine, its committees and permanent, ad hoc, special and temporary investigatory commissions, as well as participate in an advisory capacity in meetings of the Cabinet of Ministers of Ukraine, other state authorities and local governments in the case of considering issues related to the shaping and implementation of anti-corruption policy;
12) exercise other powers in accordance with this Law and other laws.
2. The Deputies of the Chairman of the National Agency shall exercise their powers in accordance with the allocation of responsibilities approved by the Chairman of the National Agency, and shall exercise the powers of the Chairman in the absence thereof as per the order of the Chairman of the National Agency.
{Article 7 as revised by Law No. 140-IX of 02 October 2019}
Article 8. Organisation of the National Agency’s activities
{Part 1 of Article 8 has been deleted under Law No. 140-IX of 02 October 2019}
2. The Staff of the National Agency shall perform organisational, informational, reference and other support of the National Agency’s activities.
The regulation on the National Agency’s Staff, its structure and regulations on the separate structural units of the Staff shall be approved by the Chairman of the National Agency. The maximum number of employees of the National Agency's Staff shall be approved by the Cabinet of Ministers of Ukraine upon submission of the Chairman of the National Agency.
{Paragraph 2, part 2 of Article 8 as amended by Law No. 140-IX of 02 October 2019}
The Chief of the Staff and his/her Deputies shall be appointed and dismissed by the Chairman of the National Agency; other Staff members (except employees who perform the functions of maintenance or patronage) shall be appointed as per results of open competition, except in case of transfer under the procedure established by the Law of Ukraine “On Civil Service”. The regulations on open competition in the National Agency shall be approved by the Chairman of the National Agency.
{Paragraph 3, part 2 of Article 8 as revised by Law No. 140-IX of 02 October 2019}
3. No more than six regional offices of the National Agency, the territory of which not necessarily coincides with an administrative and territorial division, may be established by the decision of the Chairman of the National Agency.
{Paragraph 1, part 3 of Article 8 as revised by Law No. 140-IX of 02 October 2019}
Heads of territorial offices (if established) of the National Agency shall be appointed and dismissed by the Chairman of the National Agency.
{Paragraph 2, part 3 of Article 8 as amended by Law No. 140-IX of 02 October 2019}
4. Employees of the National Agency's Staff and the Staff of its territorial offices (if established) shall undergo mandatory advanced training on a regular basis, but not less than once every two years.
Article 9. Guarantees of the National Agency’s independence
1. The National Agency’s independence from influence or interference in its activities shall be guaranteed by:
1) the special status of the National Agency;
2) the special procedure of selection, appointment and termination of office of the Chairman of the National Agency;
{Clause 2, part 1 of Article 9 as amended by Law No. 140-IX of 02 October 2019}
3) the special procedure established by law for funding and logistical support of the National Agency;
4) the proper conditions of remuneration for the Chairman, a Deputy Chairman of the National Agency, and officials of the National Agency's Staff, stipulated by this Law and other laws;
{Clause 4, part 1 of Article 9 as amended by Law No. 140-IX of 02 October 2019}
5) the transparency of its activities;
6) other means stipulated by this Law.
2. In the course of performance of their duties, the Chairman, Deputy Chairman of the National Agency and officials of the Staff of the National Agency shall be deemed government officials acting on behalf of the state, and fall under its protection.
{Part 2 of Article 9 as revised by Law No. 140-IX of 02 October 2019}
3. Use of the National Agency for party, group or private interests shall not be allowed. Activities of political parties at the National Agency shall be prohibited.
4. It shall be prohibited for state authorities, authorities of the Autonomous Republic of Crimea, local governments and their officers and public officials, political parties, associations and other entities to interfere in the activities of the National Agency in the course of the performance of its duties.
Any written or verbal instructions, requirements, orders, etc. filed to the National Agency or its employees concerning the powers of the National Agency, but not stipulated by the legislation of Ukraine, shall be unlawful and must not be complied with. In case of receiving such instruction, requirement, order, etc., an employee of the National Agency shall immediately inform the Chairman of the National Agency thereof in writing.
{Part 4 of Article 9 has been supplemented with paragraph 2 under Law No. 140-IX of 02 October 2019}
5. Suspicion of a criminal offence in regard to the Chairman, Deputy Chairman of the National Agency may be announced only by the Prosecutor General (acting Prosecutor General) or Deputy Prosecutor General – the Head of the Specialised Anti-Corruption Prosecution.
The Prosecutor General, his/her Deputy or the Head of the Specialised Anti-Corruption Prosecution, under the established procedure, may file a request for removal from office of the Chairman, Deputy Chairman of the National Agency on Corruption Prevention who is suspected or accused of a crime.
{Paragraph 2, part 5 of Article 9 as amended by Law No. 720-IX of 17 June 2020}
{Part 5 of Article 9 as amended by Law No. 1798-VIII of 21 December 2016; as revised by Law No. 140-IX of 02 October 2019}
6. The Chairman, Deputy Chairman of the National Agency, officials of the National Agency's Staff, their close persons and their property shall be protected by the state. In the event of a relevant notification by the Chairman, Deputy Chairman of the National Agency, the National Police authorities shall take necessary measures to ensure the security of the Chairman, Deputy Chairman of the National Agency and their close persons, and to safeguard their property.
{Part 6 of Article 9 as amended by Law No. 766-VIII of 10 November 2015; as revised by Law No. 140-IX of 02 October 2019}
7. An attempt on the life and health of the Chairman, Deputy Chairman of the National Agency, official of the National Agency's Staff, their close persons, destruction of or damage to their property, threatening them with murder, violence or destruction of property shall entail legal liability as stipulated by the law.
{Part 7 of Article 9 as revised by Law No. 140-IX of 02 October 2019}
8. The Chairman, Deputy Chairman of the National Agency shall have the right to protection provided by the National Police authorities.
{Part 8 of Article 9 as amended by Law No. 766-VIII of 10 November 2015; as revised by Law No. 140-IX of 02 October 2019}
Article 10. Legal status of the employees of the National Agency's Staff and regional offices
{Title of Article 10 as revised by Law No. 140-IX of 02 October 2019}
{Part 1 of Article 10 has been deleted under Law No. 140-IX of 02 October 2019}
2. The civil servants and other employees who perform maintenance functions shall be the employees of the National Agency's Staff and its regional offices.
{Part 2 of Article 10 as amended by Law No. 140-IX of 02 October 2019}
Article 11. Powers of the National Agency
1. The National Agency shall have the following powers:
the state of corruption prevention and countering in Ukraine, the activities of state authorities, authorities of the Autonomous Republic of Crimea and local governments on preventing and countering corruption;
statistics, results of studies and other information pertaining to corruption;
2) drafting the Anti-Corruption Strategy and the State Programme for its implementation, monitoring coordination and evaluation of implementation effectiveness of the Anti-Corruption Strategy;
3) preparing and filing to the Cabinet of Ministers of Ukraine, as prescribed by law, of a draft national report on the implementation of the principles of anti-corruption policy;
4) shaping and implementing anti-corruption policy and drafting the regulatory acts on these issues;
5) organizing research on the situation with corruption;
{Clause 6, part 1 of Article 11 has been deleted under Law No. 1079-IX of 15 December 2020}
6- 1) monitoring and controling implementation of legislation on ethical behavior, preventing and settling the conflicts of interest in the activities of the persons authorised to perform the functions of state or local government and persons equated to them;
{Part 1 of Article 1 has been supplemented with Clause 6-1 under Law No. 1079-IX of 15 December 2020}
7) coordinating and rendering methodological assistance in detection by state authorities, authorities of the Autonomous Republic of Crimea and local government authorities of corruption risks in their activities and implementation of measures to address them, including the preparation and implementation of anti-corruption programs;
{Clause 7, part 1 of Article 11 as amended by Law No. 524-IX of 04 March 2020}
7-1) implementing, under the procedure established by this Law, the monitoring and verification of declarations of the subjects of declaration, storage and disclosure of such declarations, and monitoring the lifestyle of the subjects of declaration;
{Part 1 of Article 11 has been supplemented with Clause 7-1 under Law No. 1079-IX of 15 December 2020}
{Clause 8, part 1 of Article 11 has been deleted under Law No. 1079-IX of 15 December 2020}
8-1) implementating, pursuant to the procedure and within the limits stipulated by this Law, the state monitoring of the observance of legal restrictions on the financing of political parties, lawful and purposeful use by political parties of funds allocated from the state budget to finance their statutory activities, the timeliness of parties’ reports on property, income, expenses and financial liabilities, reports on the receipt and use of election funds for state and local elections, reports on the receipt and use of funds from the campaign fund for the all-Ukrainian referendum initiative, reports on receipt and use of funds of the all-Ukrainian referendum fund, reports on the receipt and use of funds from the initiative group fund, the completeness of such reports, reports of an independent external audit of the financial activities of the parties, the conformity of their registration with the established requirements, and the reliability of the information included in these reports;
{Part 1 of Article 11 has been supplemented with Clause 8-1 under Law No. 731-VIII of 08 October 2015; as amended by Law No. 1135-IX of 26 January 2021}
8-2) approving the distribution of funds allocated from the state budget to finance the statutory activities of political parties, in accordance with the law;
{Part 1 of Article 11 has been supplemented with Clause 8-2 under Law No. 731-VIII of 08 October10.2015}
9) ensuring proper maintenance of the Unified State Register of Declarations of Persons Authorised to Perform the Functions of State or Local Government and the Unified State Register of Perpetrators of Corruption or Corruption-Related Offences;
{Clause 10, part 1 of Article 11 has been deleted under Law No. 889-VIII of 10 December 2015}
11) coordinating, within their competence, ensuring methodological support and analysis of the efficiency of work of the authorised units (authorised persons) on corruption prevention and detection;
12) approving the anti-corruption programs of the state authorities, authorities of the Autonomous Republic of Crimea and local governments, and elaborating a typical format of the anti-corruption programme of a legal entity;
13) receiving and reviewing notifications, cooperating with whistle-blowers, ensuring their legal and other protection, checking compliance with legislation on the protection of whistle-blowers, issuing orders requiring the elimination of violations of labour (termination of employment, transfers, performance appraisals, changes in working conditions, denial of appointment to a higher position, reduction in pay, etc.) and other rights of whistle-blowers and bringing those responsible for violating their rights to justice in connection with such reports;
{Clause 13, part 1 of Article 11 as revised by Law No. 198-IX of 17 October 2019}
14) organising training, retraining and advanced training of civil servants of state authorities and authorities of the Autonomous Republic of Crimea, and local government officials on issues related to the prevention of corruption (except for the advanced training of civil servants of state authorities and local government officials);
{Clause 14, part 1 of Article 11 as amended by Law No. 889-VIII of 10 December 2015}
15) providing clarification, guidance and consulting on the application of legislation on ethical conduct, preventing and settling the conflicts of interest in the activities of the persons authorised to perform the functions of state or local government and persons equated to them, applying other provisions of this Law and regulatory acts on the protection of whistle-blowers adopted for its implementation;
{Clause 15, part 1 of Article 11 as amended by Laws No. 140-IX of 02 October 2019, No. 198-IX of 17 October 2019}
16) informing the public about measures taken by the National Agency to prevent corruption and implementing measures aimed at forming public awareness of the negative attitude to corruption;
17) involving public in the shaping, implementing and monitoring of anti-corruption policy;
18) coordinating the implementation of international commitments in the shaping and implementing anti-corruption policy, cooperating with state authorities, non-governmental organisations of foreign states and international organisations within its competence;
19) performing exchange of information with the competent authorities of foreign states and international organisations;
20) other powers stipulated by law.
Article 12. Rights of the National Agency
1. The National Agency shall have the following rights for the implementation of its powers:
{Clause 1, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
1-1) to obtain information, under the procedure stipulated by law and upon written requests, from state authorities, authorities of the Autonomous Republic of Crimea, local government, business entities regardless of their form of ownership and their officials, citizens and their associations, including restricted information, as may be necessary to fulfil its objectives;
{Part 1 of Article 12 has been supplemented with Clause 1-1 under Law No. 1079-IX of 15 December 2020}
1-2) to have direct access to information and telecommunication and reference systems, registers, databases, including those containing restricted information, the holders (administrators) of which are state authorities or local government, to use state, including government means of communications, special communications networks and other technical means. Obtaining information from the Unified Register of Pre-trial Investigations shall be carried out under the procedure and to the extent determined by joint order of the National Agency and the Prosecutor General.
The processing of such information shall be carried out by the National Agency in compliance with the legislation on protection of personal data and secrecy protected by law;
{Part 1 of Article 12 has been supplemented with Clause 1-2 under Law No. 1079-IX of 15 December 2020}
{Clause 2, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
2-1) to obtain information from open databases, registers of foreign countries, including after payment for receiving relevant information, if such payment is required for access to information;
{Part 1 of Article 12 has been supplemented with Clause 2-1 under Law No. 140-IX of 02 October 2019}
3) to engage scientists (including on a contractual basis), employees of state authorities, authorities of the Autonomous Republic of Crimea and local government in certain activities, in accordance with the established procedure, for participation in the study of certain issues;
4) to create commissions and working groups, to organise conferences, seminars and meetings on preventing and countering corruption;
5) to adopt binding regulatory acts on issues within its competence;
5-1) to receive statements from individuals and legal entities regarding violations of this Law, and perform checks of possible violations of this Law, acting on its own initiative;
{Part 1 of Article 12 has been supplemented with Clause 5-1 under Law No. 1079-IX of 15 December 2020}
5-2) to inspect the organised work on preventing and identifying corruption in state authorities, authorities of the Autonomous Republic of Crimea and local government, legal entities of public law and legal entities specified in part 2, Article 62 of this Law, in particular regarding the drafting and implementation of the anti-corruption programs, establishment and operation of internal and regular channels to report possible facts of corruption or corruption-related offences, other violations of this Law, protection of whistle-blowers;
{Part 1 of Article 12 has been supplemented with Clause 5-2 under Law No. 1079-IX of 15 December 2020}
5-3) to issue precepts concerning violations of statutory requirements on ethical conduct, prevention and resolution of a conflict of interest, and other requirements and restrictions set forth in this Law;
{Part 1 of Article 12 has been supplemented with Clause 5-3 under Law No. 1079-IX of 15 December 2020}
5-4) to obtain written explanations from persons authorised to perform the functions of state or local government, economic entities, regardless of their form of ownership, their officials, citizens and their associations, pertaining to circumstances that may indicate a breach of ethical conduct, prevention and settlement of conflicts of interest and other requirements and restrictions stipulated by this Law regarding the correctness of the information specified in the declarations of persons authorised to perform state or local government functions;
{Part 1 of Article 12 has been supplemented with Clause 5-4 under Law No. 1079-IX of 15 December 2020}
5-5) to obtain written explanations from persons authorised to perform the functions of state or local government, persons equated to them, employees of legal entities under public law and legal entities specified in part 2, Article 62 of this Law regarding circumstances that may indicate violation of this Law on the protection of whistle-blowers;
{Part 1 of Article 12 has been supplemented with Clause 5-5 under Law No. 1079-IX of 15 December 2020}
5-6) to file claims (applications) to the court to recognise as unlawful regulatory acts and personal decisions issued (taken) in breach of the requirements and restrictions stipulated by this Law; to invalidate contracts signed as a result of the commission of corruption or a corruption-related offence;
{Part 1 of Article 12 has been supplemented with Clause 5-6 under Law No. 1079-IX of 15 December 2020}
5-7) in the event that the Agency establishes evidence that a person authorised to perform the functions of the state or local government acquired unjustified assets or that such assets were acquired by another person on his/her behalf or in other cases provided for by Article 290 of the Civil Procedural Code of Ukraine, ? to raise before the Specialised Anti-Corruption Prosecution or, in the cases specified by law, before the Office of the Prosecutor General, the question of going to court with a claim for recognition of unjustified assets and their alienation in favor of the state;
{Part 1 of Article 12 has been supplemented with Clause 5-7 under Law No. 1079-IX of 15 December 2020}
{Clause 6, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Clause 7, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Clause 8, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Clause 9, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Clause 9-1, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Clause 10, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Clause 10-1, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
11) to approve the methodology for corruption risk assessment in the activities of state authorities; to analyse the anti-corruption programs of state authorities and to make suggestions for such programs that are mandatory for review;
11-1) to initiate an official investigation, taking measures to bring to justice those guilty of committing corruption or corruption-related offences, and to send materials to other specially authorised counter-corruption entities that show evidence of such offences;
{Part 1 of Article 12 has been supplemented with Clause 11-1 under Law No. 1079-IX of 15 December 2020}
11-2) to draw up protocols on administrative offences referred by law to the competence of the National Agency; to apply measures that are prescribed by law to further case proceedings involving administrative offences;
{Part 1 of Article 12 has been supplemented with Clause 11-2 under Law No. 1079-IX of 15 December 2020}
{Clause 12, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Clause 12-1, part 1 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
13) other rights stipulated by law.
{Part 2 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Part 3 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Part 4 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
{Part 5 of Article 12 has been deleted under Law No. 1079-IX of 15 December 2020}
6. If violations of this Law regarding ethical behavior, prevention and settlement of conflicts of interest are identified in the activities of persons authorised to perform the functions of state or local government and persons equated to them, protection of whistle-blowers or any other violations of this Law, the National Agency shall issue a precept to the head of the body, enterprise, or institution to eliminate violations of the law, to conduct an official investigation, and bring the perpetrator to statutory liability.
The precept of the National Agency shall be binding. The official to whom the precept of the National Agency is addressed shall inform the National Agency of the results of its performance within ten working days after receipt of the said precept.
The precept shall not be issued in case of violation of the requirements of this Law on ethical conduct, prevention and settlement of conflicts of interest in the activities of a judge, a judge of the Constitutional Court of Ukraine. The National Agency shall inform the High Council of Justice or the Constitutional Court of Ukraine, respectively, about the detection of such violations. The High Council of Justice, the Constitutional Court of Ukraine, in accordance with the powers granted by law, shall decide on bringing a judge, a judge of the Constitutional Court of Ukraine to disciplinary responsibility under the procedure established by law.
A precept of the National Agency shall not be imposed on issues directly related to the administration of justice by a judge, as well as the exercise of constitutional proceedings by a judge of the Constitutional Court of Ukraine.
{Article 12 has been supplemented with part 6 under Law No. 1079-IX of 15 December 2020}
7. If signs of administrative corruption-related offences are detected, the authorised representatives of the National Agency shall produce a protocol on the offence and send it to the court under the procedure established by the National Agency.
If signs of administrative corruption-related offences committed by a judge, a judge of the Constitutional Court of Ukraine are detected, the Chairman of the National Agency or his/her Deputy shall draw up a protocol on the offence and send it to the court under the procedure established by law, and shall inform the High Council of Justice or the Chairman of the Constitutional Court of Ukraine thereof.
If signs of other corruption or corruption-related administrative offence are detected, the National Agency shall approve a reasoned opinion and forward it to other specially authorised counter-corruption entities.
If signs of other corruption or corruption-related administrative offence committed by a judge, a judge of the Constitutional Court of Ukraine are detected, the Chairman of the National Agency or his/her Deputy shall approve a reasoned opinion and forward it to other specially authorised counter-corruption entities, and also inform the High Council of Justice or the Chairman of the Constitutional Court of Ukraine, respectively, of the fact that such an opinion was approved.
An opinion of the National Agency shall be mandatory for review and the results of such review shall be informed to it within five days of receipt of the report of the offence committed.
{Article 12 has been supplemented with part сьомою under Law No. 1079-IX of 15 December 2020}
8. The state authorities, authorities of the Autonomous Republic of Crimea, local government, individuals and legal entities shall be required to provide the requested documents or information requested by the National Agency, including restricted information, within ten working days upon receipt of the request, and in the case of a request for background check, within three days.
{Article 12 has been supplemented with part 8 under Law No. 1079-IX of 15 December 2020}
9. Regulatory acts of the National Agency shall be subject to state registration by the Ministry of Justice of Ukraine and shall be included into the Unified State Register of Regulatory Acts.
Regulatory acts of the National Agency, which have passed state registration, shall enter into force on the day of their official publication, unless otherwise provided for by the acts themselves, but not earlier than the day of official publication.
Regulatory acts of the National Agency, after inclusion in the Unified State Register of Regulatory Acts, shall be published in official printed publications in the state language.
Other acts of the National Agency shall come into force on the day of their passing, unless otherwise stipulated by the acts themselves, but not earlier than the day of their passing, and shall be brought to the attention of the persons covered by such acts under the procedure established by the National Agency.
Acts of the National Agency shall be published by posting them on the official website of the National Agency.
{Article 12 has been supplemented with part 9 under Law No. 1079-IX of 15 December 2020}
Article 13. Authorised persons of the National Agency on Corruption Prevention
1. The authorised persons of the National Agency shall be the Chairman, the Deputy Chairman of the National Agency and officials authorised by the Chairman of the National Agency.
The authorised persons of the National Agency shall have the right to:
{Part 1 of Article 13 has been supplemented with paragraph 2 under Law No. 1079-IX of 15 December 2020}
unhindered access to the premises of the state authorities, authorities of the Autonomous Republic of Crimea, local state authorities, legal entities under public law and legal entities specified in part 1, Article 62 of this Law upon presentation of an employee ID card, and access to documents or other materials as may be necessary to conduct inspections;
{Part 1 of Article 13 has been supplemented with paragraph 3 under Law No. 1079-IX of 15 December 2020}
request any necessary documents or other information, including those with the restricted access, in connection with the exercise of their powers;
{Part 1 of Article 13 has been supplemented with paragraph 4 under Law No. 1079-IX of 15 December 2020}
obtain, within their competence, written clarifications from officers and officials of state authorities, authorities of the Autonomous Republic of Crimea, local governments, economic entities, regardless of their form of ownership, their officials, citizens and their associations;
{Part 1 of Article 13 has been supplemented with paragraph 5 under Law No. 1079-IX of 15 December 2020}
according to the allocation of responsibilities, draw up protocols on administrative offences in cases within the powers of the National Agency;
{Part 1 of Article 13 has been supplemented with paragraph 6 under Law No. 1079-IX of 15 December 2020}
represent the National Agency in the courts under the procedure established by law;
{Part 1 of Article 13 has been supplemented with paragraph 7 under Law No. 1079-IX of 15 December 2020}
carry out inspections on the issues assigned by this Law to the powers of the National Agency. The allocation of responsibilities for conducting inspections between authorised persons of the National Agency shall be carried out automatically under the procedure established by the Chairman of the National Agency.
{Part 1 of Article 13 has been supplemented with paragraph 8 under Law No. 1079-IX of 15 December 2020}
{Part 1 of Article 13 as revised by Law No. 140-IX of 02 October 2019}
{Part 2 of Article 13 has been deleted under Law No. 1079-IX of 15 December 2020}
3. Unless the National Agency authorises its persons otherwise, they may not be members of commissions, committees or other bodies established by the state authorities or local governments.
4. The Chairman, Deputy Chairman of the National Agency, its officials and administrative staff shall be prohibited from disclosing classified information acquired in connection with the performance of their official duties, except in cases established by the law.
{Part 4 of Article 13 as amended by Law No. 140-IX of 02 October 2019}
Article 13-1. Authorised units (authorised persons) on corruption prevention and detection
1. For the purpose of organising and carrying out measures on corruption prevention and detection stipulated by this Law, the authorised units (authorised persons) on corruption prevention and detection shall be established (determined).
The authorised units (authorised persons) on corruption prevention and detection shall be established (determined) at:
the Office of the President of Ukraine, the Staff of the Verkhovna Rada of Ukraine, the Secretariat of the Cabinet of Ministers of Ukraine, the Secretariat of the Ukrainian Parliament Commissioner;
the Staffs of the National Security and Defense Council of Ukraine, the Accounting Chamber, the Supreme Court, the High Anti-Corruption Court, the Constitutional Court of Ukraine, the National Bank of Ukraine, the Deposit Guarantee Fund for Individuals; the Secretariats of the High Council of Justice, the High Qualification Commission of Judges of Ukraine;
the Staffs and territorial bodies of Ministries, other central executive authorities, other state authorities whose jurisdiction extends to the entire territory of Ukraine (except the National Anti-Corruption Bureau of Ukraine, the National Agency);
the Staff of the Council of Ministers of the Autonomous Republic of Crimea, the Staff of the executive authorities of the Autonomous Republic of Crimea;
the oblast, Kyiv and Sevastopol city, raion, district in the city of Kyiv state administrations;
the Staffs of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, raion, city councils, the Sevastopol City Council, the Secretariat of the Kyiv City Council;
enterprises, institutions and organisations managed by a state authority (except for legal entities where anti-corruption programs are approved in accordance with this Law);
{Part 2 of Article 13–1 has been deleted under Law No. 1079-IX of 15 December 2020}
3. The head of the authorised unit (authorised person) shall be accountable to and under the control of the head of the relevant state or local government authority.
The head of the relevant state or local government authority shall guarantee the independence of the authorised unit (authorised person) from influence on or interference with their work.
4. The head of the authorised unit (authorised person) of a state body whose jurisdiction extends to the entire territory of Ukraine may be dismissed on the initiative of the head, subject to the consent of the National Agency.
The consent of the National Agency shall be given for the purpose of clarifying the circumstances provided for in parts 1 and 3, Article 53-4 of the Law.
{Paragraph 2, part 4 of Article 13-1 as amended by Law No. 524-IX of 04 March 2020}
5. The National Agency shall approve the Model Regulations on the Authorised Unit (Authorised Person) and the procedure for granting permission for dismissal of the head of the authorised unit (authorised person).
The National Agency shall establish mandatory requirements for the minimum staffing of the authorised unit in state authorities.
6. Main tasks of the authorised units (authorised person) shall be:
1) developing, organising and controlling the implementation of measures for the prevention of corruption and corruption-related offences;
2) arranging assessment of corruption risks in the activity of the respective authority, preparation of measures for their elimination, submission of the relevant proposals to the head of such authority;
3) providing methodological and advisory assistance on compliance with the anti-corruption legislation;
4) implementing measures to identify conflict of interest, facilitate its resolution, inform the head of the relevant authority and the National Agency on revealing a conflict of interest, and measures taken to resolve it;
5) verifying the fact of submission of declarations by the subjects and notification of the National Agency on cases of non-submission or untimely submission of such declarations under the procedure established by the Law;
6) exercising control over the observance of anti-corruption legislation, including consideration of reports of violations of the requirements of this Law, including at subordinate enterprises, institutions and organisations;
7) ensuring protection of employees who have reported violations of the requirements of this Law from the negative influence by the manager or employer under the legislation on protection of whistle-blowers;
8) informing the head of the relevant authority, the National Agency or other specially authorised counter-corruption entities about the facts of violation of legislation on preventing and combating corruption.
{Article 13-1 has been supplemented with part 6 under Law No. 1079-IX of 15 December 2020}
{The Law has been supplemented with Article 13-1 under Law No. 140-IX of 02 October 2019}
Article 14. Supervision over the activities of the National Agency
1. The National Agency’s budget spending shall be controlled by the Accounting Chamber through an audit once every two years.
2. Civil control over the activities of the National Agency shall be ensured through the Public Council of the National Agency, which consists of 15 people and is formed based on the results of open and transparent competition.
The competition for the formation of the Public Council under the National Agency shall be conducted by an open rating Internet voting of citizens residing in the territory of Ukraine, under the procedure established by the Cabinet of Ministers of Ukraine.
Applications for participation in the competition to form the Public Council under the National Agency shall be submitted by public associations that have been active in preventing and/or combating corruption for at least two years and have confirmed the projects they have implemented (hereinafter – public associations).
A public association may submit no more than three nominations to participate in the competition, taking into account all applications submitted by affiliated public associations. Affiliated public associations shall be public associations that have common founders or close persons among their founders.
Membership of the Public Council under the National Agency may not include persons:
1) referred to in Clause 1 and Subclause “a” of Clause 2, part 1, Article 3 of this Law;
2) who have been employees of the National Agency for the last three years irrespective of their employment duration;
3) whose close persons are or have been employees of the National Agency for the last three years irrespective of their employment duration.
The Public Council under the National Agency shall be duly constituted if it consists of at least nine members. The Public Council shall retain its powers for a two-year term. The Regulation on the Public Council under the National Agency shall be approved by the Cabinet of Ministers of Ukraine.
3. The National Council under the National Agency shall:
1) elect up to three representatives from among its members to become the members of each of:
the commissions that hold a competitive selection for filling vacant positions in the National Agency;
the disciplinary commissions that carry out disciplinary proceedings against civil servants of the National Agency;
2) hear information on the activities, implementation of plans and tasks of the National Agency, monitor the effectiveness of implementation by the National Agency of its powers;
3) analyse the situation while ensuring independence of the National Agency;
4) consider the National Agency's annual report and approve the opinion on it;
5) consider the draft national report on implementation of the principles of anti-corruption policy and approve the opinion on it;
6) participate in the development of the anti-corruption strategy and the state programme for its implementation;
7) participate in the development of draft regulatory acts of the National Agency, and draw opinions about them;
8) exercise other powers provided for in the Regulation on the Public Council under the National Agency.
4. An external independent evaluation of the National Agency's performance shall be conducted every two years.
The evaluation shall be conducted by the Commission for the Independent Evaluation of the Performance of the National Agency (hereinafter – the Commission) composed of three persons appointed by the Cabinet of Ministers of Ukraine based on proposals of donors who have been providing international technical assistance to Ukraine in preventing and combating corruption for the last two years prior to the assessment.
The selection of donors and the submission of proposals for candidates to the Commission shall be made in accordance with Article 6 of this Law.
Prior to the formation of the Commission, the Cabinet of Ministers of Ukraine shall approve and promulgate the criteria and methodology for evaluating the performance of the National Agency's activities.
When evaluating the National Agency's Performance, the Commission also shall take into account information from the High Council of Justice, the Constitutional Court of Ukraine on the compliance of the National Agency with the guarantees of independence of judges, judges of the Constitutional Court of Ukraine in the exercising of its powers.
{Part 4 of Article 14 has been supplemented with a new paragraph under Law No. 1079-IX of 15 December 2020}
The members of the Commission shall act independently and shall not have to comply with any orders or instructions.
The decision of the Commission to approve the National Agency's performance evaluation report shall be deemed passed if all members of the Commission have voted in favour of it.
The National Agency's performance evaluation report shall be published on the official website of the Cabinet of Ministers of Ukraine within five days of its approval.
To carry out the evaluation, the members of the Commission shall have the right to:
1) access information and documents held by the National Agency (including restricted information);
2) conduct confidential interviews with employees of the National Agency, employees of other state authorities, as well as other persons who possess the information (documents) necessary to carry out the evaluation;
3) contact the public authorities, any individuals or legal entities with a request for clarification, documents or information necessary for the assessment;
4) use the help of assistants. Assistants shall be obliged to provide protection and non-disclosure of personal data, restricted information that became known to them in the course of performing their respective duties.
Members of the Commission shall ensure the protection and non-disclosure of personal data, restricted information that became known to them in the course of exercising their powers.
The Secretariat of the Cabinet of Ministers of Ukraine shall provide organisational and technical support for the activities of the Commission. The activities of the Commission and its members, including the Secretariat set up to assist in their activities, may be funded through the involvement of international technical assistance.
5. The National Agency shall prepare annual reports on its activities. The report of the National Agency shall be submitted for approval to the Public Council under the National Agency, which considers the report within two weeks of its submission.
The National Agency shall publish the annual report no later than 15 April on its official website together with the opinion of the Public Council (if the opinion is approved within the prescribed time).
The National Agency's annual report shall include the following information:
1) indicators of its performance and results of their achievement, determined by the National Agency;
2) statistics on the results of activities of the National Agency, including data on:
the number of violations of this Law, the Law of Ukraine “On Political Parties in Ukraine;”
the number of protocols on administrative offences drawn up by the authorised persons of the National Agency and the results of their consideration;
the number of precepts issued by the National Agency, materials sent about violations of law to the law enforcement and other authorities, the results of their consideration;
results of appeals of the National Agency to court with claims (statements) in accordance with the law;
disciplinary penalties imposed on employees of the National Agency;
3) the results of activities of the internal control unit and the anti-corruption unit of the National Agency;
4) information about interaction with other state bodies, local government bodies, enterprises, institutions and organisations;
5) information on cooperation with competent authorities of foreign states, international and foreign organisations;
6) the number of employees of the National Agency, their qualifications and experience, their advanced training;
7) staffing list and estimate of the National Agency, its implementation;
8) other information concerning results of the activities of the National Agency.
{Article 14 as revised by Law No. 140-IX of 02 October 2019}
Article 15. Social protection of the Chairman, Deputy Chairman of the National Agency and the employees of the Staff of the National Agency
{Title of Article 15 as revised by Law No. 140-IX of 02 October 2019}
1. The Chairman, Deputy Chairman of the National Agency, and employees of the Staff of the National Agency shall have compulsory state social insurance under the compulsory state social insurance legislation.
{Part 1 of Article 15 as revised by Law No. 77-VIII of 28 December 2014; as amended by Law No. 140-IX of 02 October 2019}
2. In the event of the death of the Chairman, Deputy Chairman of the National Agency in the course of performance of his/her official duties, the family of the deceased and, if there is no immediate family, the deceased’s parents and dependents shall receive one-time financial assistance in the amount of ten years’ salary earned by the deceased in the last position he/she held, under the procedure and terms stipulated by the Cabinet of Ministers of Ukraine. The family of the deceased shall retain the right to receive housing.
{Part 2 of Article 15 as amended by Law No. 140-IX of 02 October 2019}
{Part 3 of Article 15 has been deleted under Law No. 77-VIII of 28 December 2014}
4. Damage done to the property of the Chairman, Deputy Chairman or employee of the Staff of the National Agency or to the property of their close persons in connection with the performance of official duties shall be reimbursed in full from the state budget of Ukraine, with subsequent recourse of this amount from the culpable individuals under the procedure established by law.
{Part 4 of Article 15 as amended by Law No. 140-IX of 02 October 2019}
Article 16. Remuneration of the Chairman, Deputy Chairman of the National Agency and the employees of the Staff of the National Agency
{Title of Article 16 as revised by Law No. 140-IX of 02 October 2019}
1. Salaries of the Chairman, Deputy Chairman and the employees of the Staff of the National Agency shall be of a sufficient financial level to ensure the proper performance of their duties considering the nature, intensity and danger of their work, to ensure recruitment and retaining of qualified personnel in the Staff of the National Agency, to encourage achievement of high results in official activities, and compensate the costs of the intellectual efforts of the employees.
{Part 1 of Article 16 as amended by Law No. 140-IX of 02 October 2019}
2. Salaries of the Chairman, Deputy Chairman and the employees of the Staff of the National Agency shall consist of an official salary, long service bonuses, bonuses for rank, and bonuses and other allowances as stipulated by laws on public service.
The following position salaries of the National Agency employees shall be established in accordance with the amount of the subsistence minimum for able-bodied persons set as of 01 January of the calendar year:
Chairman of the National Agency – 40;
Deputy Chairman of the National Agency, Chief of the Staff of the National Agency – 30;
Head of territorial body of the National Agency, Deputy Chief of the Staff of the National Agency, head of the Internal Control Unit – 25;
Deputy head of the territorial body of the National Agency, Head of independent structural unit of the Staff of the National Agency, Deputy Head of the Internal Control Unit – 20.
The position salary of other employees of the National Agency shall be twice the amount of official salary established by the Cabinet of Ministers of Ukraine for employees holding relevant positions in central executive authorities.
The position salary of the authorised persons of the National Agency shall be set with a factor of 1.5 (except for the Chairman, Deputy Chairman of the National Agency).
{Part 2 of Article 16 as amended by Law No. 1774-VIII of 06 December 2016; as revised by Law No. 140-IX of 02 October 2019}
3. Long-service bonuses, bonuses for rank, bonuses and other allowances shall be paid to the Chairman, Deputy Chairman and civil servants of the National Agency in accordance with the Law of Ukraine “On Public Service” taking into account the provisions of this Law.
The amount of monthly bonuses of the Chairman, the Deputy Chairman of the National Agency may not exceed 50 per cent of their salary.
{Part 3 of Article 16 as revised by Law No. 140-IX of 02 October 2019}
Article 17. Financial, material and technical support of the National Agency
1. Financial support of the National Agency shall be provided from the State Budget of Ukraine. Financing of the National Agency through any other sources shall be prohibited, except in cases provided for by the international treaties ratified by the Verkhovna Rada of Ukraine or international technical assistance projects.
2. Expenditures for financing the National Agency shall be determined in the State Budget of Ukraine as a separate line at a level sufficient to ensure the proper exercise of the powers by the National Agency.
The Chairman of the National Agency shall represent the position of the National Agency on issues of its financing at meetings of the Cabinet of Ministers of Ukraine, committees or in plenary sessions of the Verkhovna Rada of Ukraine.
3. The National Agency shall be the senior administrator of State Budget of Ukraine funds allocated for its financing.
Expenses for activities of the National Agency shall include funds for awareness campaigns and training on corruption preventing and countering.
4. The National Agency shall be supplied with all the necessary materials, equipment and other assets to carry out its official duties.
Article 17-1. Internal Control Unit, Corruption Prevention Unit of the National Agency
1. To ensure the integrity of the employees of the National Agency and enforcement of this Law, the Internal Control Unit is established within the Staff of the National Agency The Internal Control Units may be established within the territorial authorities of the National Agency by a decision of the Chairman of the National Agency.
2. The procedure for operation and powers of the Internal Control Units shall be determined by a provision approved by the Chairman of the National Agency. The Chairman of the National Agency shall appoint and dismiss the head and employees of the Internal Control Unit. Internal Control Units shall report directly to the Chairman of the National Agency.
3. Internal Control Unit of the National Agency shall:
1) monitor and control the compliance of the National Agency employees with the acts of legislation on ethical conduct, prevention and settlement of conflicts of interest, other requirements, restrictions and prohibitions stipulated by this Law;
2) control the timeliness of filing and comprehensive examination of the declarations of persons authorised to perform the functions of the state or local government, submitted by the employees of the National Agency as prescribed by the Chairman of the National Agency;
3) conduct integrity checks of employees of the National Agency and monitoring of their lifestyle under the procedure established by the Chairman of the National Agency;
4) check the information contained in the appeals of individuals and legal entities, mass media, other sources, including those received through a special telephone line, an Internet page, electronic communications of the National Agency, regarding the involvement of employees of the National Agency in committing offences;
5) conduct official investigations in relation to the employees of the National Agency;
6) conduct background checks regarding the persons applying for positions in the National Agency;
7) take measures to protect employees of the National Agency reporting illegal acts or omissions of other employees of the National Agency;
8) exercise other powers specified in the Regulations on the Internal Control Unit of the National Agency.
4. An employee of the National Agency who has become aware of the illegal acts or omissions of another employee of the National Agency shall immediately inform the Chairman of the National Agency and the Internal Control Unit of the National Agency thereof.
5. The National Agency has a Corruption Prevention Unit, the Regulations on which shall be approved by the Chairman of the National Agency.
Corruption Prevention Unit of the National Agency shall:
1) advise employees of the National Agency on compliance with the requirements of the legislation on ethical behavior, prevention and settlement of conflicts of interest, other requirements, restrictions and prohibitions provided for by this Law;
2) organise the assessment of corruption risks in the activities of the National Agency, prepare measures for their elimination and take other measures aimed at preventing the corruption and corruption-related offences by the employees of the National Agency;
3) develop and provide implementation of the National Agency's anti-corruption program;
4) exercise other powers specified in the Regulation on the Corruption Prevention Unit of the National Agency.
{Section ІІ has been supplemented by Article 17-1 under Law No. 140-IX of 02 October 2019}
Section III
SHAPING AND IMPLEMENTING ANTI-CORRUPTION POLICY
Article 18. Anti-corruption policy
1. The principles of the anti-corruption policy (Anti-Corruption Strategy) shall be determined by the Verkhovna Rada of Ukraine.
2. The Verkhovna Rada shall hold annual parliamentary hearings on the state of corruption no later than 1 June, approve and make publicly available the annual national report on the implementation of the principles of anti-corruption policy.
3. The Anti-Corruption Strategy shall be drafted by the National Agency based on the state of corruption analysis and results of previous Anti-Corruption Strategy implementation.
4. The Anti-Corruption Strategy shall be implemented through fulfilment of the state target program, which is drafted by the National Agency and approved by the Cabinet of Ministers of Ukraine.
Heads of state authorities shall be personally responsible for ensuring the completion of the State programme of Anti-Corruption Strategy implementation.
5. The state target programme to implement the Anti-Corruption Strategy shall be subject to annual review, taking into account the results of implementation of these measures, and also the conclusions and recommendations of parliamentary hearings on the situation with corruption.
Article 19. Anti-corruption programmes
1. Anti-corruption programmes shall be adopted in:
the Administration of the President of Ukraine, the Staff of the Verkhovna Rada of Ukraine, the Secretariat of the Cabinet of Ministers of Ukraine, the Secretariat of the Ukrainian Parliament Commissioner for Human Rights, the Prosecutor General’s Office, the Security Service of Ukraine, ministries, other central executive authorities, other state authorities with jurisdiction covering the entire territory of Ukraine, Oblast, Kyiv and Sevastopol city state administrations, state trust funds – through approval by their heads;
{Paragraph 2, Part 1 of Article 19 as amended by Law No. 113-IX of 19 September 2019}
the Staff of the National Security and Defense Council of Ukraine – through approval by the Secretary of the National Security and Defense Council of Ukraine;
The National Bank of Ukraine – through approval by its Management Board;
{Paragraph 4, Part 1 of Article 19 as amended by Law No. 576-VIII of 02 July 2015}
the Accounting Chamber, the Central Election Commission, the High Council of Justice, the Supreme Rada of the Autonomous Republic of Crimea, oblast councils, Kyiv and Sevastopol city councils, the Council of Ministers of the Autonomous Republic of Crimea – through approval by the decisions of these authorities.
{Paragraph 5, part 1 of Article 19 as amended by Laws No. 576-VIII of 02 July 2015, No. 1798-VIII of 21 December 2016}
Anti-corruption programmes and amendments thereto shall be subject to the approval by the National Agency under the procedure established by it.
{Paragraph 6, part 1, of Article 19 as revised by Law No. 524-IX of 04 March 2020}
2. The anti-corruption programmes shall provide for:
the definition of the general principles of general departmental policy for preventing and combating corruption in the relevant field, as well as for implementing the anti-corruption strategy and the State anti-corruption programme;
assessment of corruption risks in activities of an authority, institution or organisation, and the causes and conditions which facilitate them;
measures to eliminate the identified corruption risks, persons responsible for their implementation, terms and resources required;
awareness raising measures and measures to disseminate information on targeted anti-corruption programmes;
procedures for monitoring, evaluation of implementation and periodic review of the programmes;
other measures aimed at preventing corruption and corruption-related offences.
Article 20. National report on implementation of the principles of the anti-corruption policy
1. The National Agency shall prepare a draft annual national report on implementation of the principles of the anti-corruption policy, to be submitted to the Cabinet of Ministers of Ukraine by no later than 01 April.
2. The annual report on implementation of the principles of the anti-corruption policy shall contain the following information:
1) statistics on results of the performance of specially authorised counter-corruption entities, together with an obligatory indication of the following data:
а) the number of reports of criminal corruption and corruption-related offences registered by each specially authorised counter-corruption entities;
b) the number of operational search cases initiated by specially authorised counter-corruption entities, and their effectiveness;
c) the number of persons against whom indictments were prepared in connection with the criminal corruption and corruption-related offences they committed, as well as protocols on the commission of administrative corruption-related offences;
d) the number of persons with an effective court conviction for criminal corruption or corruption-related offences they committed and those who were held administratively liable for corruption-related offences;
e) the number of persons acquitted on the corresponding offences they committed and regarding whom relevant administrative proceedings were terminated without the imposition of penalties;
f) information individually by categories of persons referred to in part 1, Article 3 of this Law and by liability types for corruption and corruption-related offences;
g) the number of persons dismissed from office (work, service) in connection with prosecution for corruption or corruption-related offences, as well as persons who have been imposed the main/additional penalty of deprivation of the right to occupy certain positions or engage in certain activities;
h) information on the amount of damage caused by corruption and corruption-related offences, the status and amount of reimbursement;
i) information about funds and other property obtained as a result of corruption or corruption-related offences, forfeited upon the decision of a court, as well as funds in the amount of illicit services or benefits collected for the benefit of the state;
j) information about funds and other property obtained as a result of corruption or corruption-related offences returned to Ukraine from abroad and their subsequent disposal;
k) information on the forfeiture of items and proceeds of criminal corruption offences;
l) the number of proposals by the relevant authorities or officials to repeal regulatory acts and decisions issued (taken) as a result of the commission of a corruption offence, and the results of their consideration;
m) information about regulatory acts or decisions deemed illegal in court, as petitioned by an interested individual, association of citizens, legal entity, state authority or local government, published (adopted) as a result of the commission of a corruption offence;
n) the number of requests to eliminate the causes and conditions that contributed to the commission of corruption and corruption-related offences or failure to comply with the requirements of anti-corruption laws;
o) information about cooperation with the relevant authorities of other states, international organisations and foreign non-governmental organisations and cooperation agreements signed with them;
p) information about cooperation with non-governmental organisations and the media;
q) information about the staff of specially authorised counter-corruption entities, qualifications and experience of their employees, and their professional development;
r) information about the activities of internal security units of specially authorised counter-corruption entities; the number of reported offences of their employees, the results of consideration of such reports, holding employees of internal security units liable;
s) the amount of funding of specially authorised counter-corruption entities;
t) other information related to the performance by specially authorised counter-corruption entities of their activities and fulfilment of their responsibilities;
u) the number of reports of whistle-blowers, the number of whistle-blowers;
{Clause 1, part 2 of Article 20 has been supplemented with Subclause “u” under Law No. 198-IX of 17 October 2019}
v) the number of persons with an effective court conviction for criminal corruption or corruption-related offences they committed and those who were held administratively liable for corruption-related offences that caused proceedings in connection with the reports of whistle-blowers;
{Clause 1, part 2 of Article 20 has been supplemented with Subclause “v” under Law No. 198-IX of 17 October 2019}
w) information on the amount of damages and harm caused by corruption and corruption-related offences that caused proceedings in connection with the reports of whistle-blowers, the status and amount of their compensation;
{Clause 1, part 2 of Article 20 has been supplemented with Subclause “w” under Law No. 198-IX of 17 October 2019}
x) information on the number of persons against whom measures have been taken to protect their rights and interests as whistle-blowers;
{Clause 1, part 2 of Article 20 has been supplemented with Subclause “x” under Law No. 198-IX of 17 October 2019}
2) summarised results of anti-corruption expertise of regulatory acts and draft regulatory acts;
3) information on the results of the implementation of measures taken by public authorities for preventing and countering corruption, including those taken in the course of international cooperation;
4) summarised analysis of the state of corruption, which shall contain:
а) corruption risks, identified by state authorities, authorities of the Autonomous Republic of Crimea and local governments in their activities, and measures they have taken to eliminate such risks;
{Subclause “a”, Clause 4, part 2 of Article 20 as amended by Law No. 524-IX of 04 March 2020}
b) results of sociological and analytical research of the corruption situation performed by state authorities, authorities of the Autonomous Republic of Crimea, local governments, international organisations and public associations;
c) the state of implementation of international legal obligations in preventing and countering corruption;
d) the impact of measures taken on the level of corruption, based on statistical data and sociological research;
5) report on the implementation of the Anti-Corruption Strategy;
6) conclusions and recommendations.
3. By no later than 15 February, specially authorised counter-corruption entities, other state authorities, authorities of the Autonomous Republic of Crimea and local governments shall submit information to the National Agency as required to prepare a national report on implementation of the principles of the anti-corruption policy.
4. On an annual basis by no later than 15 April, the Cabinet of Ministers of Ukraine shall review and approve a draft national report on implementation of the principles of the anti-corruption policy, which shall be sent to the Verkhovna Rada of Ukraine within ten working days from the date of its approval.
5. The national report on implementation of the principles of the anti-corruption policy shall be published on the official website of the Verkhovna Rada of Ukraine.
Article 21. Participation of the public in corruption prevention measures
1. Public associations, their members or authorised representatives and individuals in their corruption prevention activity shall have the right to:
1) report discovered facts of committed corruption or corruption-related offences, real and potential conflicts of interest to the specially authorised counter-corruption entities, to the National Agency on Corruption Prevention, management or other representatives of the authority, institution or organisation where these offences have been committed or whose employees have a conflict of interest, and also to the public;
2) request and receive information about corruption prevention activities from state authorities, authorities of the Autonomous Republic of Crimea and local government, under the procedure established by the Law of Ukraine “On Access to Public Information;”
3) perform or order the performance of a public anti-corruption expertise of regulatory acts and draft regulatory acts and, as a result of such anti-corruption expertise, submit proposals to the relevant authorities and receive information from the relevant authorities about consideration of such proposals;
4) participate in parliamentary hearings and other events on corruption prevention;
5) make proposals to bodies empowered with legislative initiative to improve the legal regulation of relations arising in corruption prevention sphere;
6) perform or order the performance of research, including scientific, sociological and other research into corruption prevention issues;
7) conduct events to inform the public about corruption prevention;
8) exercise public control over the implementation of corruption prevention laws by using such forms of control which are not contrary to law;
9) perform other activities to prevent corruption which are not prohibited by law.
2. A public association, individual or legal entity shall not be denied access to information concerning the competence of bodies that perform corruption prevention measures or the main areas of their activities. This information shall be provided under the procedure established by law.
3. Draft laws and other draft regulatory acts which provide for the granting of benefits and advantages to specific economic entities, as well as the delegation of powers of state authorities, authorities of the Autonomous Republic of Crimea or local government for the purpose of their public discussion shall be immediately posted on the official website of the corresponding authorities, but no later than 20 working days prior to their consideration with a view to adopt.
4. State authorities, authorities of the Autonomous Republic of Crimea and local government shall summarise the results of the public discussion of draft laws and other draft regulatory acts referred to in part 3 of this Article and publish them on their websites.
Section IV
PREVENTION OF CORRUPTION AND CORRUPTION-RELATED OFFENCES
Article 22. Restrictions on use of official powers or position
1. Persons referred to in part 1, Article 3 of this Law shall be prohibited from using their official powers or position and associated opportunities to obtain an unlawful benefit for themselves or others including use of state or municipal property or funds for their personal interest.
Article 23. Restrictions on receiving gifts
1. Persons referred to in Clauses 1 and 2, part 1, Article 3 of this Law shall be prohibited to demand, request or receive gifts for themselves or close persons from legal entities or individuals:
1) in connection with the performance by such persons of activities related to their functions of state or local government;
2) if the person who provides a gift is a subordinate to that person.
2. Persons mentioned in Clauses 1 and 2, part 1, Article 3 of this Law may accept gifts which meet generally accepted notions of hospitality, except as provided by part 1of this Article, if the value of such gifts does not exceed the subsistence minimum for able-bodied persons, established as of the date when the gift was received, a gift was accepted once, and the aggregate value of gifts received from one person (group of persons) within the year does not exceed two subsistence minimums established for able-bodied persons as of 01 January of the year when the gift was accepted.
{Paragraph 1, part 2 of Article 23 as amended by Laws No. 198-VIII of 12 February 2015, No. 1774-VIII of 06 December 2016}
The restriction on the value of gifts stipulated by this part shall not apply to gifts which are:
2) received as public discounts for products, services, publicly available benefits, prizes, rewards and bonuses.
3. Gifts received by the persons referred to in Clauses 1 and 2, part 1, Article 3 of this Law in the capacity of gifts to the State, the Autonomous Republic of Crimea, local community, state-owned and municipal enterprises, institutions or organisations shall be recognised as state or municipal property and transferred to the authority, enterprise, institution or organisation under the procedure determined by the Cabinet of Ministers of Ukraine.
4. Decisions taken by a person referred to in Clauses 1 and 2, part 1, Article 3 of this Law in favor of a person who has given a gift to him/her or his/her close persons shall be seen as decisions taken under conditions of a conflict of interest and provisions of Article 67 of this Law shall be applied to such decisions.
Article 24. Preventing the receipt of unlawful benefit or gifts and the handling thereof
1. Persons authorised to perform the functions of state or local government, or persons equated to them, if they are offered an unlawful benefit or gift, regardless of private interests, shall immediately take the following steps:
2) identify, where possible, the person who made the offer;
3) involve witnesses, if possible, including from among employees;
4) notify the immediate supervisor (if any) in writing about the offer or the head of the respective authority, enterprise, institution or organisation, and one of the specially authorised counter-corruption entities.
2. If a person subject to the restrictions on the use of their official position and on the receipt of gifts has discovered in his/her office a property or has received a property which may be an unlawful benefit or gift, he/she shall promptly, but no later than within one business day, notify his/her immediate supervisor in writing or the head of the respective authority, enterprise, institution or organisation about such fact.
Upon discovery of a property which may be an unlawful benefit, a written act shall be drawn up and signed by the person who discovered the unlawful benefit or gift, and by his/her immediate supervisor or head of the authority, enterprise, institution or organisation.
If a property which may be an unlawful benefit or gift is discovered by a person who is the head of the body, enterprise, institution or organisation, an act on discovery of the property which may be an unlawful benefit or gift shall be signed by such person and the person authorised to perform the functions of the head of the respective authority, enterprise, institution or organisation in the head’s absence.
3. Items of unlawful benefit and received or discovered gifts shall be stored at the respective authority before they are transferred to the specially authorised counter-corruption entities.
4. Provisions of this Article shall not apply to cases of receipt of a gift under the circumstances provided for by part 2, Article 23 of this Law.
5. If a person referred to in Clauses 1 and 2, part 1, Article 3 of this Law has doubts about the possibility of receiving a gift, he/she may seek advice on the matter by writing to the National Agency, which shall provide an appropriate explanation.
{Part 5 of Article 24 as amended by Law No. 140-IX of 02 October 2019}
Article 25. Restrictions on other part-time activities
1. Persons referred to in Clause 1, part 1, Article 3 of this Law shall be prohibited to:
1) engage in any other paid (except for teaching, research and creative activities, medical practice, instruction and referee practice in sport) or entrepreneurial activities, unless otherwise stipulated by the Constitution or laws of Ukraine;
2) become a member of the board, other executive or supervisory bodies or supervisory board of a company or organisation that seeks profit (except for cases when the persons carry out the functions of management of shares owned by the state or territorial community and represent the interests of the state or territorial community on the board (supervisory board) or audit committee of the economic organisation), unless otherwise stipulated by the Constitution and laws of Ukraine.
2. The restrictions stipulated by part 1 of this Article shall not apply to members to the Verkhovna Rada of the Autonomous Republic of Crimea, councillors of local councils (except those who exercise their powers in the respective council on a regular basis), jurors, assistant consultants to the Members of Parliament of Ukraine, employees of Secretariats of the Chairman of the Verkhovna Rada of Ukraine, the First Deputy Chairman of the Verkhovna Rada of Ukraine and the Deputy Chairman of the Verkhovna Rada of Ukraine, employees of the Secretariats of the Parliamentary Factions (or groups of Members of Parliament) in the Verkhovna Rada of Ukraine, employees of Patronage Services in state authorities.
{Part 2 of Article 25 as amended by Laws No. 1798-VIII of 21 December 2016, No. 319-IX of 03 December 2019, No. 805-IX of 16 July 2020}
Article 26. Restrictions after termination of activities connected with the functions of state or local government
1. Persons authorised to perform the functions of state or local government referred to in Clause 1, part 1, Article 3 of this Law, who resigned or otherwise terminated the activities connected with the functions of state or local government, shall be prohibited to:
1) within one year from the date of termination of the relevant activities, enter into employment agreements (contracts) or perform transactions in business with legal entities of private law and individuals – entrepreneurs if the persons referred to in the paragraph 1 of this part, within one year before the termination of the functions of state or local government exercised powers of control, supervision, preparation or decisions-making in relation to the activities of these legal entities or individuals – entrepreneurs;
2) disclose or otherwise use for their interests information that became known to them in connection with the performance of official duties, except for cases stipulated by law;
3) within one year from the date of termination of the relevant activities, represent the interests of any person in the cases (including those heard in courts) where another party is an authority, enterprise, institution or organisation, where they had been working at the time of termination of their mentioned activities.
2. Violation of restrictions on entering into employment agreements (contracts), as stipulated under Clause 1, part 1 of this Article shall serve as grounds for termination of such contract.
Business transactions committed in violation of Clause 1, part 1 of this Article may be invalidated.
If the National Agency detects violations referred to in part 1 of this Article, it shall appeal to the court for termination of the employment agreement (contract) and for invalidation of the transaction.
Article 27. Restrictions on joint work with close persons
1. Persons mentioned in Clause 1, part 1, Article 3 of this Law may not have in their direct subordination close persons or be directly subordinated to close persons in connection with carrying out their official powers.
{Paragraph 1, part 1 of Article 27 as amended by Law No. 524-IX of 04 March 2020}
Persons applying for the positions referred to in Clause 1, part 1, Article 3 of this Law shall be obliged to notify the management of the authority where they seek the position about close persons working at this authority.
{Paragraph 2, part 1 of Article 27 as amended by Law No. 524-IX of 04 March 2020}
The provisions of the first and second paragraphs of this part shall not apply to:
1) people’s assessors and jurors;
2) close persons who are directly subordinated to each other when one of them acquires the status of an elected person;
3) persons who work in rural settlements (except raion centers) and mountain settlements.
2. In the event of circumstances that violate the requirements of part 1 of this Article, the respective persons or their close persons shall take steps to eliminate such circumstances within fifteen days.
If during this period the circumstances are not voluntarily eliminated, the respective persons or their close persons, within one month from the occurrence of the circumstances, shall be transferred under the established procedure to another position which eliminates issues of direct subordination.
If it is impossible to perform such a transfer, the person who is in subordination shall be dismissed.
Section V
PREVENTION AND RESOLUTION OF A CONFLICT OF INTEREST
Article 28. Prevention and resolution of a conflict of interest
1. Persons referred to in Clauses 1 and 2, part 1, Article 3 of this Law shall be obliged to:
1) take measures to prevent the occurrence of a real or potential conflict of interest;
2) report – no later than the next business day from the date when the person found out or should have found out about a real or potential conflict of interest – to their immediate head and, if the person holds a position that does not provide for having an immediate head or a position in a collegial authority – report to the National Agency or other authority or a collegial authority determined by the law, where the conflict of interest occurred while exercising powers;
3) not to take any actions and not to make decisions under the conditions of a real conflict of interest;
4) take measures to address a real or potential conflict of interest.
2. Persons authorised to perform the functions of state or local government may not in any way, directly or indirectly, encourage their subordinates to make decisions, take actions or refrain from actions that violate the law and benefit their private interests or the private interests of third parties.
3. The immediate head or the head of an authority which has the powers to dismiss/initiate dismissal from a position within two business days after receiving notice that his/her subordinate has a real or potential conflict of interest shall make a decision to resolve the conflict of interest, and report to the respective person to this effect.
When the National Agency receives a report from a person about the presence of a real or potential conflict of interest, it shall explain, within seven working days, to the reporting person the procedure for his/her actions to resolve the conflict of interest.
4. The immediate head or the head of an authority who has the powers to dismiss/initiate dismissal from a position, who became aware of the conflict of interest of his/her subordinate person, shall be obliged to take steps, in accordance with this Law, to prevent and resolve the conflict of interest of such person.
5. If a person doubts whether he/she has a conflict of interest, he/she shall seek an clarification at the National Agency. If the person did not receive confirmation about the absence of a conflict of interest, he/she shall act in accordance with the requirements set out in this Section of the Law.
{Part 5 of Article 28 as amended by Law No. 140-IX of 02 October 2019}
6. If a person has received confirmation about the absence of a conflict of interest, he/she shall be exempted from liability even if it later transpired that there had been a conflict of interest in actions regarding which he/she sought clarification.
7. Laws and other regulatory acts that define the powers of state authorities, authorities of the Autonomous Republic of Crimea and local state authorities, and the procedure governing provision of certain types of state services and other activities related to the functions of state and local government need to provide for a procedure and ways to resolve the conflict of interest of officials whose activities they regulate.
Article 29. Measures of external resolution and self-resolution of a conflict of interest
1. A conflict of interest shall be resolved externally by:
1) suspension of a person from fulfilling the task, performing actions, making decisions or participation in making decisions under the conditions of a real or potential conflict of interest;
2) use of external monitoring to control how a person fulfils a certain task, performs certain actions or makes decisions;
3) restricting a person’s access to certain information;
4) reviewing the scope of a person’s official powers;
5) reassignment of a person to another position;
6) termination of employment of a person.
2. Persons referred to in Clauses 1 and 2, part 1, Article 3 of this Law, who have an actual or potential conflict of interest, can independently take steps to resolve it by eliminating the respective private interest and providing documents that prove it to their immediate head or the head of an authority which has the powers to dismiss/initiate dismissal from a position.
Elimination of a private interest shall exclude any possibility of its concealment.
Article 30. Suspension from fulfilling a task, performing actions, decision-making or participating in decision-making
1. A person authorised to perform the functions of state or local government, or person equated to him/her shall be suspended from fulfilling a task, performing actions, decision-making or participating in decision making in the conditions of a real or potential conflict of interest by decision of the head of the relevant authority, enterprise, institution or organisation, in cases where the conflict of interest does not have a permanent nature and if there is a possibility to involve other employees of the respective authority, enterprise, institution or organisation for making such a decision or taking respective actions.
2. A person authorised to perform the functions of state or local government, or person equated to him/her shall be suspended from fulfilling a task, performing actions, decision-making or participating in decision-making in the conditions of a real or potential conflict of interest, as well as involving other employees of the respective authority, enterprise, institution or organisation for such decision-making or taking respective actions, by the decision of the head of the authority or respective structural subdivision where the person works.
Article 31. Restricting access to information
1. Access of a person authorised to perform the functions of state or local government, or person equated to him/her to certain information shall be restricted by decision of the head of the authority or respective structural unit where the person works, in cases when the conflict of interest is associated with such access and is of a constant nature, as well as if the person is able to continue proper execution of his/her powers under such restriction, and if it is possible to assign another employee of the authority, enterprise, institution or organisation, to work with the such information.
Article 32. Reviewing the scope of official powers
1. The scope of official powers of a person authorised to perform the functions of state or local government, or person equated to him/her shall be reviewed by decision of the head of the authority, enterprise, institution, organisation or respective structural unit where the person works if a conflict of interest in its activities is of a permanent nature, related to the specific authority of the person and if the person is able to continue proper execution of his/her official tasks under such review, and if it is possible for another employee to be vested with the respective powers.
Article 33. Exercising powers under external control
1. A person authorised to perform the functions of state or local government, or person equated to him/her, shall exercise official powers under external control, if suspension of the person from fulfilling a task, performing actions, decision-making or participating in decision-making under a real or potential conflict of interest, restricting a person’s access to information or reviewing its powers are impossible and there is no reason for his/her reassignment to another position or his/her discharge.
2. The external control shall be carried out in the following forms:
1) verification by an employee, appointed by the head of the authority, enterprise, institution or organisation, of the status and results of performing tasks, taking actions, content of the decisions or draft decisions, that are made or are being developed by the person or respective collegial authority on issues related to the conflict of interest;
2) performance of tasks, taking actions, considering cases, drafting and making decisions by the person in the presence of an employee appointed by the head of the authority;
3) participation of the authorised person of the National Agency in the work of the collegial authority as an observer without voting rights.
3. A decision on the implementation of external control shall include an indication of the form of control, the employee authorised to administer control, as well as the duties of the person associated with the use of external control of his/her performance of respective tasks, actions or decision-making.
Article 34. Reassignment or discharge of a person due to a conflict of interest
1. A person authorised to perform the functions of state or local government, or person equated to him/her shall be reassigned to another position due to the presence of a real or potential conflict of interest by decision of the head of the authority, enterprise, institution or organisation if the conflict of interest in the activities of the person is of a permanent nature and cannot be resolved by suspending that person from fulfilling the task, taking actions, decision-making or participating in decision-making, restricting access of the person to information, reviewing his/her powers and functions, eliminating the private interest or, if there is a vacant position, that has characteristics that correspond to the person’s personal and professional qualities.
Reassignment to another position shall be possible only with the consent of the person authorised to perform the functions of state or local government, or equivalent persons.
2. A person authorised to perform the functions of state or local government, person equated to him/her shall be discharged from his/her positions in connection with a conflict of interest if the actual or potential conflict of interest in that person’s activities is permanent and cannot be resolved by other means, including the absence of the person’s consent to reassignment or eliminating the private interest.
Article 35. {Article 35 has been deleted under Law No. 1079-IX of 15 December 2020}
Article 35-1. Peculiarities of resolving a conflict of interest arising in the activity of certain categories of persons authorised to perform the functions of state or local government
1. Rules for resolving a conflict of interest in the activities of the President of Ukraine, MPs of Ukraine, members of the Cabinet of Ministers of Ukraine, heads of central executive authorities, which are not part of the Cabinet of Ministers of Ukraine, judges, judges of the Constitutional Court of Ukraine, the Chairmen, a Deputy Chairman of oblast and raion councils, city, village, settlement heads, secretaries of city, village and settlement councils and councillors of local councils shall be determined by laws governing the status of the respective persons and the principles of organisation of the respective authorities.
2. In the event of a real or potential conflict of interest of a person authorised to perform the functions of state or local government, or person equated to him/her, who is part of a collegial authority (committee, commission, board, etc.), this person shall have no right to participate in the decision-making process of this authority.
Any relevant member of the collegial authority or participant of the meeting who is directly related to the question under consideration may report about the conflict of interest of such person. A report about a conflict of interest of a member of a collegial authority shall be included in the minutes of the meeting of the collegial authority.
If the non-participation of a person authorised to perform the functions of state or local government, or person equated to him/her, who is a part of that collegial authority, in the authority's decision-making process results in loss of competence by this authority, the person’s participation in decision-making shall be subject to external controls. The respective collegial authority shall make a decision on exercising external control.
{The Law has been supplemented with Article 35-1 under Law No. 1079-IX of 15 December 2020}
Article 36. Preventing a conflict of interest when a person owns enterprises or equity rights
1. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall, within thirty days after appointment (election) to the position, transfer the management of enterprises and equity rights that he/she owns to another person under the procedure established by law.
If at the time of expiration of the mentioned thirty-day period, restrictions are imposed on operations with shares in the depository accounting system based on a relevant decision of the National Securities and Stock Market Commission on the suspension of changes in the depository accounting system, the persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall be obliged to transfer such shares they own to another person within 30 days from the date of resumption of the changes in the depository accounting system.
{Part 1 of Article 36 has been supplemented with a new paragraph under Law No. 852-IX of 02 September 2020}
In cases stated above, the persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall be prohibited to transfer the management of the enterprises and equity rights that they own to their family members.
{Paragraph 3, part 1 of Article 36 as amended by Law No. 852-IX of 02 September 2020}
2. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall transfer their enterprises, which by the method of formation (establishment) and formation of the authorized capital are unitary enterprises, by concluding a contract on property management with a business entity.
3. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall transfer their equity rights in one of the following ways, namely by:
1) concluding a contract on property management with a business entity (but not a contract on management of securities and other financial instruments);
2) concluding a contract on management of securities, other financial instruments and funds intended for investment in securities and other financial instruments, with a securities trader who is licensed by the National Securities and Stock Market Commission to manage securities;
3) concluding a contract on the establishment of a venture unit investment fund for managing transferred equity rights with an asset management company that is licensed by the National Securities and Stock Market Commission to conduct asset management activities.
Equity rights as payment of the cost of securities of a venture unit investment fund shall be transferred after registration by the National Securities and Stock Market Commission of the emission of the securities of such collective investment institution.
4. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law, may not conclude such contracts as mentioned in parts two and three of this Article with business entities, securities traders and asset management companies, where family members of such persons are employed.
5. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law, appointed (elected) to their position, within one day after transferring the management of the enterprises and equity rights that they own, shall be required to notify the National Agency thereof in writing and provide a notarised copy of the concluded contract.
6. The requirements of this Article shall not apply to:
1) persons who are independent members of the supervisory board of a state bank, state-owned enterprise, for-profit state-owned enterprise or organisation, economic company with more than 50 per cent of authorised capital shares owned by the state;
2) councillors of local councils (except those who exercise their powers in the relevant council on a permanent basis);
3) Assistant Consultants to Members of Parliament of Ukraine, employees of the Secretariats of the Chairman of the Verkhovna Rada of Ukraine, the First Deputy Chairman of the Verkhovna Rada of Ukraine and the Deputy Chairman of the Verkhovna Rada of Ukraine, employees of the Secretariats of the Parliamentary Factions (or groups of Members of Parliament) in the Verkhovna Rada of Ukraine.
{Part 6 of Article 36 has been supplemented with Clause 3 under Law No. 319-IX of 03 December 2019}
{Article 36 has been supplemented with part 6 under Law No. 140-IX of 02 October 2019}
Section VI
RULES OF ETHICAL CONDUCT
Article 37. Requirements for the conduct of persons
1. General requirements for the conduct of persons referred to in Clause 1, Subclause “a” of Clause 2 of part 1, Article 3 of this Law, which they are obliged to follow when exercising their official or representative powers, and the grounds and procedure for bringing a person to account for a breach of these requirements shall be established by this Law, which shall represent the legal basis for the codes or standards of professional ethics.
2. The central executive authority in charge of shaping and implementing the state policy in the field of public service shall approve the general rules of ethical conduct for civil servants and local government officials.
{Paragraph 1, part 2 of Article 37 as amended by Law No. 889-VIII of 10 December 2015}
State authorities, authorities of the Autonomous Republic of Crimea and local state authorities, if necessary, shall develop and ensure compliance with industry codes or standards of ethical behavior for their employees and other persons authorised to perform the functions of state or local government, or persons equated to them who conduct activities in the sphere of their control.
Article 38. Compliance with the law and ethical norms of conduct
1. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall strictly comply with the law and generally accepted ethical standards of conduct, and be polite in their relations with citizens, supervisors, colleagues and subordinates while exercising their official powers.
Article 39. Priority of interests
1. Persons referred to in Clause 1, part 1, Article 3 of this Law, when representing the state or territorial community, shall act solely in the interests of the state or territorial community.
Article 40. Political neutrality
1. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall be obliged to be politically neutral, avoid demonstrations of their own political beliefs or opinions in any form, not use official authority for the interests of political parties or branches, or individual politicians, while exercising their official powers.
2. The provisions of part 1 of this Article shall not apply to elected officials, assistant consultants to Members of Parliament of Ukraine, employees of Secretariats of the Chairman of the Verkhovna Rada of Ukraine, the First Deputy Chairman of the Verkhovna Rada of Ukraine and the Deputy Chairman of the Verkhovna Rada of Ukraine, employees of the Secretariats of the Parliamentary Factions (or groups of Members of Parliament) in the Verkhovna Rada of Ukraine and persons holding political office.
{Part 2 of Article 40 as amended by Law No. 319-IX of 03 December 2019}
1. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall act impartially, in spite of private interests, their personal attitude to any persons, their own political views, ideological, religious or other personal views or beliefs.
Article 42. Competence and efficiency
1. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall perform official functions and professional responsibilities, and implement decisions and instructions of the authorities and persons to which they are subordinate, accountable or under their control in good faith, competently, promptly, efficiently and responsibly, and shall not permit the abuse or inefficient use of government and municipal property.
Article 43. Non-disclosure of information
1. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall not disclose or use in any other way confidential and other information with restricted access, which has become known to them in connection with their official powers and professional obligations, except as required by law.
Article 44. Refraining from execution of illegal decisions or orders
1. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law, in spite of private interests, shall refrain from execution of decisions or orders of the administration, if they are against the law.
2. Persons referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law shall independently evaluate the lawfulness of decisions or orders provided by the administration and the possible harm that would be caused in case of exercising of such decisions or orders.
3. If a person referred to in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law receives decisions or orders for executing which the person regards as unlawful or threatening to legally protected rights, freedoms and interests of individual citizens, legal entities, state or public interests, the person shall immediately and in writing notify the head of the authority, enterprise, institution or organisation, where he/she works, while elected persons shall notify the National Agency thereof immediately and in writing.
Article 45. Submission of declarations of persons authorised to perform the functions of state or local government
1. Persons referred to in Clause 1, Subclause “a” and “c” of Clause 2, part 1, Article 3 of this Law shall be required, on an annual basis, before 01 April, through the official website of the National Agency, to file a declaration of a person authorised to perform the functions of state or local government (hereinafter – the Declaration) for the previous year in the form, as determined by the National Agency.
{Part 1 of Article 45 as amended by Laws No. 1975-VIII of 23 March 2017, No. 140-IX of 02 October 2019}
2. Persons referred to in Clause 1, Subclause “a” and “c” of Clause 2, part 1, Article 3 of this Law who terminate activity related to performance of the functions of state or local government shall submit a declaration of a person authorised to perform the functions of state or local government for the period not covered by previously submitted declarations.
{Paragraph 1, part 2 of Article 45 as amended by Law No. 1975-VIII of 23 March 2017}
Persons who terminate activity related to the performance of functions of state or local government or other activity mentioned in Subclauses “a” and “c” of Clause 2, part 1 of Article 3 shall be required, in the year following the termination of activity, to submit a declaration of a person authorised to perform the functions of state or local government for the previous year, under the procedure stipulated in part 1 of this Article.
{Paragraph 2, part 2 of Article 45 as amended by Law No. 1975-VIII of 23 March 2017}
{Part 2 of Article 45 as amended by Law No. 140-IX of 02 October 2019}
3. A person who is a candidate for a position specified in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law, as well as a person mentioned in Clause 4 (except for persons running as candidates for members of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils, for the positions of village, settlement and city heads) of part 1, Article 3 of this Law, prior to appointment or election to the respective position, shall file a declaration of a person authorised to perform functions of state or local government for the previous year, under the procedure established by this Law. A person elected as a member of the Verkhovna Rada of the Autonomous Republic of Crimea, member of a local council, village, settlement or city head shall submit such declaration within fifteen calendar days from the date of taking office as a member/councillor, village, settlement or city head.
{Paragraph 1, part 3 of Article 45 as revised by Law No. 805-IX of 16 July 2020}
Persons mentioned in Subclause “c” of Clause 2, part 1, Article 3 of this Law shall file a declaration of a person authorised to perform functions of state or local government for the previous year, under the procedure established by this Law, in the event that they become a member of the Competition Commissions or Disciplinary Commissions, established under the Laws of Ukraine “On Civil Service”, “On Service in Bodies of Local Self-Government”, this and other laws of Ukraine, of the Civic Integrity Council, established under the Law of Ukraine “On the Judicial System and Status of Judges”, – within ten calendar days after becoming a member (inclusion, engagement, election, appointment) in the composition of the relevant commission, Civic Integrity Council, respectively.
{Paragraph 2, part 3 of Article 45 as revised by Law No. 140-IX of 02 October 2019}
{Paragraph 3, part 3 of Article 45 has been deleted under Law No. 140-IX of 02 October 2019}
{Part 3 of Article 45 as revised by Law No. 1975-VIII of 23 March 2017}
4. Within seven days of the filing of the declaration, the subject of declaration may file an amended declaration, but no more than three times.
{Paragraph 1, part 4 of Article 45 as revised by Law No. 140-IX of 02 October 2019}
If the subject of declaration is found liable for failing to submit or for late submission of a declaration, or if false information is discovered in the declaration, the subject of declaration shall submit a corresponding declaration with true information.
{Part 4 of Article 45 as revised by Law No. 1022-VIII of 15 March 2016}
5. Section VII of this Law shall not extend to officials of establishments, institutions and organisations whose principal activity is associated with social protection of the population, social and professional rehabilitation of disabled adults and children, social protection of war veterans and participants of anti-terrorist operations, taking measures to ensure national security and defense, repel and deter the armed aggression of the Russian Federation in the Donetsk and Luhansk Oblasts, health care (except for heads of health care institutions of the central, oblast, raion, city (cities of regional significance, cities of Kyiv and Sevastopol) level), education (except for heads of higher educational institutions and their deputies), science (except for presidents of the National Academy of Science and national sectoral academies of science, First Vice-Presidents, Vice-Presidents and Chief Scientific Secretaries of the National Academy of Sciences of Ukraine and National Sectoral Academies of Sciences, other members of the Presidium of the National Academy of Sciences of Ukraine and Presidiums of National Sectoral Academies of Sciences, elected by the General Meeting of the National Academy of Sciences of Ukraine and National Sectoral Academies of Sciences respectively, heads of research institutes and other scientific institutions), culture, arts, restoration and preservation of national memory, physical culture, sports, national patriotic education, military service personnel mobilized for the special period, military service on draft of officers, and military officials from among contracted military servicemen of lower rank, military officials from among contracted sergeant and sergeant-major rank, and junior officer ranks, except for military servicemen who serve in drafting commissions.
{Paragraph 1, part 5 of Article 45 as amended by Laws No. 1975-VIII of 23 March 2017, No. 2462-VIII of 19 June 2018}
Subjects of declaration who had no possibility, before 01 April, to submit a declaration for the previous year at the place of their military service or work due to performing duties in the interests of Ukraine’s defense during the special period, direct engagement in military (battle) actions, including in the territory of anti-terrorist operation and taking measures to ensure national security and defense, repel and deter the armed aggression of the Russian Federation in the Donetsk and Luhansk Oblasts, or due to having been sent to other countries to participate in international peacekeeping operations as part of national contingents or national personnel, performing other tasks in the interests of national security and defense, shall submit such declaration for the reporting period within 90 calendar days starting from the date of their arrival at the place of military service or the end day of military service, as specified by part 2, Article 24 of the Law of Ukraine “On Military Duties and Military Service.”
{Part 5 of Article 45 has been supplemented with Paragraph 2 under Law No. 1975-VIII of 23 March 2017; as amended by Laws No. 2462-VIII of 19 June 2018, No. 912-IX of 17 September 2020}
Persons identified in paragraph 2, part 5 of this Article shall be exempt from the duty of filing declarations, provided they do not hold other positions set out in Clause 1, SubClause “a” of Clause 2, Part 1, Article 3 of this Law.
{Part 5 of Article 45 has been supplemented with paragraph 3 under Law No. 1975-VIII of 23 March 2017}
{Article 45 has been supplemented with part 5 under Law No. 1798-VIII of 21 December 2016}
6. Section VII of this Law shall not apply to non-resident foreigners who are independent members of the supervisory board of a state bank, for-profit state-owned enterprise or organisation, economic company with more than 50 per cent of authorised capital shares owned by the state.
{Article 45 has been supplemented with part 6 under Law No. 140-IX of 02 October 2019}
Article 46. Information to be included in the declaration
1. The declaration shall contain information on:
1) last name, given name and patronymic, day, month and year of birth, registration number of the taxpayer registration card, series and number of passport of a citizen of Ukraine, unique record number in the Unified State Demographic Register of the subject of declaration and his/her family members, registered place of their residence, as well as their actual place of residence or mailing address to which correspondence may be sent to the subject of declaration by the National Agency, place of work (military service), or place of future work (military service), current position, or aspired position, and category of the position (if any) of the subject of declaration, including being an official holding a position of high and especially high responsibility, a subject of declaration holding a position of high corruption risks, and being a public figure in accordance with the Law of Ukraine “On Preventing and Counteracting the Legalisation (Laundering) of Illicitly Obtained Income, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction.”
{Paragraph 1, Clause 1, part 1 of Article 46 as revised by Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
Military service people of low rank, sergeant and sergeant-major rank, junior and senior officer rank shall not specify information about their place of work (service) or future work (service), or position held;
{Clause 1, part 1 of Article 46 has been supplemented with paragraph 2 under Law No. 1975-VIII of 23 March 2017}
persons mentioned in Subclause “c” of Clause 2, part 1, Article 3 of this Law shall also state information about the name of the Competition and Disciplinary Commissions whose member they are (were);
{Clause 1, part 1 of Article 46 has been supplemented with Paragraph 3 under Law No. 1975-VIII of 23 March 2017; as revised by Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020; as amended by Law No. 524-IX of 04 March 2020}
{Clause 1, part 1 of Article 46 as amended by Law No. 1022-VIII of 15 March 2016}
2) real estate privately owned by the subject of declaration and members of his/her family, including joint ownership, or property they rent or use based on another right of use, irrespective of the form of the transaction, by which such a right was acquired. Such data shall include:
а) information on the type, property characteristics, location, date title to the property was acquired, the date it was rented or otherwise used, and the value of the property on the date when it came into ownership, possession or use;
b) if immovable property is in joint ownership, the information mentioned in Clause 1, part 1of this Article about all co-owners or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs shall be given. If immovable property is leased out or otherwise lawfully used, the information mentioned in Clause 1, part 1 of this Article about such property owner or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs shall also be given;
{Clause 2, part 1 of Article 46 as amended by Law No. 198-VIII of 12 February 2015}
2-1) constructions in progress, constructions not commissioned into operation or where the ownership is not registered in the manner prescribed by law, which:
а) are owned by the subject of declaration or members of his/her family in accordance with the Civil Code of Ukraine;
b) are located in land plots owned by the subject of declaration or members of his/her family as their private property, including joint ownership, lease or any other lawful use, irrespective of the legal grounds for acquisition of such right;
c) are built, completely or in part, with the materials or at the expense of the subject of declaration or the members of his/her family.
а) information about the property location;
b) information about the owner or user of the land plot where the property is being constructed;
c) if property is in joint ownership, information mentioned in Clause 1, part 1 of this Article about all co-owners or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs shall be given;
{Part 1 of Article 46 has been supplemented with Clause 2–1 under Law No. 631-VIII of 16 July 2015}
3) valuable movable property the value of which exceeds 100 subsistence minimums for able-bodied persons, established as of 01 January of the reporting year and title to which is held privately by the subject of declaration or members of his/her family, including joint ownership, or is in his/her possession or use regardless of the form of the transaction by which such title was acquired. Such data shall include:
{Paragraph 1, Clause 3, part 1 of Article 46 as amended by Laws No. 1022-VIII of 15 March 2016, No. 1774-VIII of 06 December 2016}
а) information on the type of property, characteristics of the property, the date title to the property was acquired, the date it was rented or otherwise used, and the value of the property on the date when it came into ownership, possession or use;
b) information on vehicles and other self-propelled machines and mechanisms shall also include data on their make and model, year of manufacture, and identification number (if any). Information on vehicles and other self-propelled machines and mechanisms shall be reported regardless of their value;
c) if movables are in joint ownership, the information mentioned in Clause 1, part 1 of this Article about all co-owners or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs shall be given. If movables are leased out or otherwise lawfully used, the information mentioned in Clause 1, part 1 of this Article about such property owners or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs shall also be given.
Note. Valuable movable property specified in this Clause (except for vehicles and other self-propelled machines and mechanisms), the rights to which had been acquired before submission by the subject of declaration of the first declaration in accordance with the requirements of this Law, shall be declared with a mandatory indication of whether such property was acquired before the period of performance of the functions of state or local government or during such period. At the same time, indication of data on the value of such property and the date of its acquisition in ownership, possession or use shall not be a mandatory requirement;
{Clause 3, part 1 of Article 46 has been supplemented with paragraph 5 under Law No. 1022-VIII of 15 March 2016}
{Clause 3, part 1 of Article 46 as amended b Law No. 198-VIII of 12 February 2015}
4) securities, including shares, bonds, checks, certificates or promissory notes, belonging to the subject of declaration or members of his/her family, including information about the type of the security, its issuer, the date of obtaining ownership of securities, quantity and par value of the securities. If the securities are transferred to another person for management, the information required in Clause 1, part 1 of this Article on that person as well as the owner or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs shall also be provided;
{Clause 4, part 1 of Article 46 as amended by Law No. 198-VIII of 12 February 2015}
5) other equity rights that belong to the subject of declaration or his/her family members, with an indication of the name of each economic entity, its organisational and legal form, code in the Unified State Register of Enterprises and Organisations of Ukraine and the share in the authorised (share) capital of the company, enterprise or organisation, in monetary and percentage terms;
5-1) legal entities, trusts or other similar legal entities where an ultimate beneficial owner (controller) is the subject of declaration or members of his/her family.
The terms “ultimate benefìcial owner (controller)”, “trust” shall be used in the meanings established by the Law of Ukraine “On Preventing and Counteracting Legalisation (Laundering) of Proceeds from Crime, Financing of Terrorism and Proliferation of Weapons of Mass Destruction”;
{Part 1 of Article 46 has been supplemented with Clause 5–1 under Law No. 198-VIII of 12 February 2015; as revised by Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
6) intangible assets owned by the subject of declaration or his/her family members, including intellectual property objects that can have value in monetary terms, cryptocurrencies. Information on intangible assets include data on the type and characteristics of such assets, the value of assets at the time of title acquisition, and the date when title to them arose;
{Clause 6, part 1 of Article 46 as amended by Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
7) income earned by the subject of declaration or his family members, including income in the form of salaries (monetary allowance) obtained at the main place of work, and concurrently for other work, fees, dividends, interest, royalties, insurance payments, charitable aid, pension, income from alienation of securities and equity rights, gifts and other income.
{Paragraph 1, Clause 7, part 1 of Article 46 as amended by Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
Such information shall include data on the type of income, source of income and its size. Information about a gift shall only be given if the value of such gift exceeds five subsistence minimums for able-bodied persons, established as of 01 January of the reporting year; and for gifts in a monetary form, if the amount of such gifts received from the same person (group of persons), within a year, exceeds five subsistence minimums for able-bodied persons established as of 01 January of the reporting year;
{Paragraph 2, Clause 7, part 1 of Article 46 as revised by Law No. 198-VIII of 12 February 2015; as amended by Law No. 1774-VIII of 06 December 2016}
8) monetary assets of the subject of declaration or his/her family members, including cash, funds in bank accounts or stored in a bank, contributions to credit unions and other non-banking financial institutions, funds lent to third parties, and assets in the form of precious (bank) metals. Information on monetary assets shall include information on the type, size and currency of the asset, as well as the name and code in the Unified State Register of Enterprises and Organisations of Ukraine of the institution where respective accounts were opened or to which respective contributions were made. Available assets (including cash, money on bank accounts, deposits with credit unions and other non-banking financial institutions, funds lent to third parties) and assets in the form of precious (bank) metals, the value of which does not exceed 50 subsistence minimums for able-bodied persons, established as of 01 January of the reporting year, shall not be subject to declaration;
{Clause 8, part 1, Article 46 as amended by Laws No. 198-VIII of 12 February 2015, No. 1774-VIII of 06 December 2016, No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
8-1) banking and other financial institutions, including those abroad, where accounts are opened in the name of the subject of declaration or his/her family members (regardless of the type of account, as well as accounts opened by third parties in the name of the subject of declaration or his/her family members) or where funds, other property are stored. Such information shall include details of account type and number, details of the banking or other financial institution, persons entitled to dispose of such account or access to an individual bank safe, persons who opened an account in the name of the subject of declaration or his/her family members;
{Part 1 of Article 46 has been supplemented with Clause 8–1 under Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
9) financial obligations of the subject of declaration or his/her family members, including loans, credits received, leasing obligations, the amount of funds paid towards the principal amount of a loan (credit) sum and interest on a loan (credit), loan (credit) balance at the end of the reporting period, obligations under insurance contracts and non-state pension provision contracts. Information on financial obligations shall include data on the type of obligation, its size, currency of obligation, details about the person in whose favor such obligations arose in accordance with Clause 1, part 1 of this Article, or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs, and the date when the obligation appeared. Such information shall be provided only if the value of the obligation exceeds 50 subsistence minimums for able-bodied persons, established as of 01 January of the reporting year.
{Paragraph 1, Clause 9, part 1 of Article 46 as amended by Laws No. 198-VIII of 12 February 2015, No. 1774-VIII of 06 December 2016, No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
If real estate or movable property constitute the subject matter of the transaction to ensure the performance of the obligation, the declaration shall indicate the type of property, its location, price and information about the owner of the property, in accordance with Clause 1, part 1 of this Article, or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs. If a surety is the means of securing the received obligation, the declaration shall contain the information on the guarantor specified in Clause 1, part 1 of this Article or the name of the respective legal entity and the code in the Unified State Register of Legal Entities and Individual Entrepreneurs;
{Paragraph 2, Clause 9, part 1 of Article 46 as revised by Law No. 198-VIII of 12 February 2015}
10) expenditures as well as any other transactions made within the reporting period, based on which the subject of declaration obtains or terminates the right of ownership, possession or use, including joint ownership, of real estate or movable property, intangible and other assets, as well as financial obligations referred to in Clauses 2–9, part 1 of this Article.
{Paragraph 1, Clause 10, part 1 of Article 46 as amended by Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
Such information shall be specified if the amount of the corresponding expenditure exceeds 50 subsistence minimums for able-bodied persons, established as of 01 January of the reporting year; such information shall include data on the type of transaction and its subject matter. Upon the written request of the National Agency, the subject of declaration shall provide information about the name of the counterparty;
{Paragraph 2, Clause 10 Part 1 of Article 46 as amended by Law No. 198-VIII of 12 February 2015; as revised by Law No. 1022-VIII of 15 March 2016; as amended by Law No. 1774-VIII of 06 December 2016}
11) a position or job that is being or was performed concurrently: data on a position or job (paid or not) that is performed under an agreement (contract), name of the legal entity or individual for whom the person is or was employed concurrently, with an indication of the code in the Unified State Register of Legal Entities and Individual Entrepreneurs, or last name, given name and patronymic of the individual with an indication of his/her registration number of the taxpayer registration card;
12) participation of the subject of declaration in management, revisionary or supervisory bodies of public associations, charities, self-regulatory or self-governing professional associations, membership in such associations (organisations) with an indication of the names of the respective associations (organisations) and their code in the Unified State Register of Legal Entities and Individual Entrepreneurs.
2. The information referred to in part 1 of this Article shall be provided regardless of whether the object of declaration is in Ukraine or abroad.
The National Agency shall specify in the form of a declaration the data to be provided for the purpose of identification of individuals or legal entities, including foreigners, stateless persons, foreign legal entities, as well as the objects of declaration for which information is provided in the declaration.
{Part 2 of Article 46 has been supplemented with paragraph 2 under Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
Data on an object of declaration owned or used by the subject of declaration or his/her family members shall be included in the declaration if such object was in the possession or use as of the last day of the reporting period or for at least half of the days of the reporting period.
{Part 2 of Article 46 has been supplemented with paragraph 3 under Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
3. A declaration shall also contain information about the objects of declaration provided for in Clauses 2–8, part 1 of this Article, which are owned by third party, if a subject of declaration or member of his/her family gains proceeds or has the right to proceeds from such object or is entitled, directly or indirectly (through any other individuals or legal entities) to deal with such object in a way similar to disposal.
The information provided for in this part shall not be indicated in the declaration if the relevant objects are owned by a legal entity specified in Clause 5-1, part 1 of this Article and are mainly used within the scope of economic activity of such legal entity (industrial equipment, special machinery, etc.).
The provisions of this part shall be applied during submission of declarations by officers in position of high and especially high responsibility, as well as by subjects of declaration holding a position of high corruption risks in accordance with Article 51-3 of this Law.
{Paragraph 3, part 3 of Article 46 as amended by Law No. 1079-IX of 15 December 2020}
{Article 46 has been supplemented with a new part under Law No. 631-VIII of 16 July 2015}
4. Information required by Clause 10, part 1 of this Article shall not be indicated in the declarations of persons who aspire to hold positions specified in Clause 1, Subclause “a” of Clause 2, part 1, Article 3 of this Law, as well as in declarations that are submitted under Paragraph 2, part 3, Article 45 of this Law.
{Part 4 of Article 46 as amended by Laws No. 1975-VIII of 23 March 2017, No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020}
5. Income and expenditures of the subjects of declaration shall be indicated in the currency of Ukraine.
The cost of property, property rights, assets and other objects of declaration referred to in part 1 of this Article shall be indicated in the currency of Ukraine at the time of acquisition of title or last monetary valuation.
The cost of property, property rights, assets and other objects of declaration which are in possession or use of the subject of declaration shall be indicated if it is known to the subject of declaration or had to become known to him/her as a result of the commission of the relevant transaction.
6. Income/expenditures received/made in foreign currency, for the purposes of indication in the declaration, shall be calculated in the national currency of Ukraine based on the currency (exchange) rate of the National Bank of Ukraine effective on the date of receipt of income/making expenditures. As regards income/expenditures received/made abroad, the state where they were received/made shall be indicated.
7. If a family member of a subject of declaration refuses to provide any information or part thereof for filling in the declaration, the subject of declaration shall be obliged to indicate this in the declaration, stating all known information about such family member, as stipulated by Clauses 1–12 of part 1 of this Article.
Note. For the purposes of Section VII and subject to the provisions of Article 1 of this Law, family members of a subject of declaration who are not his/her spouses or minor children as of the last day of the reporting period shall be considered to have been persons who have cohabited with the subject of declaration as of the last day of the reporting period or in total for at least 183 days during the year, preceding the year of submission of the declaration.
{Article 46 has been supplemented with Note under Law No. 140-IX of 02 October 2019 – amendments shall become effective from 01 January 2020; as amended by Law No. 524-IX of 04 March 2020}
Article 47. Accounting and disclosure of declarations
1. Submitted declarations shall be included in the Unified State Register of Declarations of Persons Authorised to Perform the Functions of State or Local Government that is formed and maintained by the National Agency under the procedure established by it. The National Agency shall provide unhindered, round-the-clock access to the Unified State Register of Declarations of Persons Authorised to Perform the Functions of State or Local Government on the official website of the National Agency through the possibility to view, copy and print information, as well as a set of data (electronic record), organised in a format that allows its automatic processing by electronic means (machine reading) for further reuse.
{Paragraph 1, part 1 of Article 47 as amended by Laws No. 140-IX of 02 October 2019, No. 1079-IX of 15 December 2020}
{Paragraph 2, part 1 of Article 47 has been deleted under Law No. 1079-IX of 15 December 2020}
{Paragraph 3, part 1 of Article 47 has been deleted under Law No. 1079-IX of 15 December 2020}
Information specified in the declaration regarding the registration number of the taxpayer registration card or series and number of a passport of a citizen of Ukraine, unique record number in the Unified State Demographic Register, place of residence, date of birth of individuals in relation to whom information in the declaration is given, location of the objects that are specified in the declaration (except for the oblast, raion, settlement where the object is located), account number with a bank or other financial institution shall be restricted information and shall not be subject to public disclosure.
{Paragraph 4, part 1 of Article 47 as amended by Laws No. 597-VIII of 14 July 2015, No. 524-IX of 04 March 2020}
2. Information about a person in the Unified State Register of Declarations of Persons Authorised to Perform the Functions of State or Local Government shall be stored for the entire period during which the individual performs functions of state or local government and for five years after the termination of such functions, except for the last declaration filed by the person, which is stored for an unlimited term.
Article 48. {Article 48 has been deleted under Law No. 1079-IX of 15 December 2020}
Article 49. {Article 49 has been deleted under Law No. 1079-IX of 15 December 2020}
Article 50. {Article 50 has been deleted under Law No. 1079-IX of 15 December 2020}
Article 51. {Article 51 has been deleted under Law No. 1079-IX of 15 December 2020}
Article 51-1. Control and examination of declarations
1. The National Agency shall conduct the following types of control regarding declarations filed by the subjects of declaration:
1) control with respect to timeliness of filing;
2) control with respect to accuracy and completeness;
3) logical and arithmetic control.
2. The National Agency shall conduct a comprehensive examination of declarations in accordance with this Law.
3. The procedure for control, as stipulated by this Article, as well as comprehensive examination of declarations shall be determined by the National Agency.
4. Control and examination of declarations, as well as decisions made on their results, shall not hinder pre-trial investigation and court proceedings in the manner prescribed by the Criminal Procedure Code of Ukraine.
5. The types of control over declarations submitted by persons who, in the positions they hold, belong to the personnel of the intelligence bodies of Ukraine and/or hold positions associated with a state secret in connection with the direct performance by such persons of operational-search, counter-intelligence, intelligence activities, as well as persons applying for such positions, and persons who have terminated their activities, shall be carried out by authorised units (authorised persons) of the relevant state authorities or military formations under the procedure determined by the National Agency.
6. Special procedures for conducting a comprehensive examination of declarations submitted by judges, judges of the Constitutional Court of Ukraine shall be established by Article 52-2 of this Law.
{The Law has been supplemented with Article 51-1 under Law No. 1079-IX of 15 December 2020}
Article 51-2. Verification of the timeliness of declaration filing
1. State authorities, authorities of the Autonomous Republic of Crimea, local government authorities, and legal entities of public law shall verify the fact of submission by a subject of declaration of a declaration according to this Law, who work (used to work or are members or were members of the Competition Commission established in the authority/body, members of the Civic Integrity Council) in them and inform the National Agency about cases of non-submission or late submission of such declarations under the procedure established by the Agency.
2. If as a result of control it is discovered that a subject of declaration did not submit a declaration, the National Agency shall notify such subject of declaration in writing of this fact, and the subject of declaration shall submit a declaration within ten days upon receipt of such notification, in the manner specified in part 1, Article 45 of this Law.
At the same time, the National Agency shall notify the specially authorised counter-corruption entities, head of the state authority, authority of the Autonomous Republic of Crimea, local government authority, head of their Staff, head of legal entity of public law in writing about the fact of non-submission of the declaration by the respective subject of declaration.
3. If the National Agency establishes the fact of non-submission of the declaration by a judge, a judge of the Constitutional Court of Ukraine, the National Agency shall report such circumstances in writing to the High Council of Justice or to the Chairman of the Constitutional Court of Ukraine.
{The Law has been supplemented with Article 51-2 under Law No. 1079-IX of 15 December 2020}
Article 51-3. Comprehensive examination of declarations
1. The Comprehensive examination of a declaration shall consist of verifying the accuracy of the declared data, accuracy of evaluation of declared assets, checking for the presence of a conflict of interests and signs of unjust enrichment and may be conducted during the period when the subject of declaration carries out activities related to performance of functions of state or local government and within three years after the termination of such activities.
Declarations of officials that hold position of high and especially high responsibility, of subjects of declaration who hold positions associated with a high level of corruption risks, the list of which is approved by the National Agency, shall be subject to mandatory comprehensive examination.
Declarations filed by other subjects of declaration, in the event of discrepancies discovered as a result of logical and arithmetical control, shall also be subject to comprehensive examination.
The National Agency shall conduct a comprehensive examination of the declaration, and shall independently conduct a comprehensive examination of information to be indicated in the declaration with regard to family members of the subject of declaration, in cases stipulated by part 7, Article 46 of this Law.
The National Agency shall examine declarations based on information received from individuals and legal entities, from media and other sources about the possible indication of false data in the declaration.
The National Agency shall determine the procedure for the selection of declarations for mandatory comprehensive examination and the order of such examination based on risk assessment, as well as the procedure for the automatic allocation of responsibilities for carrying out a comprehensive examination among the authorised persons of the National Agency.
The National Agency shall, using the software of the Unified State Register of Declarations of Persons Authorised to Perform State or Local Government Functions, ensure maintenance of the priority of declarations selected for comprehensive examination and shall inform the subject of declaration of the inclusion of the declaration submitted by him/her in the said priority of declarations.
2. When results of the comprehensive examination of the declaration indicate that false information was included in the declaration, the National Agency shall notify thereof in writing the head of the relevant state authority, the authority of the Autonomous Republic of Crimea, local government authority, head of their Staff, head of legal entity of public law, where the respective subject of declaration works, and specially authorised counter-corruption entities.
3. If the results of the comprehensive examination of the declaration reveal signs of unjustified asset, the National Agency shall allow the subject of declaration to provide a written explanation of this fact with the relevant evidence within ten working days. In case of non-submission or incomplete submission of a written explanation and evidence by the subject of declaration within the specified deadline, the National Agency shall notify thereof the National Anti-Corruption Bureau of Ukraine and the Specialised Anti-Corruption Prosecution.
Note. Official persons who hold positions of high and especially high responsibility in this Article shall mean the President of Ukraine, the Prime Minister of Ukraine, a member of the Cabinet of Ministers of Ukraine, First Deputy and Deputy Minister, a member of the National Council of Television and Radio Broadcasting of Ukraine, the National Commission for State Regulation of Financial Services Markets, the National Securities and Stock Market Commission, the Antimonopoly Committee of Ukraine, the Head of the State Committee for Television and Radio Broadcasting of Ukraine, the Head of the State Property Fund of Ukraine, his/her First Deputy or Deputy, a member of the Central Election Commission, a member, inspector of the High Council of Justice, a member, inspector of the High Qualification Commission of Judges of Ukraine, a Member of the Parliament of Ukraine, the Ukrainian Parliament Commissioner for Human Rights, the Commissioner for the Protection of the State Language, members of the National Commission for Standards of the State Language, the Director of the National Anti-Corruption Bureau of Ukraine, his/her First Deputy and Deputy, the Chairman of the National Agency on Corruption Prevention and his/her Deputies, the Prosecutor General, his/her First Deputy and Deputy, the Head of the National Bank of Ukraine, his/her First Deputy and Deputy, a member of the National Bank’s Council, the Secretary of the National Security and Defense Council, his/her First Deputy and Deputy, the Head of the Office of the President of Ukraine, his/her First Deputy and Deputy, the Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, his/her First Deputy and Deputy, an adviser or assistant to the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Prime Minister of Ukraine, positions belonging to civil service positions of categories “A” and “B”, and positions assigned, in accordance with part 1, Article 14 of the Law of Ukraine “On Service in Bodies of Local Self-Government”, to categories 1–3, and also judges, judges of the Constitutional Court of Ukraine, prosecutors, investigators and interrogators, Heads and Deputy Heads of state authorities which jurisdiction covers the entire territory of Ukraine, Heads of their Staff and Heads of their independent structural units, Heads and Deputy Heads of state authorities, authorities of the Autonomous Republic of Crimea which jurisdiction covers the territory of one or more oblasts, the Autonomous Republic of Crimea, Kyiv and Sevastopol, Heads of state authorities, authorities of the Autonomous Republic of Crimea which jurisdiction covers the territory of one or more raions, a city of republican significance in the Autonomous Republic of Crimea or of Oblast significance, a district in a city, city/town of raion significance, and senior-ranking military officials.
{The Law has been supplemented with Article 51-3 under Law No. 1079-IX of 15 December 2020}
Article 51-4. Monitoring the lifestyle of subjects of declaration
1. The National Agency shall selectively monitor the lifestyles of subjects of declaration in order to establish a correspondence between their standard of living and property and the income they and their family members receive according to the declaration of a person authorised to perform the functions of state or local government, which is filed under this Law.
2. Lifestyle monitoring of the subjects of declaration shall be performed by the National Agency on the basis of information received from individuals and legal entities, as well as from the media and other open sources of information, which contains information about a discrepancy between the standard of living of the subjects of declaration and their declared property and income.
3. The procedure for monitoring the lifestyles of the subjects of declaration shall be determined by the National Agency.
Lifestyle monitoring shall be carried out in compliance with the legislation on personal data protection and shall not involve undue abuse of the right to privacy and family life of a person.
4. Established inconsistencies in the standard of living and property and income declared by a subject of declaration shall serve as grounds for comprehensive examination of a declaration. If the National Agency discovers discrepancies in living standards, it shall give the subject of declaration an opportunity, within ten working days, to provide a written explanation about this fact.
If lifestyle monitoring reveals signs of corruption or corruption-related offences, the National Agency shall inform the specially authorised counter-corruption entities hereof.
5. Specific aspects of monitoring the lifestyle of judges and judges of the Constitutional Court of Ukraine shall be established by Article 52-2 of this Law.
{The Law has been supplemented with Article 51-4 under Law No. 1079-IX of 15 December 2020}
Article 52. Additional measures of financial control
1. When a subject of declaration or his/her family member open a foreign currency account in a non-resident bank, the respective subject of declaration shall be obliged to notify thereof the National Agency in writing within ten days, under the established procedure, indicating the account number and location of the non-resident bank.
{Part 2 of Article 52 has been deleted under Law No. 1079-IX of 15 December 2020}
{Part 3 of Article 52 has been deleted under Law No. 1079-IX of 15 December 2020}
4. If there are significant changes in the subject of declaration’s material status, namely receipt of income, purchase of property for a sum exceeding 50 subsistence minimums for able-bodied persons, established as of 01 January of the respective year, the mentioned subject of declaration, within ten days from the receipt of income, property purchase, or spending, shall be obliged to notify the National Agency thereof. This information shall be entered into the Unified State Register of Declarations of Persons Authorised to Perform the Functions of State or Local Government and published on the official website of the National Agency.
{Article 52 has been supplemented with part 4 under Law No. 1079-IX of 15 December 2020}
The provisions of part 4 of this Article shall apply to subjects of declaration who are officials holding positions of high and especially high responsibility, as well as by subjects of declaration holding positions involving high levels of corruption risks, in accordance with Article 51-3 of this Law.
5. The National Agency shall determine the procedure for informing this Agency about the opening of a foreign currency account in non-resident banks, as well as about significant changes in material status.
{Article 52 has been supplemented with part 5 under Law No. 1079-IX of 15 December 2020}
Article 52-1. Specific aspects of implementation of financial control measures concerning certain categories of persons
1. With respect to the persons referred to in Subclauses “c”, “d”, “f”, “g”, “j”, “k” of Clause 1, part 1, Article 3 of this Law, who, in the positions they hold, belong to the personnel of the intelligence bodies of Ukraine and/or hold positions associated with a state secret in connection with the direct performance by such persons of operational-search, counter-intelligence, intelligence activities, as well as persons applying for such positions, and persons who have terminated their activities, the measures provided for in Section VII of this Law, shall be organised and shall be carried out in such a way as to make it impossible to disclose the affiliation of such persons to the relevant relevant state authorities or military formations, under the procedure established by the National Agency.
The family members of the persons referred to in the paragraph 1, part 1 of this Article, who are the subjects of declaration under this Law, for the purpose of keeping state secrets shall provide the data on such persons in volumes, form and content that make it impossible to disclose their belonging to these authorities.
This Article shall not apply to officials appointed and dismissed by the acts of the President of Ukraine and the Verkhovna Rada of Ukraine, that do not constitute state secrets. Such persons shall file declarations of persons authorised to perform the functions of state or local government in accordance with the general procedure under Section VII of this Law.
{Section VII has been supplemented with Article 52-1 under Law No. 597-VIII of 14 July 2015; as revised by Law No. 140-IX of 02 October 2019}
Article 52-2. Specific aspects of comprehensive examination of declarations, monitoring the lifestyles of judges, judges of the Constitutional Court of Ukraine
1. The procedure for conducting the comprehensive examination of the declaration filed by a judge, a judge of the Constitutional Court of Ukraine and procedure for monitoring the lifestyle of a judge, a judge of the Constitutional Court of Ukraine shall be determined by the National Agency with the consent of the High Council of Justice or the Assembly of Judges of the Constitutional Court of Ukraine, respectively. Such procedure may not establish specific features of conducting the comprehensive examination of the declaration filed by a judge, a judge of the Constitutional Court of Ukraine, monitoring the lifestyle of a judge, a judge of the Constitutional Court of Ukraine, not stipulated by this Law.
2. In case of comprehensive examination of a declaration filed by a judge, a judge of the Constitutional Court of Ukraine, monitoring the lifestyle of a judge, a judge of the Constitutional Court of Ukraine, the National Agency shall immediately, but not later than the next business day from the day of the beginning of such examination or lifestyle monitoring inform about it the High Council of Justice or the Chairman of the Constitutional Court of Ukraine, respectively.
3. The certificate on the results of comprehensive examination of the declaration filed by a judge, a judge of the Constitutional Court of Ukraine, monitoring the lifestyle of a judge, a judge of the Constitutional Court of Ukraine shall be approved by the Chairman of the National Agency or his/her Deputy.
4. Any illegal influence, pressure or interference in the activities of a judge, a judge of the Constitutional Court of Ukraine during the comprehensive examination of the declarations, lifestyle monitoring shall be prohibited.
5. In case of any signs of illegal influence, pressure or interference with the activity of a judge, judge of the Constitutional Court of Ukraine during the comprehensive examination of the declaration or lifestyle monitoring, the judge, judge of the Constitutional Court of Ukraine shall immediately, but not later than the next working day from the day when the judge became aware of these signs, notify thereof the High Council of Justice or the Assembly of Constitutional Court Judges of Ukraine, respectively.
6. The High Council of Justice, the Assembly of Constitutional Court Judges of Ukraine shall consider such notification and may, within ten business days from the day of its receipt, submit to the Chairman of the National Agency a mandatory submission for elimination of violations, identification and bringing to responsibility the persons who committed actions or omissions that violate the guarantees of the independence of judges, judges of the Constitutional Court of Ukraine during the exercise of the powers of the National Agency.
The Chairman of the National Agency shall ensure the consideration of such submission and elimination of violations and within ten working days from the day of receipt of the submission shall inform the High Council of Justice, the Assembly of Constitutional Court Judges of Ukraine about the decisions taken as a result of its consideration.
7. The authorised person of the National Agency that has committed actions or allowed inaction that violates the guarantees of independence of judges, judges of the Constitutional Court of Ukraine shall be subject to disciplinary liability pursuant to the procedure established by law.
{Section VII has been supplemented with Article 52-2 under Law No. 1079-IX of 15 December 2020}
Section VIII
PROTECTION OF WHISTLE-BLOWERS
Article 53. State protection of whistle-blowers
1. The whistle-blowers and their close persons shall be protected by the state.
2. If there is a threat to the life, housing, health and property of whistle-blowers, their close persons in connection with the report of possible corruption or corruption-related offences or other violations of this Law, the law enforcement agencies may apply legal, organisational, technical and other measures to protect them from unlawful encroachments as prescribed by the Law of Ukraine “On Ensuring the Safety of Persons Participating in Criminal Proceedings.”
3. To protect the rights and represent his/her interests, the whistle-blower may use all types of legal assistance provided for by the Law of Ukraine “On Free Civil Legal Aid” or engage a lawyer independently.
The National Agency in case of application of the whistle-blower shall:
1) represent in court the interests of the whistle-blower in cases where the whistle-blower is unable to defend his/her violated or contested rights independently or to exercise procedural competences; and representatives or bodies, which are granted by law the right to protect the rights, freedoms and interests of the whistle-blower, do not exercise or improperly exercise his/her protection;
2) have the right to attend court hearings of all instances, including closed court hearings, subject to the consent of the whistle-blower in whose interests the proceedings are declared closed;
3) have the right to file a statement of claim (petition) to the court to protect the rights and freedoms of whistle-blowers, to participate in court hearings of cases in which proceedings have been commenced on its claims (petitions, applications (submissions);
4) have the right to intervene in cases in which proceedings have been commenced on claims (applications, petitions (submissions) of whistle-blowers at any stage of their proceedings;
5) have the right to initiate, regardless of the participation of the National Agency in judicial proceedings, the review of judgements in the manner prescribed by law.
4. The National Anti-Corruption Bureau of Ukraine, the National Agency, other specially authorised counter-corruption entities, state authorities, authorities of the Autonomous Republic of Crimea, local governments, legal entities of public law and legal entities specified in part 2, Article 62 of this Law, shall be obliged to establish protected anonymous communication channels (online communication channels, anonymous hotlines, electronic mailboxes, etc.), through which a whistle-blower may provide a report with guaranteed anonymity. The National Agency shall determine the requirements for protection of such communication channels.
5. A report of possible corruption or corruption-related offences or other violations of this Law may be made by an employee of the relevant authority without attribution (anonymously).
The requirements for anonymous reporting of possible corruption or corruption-related offences, other violations of this Law and the procedure for their consideration shall be determined by this Law.
An anonymous report on possible facts of corruption or corruption-related offences or other violations of this Law shall be considered if the information contained therein concerns a specific person and contains factual data that can be verified.
An anonymous report on possible facts of corruption or corruption-related offences, other violations of this Law shall be subject to verification within a period not exceeding 15 days from the date of its receipt. If it is impossible to verify the information contained in the report within the specified period, the head of the relevant authority or his deputy shall extend the period of consideration of the report up to 30 days from the date of its receipt.
In case of confirmation of the information on possible facts of corruption or corruption-related offences, other violations of this Law, the head of the relevant authority shall take measures to stop the detected violation, eliminate its consequences and bring the guilty persons to disciplinary liability, and in case of identification of signs of criminal or administrative offence also inform the specially authorised counter-corruption entity about it.
6. Officials and officers of state authorities, authorities of the Autonomous Republic of Crimea, officials of local governments, legal entities of public law, their structural units in case of revealing corruption or corruption-related offence or receiving reports about committing such offence by employees of relevant state authorities, authorities of the Autonomous Republic of Crimea, local governments, legal entities of public law, their structural units, legal entities referred to in part 2 of Article 62 of this Law shall, within their powers, take measures to stop such an offence and immediately, within 24 hours, inform in writing the specially authorised counter-corruption entity about the commission of the offence.
7. The National Agency shall constantly monitor the implementation of the law in the field of protection of whistle-blowers, and shall carry out an annual analysis and review of the state policy in this area.
Note. Close persons of the whistle-blower shall be persons referred to in paragraph 4, part 1, Article 1 of this Law.
{Article 53 as revised by Law No. 198-IX of 17 October 2019}
Article 53-1. Providing conditions for reporting information on possible facts of corruption or corruption-related offences, other violations of this Law
1. The State shall encourage and assist whistle-blowers to report possible facts of corruption or corruption-related offences or other violations of this Law orally and in writing, in particular through special telephone lines, official websites, electronic means of communication, by contacting mass media, journalists, public associations and trade unions.
2. Specially authorised counter-corruption entities, state authorities, authorities of the Autonomous Republic of Crimea, local authorities, legal entities of public law and legal entities specified in part 2, Article 62 of this Law shall provide whistle-blowers with conditions for reporting of possible facts of corruption or corruption-related offences, other violations of this Law by:
1) introducing mechanisms to encourage and form a culture of reporting the possible facts of corruption or corruption-related offences, other violations of this Law;
2) providing employees and persons who serve or study in them or perform certain work with methodological assistance and advice on how to report possible facts of corruption, corruption-related offences or other violations of this Law;
3) defining internal procedures and mechanisms for receiving and reviewing reports of possible facts of corruption or corruption-related offences, other violations of this Law, and for verifying and responding appropriately to such reports;
4) mandatory establishing and functioning of internal and regular channels for reporting of possible facts of corruption or corruption-related offences, other violations of this Law.
{Section VIII has been supplemented with Article 53-1 under Law No. 198-IX of 17 October 2019}
Article 53-2. Procedure for carrying out verification on a whistle-blower's report
1. The whistle-blower shall independently determine which channels to use to report possible facts of corruption or corruption-related offences, other violations of this Law, namely internal, regular or external channels.
2. A report shall contain factual data confirming the possible commission of a corruption or corruption-related offence or other violations of this Law, that may be verified.
3. A report of a corruption or corruption-related offence, other violations of this Law through regular or internal channels of reporting such information shall be subject to preliminary verification within not more than ten working days.
Based on the results of the preliminary verification, the official responsible for conducting it shall make one of the following decisions:
appoint an internal (in-house) verification or investigation of the information in case of confirmation of the facts stated in the notification or if further clarification of their credibility is required;
transfer materials to the body of pre-trial investigation in case of establishing the signs of a criminal offence or to other bodies authorised to respond to the revealed offences under the procedure prescribed by the Criminal Procedure Code of Ukraine;
close the proceedings if the facts set out in the report are not confirmed.
A whistle-blower shall be provided with detailed written information on the results of preliminary verification on his/her report on possible facts of corruption or corruption-related offences, other violations of this Law within three days from the date of completion of the relevant verification.
If the information received on possible facts of corruption or corruption-related offences, other violations of this Law is not within the competence of the body or legal entity to which it was received, the whistle-blower shall be informed about it within three days without conducting a preliminary verification with explanation on competence of bodies or legal entities authorised to conduct verification or investigation of the relevant information.
If the information received relates to actions or omissions of the head of the relevant body or legal entity to which the information was received, such information shall be forwarded without conducting a preliminary verification within three days to the National Agency, which shall determine the procedure for further consideration of such information.
Internal (in-house) verification or investigation on the report of possible facts of corruption or corruption-related offences, other violations of this Law shall be conducted within a period not exceeding 30 days from the date of completion of the preliminary verification. If it is impossible to verify the reported information within the specified period, the head of the relevant body or legal entity or its deputy shall extend the period of verification or investigation of information up to 45 days, which shall be reported to the whistle-blower.
An internal (in-house) verification or investigation may not be entrusted to a person to whom or close persons of whom the reported information relates.
Based on the results of the internal (in-house) verification, the official responsible for conducting it shall make one of the following decisions:
transfer materials to the body of pre-trial investigation in case of establishing the signs of a criminal offence or to other bodies authorised to respond to the revealed offences;
within the competence, prosecute the persons guilty of violating the law, information on which has been reported; eliminate the violations revealed, the causes and conditions of the violation, the consequences thereof; and also take measures to restore the rights and lawful interests of persons and compensate for the losses and damage caused to individuals and legal entities as a result of the violations committed.
Materials of preliminary and internal (in-house) verifications or investigations of reported information on the commission of a corruption or corruption-related offence, other violations of this Law shall be kept by the relevant body or legal entity for a period of three years from the date of receipt of such information.
Information on criminal offence received by pre-trial investigation bodies shall be considered under the procedure established by the Criminal Procedure Code of Ukraine.
Information on administrative offences received by the bodies whose authorised persons have the right to draw up protocols on the relevant administrative offences shall be considered under the procedure established by law.
Consideration of anonymous reports on possible facts of corruption or corruption-related offences and other violations of this Law shall be carried out in the manner prescribed by the Law of Ukraine “On Prevention of Corruption.”
4. For reporting information with limited access (except for information containing a state secret, the procedure for notification of which is determined by law), a whistle-blower may use external channels for reporting information in case if:
1) reporting of information through internal and regular channels has not been effective within the term set for its verification or investigation (verification and investigation of the disclosed information have been refused; identified violations have not resulted in prosecution or initiation of proceedings for bringing the responsible persons to justice, restoring the violated rights and freedoms of persons or compensating the damage caused; no measures have been taken to stop the reported action or or omission; no measures have been taken to prevent reported damage or threat of damage, etc.);
2) the internal channels will not be effective as the information about the damage or threat to the public interest disclosed is considered a matter of public interest under the Law of Ukraine “On Information” and the public's right to know the information prevails over the potential damage from its dissemination;
3) a whistle-blower, his/her close persons have been dismissed from their work (position), disciplinary punished or subjected to other negative actions or measures of discrimination due to a report of possible facts of corruption or corruption-related offences or other violations of this Law;
4) there are no internal or regular channels for reporting possible facts of corruption or corruption-related offences or other violations of this Law, through which relevant information may be reported;
5) there is a real threat of destruction of documents or evidence concerning the disseminated information.
{Section VIII has been supplemented with Article 53-2 under Law No. 198-IX of 17 October 2019}
Article 53-3. Rights and guarantees of whistle-blower protection
1. The rights of the whistle-blower shall arise from the moment of reporting information on possible facts of corruption or corruption-related offences, other violations of this Law.
2. The whistle-blower shall have the right to:
1) be notified of his/her rights and obligations under this Law;
2) submit evidence in support of his/her report;
3) receive from the authorised body to which he/she submitted the report, confirmation of its acceptance and registration;
4) give explanations, testimonies or refuse to give them;
5) receive free legal assistance in connection with the protection of the rights of the whistle-blower;
7) report the facts of possible corruption or corruption-related offences or other violations of this Law without specifying his/her personal data (anonymously);
8) in the case of a threat to life and health, security in respect of himself/herself and his/her close persons, property and homes or refuse to accept such measures;
9) receive reimbursement of expenses in connection with the protection of the whistle-blower's rights, reimbursement of lawyer's fees in connection with the protection of the rights of a person as a whistle-blower, costs of court fees;
10) receive remuneration in cases specified by law;
11) receive psychological assistance;
12) be exempted from legal liability in cases specified by law;
13) receive information on the status and results of consideration, verification and/or investigation of the information reported by him/her.
3. The rights and guarantees of protection of whistle-blowers shall extend to close persons of the whistle-blower.
{Section VIII has been supplemented with Article 53-3 under Law No. 198-IX of 17 October 2019}
Article 53-4. Protection of labour rights of the whistle-blower
1. A whistle-blower, his/her close persons shall not be refused employment, dismissed or forced to dismiss, subjected to disciplinary liability or subjected by the head or the employer to other negative measures (transfer, performance appraisal, change in working conditions, denial of appointment to a higher position, reduction in pay, etc.) or threatened with such measures due to the reporting of possible facts of corruption or corruption-related offences or other violations of this Law.
Negative actions shall also include formally legitimate decisions and actions of a head or an employer which are selective in nature, in particular they do not apply to other employees in similar situations and/or have not been applied to the employee in similar situations before.
2. In case of dismissal of an employee who is a whistle-blower from work, through no fault of his/her own, the remuneration for the period of dismissal shall be in the amount of the average salary of the employee for the last year.
3. The whistleblower, his/her close persons may not be refused the conclusion or extension of an agreement, employment contract (agreement), the provision of administrative and other services in connection with a report of possible facts of corruption or corruption-related offences or other violations of this Law. It shall be prohibited to create obstacles to a whistle-blower, his/her close persons in further implementation of their labour, professional, economic, social, scientific or other activities, service or study, as well as to take any discriminatory measures in connection with the report on possible facts of corruption or corruption-related offences, other violations of this Law.
4. The whistle-blower, his/her close persons whose rights have been violated contrary to the provisions of parts 1–3 of this Article shall be guaranteed the restoration of their violated rights.
5. The whistle-blower, his/her close persons who have been dismissed from work due to a report of possible facts of corruption or corruption-related offences or other violations of this Law shall be immediately reinstated in their previous work (position) and shall be paid their average earnings for the time of forced absence, but not more than for one year. If an application for reinstatement of a whistle-blower or his/her close person in work (position) is considered for more than one year through no fault of their own, they shall be paid their average earnings for the entire period of enforced absence.
6. The whistle-blower, his/her close persons who have been transferred to another permanent lower-paid work (position) due to the report of possible facts of corruption or corruption-related offences, other violations of this Law shall be immediately reinstated in their previous work (position), and they shall be paid the difference in earnings for the period of performance of the lower-paid work, but not more than for one year. If an application for reinstatement of a whistle-blower or his/her close person in work is considered for more than one year through no fault of their own, they shall be paid their average earnings for the entire period of enforced absence.
7. If there are grounds for reinstatement of an employee dismissed in connection with his/her or his/her close person's report of possible facts of corruption or corruption-related offences or other violations of this Law, and in case of his/her refusal of such reinstatement, the employee shall be paid monetary compensation in the amount of six months' average earnings and, if reinstatement is impossible – in the amount of two years' average earnings.
{Section VIII has been supplemented with Article 53-4 under Law No. 198-IX of 17 October 2019}
Article 53-5. Whistle-blower's right to confidentiality and anonymity
1. It shall be prohibited to disclose information about the identity of the whistle-blower, his/her close persons or other data that may uncover the identity of the whistle-blower, his/her close persons, to third parties not involved in the consideration, verification and/or investigation of the facts reported by him/her, as well as to persons, whose actions or omissions relate to the facts reported by him/her, except in cases provided for by the law.
2. If the law allows without the consent of the whistle-blower to make a reasoned decision to disclose information about the whistle-blower or information that may identify the whistle-blower, the whistle-blower must be notified thereof at least 18 working days before the date of disclosure of the relevant information by handing him/her a notice of the relevant decision against receipt. The notice about the disclosure of information on the identity of the whistle-blower must indicate the range of persons to whom the information will be disclosed, as well as the grounds for such disclosure.
3. The unlawful disclosure of information about a whistle-blower shall be punishable under the law.
{Section VIII has been supplemented with Article 53-5 under Law No. 198-IX of 17 October 2019}
Article 53-6. Whistleblower's right to receive information
1. The whistle-blower shall have the right to receive information on the status and results of consideration, verification and/or investigation in connection with the report of possible facts of corruption or corruption-related offences or other violations of this Law.
2. The information provided for in part 1 of this Article shall be provided to the whistle-blower upon his/her application by the authority, legal entity, official or officer responsible for consideration, verification and/or investigation in connection with his/her report on possible facts of corruption or corruption-related offences, other violations of this Law, not later than five days after receiving the application, as well as the final results of consideration, verification and/or investigation.
{Section VIII has been supplemented with Article 53-6 under Law No. 198-IX of 17 October 2019}
Article 53-7. Remuneration to the whistle-blower
1. The whistle-blower who has reported a corruption offence, the monetary value of the object of which or the damage caused to the state from which exceeds five thousand or more times the subsistence minimum for able-bodied persons established by law at the time of the offence, shall have the right to remuneration.
2. The amount of the remuneration after conviction shall be 10 per cent of the monetary value of the object of the corruption offence or the amount of the damage caused to the state. The amount of remuneration shall not exceed three thousand minimum salaries established by law at the time of the offence.
3. If several whistle-blowers provide different information about the same corruption offence, including information which supplements the relevant facts, the amount of remuneration shall be shared in equal parts among such whistle-blowers.
{Section VIII has been supplemented with Article 53-7 under Law No. 198-IX of 17 October 2019}
Article 53-8. Legal liability of the whistle-blower
1. The whistle-blower shall not be legally liable for reporting possible facts of corruption or corruption-related offences, other violations of this Law, disseminating the information specified in a report, despite the possible violation of official, civil, labour or other duties or obligations by such a report.
2. Reporting the possible facts of corruption or corruption-related offences, other violations of this Law may not be considered as a violation of the conditions of confidentiality provided for in the civil, labour or other agreement (contract).
3. The whistleblower shall be released from civil liability for property and/or moral damage caused as a result of reporting of possible facts of corruption or corruption-related offences, other violations of this Law, except in the case of knowingly false report. In case of unintentional report of inaccurate information by a whistle-blower, the information shall be subject to refutation under the procedure established by the Civil Code of Ukraine.
{Section VIII has been supplemented with Article 53-8 under Law No. 198-IX of 17 October 2019}
Article 53-9. Powers of authorised units (authorised persons) on corruption prevention and detection in the field of protection of whistle-blowers
1. The powers of authorised units (authorised persons) on corruption prevention and detection in the field of protection of whistle-blowers shall include:
1) organising the work of internal channels for reporting possible facts of corruption or corruption-related offences, other violations of this Law, receiving and organising the consideration of information reported through such channels;
2) cooperating with whistle-blowers, ensuring compliance with their rights and guarantees of protection provided for by law;
3) providing employees of the relevant authority or legal entity or persons who serve or study in them, perform certain work, with methodological assistance and advice on reporting of possible facts of corruption or corruption-related offences, other violations of this Law, and protection of whistle-blowers, conducting internal trainings on these issues.
2. To exercise the powers in the field of protection of whistle-blowers, the authorised units (authorised persons) on corruption prevention and detection shall have the right to:
1) demand documents, including those containing restricted information (except for state secrets) from other structural units of the relevant body or legal entity, and make or receive copies thereof;
2) summon and question the persons, whose actions or omissions are related to the facts reported by the whistle-blower, including the head or deputy heads of the authority, institution or organisation;
3) apply to the National Agency regarding the violated rights of the whistle-blower, his/her close persons;
4) submit a proposal to the head of the respective body or legal entity to bring the guilty persons to disciplinary liability for the violation of this Law;
5) exercise other powers defined by law, aimed at a comprehensive review of the reports of whistle-blowers and the protection of their rights and freedoms.
Heads and deputy heads of the relevant units or responsible officials whose responsibilities include the organisation of internal channels for reporting the possible facts of corruption or corruption-related offences or other violations of this Law, receipt and organisation of consideration of information reported through them, cooperation with the whistle-blowers, shall be accountable and responsible in their activities only to the head of the relevant authority or legal entity.
The head of the authorised unit on corruption prevention and detection shall appoint a separate person responsible for exercising the powers in the field of protection of whistle-blowers.
{Section VIII has been supplemented with Article 53-9 under Law No. 198-IX of 17 October 2019}
Section IX
OTHER MECHANISMS FOR PREVENTING AND COMBATING CORRUPTION
Article 54. Prohibition for state authorities and local governments to receive benefits, services and property
1. State authorities, authorities of the Autonomous Republic of Crimea and local state authorities shall be prohibited from receiving money or other assets, intangible assets, property advantages, benefits or services, free of charge from individuals and legal entities, except as provided for by applicable laws or international treaties in force ratified by the Verkhovna Rada of Ukraine.
2. Illegal receipt from individuals or legal entities of money or other property, intangible assets, property advantages, benefits or services, free of charge, if there are appropriate grounds, shall entail the liability of officials of state authorities, authorities of the Autonomous Republic of Crimea and local governments.
Article 55. Anti-corruption expertises
1. An anti-corruption expertise shall be carried out to identify contributing factors or those that may contribute to the commission of corruption offences in the effective regulatory acts and draft regulatory acts, and to develop recommendations for their elimination.
2. A mandatory anti-corruption expertise shall be carried out by the Ministry of Justice of Ukraine, except for an anti-corruption expertise of draft regulatory acts submitted for consideration to the Verkhovna Rada of Ukraine by the Members of Parliament of Ukraine, which is carried out by a Committee of the Verkhovna Rada of Ukraine in charge of anti-corruption issues.
The Ministry of Justice of Ukraine shall define the procedure and methodology for conducting an anti-corruption expertise, as well as the procedure for announcement of its results.
3. All draft regulatory acts submitted for consideration to the Cabinet of Ministers of Ukraine shall be subject to mandatory anti-corruption expertise, which shall be carried out by the Ministry of Justice of Ukraine.
4. The Ministry of Justice of Ukraine shall carry out an anti-corruption expertise of regulatory acts in accordance with its approved annual plan. The said anti-corruption expertise shall be carried out in accordance with the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine in the following areas:
1) rights and freedoms of humans and citizens;
2) powers of state authorities, local state authorities and persons authorised to perform the functions of state or local government;
3) provision of administrative services;
4) allocation and expenditure of state budget and local budgets;
5) bidding (tender) procedure.
An anti-corruption expertise of regulatory acts of state authorities, whose regulatory acts are subject to state registration, shall be carried out during such registration.
5. The National Agency may, at its own initiative, carry out an anti-corruption expertise of draft regulatory acts submitted for consideration to the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, following the procedures it has established.
The Cabinet of Ministers of Ukraine shall forward to the National Agency all relevant draft regulatory acts for conducting an anti-corruption expertise.
The National Agency shall inform the respective Committee of the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine about the performance of an anti-corruption expertise of the respective draft regulatory act, which shall serve as the basis for suspension of its consideration or approval, but for no longer than 10 days.
The Public Council under the National Agency shall be engaged to participate in its anti-corruption expertise.
6. Results of the anti-corruption expertise of effective regulatory acts in cases when factors that contribute or may contribute to corruption offences are detected, shall be subject to mandatory disclosure on the official website of the relevant authority which performed the expertise in question.
7. A public anti-corruption expertise of existing regulatory acts and draft regulatory acts may be carried out upon the initiative of individuals, public associations and legal entities.
A public anti-corruption expertise of regulatory acts, draft regulatory acts, as well as disclosure of its results shall be carried out at the expense of the respective individuals, public associations, legal entities or other sources not prohibited by legislation.
8. Results of an anti-corruption expertise, including a public expertise, shall be subject to compulsory consideration by the subject of publication (approval) of the appropriate act, its successor or authority to which relevant legislative powers in this area were transferred.
9. The National Agency shall hold periodic reviews of legislation for the presence of corruptogenic standards and submit proposals to the Ministry of Justice to include them into the plan of an anti-corruption expertise provided for by part 4 of this Article. The National Agency may also engage public associations and scientific institutions, on the terms of a government order, on the basis of an open tender, to participate in the said monitoring.
1. A background check, also in regard to information submitted in person shall be conducted regarding persons running for positions that lead to having responsible or particularly responsible status and positions with high corruption risk, the list of which shall be approved by the National Agency.
Background checks shall not be conducted in regard to:
1) candidates for the post of the President, candidates for Members of Parliament of Ukraine, candidates for members of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils and for positions of village, settlement, city heads and starostas;
{Paragraph 3, part 1 of Article 56 as amended by Law No. 1848-VIII of 09 February 2017}
2) citizens who are drafted into military service upon conscription of officers and upon conscription to military service during mobilization, for the special period, or who are involved in the execution of their duties in accordance with staffing tables during wartime;
3) applicants who hold positions in state authorities, authorities of the Autonomous Republic of Crimea and local government, and who are appointed as a result of transfer or promotion to positions within the same authority or appointed as a result of a transfer to positions in other state authorities, authorities of the Autonomous Republic of Crimea or local government;
4) applicants who hold positions in state authorities, authorities of the Autonomous Republic of Crimea and local government which are terminated and therefore such people are appointed as a result of a transfer to other authorities which inherit the powers and functions of the authorities being terminated;
5) persons, when their inclusion in the lists of people’s assessors and jurors is considered.
If the appointment, election or approval for office is performed by a local council, a background check shall be conducted in the manner stipulated by this Law in regard to persons appointed, selected or approved for the relevant positions.
If the appointment of a person to the position of prosecutor takes place in accordance with Section II “Final and Transitional Provisions” of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Priority Measures on Reform of the Prosecutor's Office”, a background check shall be carried out under the procedure established by this Law with regard to the person appointed to the position of prosecutor. If the person does not pass a background check or give consent to the background check, he/she shall be subject to immediate dismissal by the person authorised by law to decide on prosecutor’s dismissal.
{Part 1 of Article 56 has been supplemented with paragraph 9 under Law No. 113-IX of 19 September 2019}
2. The head (deputy head) of the government authority, authority of the Autonomous Republic of Crimea or local government authority, or their staff, where the person is running for a position, shall be responsible for organising a background check, except for instances determined by law. To ensure the organisation of a background check, the head of the relevant government authority, authority of the Autonomous Republic of Crimea or local government, or their staff, may determine the unit responsible for conducting the background check.
The peculiarities of arranging a background check regarding candidates for positions of judges shall be stipulated by the Law of Ukraine “On the Judicial System and Status of Judges”.
The Secretariat of the High Council of Justice and the Secretariat of the High Qualification Commission of Judges of Ukraine respectively shall conduct a background check of the candidates for membership in the High Council of Justice and the High Judicial Qualification Commission of Ukraine elected by the congress of judges of Ukraine, the congress of lawyers of Ukraine, the all-Ukrainian conference of prosecutors, the congress of representatives of law higher education and research institutions.
{Part 2 of Article 56 has been supplemented with a new paragraph under Law No. 1798-VIII of 21 December 2016}
In regard to candidates for other positions who are appointed (elected) by the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, the performance of a background check shall be imposed, respectively, to the Head of the Presidential Administration of Ukraine, Head of the Verkhovna Rada of Ukraine Staff, the Minister of the Cabinet of Ministers of Ukraine or their respective deputies.
The organisation of a background check in newly created state authorities shall be assigned to the central executive authority implementing the state policy in the field of the civil service until the establishment at such newly formed authority of a unit responsible for this.
3. Information about a person running for a position, referred to in part 1 of this Article, shall be subject to a special inspection, namely regarding:
1) existence of a legally effective court decision, according to which such person was held criminally liable, including for corruption offences, as well as the existence of a conviction, its revocation or cancellation;
2) the fact that the person is or has been previously subjected to administrative sanctions for corruption-related offences;
3) the reliability of the information specified in the declaration of a person authorised to perform the functions of state or local government;
4) the person’s possession of equity rights;
5) the health condition (specifically regarding the person’s registration with psychiatric or drug rehabilitation health care institutions), education, the presence of an academic degree, or an academic rank;
6) person’s relation to military service;
7) whether an individual has access to state secrets, if such access is required under the qualification requirements for a position;
8) extending to a person of a prohibition to hold the relevant position under the provisions of the Law of Ukraine “On Lustration”.
A candidate for transfer to a position at another government authority, authority of the Autonomous Republic of Crimea or local government who has already undergone a background check before, shall inform thereof the appropriate authority which shall request information on its results in the prescribed manner.
Note. Positions that assume high and especially high responsibility in this Article shall mean the President of Ukraine, the Prime Minister of Ukraine, a member of the Cabinet of Ministers of Ukraine, First Deputy and Deputy Ministers, a member of the National Council of Television and Radio Broadcasting of Ukraine, the National Commission for State Regulation of Financial Services Markets, the National Securities and Stock Market Commission, the National Energy and Utilities Regulatory Commission, the Head and State Commissioner of the Antimonopoly Committee of Ukraine, the Head of the State Committee for Television and Radio Broadcasting of Ukraine, the Head of the State Property Fund of Ukraine, his/her First Deputy or Deputy, a member of the Central Election Commission, a member, inspector of the High Council of Justice, a member, inspector of the High Qualification Commission of Judges of Ukraine, a Member of the Parliament of Ukraine, the Ukrainian Parliament Commissioner for Human Rights, the Commissioner for the Protection of the State Language, a member of the National Commission for Standards of the State Language, the Director of the National Anti-Corruption Bureau of Ukraine, his/her First Deputy and Deputy, the Chairman of the National Agency on Corruption Prevention and his/her Deputies, the Prosecutor General, his/her First Deputy and Deputy, the Head of the National Bank of Ukraine, his/her First Deputy and Deputy, a member of the National Bank’s Council, the Secretary of the National Security and Defense Council, his/her First Deputy and Deputy, the Head of the Office of the President of Ukraine, his/her First Deputy and Deputy, the Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea, his/her First Deputy and Deputy, an adviser or assistant to the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Prime Minister of Ukraine, positions belonging to civil service positions of categories “A” and “B”, and positions assigned, in accordance with Article 14 of the Law of Ukraine “On Service in Bodies of Local Self-Government”, to categories 1-3, and also positions of judges, prosecutors, investigators and interrogators, heads, deputy heads of state authorities which jurisdiction covers the whole territory of Ukraine, heads of their staff and heads of their independent structural subdivisions, heads and deputy heads of state authorities, authorities of the Autonomous Republic of Crimea which jurisdiction covers the territory of one or more oblasts, the Autonomous Republic of Crimea, Kyiv and Sevastopol, heads of state authorities, authorities of the Autonomous Republic of Crimea which jurisdiction covers the territory of one or more raions, a city of republican significance in the Autonomous Republic of Crimea or of Oblast significance, a district in a city, city/town of raion significance and positions to be displaced by higher military officers.
{Note to Article 56 as amended by Laws No. 889-VIII of 10 December 2015, No. 1540-VIII of 22 September 2016, No. 1798-VIII of 21 December 2016, No. 2704-VIII of 25 April 2019, No. 720-IX of 17 JUne 2020, No. 1074-IX of 04 December 2020}
Article 57. Procedure for conducting a background check
1. A background check shall be conducted with the written consent of the person who is running for a position, within a period not exceeding twenty-five calendar days from the date when consent for the background check is granted.
If the person does not grant such consent, he/she shall not be considered for the appointment.
The procedure for conducting a background check and the form of consent for background check shall be approved by the Cabinet of Ministers of Ukraine.
2. For the purposes of performing a background check, the person running for a position shall submit the following to the respective authority:
1) written consent to perform a background check;
3) a copy of the passport of a citizen of Ukraine;
4) copies of documents on education, academic ranks and academic degrees;
5) a medical certificate on health condition, adhering to the format approved by the Ministry of Healthcare of Ukraine regarding a person’s registration with psychiatric or drug rehabilitation health care institutions;
6) a copy of a military ID card or military service record card (applicable to military servicemen or persons liable to the military service);
7) a certificate of access to state secrets (if applicable).
A person running for a position also submits a declaration of a person authorised to perform the functions of state or local government to the National Agency, in the manner specified by part 1, Article 45 of this Law.
Persons mentioned in paragraph 7, part 1, Article 56 of this Law shall submit documents stipulated by this part of the Article for a background check within three business days after their corresponding election or approval.
3. After obtaining the written consent of candidates for the position to conduct a background check, an authority where such person seeks the position, not later than the next day, shall send the appropriate state authorities in charge of conducting a background check of the information provided for in part 3, Article 56, or to their territorial bodies (if any) a request for inspection of information about a person who is a candidate for the respective position in accordance with the form approved by the Cabinet of Ministers of Ukraine.
The request shall be signed by the head of the body, for the position in which the person is applying and, in his/her absence, a person acting as the head or one of his/her deputies in accordance with the assignment of functional responsibilities.
Copies of the documents mentioned in part 2 of this Article shall be attached to the request.
Regarding candidates for positions (other than the position of a judge), appointment (election) to which is performed by the President of Ukraine, the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine, such request shall be sent to the relevant state authorities (their territorial bodies), respectively, by the Head of the Presidential Administration of Ukraine, the Head of Verkhovna Rada of Ukraine Staff, the Minister of the Cabinet of Ministers of Ukraine (their deputies or other official designated by them) through a central executive body that implements state policy in the civil service.
4. A background check shall be performed by:
1) the National Police and the State Judicial Administration of Ukraine, regarding information about bringing a person to criminal liability, existence of a conviction, revocation or cancellation thereof;
{Clause 1, part 4 of Article 57 as amended by Law No. 766-VIII of 10 November 2015}
2) the Ministry of Justice of Ukraine and the National Securities and Stock Market Commission, regarding the presence of individual equity rights belonging to a person;
3) the National Agency, regarding the presence in the Unified State Register of Perpetrators of Corruption or Corruption-related Offences of information about a candidate; also regarding the reliability of the information indicated by the person in the declaration of the person authorised to perform the functions of state or local government for the previous year;
4) the central executive authority implementing the state policy in the field of public healthcare, the appropriate executive body of the Autonomous Republic of Crimea, the structural unit of the oblast, Kyiv and Sevastopol city administration - on information about the health of the candidate (regarding a person’s registration with psychiatric or drug rehabilitation health care institutions);
5) the central executive authority implementing the state policy in the field of education, the relevant executive authority of the Autonomous Republic of Crimea, the structural unit of the oblast, Kyiv and Sevastopol city administration, the central body of executive power to which the educational institution is subordinated, the head of the educational institution, regarding the education, the presence of a candidate’s academic degree, and his/her academic rank;
6) the Security Service of Ukraine, regarding the presence of a person’s access to state secrets, as well as the relation of a person to military duty (in terms of personal and quality record-keeping of persons liable to the military service in the Security Service of Ukraine);
7) the Ministry of Defense of Ukraine, Military Commissariats of the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, regarding a person’s relation to military duty (except for personal and quality record-keeping of persons liable to the military service in the Security Service of Ukraine).
Other central executive authorities or specially authorised counter-corruption entities may be involved in conducting a background check in order to verify information about the person referred to in this Article or the authenticity of documents provided for in this Article.
Article 58. The results of a background check
1. The results of the background check, signed by the head of the authority which carried out the inspection and, in his/her absence, a person who performs his/her duties, or the deputy head of the body in accordance with the assignment of functional responsibilities, shall be submitted to the authority that sent the appropriate request within seven days upon the receipt of the request.
During a background check, authorities (departments) conducting it can interact and exchange between themselves information regarding the individual, particularly regarding individuals who apply for positions holding which constitutes a state secret. Such interaction and exchange shall be carried out under the procedure established by the Cabinet of Ministers of Ukraine.
2. The decision on appointment (election) or refusal of appointment (election) to a position connected with performing the functions of state or local government shall be taken after a background check.
If the results of a background check establish discrepancies in the curriculum vitae and/or declaration of a person authorised to perform the functions of state or local government, for the previous year, the official (agency) that organises the background check shall provide the candidate for the position with the opportunity to provide a written explanation of such fact and/or to correct such a discrepancy within five business days.
If the results of the background check establish information about the applicant for the position, which does not meet the requirements established by the legislation for the position, the official (agency) that is responsible for the appointment (election) for this position, shall refuse to appoint (elect) the applicant to the position.
If the results of the background check and of a review of the above explanations by the candidate for the position establish that the person has submitted forged documents or false information, the officer (agency) that is responsible for the appointment (election) to this post, shall report to the law enforcement agencies within three business days about the established facts and shall refuse to appoint (elect) the applicant to the position.
The person regarding whom the results of a background check have discovered circumstances which constitute grounds for denial of his/her appointment (election) shall be deemed not to have passed the background check.
The powers of the person referred to in paragraph 8, part 1, Article 56 of this Law shall be terminated early without termination of the member's powers and the relevant person shall be dismissed from the relevant position without a decision by the relevant council, if he/she failed to pass the background check or failed to provide consent for a background check within the term stipulated by this Law.
A decision refusing appointment (election) to a position, taken as a result of a background check, may be appealed in court.
3. The agency, for a position in which the person is running, on the basis of the information received, shall prepare a statement on the results of a background check, the form of which is approved by the Cabinet of Ministers of Ukraine. Regarding candidates for positions (other than the position of a judge), appointment (election) to which is carried out by the President of Ukraine, the Verkhovna Rada of Ukraine or the Cabinet of Ministers of Ukraine, such statement shall be prepared by the relevant structural unit of the Administration of the President of Ukraine, the Staff of the Verkhovna Rada of Ukraine or the Secretariat of the Cabinet of Ministers of Ukraine.
Persons in respect of whom a background check was carried out, shall have the right to familiarize themselves with the statement of results of the background check and, if they disagree with the results of the inspection, they may submit written comments to the respective state agency or local government. These comments shall be reviewed within seven days from the day of their receipt.
Information on the results of a background check and documents regarding its performance shall be confidential, unless they contain information constituting a state secret.
The documents which were filed for a background check by a person who sought to occupy a position, if they are subsequently appointed (elected) to such position, shall be sent for storage to the personal file and, in the event of a refusal to appoint (elect) the person, they shall be returned to such person on receipt, unless the falsity of these documents was established or under other circumstances as stipulated by law.
The statement on background check results shall be attached to the documents submitted by the person or to the personal file, if a decision was made to appoint (elect) this person.
Article 59. Unified State Register of Perpetrators of Corruption or Corruption-Related Offences
1. Information about persons brought to criminal, administrative, disciplinary or civil liability for corruption or corruption-related offences, as well as about entities subjected to measures of criminal law in connection with the commission of a corruption offence, shall be entered into the Unified State Register of Perpetrators of Corruption and Corruption-Related Offences, which is established and maintained by the National Agency. Information concerning persons who are members of the personnel of agencies that conduct operative and investigative or intelligence-gathering or counter-intelligence activities, whose affiliation to the above authorities constitutes a state secret, and who were brought to liability for commission of corruption offences, shall be included in the restricted Part of the Unified State Register of Perpetrators of Corruption or Corruption-Related Offences.
Regulations on the Unified State Register of Perpetrators of Corruption or Corruption-Related Offences, the procedure of its establishment and its maintenance shall be approved by the National Agency.
Information about individuals brought to liability for corruption or corruption-related offences, as well information about legal entities subject to measures of a criminal and legal nature in connection with the commission of corruption or corruption-related offences, shall be entered in the Unified State Register of Perpetrators of Corruption or Corruption-Related Offences, within three business days from the date of receipt by the National Agency from the State Judicial Administration of Ukraine of an electronic copy of the legally effective court decision, from the Unified State Register of Court Decisions.
Information about the imposition of a disciplinary sanction for corruption or corruption-related offences shall be entered into the Unified State Register of Perpetrators of Corruption and Corruption-Related Offences within three working days of receipt by the National Agency of a duly certified paper copy of the order imposing disciplinary sanction, sent from the personnel department of the government authority, authority of the Autonomous Republic of Crimea, authority of the local government, the enterprise, institution or organisation.
2. Information from the Unified State Register of Perpetrators of Corruption or Corruption-Related Offences about entries regarding the person to the said Register or about the absence of information regarding this person shall be provided:
at the request of state authorities, authorities of the Autonomous Republic of Crimea and local state authorities for the purpose of conducting a background check of information about persons running for positions connected with the functions of state or local government;
at the request of law enforcement agencies if it is necessary to obtain such information in the course of criminal or administrative proceedings or at the prosecutor’s request made in the course of his/her supervision of compliance with and enforcement of laws;
at the request of an individual (or an authorised person of the individual) or an authorised representative, seeking information about themselves or the represented entity.
3. The National Agency shall ensure publication on its official website of information from the Unified State Register of Perpetrators of Corruption or Corruption-Related Offences, within three business days of its entry in the Register.
The following information about an individual who has been prosecuted for corruption or corruption-related offences shall be available for free of charge, round-the-clock access:
2) place of work, position at the time of the commission of corruption or a corruption-related offence;
3) set of elements of the corruption or corruption-related offence;
4) type of punishment (penalty);
5) means of commission of a disciplinary corruption offence;
6) type of disciplinary sanction.
The following information about a legal entity that has been subjected to measures of a criminal and legal nature shall be available for free of charge, round-the-clock access:
2) registered address, code in the Unified State Register of Legal Entities and Individual Entrepreneurs;
3) set of elements of the corruption offence, that lead to application of the measures of a criminal and legal nature;
4) type of measures of a criminal and legal nature that were applied.
This information about a person shall not be regarded as confidential and may not be of restricted access.
Article 60. Requirements for transparency of and access to information
1. Persons specified in Clauses 1, 2 of part 1, Article 3 of this Law, as well as persons permanently or temporarily holding positions related to administrative and regulatory or administrative and economic duties, or specifically authorised to perform such duties in legal entities of private law, regardless of their legal and organisational form shall be prohibited to:
{Paragraph 1, part 1 of Article 60 as amended by Law No. 1975-VIII of 23 March 2017}
1) refuse to provide information to individuals or legal entities, who have the right to obtain such information according to the legislation;
2) provide information in an untimely manner, or from provide misleading or incomplete information that is subject to provision in accordance with the law.
{Part 1 of Article 60 as amended by Law No. 140-IX of 02 October 2019}
2. The following information may not be of restricted access:
1) information about the amounts, types of charitable and other assistance provided to individuals and legal entities or obtained from them by the persons referred to in Clause 1, Subclauses “a” and “c” of Clause 2, part 1, Article 3 of this Law, or state authorities, local state authorities;
{Clause 1, part 2, Article 60 as amended by Laws No. 1975-VIII of 23 March 2017, No. 140-IX of 02 October 2019}
2) information about the amounts, types of salary, financial aid and any other payments from the budget or at the expense of technical or other assistance as part of implementation in Ukraine of programmes (projects) in the field of preventing and combating corruption to the persons specified in Clause 1, Subclauses “a” and “c” of Clause 2, part 1, Article 3 of this Law, as well as that received by such persons in the course of transactions that are subject to compulsory state registration, as well as gifts stipulated by this Law.
{Clause 2, part 2 of 60 as amended by Laws No. 1975-VIII of 23 March 2017, No. 140-IX of 02 October 2019}
3) transfer of enterprises or corporate rights held by persons to the management, which shall be performed in the manner stipulated by this Law;
4) a conflict of interests of persons referred to in Clauses 1, 2 of part 1, Article 3 of this Law and measures to resolve such conflict of interest.
Section X
CORRUPTION PREVENTION IN THE ACTIVITIES OF LEGAL ENTITIES
Article 61. General provisions of corruption prevention within the activities of a legal entity
1. Legal entities shall ensure the development and implementation of measures that are necessary and reasonable for preventing and combating corruption within their activities.
2. The head and founders (participants) of a legal entity shall conduct a regular assessment of corruption risks in the entity’s activities and implement appropriate anti-corruption measures. Independent experts may be engaged to identify and eliminate corruption risks within the activities of a legal entity, in particular, for conducting audits.
3. Officials and officers of legal entities, other persons performing work and having labor relations with legal entities:
1) shall not commit or engage in the commission of corruption offences related to the activities of the legal entity;
2) shall refrain from conduct, which may be seen as a willingness to commit a corruption offence related to the activities of the legal entity;
3) without delay, shall inform the officer responsible for the prevention of corruption within activities of the legal entity, the head of the legal entity or founders (participants) of the legal entity about instances of incitement to commit a corruption offence related to the activities of a legal entity;
4) without delay, shall inform the officer responsible for the prevention of corruption within activities of the legal entity, the head of the legal entity or founders (participants) of the legal entity about instances when other employees of the legal entity or other persons commit corruption or corruption-related offences;
5) without delay, shall inform the officer responsible for the prevention of corruption within activities of the legal entity, the head of the legal entity or founders (participants) of the legal entity about the occurrence of a real or potential conflict of interests.
Article 62. Anti-corruption programme of a legal entity
1. The anti-corruption programme of a legal entity shall be a set of rules, standards and procedures meant to identify, combat and prevent corruption within the activities of the legal entity.
2. The anti-corruption programme shall compulsorily be approved by the heads of:
1) state-owned, municipal enterprises, economic companies (the state or communal share in which exceeds 50 per cent), whose average number of employees exceeds fifty persons in the reporting (financial) year, and gross income from sales of products (work, services) for this period exceeds seventy million hryvnias;
2) legal entities that are participants of the procurement procedure in accordance with the Law of Ukraine “On Public Procurement”, if the cost of procurement of goods and services is equal to or exceeds 20 million hryvnias.
{Clause 2, part 2 of Article 62 as amended by Laws No. 198-VIII of 12 February 2015, No. 679-VIII of 15 September 2015, No. 140-IX of 02 October 2019; as revised by Law No. 114-IX of 19 September 2019}
3. The anti-corruption programme shall be approved after its discussion with employees of the legal entity. The text of the anti-corruption programme shall be made available to the employees of the legal entity at all times.
4. Provisions for mandatory compliance with the anti-corruption programme shall be included in employment contracts, internal regulations of a legal entity, and may be included in the contracts concluded by the legal entity
{Part 4 of Article 62 as amended by Law No. 198-VIII of 12 February 2015}
5. The person responsible for implementation of the anti-corruption programme (hereinafter, the Commissioner), with legal status as specified in this Law, shall be appointed by the legal entities mentioned in part 2 of this Article.
{Part 5 of Article 62 as amended by Law No. 198-VIII of 12 February 2015}
Article 63. Requirements for the anti-corruption programme of a legal entity
1. The anti-corruption programme of legal entities referred to in part 2, Article 62 of this Law, may contain the following provisions:
{Paragraph 1, part 1 of Article 63 as amended by Law No. 198-VIII of 12 February 2015}
1) the scope of its application and range of individuals that are subject to its provisions;
2) an exhaustive list and description of anti-corruption measures, standards, procedures and the means for their execution (application), in particular, pertaining to the procedure for periodic assessments of corruption risks within the activities of a legal entity;
3) the rules of professional ethics for employees of a legal entity;
4) the rights and obligations of employees and founders (participants) of the legal entity in connection with preventing and combating corruption in the legal entity;
5) the rights and obligations of the Commissioner as the official responsible for corruption prevention and of his/her subordinate employees (if any);
6) the procedure for regular reporting by the Commissioner to the founders (participants) of the legal entity;
7) the procedure for proper supervision, control and monitoring of compliance with the anti-corruption programme within activities of the legal entity, evaluating its results and implementation of planned activities;
8) the privacy terms and conditions applicable when the Commissioner is informed by employees about instances when they are incited to commit corruption or a corruption-related offence or about corruption offences committed by other employees or persons;
9) the procedures for the protection of employees who have provided information on corruption or corruption-related offences;
10) the procedure for employees to inform the Commissioner about a real or potential conflict of interests, and the procedure for settling discovered conflicts of interests;
11) the procedure for the Commissioner to consult employees of the legal entity on an individual basis regarding the application of anti-corruption standards and procedures;
12) the procedure for periodic training of employees in preventing and combating corruption;
13) the application of disciplinary actions to employees who violate the provisions of the anti-corruption programme;
14) the procedure for application of measures to respond to discovered instances of corruption or corruption-related offences, in particular, informing the authorised state bodies and conducting internal investigations;
15) the procedure for amending the anti-corruption programme.
Article 64. Legal status of the Commissioner
1. The Commissioner shall be an officer of a legal entity who is appointed by the head of the legal entity or its participants (founders) in accordance with labour legislation and in the manner prescribed by the approved anti-corruption programme.
2. The Commissioner may be an individual, who has organisational skills, moral and professional qualities and a health condition appropriate for accomplishing the relevant duties.
{Part 2 of Article 64 as revised by Law No. 198-VIII of 12 February 2015}
3. A person may not be appointed to the position of the Commissioner if this person:
1) has previous convictions that have not been revoked or cancelled according to the procedures established by the law;
2) has been declared incapable or partially capable by a court judgment;
3) was discharged from positions in state authorities, state authorities of the Autonomous Republic of Crimea or local state authorities due to violation of the oath, or in connection with commission of corruption or a corruption-related offence, within three years following the date of such discharge.
4. Work at positions referred to in Clause 1, part 1, Article 3 of this Law, as well as any other activity that creates an actual or potential conflict of interests shall be incompatible with the activities of the Commissioner.
{Paragraph 1, Pat 4 of Article 64 as amended by Law No. 198-VIII of 12 February 2015}
If circumstances of incompatibility occur, the Commissioner, within two days from the date when such circumstances occurred, shall notify thereof the head of the legal entity and simultaneously submit a letter of resignation.
5. The Commissioner may be discharged from his/her position early in the following instances:
1) termination of employment contract at the Commissioner’s initiative;
2) termination of employment contract at the initiative of the head of the legal entity or its founders (participants). The person holding the position of Commissioner in a legal entity referred to in part 2, Article 62 of this Law may be discharged subject to the consent of the National Agency;
3) an inability to exercise authority due to health issues according to the conclusion of a medical commission, which is created by the decision of the specially authorised central executive authority implementing the state policy in the field of public healthcare;
4) entry into force of a court ruling declaring him/her incapacitated or limiting his/her civil capacity, declaring him/her missing or dead;
5) entry into force of the court's conviction against him/her;
6. The Head of the legal entity shall inform the National Agency in writing within two business days about the discharge of the person from the Commissioner’s position and shall ensure the immediate submission of a new candidate for this position.
Section XI
LIABILITY FOR CORRUPTION OR CORRUPTION-RELATED OFFENCES AND ELIMINATION OF THEIR CONSEQUENCES
Article 65. {Article 65 has been deleted under Law No. 1079-IX of 15 December 2020}
Article 65-1. Liability for corruption or corruption-related offences
1. Persons referred to in part 1, Article 3 of this Law shall be subject to criminal, administrative, civil and disciplinary liability as prescribed by law for the commission of corruption or corruption-related offences.
In the event of the commission of a crime on behalf of and in the interests of the legal entity by an authorised person on his/her own or in conspiracy with a legal entity, in cases determined by the Criminal Code of Ukraine , measures of criminal and legal nature shall apply.
2. A person who committed corruption or a corruption-related offence but who was not administered a punishment or did not have a penalty imposed by the court in the form of deprivation of the right to occupy a position or engage in activities related to implementation of the functions of state or a local government or an equivalent activity, shall be brought to disciplinary liability under the procedure established by law.
The issue of bringing to disciplinary responsibility a judge, a judge of the Constitutional Court of Ukraine, who has committed a corruption or corruption-related offence, but the court has not imposed penalties on him/her or has not imposed penalties in the form of deprivation of the right to hold certain positions or engage in certain activities, related to the performance of state or local government functions, or such that are equated with such activities, shall be resolved under the procedure established by law.
The person authorised to perform the functions of the state or local government, in whose respect a court decision on recognition of unjustified assets and their alienation in favor of the state has come into force, shall be dismissed under the procedure established by law.
3. An official investigation shall be conducted under the procedure established by the Cabinet of Ministers of Ukraine in order to identify the causes and conditions that contributed to the commission of corruption or a corruption-related offence or otherwise to non-compliance with the requirements of this Law, upon the recommendation of the specially authorised counter-corruption entity or a by a regulation of the National Agency upon the decision of the head of the agency, enterprise, institution or organisation, for which the person who has committed such an offence works.
4. Restrictions on prohibiting a person who was discharged from a position in connection with prosecution for a corruption offence, from engaging in activities related to the functions of state, local government, or other similar activity, shall be imposed solely based on a reasoned decision of the court, unless otherwise provided for by the law.
5. The person who was notified of being suspected of having committed an offence in his/her activity shall be subject to suspension from the exercise of powers at his/her position in the manner prescribed by law.
The issue of dismissal of a judge from the administration of justice, removal from office of a judge, a judge of the Constitutional Court of Ukraine, who has been notified of being suspected of having committed a criminal offence in his/her official activity, shall be resolved under the procedure established by law.
The person against whom a protocol has been produced on commission of a corruption-related administrative offence, unless otherwise provided for by the Constitution and laws of Ukraine, may be suspended from his/her official duties by a decision of the head of the authority, institution, enterprise, organisation in which he/she is employed until the end of the case investigation in court.
If proceedings on corruption-related administrative violations were stopped due to the absence of the event or corpus delicti of an administrative offence, average earnings during forced absence associated with removal from office shall be compensated to the persons suspended from his/her official duties.
{The Law has been supplemented with Article 65-1 under Law No. 1079-IX of 15 December 2020}
Article 66. Compensation of losses and damage to the State as a result of a corruption offence
1. Losses and damage caused to the state as a result of corruption or a corruption-related offence shall be compensated by the person who committed the offence, in the manner prescribed by the law.
Article 67. Unlawful acts and transactions
1.Regulatory acts and decisions issued (approved) in violation of this Law shall be annulled by the agency or official authorised to approve or annul the corresponding acts or decisions, or may be found unlawful in the course of court proceedings at the request of an interested individual, associations of citizens, legal entity, prosecutor, government authority, in particular the National Agency or local government authority.
Within three working days, the authority or the official shall send the National Agency a copy of the decision about annulment of or an enforcement order pertaining to the court decision on deeming the relevant acts or decisions unlawful.
2. Transaction concluded as a result of violation of this Law may be revoked.
Article 68. Restoration of rights and lawful interests and compensation of losses and damage caused to individuals and legal entities as a result of a corruption offence
1. Individuals and legal entities whose rights were violated as a result of corruption or a corruption-related offense and who experienced harm and who have incurred moral or pecuniary damage or losses, shall be entitled to restoration of their rights, payment of damages and losses in accordance with the law.
2. Losses and damage, caused to an individual or legal entity as a result of unlawful decisions, actions or omissions by the person performing activities to prevent and combat corruption, shall be reimbursed from the State Budget of Ukraine under the procedure established by law. The state, Autonomous Republic of Crimea or local government authority that compensated losses and damages caused by an unlawful decision, act or omission of the person performing activities to prevent and combat corruption, shall have the right of recourse (regress) to the person who caused losses and damage, in the amount of paid compensation (except for compensation of payments related to labour relations and compensation for non-pecuniary damages).
Article 69. Alienation of unlawfully acquired and unjustified assets
1. Assets acquired as a result of a corruption offence shall be subject to confiscation or special confiscation by a court order in the manner prescribed by law.
2. Assets for which the court has not established that they or the funds necessary for their acquisition were received from legal income on the basis of evidence presented shall be considered unjustified and shall be subject to alienation by court under the procedure established by law.
{Article 69 as revised by Law No. 263-IX of 31 October 2019}
Section XII
INTERNATIONAL COOPERATION
Article 70. International cooperation in preventing and combating corruption
1. In accordance with the international treaties it has concluded, Ukraine cooperates in the prevention and combating of corruption with foreign states and international organisations that are engaged in preventing and combating corruption.
2. International legal assistance and other forms of international cooperation in the event of corruption offences shall be rendered by the competent authorities in accordance with the law and international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine.
Article 71. International treaties of Ukraine in preventing and combating corruption
1. If the international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine establish rules other than those provided for by the law on preventing and combating corruption, the rules of international treaties shall apply.
Article 72. International exchange of information in the field of preventing and combating corruption
1. Competent authorities of Ukraine may provide the relevant foreign authorities with information and receive information from them, including information with restricted access, concerning questions of preventing and combating corruption, in compliance with the requirements of the legislation and international treaties ratified by the Verkhovna Rada of Ukraine.
2. Provision of information to foreign authorities on issues related to preventing and combating corruption, shall be only possible if these authorities and the competent authority of Ukraine can establish a regime for accessing the information, which makes disclosure in any way and for other purposes impossible, including by unauthorised access.
Article 73. Measures to return funds and other assets to Ukraine, obtained as a result of corruption offences, and disposition of confiscated funds and other property obtained as a result of corruption offences
1. Ukraine shall take measures to return funds and other assets to Ukraine, obtained as a result of corruption offences, and dispose of these funds and other assets in accordance with the law and international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine.
1. This Law shall enter into force from the day following the date of its publication and shall be effective six months after the date of entry into force.
2. Until the system for submitting and publishing, in accordance with this Law, declarations of persons authorised to perform functions of state or local government has launched, the subjects of declaration shall submit declarations on assets, income, expenses and financial liabilities, according to the procedure set out in the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction”. Such declarations shall be published under the procedure set out in the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction”.
The National Agency on Corruption Prevention shall make a decision on the launch of the system for submitting and publishing, in accordance with this Law, declarations of persons authorised to perform functions of state or local government.
{Paragraph 2, Clause 2 of Section ХІІІ as amended by Laws No. 928-VIII of 25 December 2015, No. 1022-VIII of 15 March 2016}
In 2016, public officials, who at the time of the launch of this system occupy responsible or particularly responsible positions according to Article 50 of this Law, shall submit annual declarations for the previous year in the order specified by this Law, within 60 calendar days from the launch of the system.
{Clause 2 of Section ХІІІ has been supplemented with paragraph 3 under Law No. 1022-VIII of 15 March 2016}
{Clause 2 of Section ХІІІ as revised by Law No. 198-VIII of 12 February 2015}
2-1. Establish that declarations of a person authorised to perform functions of state or local government, which in accordance with Article 45 of this Law are submitted for the previous year before 01 April, in 2020 the subjects of declaration shall submit before 01 June.
The subjects of declaration, who until 01 June 2020 did not have possibility to submit declaration of the person authorised to perform functions of the state or local government, provided for in paragraph 1, part 2, Article 45 of this Law, or notification of significant changes in property status under Article 52 of this Law in connection with the establishment of quarantine and restrictive measures on the territory of their residence, shall be released from liability for late submission of such a declaration or notification within the specified period.
{Section ХІІІ has been supplemented with Clause 2–1 under Law No. 530-IX of 17 March 2020}
2-2. Establish that the prohibition provided for by Article 54 of this Law does not apply to funds and/or goods, according to the list determined by the Cabinet of Ministers of Ukraine, which are voluntarily transferred to the central executive authority implementing the state policy in the field of public healthcare, and/or other central executive authorities implementing the state policy in the field of sanitary and epidemic well-being of population, quality control and safety of medicines, combating HIV/ AIDS and other socially dangerous diseases, and/or health care structural units of oblast, Kyiv and Sevastopol city state administrations, during the quarantine established by the Cabinet of Ministers of Ukraine in accordance with the Law of Ukraine “On Protection of Population against Infectious Diseases” in relation to the spread of coronavirus disease (COVID-19) on the territory of Ukraine.
{Section ХІІІ “Final provisions” has been supplemented with Clause 2-2 under Law No. 540-IX of 30 March 2020}
3. Legislative and other regulatory acts shall apply to the extent not contradicting this Law until they are brought in line with this Law.
4. The following shall be declared invalid:
1) The Law of Ukraine “On the Principles of Corruption Prevention and Counteraction” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2011, No. 40, Article 404; 2013, No. 2, Article 4, No. 33, Article 435; 2014, No. 10, Article 119, No. 11, Article 132, No. 12, Article 178, Article 183, Nos. 20–21, Article 712, No. 22, Article 816, No. 28, Article 937, No. 29, Article 942; as amended under Law of Ukraine of 12 August 2014 No. 1634-VII), except for provisions about financial control which become invalid after the system for filing and public disclosure of declarations by persons authorised to perform the functions of state or local government, starts working in accordance with this Law;
{Subclause 1, Clause 4 of Section ХІІІ as revised by Law No. 198-VIII of 12 February 2015}
2) the Law of Ukraine “On Rules of Ethical Conduct” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2013, No. 14, Article 94).
5. The following legislative acts of Ukraine shall be amended:
1) in the Labour Code of Ukraine (The Official Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1971, Annex to No. 50, Article 375):
а) in part 1 of Article 36:
Clause 7-1 shall be amended to read as follows:
“7-1) concluding an employment contract, contrary to the requirements of the Law of Ukraine “On Prevention of Corruption” established for persons who resigned or otherwise terminated activities related to performance of functions of the state or local government, within a year from the date of termination;”
b) in Clause 4, part 1 of Article 41 the words “of the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction” shall be replaced with the words “of the Law of Ukraine “On Prevention of Corruption”, and the word “immediate” shall be replaced with the word “direct;”
c) in Article 235:
part 1 after the words “for the other job” shall be supplemented with the words “including because of notification on violations of the requirements established by the Law of Ukraine “On Prevention of Corruption”, by the other person;”
after part 3 a new part shall be added to read as follows:
“If there are any reasons for reinstating an employee, fired as the result of a notification by him/her or by a member of his/her family of a violation of the Law of Ukraine “On Prevention of Corruption”, by the other person, and if the latter refuses such reinstatement, the body resolving the labour dispute shall make a decision on payment of compensation to such employee in the amount of his/her average six-month salary.”
In connection herewith, parts 4 and 5 shall be considered parts 5 and 6, respectively;
2) in the Code of Ukraine on Administrative Offences (The Official Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1984, Annex to No. 51, Article 1122):
а) part 1 of Article 21 after the words “administrative offence” shall be supplemented with the words “except for an officer;”
b) Clause 5, part 1 of Article 24 shall be supplemented with paragraph 2 to read as follows:
“deprivation of the right to occupy certain positions or engage in certain activities;”
c) part 1 of Article 25 after the words “additional administrative sanctions” shall be supplemented with the words “deprivation of the right to occupy certain positions or engage in certain activities, only as an additional sanction;”
d) in Article 30:
the title shall be supplemented with the words “deprivation of the right to occupy certain positions or engage in certain activities;”
parts 5 and 6 shall be added to read as follows:
“Deprivation of the right to occupy certain positions or engage in certain activities shall be imposed by the court for a term of six months to one year without reference to a sanction of an article (sanction of part of an article) of the Special Part of this Code, if a court, having regard to the nature of the administrative offence committed by a person in office and other circumstances of the case, decides that such person should be deprived of the right to occupy certain positions or engage in certain activities.
Deprivation of the right to occupy certain positions or engage in certain activities may also be imposed by a court for a term of one year if such penalty is stipulated by sanction of an article (sanction of part of an article) of the Special Part of this Code;”
e) the title of chapter 13-А shall be amended to read as follows:
“Chapter 13-А
ADMINISTRATIVE OFFENCES ASSOCIATED WITH CORRUPTION;”
f) Article 172-4-172-8 shall be amended to read as follows:
“Article 172-4. Violations of restrictions on other part-time activities
Violation by a person of restrictions established by laws related to engagement in any other paid (except for teaching, research and creative activities, medical practice, instruction and referee practice in sport) or entrepreneurial activities -
shall entail the imposition of the fine from three hundred to five hundred tax-free minimum incomes of citizens and confiscation of the proceeds gained from entrepreneurial activities or remuneration for part-time employment.
Violation by a person of statutory restrictions concerning becoming a member of the board, other executive or supervisory bodies or supervisory board of a company or organisation that seeks profit (unless the persons carrying out the functions of management of shares owned by the state or territorial community and represent the interests of the state or territorial community on the board (supervisory board) or audit committee of the economic organisation), -
shall entail the imposition of the fine from three hundred to five hundred tax-free minimum incomes of citizens and confiscation of the proceeds gained from the said activity.
Actions provided for by part 1 or 2, committed by the person who has already been, within the last year, the subject of administrative sanction for the same offences, -
shall entail the imposition of the fine from five hundred to eight hundred tax-free minimum incomes of citizens, with confiscation of gained proceeds or remuneration, and the deprivation of the right to occupy certain positions or engage in certain activities for one year.
Note. The subject of the offence in this Article shall be the persons mentioned in Clause 1, part 1, Article 3 of the Law of Ukraine “On Prevention of Corruption”, except for Members of Parliament of the Autonomous Republic of Crimea, councillors of local councils (except for those exercising their powers at the respective council on a permanent basis), members of the High Council of Justice (except for those working for the High Council of Justice on a permanent basis), people’s assessors and jurors.
Article 172-5. Violation of statutory restrictions for receiving gifts
Violation of statutory restrictions for receiving gifts -
shall entail the imposition of the fine from one hundred to two hundred tax-free minimum incomes of citizens and confiscation of such gift.
The same action committed by the person who has already been, within the last year, the subject of administrative sanction for violations mentioned in part 1 of this Article, -
shall entail the imposition of the fine from two hundred to four hundred tax-free minimum incomes of citizens, with confiscation of such gift (donation), and the deprivation of the right to occupy certain positions or engage in certain activities for one year.
Note. The subjects of the offence in this Article shall be persons mentioned in Clauses 1 and 2, part 1, Article 3 of the Law of Ukraine “On Prevention of Corruption”.
Article 172-6. Violation of financial control requirements
Delayed submission of a declaration by a person authorised to perform the functions of state or local government, -
shall entail the imposition of the fine from fifty to one hundred tax-free minimum incomes of citizens.
Failure to notify, or delayed notification about an opened currency account with a non-resident banking institution or about a material change in property status -
shall entail the imposition of the fine from one hundred to two hundred tax-free minimum incomes of citizens.
Actions provided for by part 1 or 2, committed by the person who has already been, within the last year, the subject of administrative sanction for the same offences, -
shall entail the imposition of the fine from one hundred to three hundred tax-free minimum incomes of citizens, with confiscation of gained proceeds or remuneration, and the deprivation of the right to occupy certain positions or engage in certain activities for one year.
Note. The subjects of the offence in this Article shall be persons who, in accordance with parts 1 and 2, Article 45 of the Law of Ukraine “On Prevention of Corruption”, shall submit the declaration of a person authorised to perform the functions of state or local government.
Article 172-7. Violation of requirements for prevention and settlement of conflicts of interest
A person’s failure to notify, in cases and in the manner prescribed by law, about an actual conflict of interest -
shall entail the imposition of the fine from one hundred to two hundred tax-free minimum incomes of citizens.
Taking actions or making decisions when there is a real conflict of interest -
shall entail the imposition of the fine from two hundred to four hundred tax-free minimum incomes of citizens.
Actions provided for by part 1 or 2, committed by the person who has already been, within the last year, the subject of administrative sanction for the same offences, -
shall entail the imposition of the fine from four hundred to eight hundred tax-free minimum incomes of citizens with the deprivation of the right to occupy certain positions or engage in certain activities for one year.
1. The subjects of the offence in this Article shall be persons mentioned in Clauses 1 and 2, part 1, Article 3 of the Law of Ukraine “On Prevention of Corruption”.
2. In this article, “real conflict of interest” shall mean the contradiction between the private interest of a person and his/her official or representative powers, which affects the objectivity or impartiality of his/her decisions and commitment or non-commitment of actions in the exercise of these powers.
Article 172-8. Illegal use of information, which became known to a person due to his/her official powers
Unlawful disclosure or use in any other way of information by a person in his/her personal interest, if such information became known to him/her due to his/her official powers, -
shall entail the imposition of the fine from one hundred to one hundred and fifty tax-free minimum incomes of citizens.
Note. The subjects of the offence in this Article shall be persons mentioned in Clause 1, part 1, Article 3 of the Law of Ukraine “On Prevention of Corruption;”
f) in Article 172-9:
in paragraph 2 the words “from fifty to one hundred twenty-five” shall be replaced with the words “from one hundred twenty-five to two hundred and fifty;”
part 2 shall be supplemented to read as follows:
“The same action repeated within a year after the imposition of administrative sanctions -
shall entail the imposition of a fine from two hundred and fifty to four hundred tax-free minimum incomes of citizens;”
g) shall be supplemented with Article 188-46 to read as follows:
“Article 188-46. Failure to comply with legal requirements (precepts) of the National Agency on Corruption Prevention
Failure to comply with any legal requirements (precepts) of the National Agency on Corruption Prevention, related to remedy of violations of legislation on preventing and countering corruption; failure to provide information or documents, and violation of legally established time limits for their provision, provision of deliberately false or incomplete information, -
shall entail the imposition of the fine from one hundred to two hundred and fifty tax-free minimum incomes of citizens.
The same actions committed by a person who has already been, within the last year, the subject of administrative sanction for the same offences, -
shall entail the imposition of the fine from two hundred to three hundred tax-free minimum incomes of citizens;”
i) Article 221 after figures “188-45” shall be supplemented with the figures “188-46;”
j) Clause 1, part 1 of Article 255 shall be supplemented with paragraph to read as follows:
“of the National Agency on Corruption Prevention (Article 188-46);”
3) Criminal Code of Ukraine (The Official Bulletin of the Verkhovna Rada of Ukraine, 2001, Nos. 25–26, Article 131) shall be supplemented with Article 366-1 as follows:
“Article 366-1. Declaring false information
The submission by a subject of declaration of deliberately false information in the declaration of a person authorised to perform the functions of state or local government, in the manner prescribed by the Law of Ukraine “On Prevention of Corruption” or intentional failure by the subject of declaration to submit the said declaration -
shall be punishable by imprisonment for a term to two years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Note. The subject of the declaration shall be the persons who, in accordance with parts 1 and 2, Article 45 of the Law of Ukraine “On Prevention of Corruption”, shall submit the declaration of a person authorised to perform the functions of state or local government;”
4) in the Commercial Code of Ukraine (The Official Bulletin of the Verkhovna Rada of Ukraine, 2003, Nos. 18–22, Article 144):
а) Article 22 shall be supplemented with part 11 to read as follows:
“11. An economic entity of the state sector of the economy shall implement an anti-corruption programme under procedure established by law;”
b) Article 24 shall be supplemented with part 6 to read as follows:
“6. An economic entity of the communal sector shall implement an anti-corruption programme under procedure established by law;”
5) in the Civil Procedural Code of Ukraine (The Official Bulletin of the Verkhovna Rada of Ukraine, 2004, Nos. 40–42, Article 492):
а) part 2 of Article 35 shall be supplemented with paragraph 2 to read as follows:
“The National Agency on Corruption Prevention may join as a third party, making no separate claims with respect to the matter in dispute and acting on the side of the plaintiff, in cases when a head officer or employer takes or threatens to take negative measures of influence against a plaintiff (such as dismissal, forced resignation, disciplinary action, transfer, attestation, modification of working conditions, refusal to promote, salary cut, and so on) as a result of the plaintiff or a member of his/her family notifying of a violation of the Law of Ukraine “On Prevention of Corruption” by another person;”
b) paragraph 3, part 1 of Article 60 shall be amended to read as follows:
“In cases when a head officer or employer takes or threatens to take negative measures of influence against a plaintiff (such as dismissal, forced resignation, disciplinary action, transfer, attestation, modification of working conditions, refusal to promote, salary cut, and so on) as a result of the plaintiff or a member of his/her family notifying of a violation of the Law of Ukraine “On Prevention of Corruption” by another person, the burden of proof regarding whether the decisions or acts were lawful, shall be borne by the defendant;”
6) part 2, Article 53 of the Code of Administrative Procedure of Ukraine (The Official Bulletin of the Verkhovna Rada of Ukraine, 2005, No. 35–37, Article 446) shall be supplemented with paragraph 2 to read as follows:
“The National Agency on Corruption Prevention may join as a third party, making no separate claims with respect to the matter in dispute and acting on the side of the plaintiff, in cases when a head officer or employer takes or threatens to take negative measures of influence against a plaintiff (such as dismissal, forced resignation, disciplinary action, transfer, attestation, modification of working conditions, refusal to promote, salary cut, and so on) as a result of the plaintiff or a member of his/her family notifying of a violation of the Law of Ukraine “On Prevention of Corruption” by another person;”
7) in the Code of Criminal Procedure of Ukraine (The Official Bulletin of the Verkhovna Rada of Ukraine, 2013, Nos. 9–13, Article 88):
а) part 1 of Article 155 shall be supplemented with words “and about the removal from office of a member of the National Agency on Corruption Prevention, by the Prosecutor General of Ukraine or his/her deputy;”
b) part 1 of Article 158 after the word “Prosecutor” shall be supplemented with the words “and about a member of the National Agency on Corruption Prevention, by the Prosecutor General of Ukraine or his/her deputy;”
c) part 1 of Article 480 shall be supplemented with Clause 9 to read as follows:
“9) of the member of the National Agency on Corruption Prevention;”
d) Clause 2, part 1 of Article 481 after the words “to the deputies of the Prosecutor General of Ukraine” shall be supplemented with the words “to the member of the National Agency on Corruption Prevention;”
8) in the Law of Ukraine “On Civil Service” (The Official Bulletin of the Verkhovna Rada of Ukraine, 1993, No. 52, Article 490; 2011, No. 41, Article 416; 2013, No. 14, Article 89; 2014, No. 11, Article 132):
{Amendments to the Law (except for amendments to Article 37) has been repealed under Law No. 889-VIII of 10 December 2015}
j) in part 12 of Article 37, the words “liability for an administrative corruption offence related to restrictions prescribed by the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction” shall be replaced with the words “administrative responsibility for a corruption-related offence;”
{Subclause 9, Clause 5 of Section XIII has been repealed under Law No. 2136-VIII of 13 July 2017}
10) in the Law of Ukraine “On Local Self-Government in Ukraine” (The Official Bulletin of the Verkhovna Rada of Ukraine, 1997, No. 24, Article 170 as amended):
а) in Article 55:
part 3 shall be supplemented with words “becoming a member of the board, other executive or supervisory bodies or supervisory board of a company or organisation that seeks profit (unless the persons carrying out the functions of management of shares owned by the state or territorial community and represent the interests of the state or territorial community on the board (supervisory board) or audit committee of the economic organisation);”
paragraphs 1 through 4 of part 5 shall be replaced with one paragraph to read as follows:
“The powers of the head of a raion, oblast, city or district council shall be deemed terminated early without the termination of the councillor’s powers if a person applies to the respective council with a request for his/her resignation from the position of council head.”
In connection herewith, paragraph 5 shall be considered as paragraph 2;
b) paragraphs 1 to 4, part 4 of Article 56 shall be replaced with a single paragraph of to read as follows:
“4. The powers of the deputy head of a city district or raion council, as well as the powers of the first deputy head of an oblast council shall also be deemed terminated early without termination of the councillor’s powers of the respective council if a person applies to the respective council with a request for resignation from the position of deputy (first deputy) of the council head;”
c) shall be supplemented with Article 59-1 to read as follows:
“Article 59-1. Conflict of Interest
1. A village, settlement, or city mayor, secretary, deputy of village, settlement, or city council, the head, deputy head, councillor of a raion, oblast or district (in a city) council shall take part in the consideration, preparation and making of decisions by the respective council, subject to his/her own public announcement thereto during the sitting of a council where the respective issue is to be heard.
2. Monitoring of compliance with part 1 of this Article, provision to the persons referred to therein of advice and information on prevention and settlement of a conflict of interests, handling of property, which may constitute unlawful benefits or gifts, shall be vested in a permanent commission, designated by the respective council.
Note. The terms “real conflict of interest”, “potential conflict of interest”, “unlawful benefit”, “gift” shall be used in the meaning, specified in the Law of Ukraine "On Preventing Corruption;”
d) in Article 79:
у paragraph 1:
Clause 3-1 shall be amended to read as follows:
“3-1) a court decision ordering to hold him/her liable for a corruption-related offence, imposing penalty in the form of deprivation of the right to occupy certain positions or engage in certain activities related to performance of the functions of state or local government;”
Clause 4 shall be deleted;
in part 7:
in Clause 1 the words “part 1” shall be replaced with the words and numbers “Clauses 1, 2, 5, 6 of part 1;”
after Clause 5 a new Clause shall be added to read as follows:
“2) through the reasons listed in Clauses 3, 3-1, part 1 of this Article, as of the day following the day when a council or its executive committee receives the respective court decision without the respective council making a decision.”
In connection herewith, Clauses 2 and 3 shall be considered Clauses 3 and 4, respectively;
{Subclause 11, Clause 5 of Section XIII has been repealed under Code No. 396-IX of 19 December 2019}
12) in part 1, Article 62 of the Law of Ukraine “On Banks and Banking” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2001, Nos. 5–6, Article 30 as amended):
Subclause “c” of Clause 4 shall be deleted;
shall be supplemented with paragraph 8 to read as follows:
“8) under the court decision, to the National Agency on Corruption Prevention in relation to the existence and status of accounts and transactions under the accounts of a certain legal entity, an individual or an individual entrepreneur in accordance with the Law of Ukraine “On Prevention of Corruption;”
13) in the Law of Ukraine “On Service in Bodies of Local Self-Government” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2001, No. 33, Article 175; 2010, No. 4, Article 18; 2013, No. 14, Article 89, No. 23, Article 218; 2014, No. 11, Article 132):
а) part 3 and 4 of Article 5 shall be replaced with one part to read as follows:
“As for the persons elected (approved) by the respective council to positions mentioned in Paragraph 3, Article 3 of this Law, and for the persons nominated to positions in local government bodies, mentioned in Paragraph 4, Article 3 of this Law, upon their written consent, a background check shall be made in the manner prescribed by the Law of Ukraine “On Prevention of Corruption;”
Clause 4, part 1 shall be deleted;
in part 2, the words “by the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction” shall be replaced with words “by the Law of Ukraine “On Prevention of Corruption;”
c) Article 12-1 shall be amended to read as follows:
“Article 12-1. Prevention and resolution of a conflict of interest
Officials of the local government shall comply with the rules for prevention and settlement of a conflict of interest mentioned in the Law of Ukraine “On Prevention of Corruption;”
d) Article 13 shall be amended to read as follows:
“Article 13. Financial control
Officials of the local government shall submit a declaration of a person authorised to perform the functions of state or local government, in the manner prescribed by the Law of Ukraine “On Prevention of Corruption;”
e) paragraph 4 of part 1, and part 2 of Article 20 shall be deleted;
14) Article 7, part 1 of Article 5 of the Law of Ukraine “On Status of Deputies of Local Councils” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2002, No. 40, Article 290; 2013, No. 14, Article 89; 2014, No. 11, Article 132) shall be amended to read as follows:
“7) after the entry into effect of a sentence subjecting a person to imprisonment or entry into effect of a judgment holding such person liable for corruption or a corruption-related offence, and when punishment was served or imposed in a form of deprivation of the right to occupy certain positions or engage in certain activities related to performance of the functions of state or local government;”
15) in the Rules of Procedure of the Verkhovna Rada of Ukraine, as approved by the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2010, Nos. 14–17, Article 133, as amended):
а) Chapter 5 shall be supplemented with Article 31-1 to read as follows:
“Article 31-1. Restrictions on taking part in discussion of issues at a plenary meeting of the Verkhovna Rada of Ukraine related to the conflict of interest
1. The Member of Parliament shall participate in plenary meetings during discussion of issues where he/she has a conflict of interest, only subject to public announcement thereto during the plenary meeting of the Verkhovna Rada of Ukraine hearing the respective issue;”
b) Article 37 shall be supplemented with part 6 to read as follows:
“6. The Member of Parliament shall participate in voting at plenary meetings during discussion of issues where he/she has a conflict of interest, only subject to public announcement thereto during the plenary meeting of the Verkhovna Rada of Ukraine hearing the respective issue;”
c) part 2 of Article 85 shall be supplemented with paragraph 2 to read as follows:
“The Member of Parliament who faces a real or potential conflict of interest in issues for preparation and preliminary consideration of which the respective commission is created, may not be elected as a member of the temporary special commission. The Member of Parliament nominated by a parliamentary faction (or a group of members of parliament) to membership of a temporary special commission, must notify the Verkhovna Rada about his/her inability to participate in the temporary special commission if the said reason exists;”
d) part 3 of Article 87 shall be supplemented with paragraphs 6 and 7 to read as follows:
“5) shall have, when elected, any other real or potential conflict of interest in relation to issues for investigation of which an appropriate commission is established.
The Member of Parliament who has a real or potential conflict of interest in issues, for which the said commission is created, may not be elected as a member of the temporary investigating commission.”
e) in Article 173:
part 4 shall be amended to read as follows:
“4. A candidate for the position of special prosecutor or special investigator shall provide the Verkhovna Rada with an individual card and a declaration of a person authorised to perform the functions of state or local government for the previous year;”
part 6 shall be supplemented with paragraph 2 to read as follows:
“A person who, if elected, faces a real or potential conflict of interest, in relation to issues for investigation of which an appropriate commission is established, may not be elected as a member of the special temporary investigating commission. A person nominated by a parliamentary faction (or a group of members of parliament) to membership of the special temporary investigating commission must notify the respective committee and the Verkhovna Rada about his/her inability to participate in the temporary special investigating commission if the said reason exists;”
16) in the Law of Ukraine “On the Judicial System and Status of Judges” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2010, Nos. 41–45, Article 529; 2013, No. 14, Article 89, No. 38, Article 501; 2014, No. 11, Article 132, No. 23, Article 870):
а) in part 4 of Article 54:
in Clause 6, the words “by the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction” shall be replaced with words “by the Law of Ukraine “On Prevention of Corruption;”
Clause 7 shall be amended to read as follows:
“7) submit a declaration of a person authorised to perform the functions of state or local government, in the manner prescribed by the Law of Ukraine “On Prevention of Corruption;”
b) Article 56 shall be supplemented with part 2 to read as follows:
“2. The Judicial Ethics Commission shall work on the development of the draft Code of Judicial Ethics and amendments to it, consulting judges and resigned judges on problematic issues and giving recommendations on judges’ ethical conduct, preventing and regulating conflicts of interests in their activity, preventing unlawful benefits or gifts that are prohibited by law and their handling.
The Council of Judges of Ukraine shall create the Judicial Ethics Commission, develop and approve its regulations. The Judicial Ethics Commission shall exercise its powers on a pro bono basis. The Administrative Office of the Council of Judges of Ukraine shall provide for its operation;”
c) in part 1 of Article 67:
Clause 8 shall be deleted;
after paragraph 11 a new paragraph shall be added to read as follows:
“A candidate for the position of judge shall also submit to the National Agency on Corruption Prevention a declaration of the person authorised to perform the functions of state or local government, in the manner prescribed by the Law of Ukraine “On Prevention of Corruption”.
In connection herewith, paragraphs 12 and 13 shall be considered paragraphs 13 and 14;
d) in Clause 7, part 4 of Article 75, the words “by the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction” shall be replaced with words “by the Law of Ukraine “On Prevention of Corruption;”
e) Clause 6, part 1 of Article 83 shall be amended to read as follows:
“6) delayed submission of a declaration of a person authorised to perform the functions of state or local government, in the manner prescribed by the Law of Ukraine “On Prevention of Corruption;”
f) in Article 127:
Article 6-1 of part 5 shall be amended to read as follows:
“6-1) control compliance with the legal requirements pertaining to prevention and settlement of a conflict of interest in the activity of the Judges of the Constitutional Court of Ukraine and judges of general jurisdiction, the Chairman and members of the Higher Qualification Commission of Judges of Ukraine, the Chairman of the State Judicial Administration of Ukraine and his/her deputies, shall make a decision on settlement of a real or potential conflict of interest in activities of the said persons (except for cases when the conflict of interest shall be settled in the manner prescribed by procedural legislation);”
after part 5 a new part shall be added to read as follows:
“6. If the judges of the Constitutional Court of Ukraine and the judges of general jurisdiction (except for cases when the conflict of interest shall be settled in the manner prescribed by procedural legislation), the Chairman and members of the Higher Qualification Commission of Judges of Ukraine or the Chairman of the State Judicial Administration of Ukraine, have a real or potential conflict of interest, they shall, no later than the following working day after such conflict arose, notify thereof the Council of Judges in writting.”
In connection herewith, parts 6 through 9 shall be considered parts 7 through 10, respectively;
{Subclause 17, Clause 5 of Section XIII has been repealed under Law No. 595-VIII of 14 July 2015}
18) part 6, Article 6 of the Law of Ukraine “On Access to Public Information” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2011, No. 32, Article 314; 2013, No. 14, Article 89; 2014, No. 11, Article 132) shall be amended to read as follows:
“6. Information listed in the declaration of a person authorised to perform the functions of state or local government, submitted under the Law of Ukraine “On Prevention of Corruption”, shall not be deemed restricted-access information, except for the information mentioned in paragraph 4, part 1, Article 47 of the said Law;”
19) Article 19 of the Law of Ukraine “On Central Bodies of Executive Power” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2011, No. 38, Article 385; 2014, No. 13, Article 223) shall be supplemented with part 6 and note to read as follows:
“6. If the head of the central executive body has a real or potential conflict of interest, he/she shall, no later than on the following working day, notify thereof the minister. The minister shall direct and coordinate the respective central executive body, except for the head of the central executive body with special status, which shall, in the said case, notify the Cabinet of Ministers of Ukraine.
Following the results of consideration of the said information, the minister directing and coordinating the respective central executive body shall make a decision on taking measures to settle the conflict of interest of the respective central executive body head, and then control their implementation. If the conflict of interest arises for the head of the central executive body with special status, the said actions shall be taken by the Cabinet of Ministers of Ukraine.
Note. The terms “real conflict of interest”, “potential conflict of interest” are used in the meaning, specified in the Law of Ukraine “On Prevention of Corruption;”
{Subclause 20, Clause 5 of Section XIII has been repealed under Code No. 396-IX of 19 December 2019}
21) in the Law of Ukraine “On the Cabinet of Ministers of Ukraine” (The Official Bulletin of the Verkhovna Rada of Ukraine, 2014, No. 13, Article 222, No. 22, Article 816):
a) in part 4 of Article 7, the words “by the Law of Ukraine “On the Principles of Corruption Prevention and Counteraction” shall be replaced with words “by the Law of Ukraine “On Prevention of Corruption;”
b) shall be supplemented with Article 45-1 to read as follows:
“Article 45-1. Conflict of Interest
1. A member of the Cabinet of Ministers of Ukraine shall not use his/her official position for private interest.
2. If a member of the Cabinet of Ministers of Ukraine faces a real or potential conflict of interest, he/she shall, no later than on the following working day, notify thereof the Cabinet of Ministers of Ukraine in writing.
3. A member of the Cabinet of Ministers of Ukraine may not participate in the examination, preparation and decision-making, perform other powers in the issues with regard to which he or she has evident real or potential conflict of interest.
4. If it is impossible to settle the conflict of interest of the member of the Cabinet of Ministers of Ukraine in the manner prescribed by Part Three of this Article and if he/she cannot resolve the conflict of interest alone, the Prime Minister of Ukraine shall apply to the Verkhovna Rada of Ukraine with a recommendation to dismiss the said member of the Cabinet of Ministers of Ukraine (the recommendation about the Minister of Foreign Affairs of Ukraine and the Minister of Defense of Ukraine shall be given subject to the consent of the President of Ukraine).
Note. The terms “real conflict of interest”, “potential conflict of interest”, “private interest” shall be used in the meaning, specified in the Law of Ukraine “On Prevention of Corruption”
{Subclause 22, Clause 5 of Section ХІІІ has been repealed under Law No. 922-VIII of 25 December 2015}
{Also refer to Clause 6, Section II of Law No. 1975-VIII of 23 March 2017}
6. The Cabinet of Ministers of Ukraine shall:
1) within three months of the effective date of this Law, ensure implementation of the Regulation on the Competitive Selection to Fill Vacancies of the Members of the National Agency on Corruption Prevention and the Rules of Procedures for the respective Competitive Selection Committee;
2) within six months of the effective date of this Law, submit its proposals for consideration of the Verkhovna Rada of Ukraine on the amendment of legislative acts in accordance with this Law;
ensure that all regulatory acts provided for by this Law, except for those provided for by Subclause 1 of this Clause, are properly adopted;
bring its regulatory acts in line with this Law;
ensure that regulatory acts of the ministries and other central executive bodies are brought into conformity with this Law;
establish the National Agency on Corruption Prevention;
3) ensure that the selective competition to fill the vacancies of the members of the National Agency on Corruption Prevention is duly conducted in the manner prescribed by Article 5 of this Law, before this Law comes into force.
{Clause 6 of Section ХІІІ has been supplemented with Subclause 3 under Law No. 198-VIII of 12 February 2015}
