WHAT CIRCUMSTANCES WILL BE SUSTAINED IN THE VIOLATION OF THE TERMS OF DELIVERY?
The situations of late submission of declarations are quite frequent for employees of state authorities and local self-government bodies. Among other similar problems, which clients turn to lawyers, such violations of the requirements of financial control, prosecution of the NAM, representation in the NACC, correct filling of declarations, timely submission of declarations, legal support in court in this category of cases, etc., can be mentioned.
Within the framework of this article, we will determine what situations are valid in the absence of deadlines for submitting a declaration and do not entail administrative liability under Article 172-6 of the Code of Ukraine on Administrative Offenses.
According to the explanations of the High Specialized Court of Ukraine for the consideration of civil and criminal cases “Regarding the prosecution of certain corruption-related offenses”. No. 223-943 / 0 / 4-17 of May 22, 2017, for good reason, means the inability of a person to file a declaration in due time in connection with (1) illness; (2) the presence of a person in treatment as a result of a natural disaster (flood, fire, earthquake) , 3) technical failures of the official website of the National Agency for the Prevention of Corruption, 4) the request for information necessary for the entry into the declaration, 5) detention (detention) in custody, etc.
I draw the attention of the court to the fact that the explanations provided do not have an exhaustive list of such circumstances, and therefore they can be expanded, depending on the actual circumstances of the case at the discretion of the court.
It should also be noted that in the sense of the provisions of Art. 172-6 KUpAP from the subjective side of this administrative offense involves the intentional form of guilty; responsibility arises provided that the subject is aware of the unlawful nature of his actions and had a direct intention to evade the filing of the declaration, guided by the personal interest or interests of third persons; the commission of such an act through negligence is not covered by the sanction of Article 172-6 of the Code of Administrative Offenses and excludes the prosecution of administrative liability.
Author: Ivan Ishchuk