Deputy lawyer Ivan Ishchuk on the types of declarations, grounds and deadlines for their submission

Deputy lawyer Ivan Ishchuk on the types of declarations, grounds and deadlines for their submission

Author

Perepelchenko Anatolii

Types of declarations, grounds and deadlines for their submission.
Law of Ukraine on "Prevention of Corruption".
There are four types of declaration:
- Annual;
- Before dismissal;
- After release;
- The candidate for the position;
- Notification of significant changes in financial condition;
However, this law does not provide for deadlines for filing only declarations after dismissal.
In this situation, it is necessary to take the position of the High Specialized Court of Ukraine set out in the information letter on bringing to administrative responsibility for certain offenses related to corruption. The court also found that the lack of a legal definition and deadline for filing a declaration in the event of termination of activity makes it impossible to unconditionally state such a submission. A similar position is taken by the European Court of Human Rights, whose practice is the source of Ukrainian law. Thus, the decision of the European Court of Human Rights of October 14, 2010 in the case (Shchokin v. Ukraine defined the concept of quality of law). In particular, with the aim that it be available to stakeholders clearly and predictably in its application. The lack of necessary sensitivity and accuracy in national legislation violates the requirement of clarity of law. Where national law provides for ambiguous or multiple interpretations of the rights and obligations of individuals. National authorities are obliged to take the most personal approach. That is, the resolution of the conflict in the law is always interpreted in favor of the person.