Representation of interests of subjects of declaration in NAPC and in court

Presently, the submission of E-Declarations is mandatory for every civil servant of Ukraine.

For non-submission, late submission and errors in filling out the E-declaration, administrative liability is provided with the entry of information in the register of persons who have committed a corruption offense.

Therefore, civil servants of different levels and ranks need to be well versed not only in the relevant legislation, but also in anti-corruption legislation and know the Law of Ukraine “On Prevention of Corruption”, which establishes and defines the relevant reporting obligations.

Moreover, there are a number of bylaws that regulate the procedure for such declaration.

With this in mind, every person who fills out an electronic declaration usually has many questions about the correctness, appropriateness and completeness of the data provided.

In this case, experienced lawyers of JSB “Prikhodko and Partners” will provide professional advice on e-declaration on all issues that may arise0:

1. Regarding the subjects of declaration:

• Which positions belong to positions with a high level of corruption risks?
• Who are the officials who hold a responsible and especially responsible position?
• Who are national public figures?
• Who are considered “officials and officials of other state bodies”?
• Who are considered officials of legal entities under public law?

2. What are the types of declarations (annual, pre-dismissal declaration, post-dismissal declaration, candidate’s declaration)?

3. When and for what period they need to be submitted?

4. In what period the declaration is submitted by candidates for deputies of councils of different levels and candidates for positions of village, settlement and city mayors?

5. Is it necessary to submit an annual declaration and a declaration before dismissal, if the person is released before April 1?

6. Is it necessary to file declarations before and after release if the person has ceased to be the subject of the declaration?

7. Is a declaration submitted before dismissal if the new position of the person is also related to the performance of the functions of the state or local self-government?

However, it should be noted that the violation of anti-corruption legislation, which includes the obligation to declare, is manifested not only in administrative or any other legal liability, but also carries great reputational risks.

 

Currently, the conditions for monitoring the compliance of civil servants with the E-declaration procedure are clearly aimed at total control and continuous inspections.Andrey Prikhodko

Therefore, given that every civil servant, regardless of rank, is closely monitored by responsible persons, consultation on filling in the declaration will be a necessary preventive measure against possible reputational negative consequences.

In conclusion, we consider it necessary to draw the reader’s attention to the fact that the formal and reckless attitude of the reporting subjects to the E-declaration will obviously attract the corresponding negative consequences, which will be an undesirable result for either party.

That is why the most effective measure before submitting an E-declaration is a legal consultation of a lawyer, which specializes in including consulting specialists of the Law Office “Prikhodko and Partners”.

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