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Conflict of interest: March protocols and court decisions based on NACP materials

04.04.2024
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In March 2024, the National Agency on Corruption Prevention (NACP) drew up a number of administrative protocols on violations of the legislation on ethical behavior, prevention and settlement of conflicts of interest. In addition, the courts made several decisions based on the NACP materials.

The NACP drew up a report for committing an administrative offense under Part 2 of Article 172-7 of the Code of Administrative Offenses against a judge of the Khotyn District Court of Chernivtsi Oblast. It was established that she solely participated in the consideration of cases and made decisions in the interests of the parties represented by a lawyer with whom she has a contractual relationship, namely, she rents an apartment from him. Thus, the judge violated the requirements of clause 3, part 1, Article 28 of the Law of Ukraine "On Prevention of Corruption" (hereinafter - the Law).

A report was also drawn up for committing administrative offenses under Part 1 of Article 172-5 of the Code of Administrative Offenses against the former Deputy Head of the National Police of Ukraine. The NACP established that he received a gift from citizens who are not his close relatives within the meaning of Part 1 of Article 1 of the Law in the form of renting (using) an apartment in Kyiv and a residential building in Boryspil district at prices lower than the minimum market value of rental housing. By doing so, the official violated the restrictions set forth in para. 1, Part 2, Article 23 of the Law, which is subject to administrative liability.

In March, the Pecherskyi District Court of Kyiv found Member of Parliament Oleksandr Dubinskyi guilty of violating the restrictions on preventing and resolving conflicts of interest established by the Law. The court confirmed the National Agency position that his actions constituted an administrative offense - Dubinsky sent parliamentary appeals to the Ministry of Health and the State Bureau of Investigation to obtain information necessary for his own defense against criminal prosecution. The court also imposed a fine of UAH 3,400 on him. 

Former Chief Justice of the Supreme Court Vsevolod Kniazev also received a court verdict based on the NACP materials. The Pecherskyi District Court of Kyiv found him guilty of violating the statutory restrictions on receiving gifts. The former Chief Justice was also fined UAH 2,550 and his gift of UAH 906,600 was confiscated. On March 11, the Kyiv Court of Appeal dismissed Knyazev's appeal against the decision of the Pechersk District Court of Kyiv, and thus it entered into force.

The Kamyanets-Podilsky City District Court of Khmelnytsky Oblast found Mykhailo Positko, head of the Kamyanets-Podilsky City Council, guilty of committing administrative offenses related to corruption. When reviewing the National Agency protocol, the court found that the mayor participated in a plenary session of the council to vote on the appointment of a person who made voluntary contributions to his election fund during the 2020 mayoral election. The mayor also made decisions on setting the maximum possible amount of bonuses for high performance and determined the amount of his monthly bonus. The mayor of Kamianets-Podilskyi was fined UAH 6,800.

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