Restrictions on acceptance of gifts
Apply to persons specified in Article 3, Part 1, para 1,2 of the Law.
A gift is money or other property, benefits, privileges, services, intangible assets that are provided/accepted free of charge or at a price below the minimum market price.
Article 23, Part 1 of the Law strictly prohibits demanding, asking for, accepting gifts (regardless of their value) for oneself or close persons from legal entities and individuals:
- in connection with the implementation of activities related to the performance of functions of the state or local government;
- if a person giving the gift (the giver) is subordinate to the person to whom he/she gives the gift (the gift recipient).
Allowed with certain restrictions
According to Article 23, Part 2 of the Law it is allowed to accept gifts that comply with generally accepted notions of hospitality, if:
- the value of such gifts does not exceed 1 subsistence minimum for able-bodied persons in force on the day of acceptance of the gift, once;
- the total value of such gifts accepted from one person (group of persons) during the year does not exceed two subsistence minimums established for able-bodied persons as of January 1 of the year in which the gifts were accepted.
These gifts are allowed only under the following conditions:
- gifts are not accepted in connection with the implementation by such persons of activities related to the performance of functions of the state or local government;
- the person giving the gift is not subordinate to the person to whom he/she gives the gift.
In accordance with Article 23, Part 2 of the Law is allowed to accept:
- publicly available discounts on goods, services, publicly available winnings, prizes, premia, bonuses;
- any gifts from close persons regardless of their value.
Restrictions on secondary jobs and engagement in other activities
The persons specified in Article 3, Part 1, par. 1 of the Law, are prohibited from:
1) engaging in other paid activities (except for teaching, scientific and creative activities, medical practice, instructional and judicial practices in sports) or entrepreneurial activities, unless otherwise stipulated by the Constitution or the Laws of Ukraine;
2) being a member of the Board, other executive or supervisory bodies, the Supervisory Board of for-profit enterprises or organizations (except when individuals perform the functions of management of securities (shares, equity interest) owned by the state or local community, and represent the interests of the state or territorial community in the Council (Supervisory Council), the audit commission of the economic entity, unless otherwise stipulated by the Constitution or the Laws of Ukraine.
These restrictions do not apply to:
- Members of Parliament of the Autonomous Republic of Crimea, deputies of local councils (except for those exercising their powers in the relevant councils on a permanent basis),
- Assistants-Consultants to the Members of Parliament of Ukraine,
- Staff 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, staff of the Secretariats of MPs groups in the Verkhovna Rada of Ukraine, staff of the patronage services in state bodies.
The restrictions after the termination of activities related to the performance of functions of the state, local government
Persons authorized to perform the functions of the state or local government referred to in Article 3, Part 1, par. 1 of the Law, which resigned or otherwise terminated the activities related to the performance of functions of the state or local government, are prohibited from:
1) concluding employment agreements (contracts) or performing juristic acts within a year from the date of termination of the relevant activities in the field of entrepreneurial activities with private legal entities or individual entrepreneurs, if the persons specified in paragraph one of this Part, within a year prior to the date of termination of performance of functions of the state or local government, exercised control, supervision, preparation or made relevant decisions regarding the activities of those legal entities or individual entrepreneurs;
2) disclose or otherwise use in own interests the information that became known to them in connection with the performance of official duties, except as provided by law;
3) within a year from the date of termination of relevant activities, represent the interests of any person in cases (including those reviewed in court) in which the other party is a body, enterprise, institution, organization in which they were employed at the time of termination of specified activities.