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NACP results for February: protocols on conflict of interest

04.03.2024
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In February 2024, the National Agency on Corruption Prevention (NACP) drew up a number of protocols on administrative offenses and issued an order to violate the requirements of the legislation on ethical behavior, prevention and settlement of conflicts of interest.

The NACP filed a report with the Kovpakivskyi District Court of Sumy against the Acting Deputy Head of the Investigation Department of the Sumy District Police Department of the Main Department of the National Police of the region on the grounds of an administrative offense under Part 1 of Article 172-9 of the Code of Administrative Offenses. Upon detecting a corruption offense, he failed to take the measures provided for by law, namely, he failed to enter information into the Unified Register of Pre-trial Investigations based on a substantiated conclusion of the NACP. 

The conclusion stated that officials of the Sumy Regional Charitable Foundation for Health Care Development misappropriated charitable aid through abuse of office (Part 4 of Article 191 of the Criminal Code of Ukraine). To conceal this fact, the official provided the NACP with false information about the pre-trial investigation allegedly initiated on the basis of a substantiated conclusion under Art. 358 of the Criminal Code of Ukraine.  

A report on committing an administrative offense related to corruption under Art. 172-7 of the Code of Administrative Offenses was also drawn up against the Head of the Legal Support Department of the Main State Tax Service in Lviv Oblast, a member of the commission on suspension of registration of a tax invoice/adjustment calculation in the Unified Register of Tax Invoices. 

It was established that at the meeting of the said commission he failed to report a conflict of interest and, acting in conditions of a real conflict of interest, made a decision regarding a legal entity whose director is his close relative.

In February, the NACP drew up a report on administrative offenses related to corruption under parts 1 and 2 of Article 172-7 of the Code of Administrative Offenses against the Deputy Head of the Presidential Office. He organized the Electricity Committee at the Presidential Office, at whose meetings he took part in discussions and made a number of decisions. In particular, regarding payments to companies that produce electricity from alternative sources for the product they produce. This included seven companies whose ultimate beneficial owner is his own brother.

In addition, the NACP issued an order to the mayor of Starokostiantyniv demanding to eliminate the direct reporting relationship between him and his wife, who holds one of the senior positions in the staff of the Starokostiantyniv City Council. 

Thus, in 2023, he registered a marriage with his subordinate, which resulted in a direct reporting relationship, which is a violation of the restrictions set forth in Article 27 of the Law of Ukraine "On Prevention of Corruption". In addition, prior to the marriage, the mayor provided bonuses to his subordinate, who was his fiancée and with whom he had an off-duty relationship. Based on this fact, the NACP drew up and sent to the National Police a substantiated conclusion that the actions of the mayor constituted a corruption-related offense - violation of the requirements for preventing and resolving conflicts of interest.

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