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Conflict of interest: decisions and criminal proceedings based on NACP materials in September

07.10.2024

In September 2024, three criminal proceedings were initiated based on the materials of the National Agency on Corruption Prevention (NACP) collected in the course of monitoring and control over the implementation of legislation on the prevention and settlement of conflicts of interest.

In particular, the Ivano-Frankivsk Regional Prosecutor's Office registered two criminal proceedings on the fact of committing a corruption offense under Part 4 of Article 191 of the Criminal Code of Ukraine. NACP found that in 2022, officials of one of the main departments of the State Emergency Service of Ukraine and one of the state rescue units, acting in alleged collusion with an individual entrepreneur, entered into contracts for the supply of footwear despite the fact that the tender proposal did not meet the technical characteristics specified in the announcement of a simplified procurement. Subsequently, the officials, ignoring the provisions of the law and the terms of the contract, accepted goods of inadequate quality from the supplier and unreasonably made payments. 

The State Bureau of Investigation registered another criminal proceeding based on the NACP substantiated conclusion. It concerns the detection of signs of a corruption offense under Part 4 of Article 191 of the Criminal Code of Ukraine. NACP found that in 2022, officials of one of the main departments of the National Police of Ukraine, acting in alleged collusion with officials of the supplier company, purchased a modular boiler house at a price exceeding the market price by more than UAH 500 thousand. 

In addition, the National Agency issued two notices of violation of the legislation on ethical behavior, prevention and settlement of conflicts of interest, and sent two substantiated conclusions on corruption offenses.

Thus, the Head of the State Service of Ukraine on Food Safety and Consumer Protection received an order to eliminate violations of Article 22 of the Law of Ukraine “On Prevention of Corruption”, conduct an internal investigation and bring to disciplinary responsibility officials of the Main Department of the State Service of Ukraine on Food Safety and Consumer Protection in Kyiv.  

The violations concerned the use of a company car on a regular basis on weekends by the Head of the Main Directorate of the State Service of Ukraine for Food Safety and Consumer Protection in Kyiv for private purposes, namely for transportation of his family members and their personal belongings, as well as the lack of control and proper accounting of the use of cars for business-related travel. 

An order to eliminate violations of the Law of Ukraine “On Prevention of Corruption” identified during the inspection and to conduct an internal investigation was also issued to the Mayor of Yavoriv, Lviv Oblast. The violations concerned the failure to resolve a potential conflict of interest of the head of a subordinate institution, the lack of control by the anti-corruption commissioner of the city council over compliance with anti-corruption legislation at all subordinate enterprises, institutions and organizations, and bringing the orders of the Yavoriv mayor in line with the requirements of Article 13-1 of the Law of Ukraine “On Prevention of Corruption”.

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