Conflict of interest is the root cause of corruption offenses. Not all officials are able to avoid temptations that arise in the course of performing their official duties and often use them to satisfy private interests, acting contrary to the interests of the service.
In September, the National Agency on Corruption Prevention (NACP) drew up a number of protocols on such abuses, and the courts have already made decisions based on the results of reviewing some preliminary materials.
In particular, the NACP sent a protocol to the court against a former senior investigator of the Darnytsia Police Department in Kyiv for committing an administrative offense related to corruption under Article 172-8 of the Code of Administrative Offenses. She illegally disclosed official information in her own interests. It was established that the investigator used one of the instant messaging services to pass information about passwords for unimpeded movement through stationary checkpoints during the curfew in Kyiv and the region to her friend.
In September, the NACP also drew up reports on administrative violations against the head of the Northern Interregional Forestry and Hunting Department, his first deputy, and a judge of the Krasnokutskyi District Court of Kharkiv Region.
Based on the NACP's materials, the courts issued a number of decisions:
- In a decision of the Kryzhopil District Court of Vinnytsia Oblast dated September 20, 2023, the judge of the Pishchanka District Court of Vinnytsia Oblast was found guilty of committing an administrative offense under Part 2 of Article 172-7 of the Code of Administrative Offenses and fined UAH 3,400. Earlier, the National Agency drew up a report against a judge who, in 2020 - 2022, acting in a real conflict of interest, considered a criminal case on charges against a citizen with whom she had an off-duty relationship.
- The Kherson Court of Appeal upheld the conclusion of the Kherson City Court, which found the First Deputy Chief State Inspector for Environmental Protection of the Southern District guilty of committing an administrative offense related to corruption. The NACP's report states that the official, contrary to the legal prohibition, held the position of director of a profit-making LLC. Disagreeing with the decision of the court of first instance, the official filed an appeal, in which he asked to close the proceedings due to the absence of the elements and events of the offense. However, the appellate court confirmed that the inspector was guilty under 172-7 of the Code of Administrative Offenses and had to pay a fine of UAH 5,100.
- The Lviv Court of Appeal did not satisfy the appeal of Drohobych Mayor Taras Kuchma. In July, the court of first instance found the mayor guilty of committing administrative offenses under parts 1 and 2 of Article 172-7 of the Code of Administrative Offenses and imposed a fine of UAH 6,800. The mayor made decisions regarding a company that made voluntary contributions to his election fund during the 2020 local elections and also rewarded himself. In this way, he violated the prohibition to take actions and make decisions in conditions of a real conflict of interest.
- By the decision of the Shevchenkivskyi District Court of Chernivtsi dated September 26, 2023, based on the results of consideration of the National Agency's protocol, the head of one of the phytosanitary security departments of the Main Directorate of the State Service of Ukraine for Food Safety and Consumer Protection in Chernivtsi region was found guilty of committing administrative offenses related to corruption under 172-7 of the Code of Administrative Offenses. By acting under circumstances of a real conflict of interest, she evaluated the performance of her daughter, who also works for this government agency.
- In addition, in September, the NACP issued an order to the head of the National Agency of Ukraine on Civil Service (NACS) demanding an internal investigation into a corruption-related offense committed by her subordinate, the head of the NACS Interregional Department in Kharkiv and Sumy regions. It is a violation of the requirements of paragraph 1 of Part 3 of Article 36 of the Law of Ukraine "On Prevention of Corruption". Thus, the NACP found that after his appointment to the position, he failed to transfer his corporate rights to the management in the manner prescribed by law.
- The order was also issued to the acting Director General of the State Specialized Economic Enterprise "Forests of Ukraine" with a requirement to eliminate violations by officials of the state-owned enterprise (SOE) of the restrictions provided for in Article 22 of the Law of Ukraine "On Prevention of Corruption". The order also states the need to conduct an internal investigation in connection with the revealed facts of systematic use of company cars for private purposes by officials of the state enterprise and their family members, in particular, for visiting a shopping mall and family trips on weekends.
- a test to determine whether a conflict of interest exists or not. This test will help those public servants who have doubts quickly understand many typical problematic situations;
- a test for resolving conflicts of interest. This test will tell you whom to notify and what steps to take to resolve it if such a conflict has arisen;
- a test for a manager to choose a way to resolve a conflict of interest in his or her subordinates. This test will help the manager determine the best actions to resolve a conflict of interest in a subordinate.
