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Conflict of interest: protocols and orders of the NACP in April 

07.05.2024

In April 2024, the National Agency on Corruption Prevention (NACP) drew up a number of administrative protocols and orders on violations of the legislation on ethical behavior, prevention and settlement of conflicts of interest. 

For example, a protocol was drawn up against the mayor of Starokostiantyniv, Khmelnytskyi region, under parts 1 and 2 of Article 172-7 of the Code of Administrative Offenses. In October 2023, he issued two orders on bonuses to his fiancée, who held the position of Head of the General Department of the Executive Committee of the Starokostiantyniv City Council, with whom he had an off-duty relationship, which violated the requirements of clause 3, part 1, article 28 of the Law of Ukraine “On Prevention of Corruption” (hereinafter - the Law).

It was also established that in 2023 the official registered a marriage with the said employee of the city council. According to the requirements of Art. 27 of the Law, the work of a spouse, i.e. a close person, in the direct subordination of the city mayor is not allowed. In such a case, the city mayor or his/her subordinate close person must be dismissed from office. Taking into account the above, the city mayor was issued an order requiring him to eliminate the direct subordination relationship, which he failed to comply with. 

In connection with the failure to comply with the requirements of the order, the NACP initiated a procedure for bringing the mayor to administrative responsibility under Art. 188-46 of the Code of Administrative Offenses.

A report was also drawn up under Part 2 of Art. 172-4 of the Code of Administrative Offenses against an official who, while holding the position of Director of the Department of Vessel Control of the State Service of Maritime and Inland Water Transport and Shipping of Ukraine, contrary to the requirements of paragraph 2 of Part 1 and Part 2 of Art. 25 of the Law, while holding the position of Director of a private enterprise (was a member of its executive body), failed to take measures to resign from his position in a private enterprise within the time limit specified by the Law and allowed illegal concurrent employment. 

The National Agency issued an order to the Head of the Kyiv Regional Military Administration to eliminate violations of the Law of Ukraine “On Prevention of Corruption” identified during the inspection and to conduct an internal investigation. These are:

  • violations of corruption risk management in accordance with the requirements of the Corruption Risk Management Methodology approved by the National Agency Order No. 830/21 of 28.12.2021 “On Improving the Corruption Risk Management Process”
  • failure to comply with the terms and procedure for conducting special inspections provided for by the Law and bylaws;
  • bringing the review of reports of possible facts of corruption and corruption-related offenses and other violations of the Law in line with the requirements of Articles 53, 53-2 of the Law.

In addition, the NACP issued an order to the Head of the State Migration Service of Ukraine to eliminate the identified violations of Articles 27, 28 of the Law of Ukraine “On Prevention of Corruption” and to conduct an internal investigation. 

It was established that a close person works in the direct subordination of the First Deputy Head of the State Migration Service Office in Ivano-Frankivsk region. However, despite being aware of this situation, the Head of the Department did not take measures to terminate the direct subordination of these close persons.

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