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Conflict of interest: regulations, justified conclusions, protocols and court decisions in October

06.11.2024

A justified conclusion on the commission of a corruption-related offense by the mayor of Brovary, protocols on administrative offenses related to the prevention and settlement of conflicts of interest against officials of the National Police and the State Tax Service of Ukraine, an order to eliminate violations of anti-corruption legislation against the head of the Chernihiv Region State Emergency Service - these are the results of the National Agency on Corruption Prevention (NACP) work in the field of legislation on the prevention and settlement of conflicts of interest for the October Based on the NACP materials, the court also ruled on such violations. 

Thus, the National Agency drew up and sent to the Department of Strategic Investigations of the National Police of Ukraine a substantiated conclusion on the detection of an administrative offense related to corruption in the actions of the Brovary mayor, namely, a violation of the restriction on receiving gifts.

The Brovary mayor received a gift for his wife in the form of a lease of a LAND ROVER 2023, at a price significantly lower than the minimum market price, from a legal entity that has been winning tenders for works at the expense of the local budget on a regular basis during 2023-2024.

The minimum market value of the car used by the official and his wife was over UAH 1 million. However, at the time of the monitoring, the mayor's family actually paid UAH 80 thousand to the company.

NACP also drew up a report on an administrative offense against the head of the Patrol Police Office in Cherkasy region of the Patrol Police Department. 

It was established that during 2017-2024, the official received gifts from an individual who is not his close relative in the form of free use of an apartment in Cherkasy with a total area of 67.9 square meters, which violated the restrictions established by Article 23 of the Law of Ukraine “On Prevention of Corruption”. The police officer's actions were classified under Part 1 of Art. 172-5 of the Code of Ukraine on Administrative Offenses. 

For committing the offenses stipulated by parts 1 and 2 of Art. 172-7 of the Code of Administrative Offenses, NACP drew up an administrative protocol against the head of the department of departmental control of the Main Department of the State Tax Service in Zhytomyr region. The official failed to report the existence of a real conflict of interest that arose in connection with a thematic inspection of the Department of Taxation of Individuals of the Main State Tax Service. It was established that the individual related to the offender by off-duty relations holds the position of Head of the Department for Administration of Taxes on Citizens and Persons Engaged in Independent Professional Activity, Taxes and Fees on Individual Entrepreneurs. 

In addition, in October 2024, the National Agency issued an order on violation of the requirements of the legislation on prevention and settlement of conflicts of interest

Thus, the Head of the Main Department of the State Emergency Service in Chernihiv Region was issued an order to eliminate violations of Article 36 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 National Police in Chernihiv Region. 

The NACP representatives found that the deputy head of one of the state fire and rescue units for the protection of facilities of the state fire and rescue detachment of the Main Directorate of the State Emergency Service of Ukraine in Chernihiv region for the protection of facilities, was appointed to the position in June 2023, but in violation of the Law of Ukraine “On Prevention of Corruption”, he failed to transfer his share in the authorized capital of the farm for management in a timely manner (60 days after the appointment), alienating it only in July 2024. 

The Mizhhirya District Court of Zakarpattia region found the head of the Department of Education, Culture, Sports and Health of the Skadovsk District State Administration guilty of committing an administrative offense related to corruption under Art. 172-4 of the Code of Administrative Offenses.

During 2023, the official worked part-time in an international foundation and received income, which violated the statutory restrictions provided for in clause 1, part 1, Article 25 of the Law of Ukraine “On Prevention of Corruption”. 

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