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Conflict of interest: regulations, reasonable conclusions, November protocols

05.12.2024
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In November 2024, the National Agency on Corruption Prevention (NACP) identified a number of violations and drew up relevant protocols on conflict of interest, in particular in relation to a judge; sent substantiated conclusions on administrative offenses related to corruption in the procurement of goods for the construction of fortifications; issued instructions on violation of the Law of Ukraine “On Prevention of Corruption” by the head of the State Service of Ukraine on Medicines and Drug Control, etc.

Thus, NACP drew up and sent to court a protocol for committing an administrative offense under Part 2 of Art. 172-7 of the Code of Administrative Offenses against a judge of the court of Pivdenoukrainsk (until 2024 - Yuzhnoukrainsk), Mykolaiv region. It was established that the offender, as an investigating judge in the case, contrary to the requirements of Art. 28 of the Law of Ukraine “On Prevention of Corruption” and in violation of Art. 80 of the Criminal Procedure Code of Ukraine, made a decision in conditions of a real conflict of interest. He ordered police officials to initiate a pre-trial investigation into the publication on social media of lists of people who expressed support for the awarding of the title “Honorary Citizen of the Yuzhnoukrainsk City Territorial Community” to this judge.

In November 2024, the Agency sent three substantiated conclusions about corruption offenses. In particular, NACP sent two conclusions to the police in Dnipropetrovs'k region regarding the commission of offenses under Art. 191 of the Criminal Code by officials of a military unit during procurement for the construction of military engineering and fortifications. The goods were purchased at a significantly higher price than the real market price, which resulted in additional expenses of UAH 9 million.

After reviewing the substantiated conclusions, criminal proceedings were initiated on the fact of misappropriation of budget funds by an official in collusion with an individual entrepreneur through abuse of office. The pre-trial investigation is currently underway. If the official's guilt is proven, he faces imprisonment for a term of five to eight years with disqualification to hold certain positions or engage in certain activities for up to three years.

The National Agency also drew up and sent to court a report on an administrative offense against the general director of a municipal enterprise of the Kyiv City State Administration for the Protection, Maintenance and Operation of the Lands of the Kyiv Water Fund. The official refused to provide documents at the Agency's request, and, as a result, violated the requirements of Article 12 of the Law of Ukraine “On Prevention of Corruption”. The documents requested by NACP concerned the procurement of artesian well drilling services worth almost UAH 3.5 million at the expense of the local budget in the Desnianskyi district of the capital.

NACP also issued orders to the director general of the municipal enterprise to eliminate the violation and to the Kyiv mayor to conduct an internal investigation into the matter and bring the responsible officials of the municipal enterprise to disciplinary responsibility.

Based on the results of the NACP's monitoring, the Main Police Department in Odesa Oblast received a substantiated conclusion on the possible commission of an administrative offense related to corruption under Art. 172-4 of the Code of Administrative Offenses. The Agency's experts found that the head of the rescue unit of the SES continued to hold the position of director of the LLC after his appointment to the civil service, and also failed to transfer his share in the capital within the established 60-day period after his appointment. In addition, NACP issued an order to the Head of the Main Department of the State Emergency Service of Ukraine in Odesa Oblast for violating Article 36 of the Law on Prevention of Corruption by his subordinates.

Also in November, NACP issued an order to the Director of the State Employment Center for violation of the legal requirements for reporting corruption and verification of whistleblower reports by the Chernihiv Regional Employment Center. Another order was issued to the Head of the State Service of Ukraine on Medicines and Drugs Control for failure to report a conflict of interest and failure of the authorized unit to take measures to resolve it.

The components of the conflict of interest and the list of persons subject to the requirements for preventing and resolving conflicts of interest can be found in the NACP Knowledge Base.

By taking the conflict of interest test, you can get an answer to the question of whether you have a conflict of interest. 

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