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Conflicts of interest: reasoned conclusions, protocols and court decisions

10.03.2025

Several dozen reports against the mayor, based on substantiated conclusions of the National Agency on Corruption Prevention (NACP), exposure of signs of abuse of office by officials of the executive branch, detection of violations of the requirements for transferring corporate rights to management and statutory restrictions on receiving gifts - these are the results of the Agency's activities in the field of legislation on prevention and settlement of conflicts of interest for the first two months of this year.

In February, based on the NACP's substantiated conclusion, the National Police of Ukraine sent 40 reports on administrative offences committed by the mayor of Dolyna, Ivano-Frankivsk region, to the court. These are violations of the legislation on prevention and settlement of conflicts of interest (part 3 of Article 172-7 of the Code of Administrative Offences).

The National Agency established that the mayor exercised his powers in conditions of a real conflict of interest. The official, despite having been previously brought to administrative responsibility for a similar offence, systematically made decisions on his own bonuses. The court will decide on the punishment of the official and possible inclusion of his data in the Register of Offenders.

Read more about the conflict of interest that arises when rewarding city mayors here.

Signs of corruption offences under Part 5 of Article 191 of the Criminal Code of Ukraine ‘Misappropriation, embezzlement or seizure of property by abuse of office’ were detected by the NACP's authorised persons while monitoring compliance with the conflict of interest legislation by officials of one of the regional military administrations (RMAs).

In 2024, officials of the Regional Military Administration purchased goods for fortification facilities at a price that exceeded the market price by approximately UAH 15 million.

Several individual entrepreneurs who acted as intermediaries between the DPA and the manufacturer sold the products, although they had previously purchased them directly.

To date, the Agency has drawn up six substantiated conclusions, on the basis of which the National Police has launched a pre-trial investigation.

If found guilty, the officials face imprisonment for a term of 7 to 12 years with disqualification to hold certain positions or engage in certain activities for up to three years and confiscation of property.

The Agency also established two facts of violation of the requirements of the Law of Ukraine ‘On Prevention of Corruption ’ regarding the transfer of corporate rights to management.

In the first case, an employee of the Bureau of Economic Security (BES) is also a founder of a business company in Poland (no agreement on the transfer of corporate rights to management was concluded).

In the second case, it was established that the rector of a Ukrainian university transferred his corporate rights to management with a significant violation of the statutory deadline.

NACP initiated internal investigations into these facts. For more information on the rules for preventing conflicts of interest in connection with the ownership of enterprises or corporate rights, please see here and here.

In addition, NACP made a substantiated conclusion on the detection of signs of an administrative offence related to corruption in relation to an employee of one of the departments of the Pension Fund of Ukraine in Kyiv region.

The official received a gift in the form of a car at a price lower than the minimum market price. At the same time, its value was UAH 176 thousand, which exceeded two subsistence minimums for able-bodied persons.

NACP's conclusion was sent to the National Police to draw up a report under Article 172-5 of the Code of Administrative Offences ‘Violation of statutory restrictions on receiving gifts’. After the police draw up the report, the fate of the official will be determined by the court.

Compliance with the NACP's recommendations and detailed explanations of anti-corruption legislation on these issues will help to avoid administrative liability for such offences.

A penalty in the form of a fine for violation of restrictions on combining and holding other jobs was imposed by the Dniprovskyi District Court of Kyiv based on a report drawn up by the NACP against a former investigator of the Kyiv District Police Department. The official, in violation of clause 2 of part 1 of Article 25 of the Law of Ukraine ‘On Prevention of Corruption’, simultaneously with his main activity, was a member of the executive body of a limited liability company aimed at making a profit, holding the position of director.

The essence of the restriction for which the said official was brought to justice was described by the NACP here.

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