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From now on, top officials may accept gifts of any value from any person and “do favors” for their donors

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From now on, top officials may accept gifts of any value from any person and “do favors” for their donors

Due to the decision by the Constitutional Court of Ukraine dated 27.10.2020 No. 13-р/2020, the National Agency on Corruption Prevention (NACP) was deprived of the opportunity to draw up reports on administrative offenses, including with regard to violation of legislative limitations on accepting gifts by officials.

Taking advantage of the situation created by the CCU, officials may feel free to accept valuable gifts and “pay back” their donors while avoiding liability, as the mechanism for countering such offenses and the inevitability of punishment has been destroyed.

“If an official accepted a gift, and then, by way of gratuity, adopted a decision in favor of the donor, then such a decision shall be considered adopted in a conflict of interest and is subject to repeal.  However, due to the decision of the CCU, the NACP will not be able to draw up reports on administrative offenses and apply to the court with a motion to repeal such decisions,” – explains Head of the NACP, Oleksandr Novikov.

Who are the high-ranking officials who can now accept gifts?

  • President of Ukraine;
  • Prime-Minister and Ministers of the Cabinet of Ministers of Ukraine, deputies thereof;
  • Members of Parliament of Ukraine;
  • Judges and prosecutors;
  • Members of the High Council of Justice and members of the High Qualifications Commission of Judges of Ukraine;
  • Members of the Central Election Committee;
  • Head of the National Bank of Ukraine, deputies thereof;
  • Members of the National Council of Television and Radio Broadcasting of Ukraine, the National Commission for State Regulation of Financial Services Markets, The National Securities and Stock Market Commission;
  • Members of the Antimonopoly Committee of Ukraine;
  • the Head of the State Property Fund of Ukraine, deputies thereof;
  • the Head of the State Customs Service of Ukraine, deputies thereof;
  • the Head of the State Fiscal Service of Ukraine;
  • Secretary of the National Security and Defense Council of Ukraine, deputies thereof;
  • Head of the President of Ukraine’s Office, deputies thereof;
  • other civil servants of category “A” and “B”, local government officials, fall within the first to the third category.

Due to the decision of the Constitutional Court of Ukraine dated 27.10.2020 No. 13-р/2020, the work of the NACP remains blocked.  The NACP is deprived of the opportunity to conduct comprehensive declaration verifications, draw up reports on corruption-related administrative offenses, conduct inspections of organization of corruption-prevention work in state institutions, etc.

Regardless, we believe that law-makers will find legal ways to address the situation.  This is exactly why we continue working on the initiatives that will help increase the effectiveness of preventing and combatting corruption in Ukraine, following the restoration of the full functionality of the NACP.

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