Due to the full-scale war, the National Agency on Corruption Prevention (NACP) continues to implement security measures for declarants as required by law to maintain a balance between transparency of information and public safety. On December 10, 2023, NACP restored access to the public part of the Register of declarations, having previously removed the documents of declarants who had such a right after receiving a relevant request.
However, NACP is increasingly receiving requests to return the declarations of the declarant to public access due to the cessation of the circumstances under which such declarations were withdrawn. Let us explain in more detail what needs to be done for this purpose.
First of all, it is worth recalling that absolutely all withdrawn declarations will be returned to the public access of the Register from the day after the termination or lifting of martial law.
In other cases, this can only be done at the initiative of the person who submitted the request to remove the declarations from the public access of the Register in case the circumstances that were the basis for the application of security measures cease to exist. It is important to note that it is the initiator of such a submission who must verify the existence of grounds for removing security measures from the declarant.
For example, if the General Staff of the Armed Forces of Ukraine initiated the request to withdraw the declaration, only the General Staff of the Armed Forces of Ukraine can apply to NACP with the initiative to return it to public access, despite the fact that the declarant has been demobilized and started working in a certain government agency. In such circumstances, the current employer may initiate the issue of applying to NACP to return their employee's declarations to the public domain before the General Staff.
In turn, in order to return the declarations of the declarant to public access, the initiator must apply to NACP, attaching the lists of declarants in accordance with the same requirements as the request for withdrawal. The letter must be signed by a person authorized to sign the submission, and the letter itself must be certified by the seal of the body. Upon review of the letter, if it meets the above requirements and the persons specified in the letter can be identified, NACP lifts the security measures and returns the declarations to the public domain.
Requests by the declarants themselves, heads of bodies that did not initiate the removal of the declaration from public access, as well as third parties to return the declarations to public access will not be granted by NACP, and the declarations will be returned to public access after the end or lifting of martial law by virtue of the Law.
