The NACP Head addressed the Prosecutor General and the Chairman of the Supreme Court: courts unjustifiably close cases of conflict of interest
The Decision of the Constitutional Court of Ukraine (CCU) No. 13-r/2020 deprived the National Agency on Corruption Prevention (NACP) of the opportunity to issue administrative protocols related to conflicts of interest. However, the Articles of the Code of Ukraine on Administrative Offenses, which provide for liability for such offenses, remain in force.
Despite this, some courts began to close cases of conflict of interest on the basis of the CCU’s Decision.
In the letters, he asked to bring the following information to the attention of judges and prosecutors.
“The protocols issued in compliance with Articles 254-257 of the Code of Ukraine on Administrative Offenses by officials of the National Agency duly authorized by the Order of the Head of the National Agency/Decision of the National Agency in accordance with the provisions of Part 1 of Art. 13 of the Law [of Ukraine on Prevention of Corruption], are appropriate and admissible evidence [in court cases],” the NACP Head stated in the letters.
What is the case?
Currently, courts are considering cases of administrative offenses under 130 NACP protocols issued in compliance with the following Articles of the Code of Ukraine on Administrative Offenses: 172-4 (violation of restrictions on secondary jobs and engagement in other activities), 172-5 (violation of statutory restrictions on receiving gifts), 172-7 (violation of requirements for the prevention and resolution of conflicts of interest).
Among these protocols, 16 were issued against MPs of Ukraine, 11 – against high-ranking officials (member of the Central Election Commission, Deputy Ministers, Chairman and Deputy Chairman of the State Architectural and Construction Inspectorate of Ukraine).
The Decision of the CCU No. 13-r/2020 did not declare unconstitutional the provisions of the Law of Ukraine on Prevention of Corruption the violation of which is the basis for administrative liability under these Articles.
Nevertheless, to date, the NACP recorded several instances of closing these cases, even without clarifying the circumstances of the offense.
The letter from Oleksandr Novikov, NACP Head, to Iryna Venediktova, Prosecutor General of Ukraine