In the Memorandum with the IMF, released on March 31, which defines the conditions for Ukraine to receive the largest loan that the Fund has ever issued to a country in a state of high-intensity war ($15.6 billion), Ukraine undertook to fulfill a number of requirements, among which is the restoration of mandatory declaration of wealth of officials. It is about the restoration of mandatory declaration, which was stopped at the beginning of the full-scale invasion of Russia, and about the restoration of the function of NACP to verify declarations. According to the document, the corresponding law should be adopted by the end of July 2023.
It is assumed that the restoration of the obligation of electronic declaration during martial law will affect civil servants who are not mobilized and do not take direct part in hostilities. The memorandum includes an obligation to ensure, by the end of October, the automation of entering information into declarations from other state registers and databases for transparent and simplified declaration during the period of martial law.
It is also noted that consultations with interested parties will be held in the future to explore the possibility of publicizing, during martial law, summary information on the assets and liabilities of officials who hold positions of increased and particularly high responsibility under the Law "On Prevention of Corruption". This is necessary to achieve a balance between the need for transparency and the protection of personal safety. National Anti-Corruption Bureau of Ukraine (NABU) and Specialized Anti-Corruption Prosecutor's Office (SAPO) will be given full, direct and confidential access to the submitted declarations, which will contribute to the investigation of corruption, bribery and illegal enrichment. After the lifting of martial law, the declaration will be fully restored, including the renewed requirement for disclosure of information by all civil servants, as well as verification of assets based on risk assessment according to the data specified in the declaration and public access to all declarations.
"The National Agency on Corruption Prevention has long insisted on the restoration of declarations and checks, while at the same time believing that until the end of martial law, sensitive information from the register of declarations should still be closed to public access. Draft law No. 8071 on the restoration of mandatory declaration has been waiting for consideration in the Verkhovna Rada for almost 8 months, but people's deputies have not yet been in a hurry to adopt it. This draft law takes into account the peculiarities of wartime conditions, and there is no danger for the declarants. Now the declaration is voluntary, and more than 350,000 public servants have already submitted declarations for 2021 by their own choice. The restoration of the obligation to declare is critically necessary, because a significant part of the declarants still has not submitted a declaration even for 2021, not to mention 2022. There are risks of concealing wealth during martial law, including misappropriation of funds aimed at reconstruction or humanitarian aid, as well as the expiration of the terms of prosecution for unreliable declarations for 2021", - said Deputy Head of the NACP Andrii Vyshnevskyi.According to him, attention should be paid to three important points. First, the IMF report talks about reducing corruption risks, that is, primarily about preventing corruption, and not just about bringing corrupt officials to justice. Secondly, about the need for effective prevention of corruption already now, during martial law, and not after its end or cancellation. Thirdly, it is emphasized that the confidence of donors in the future recovery depends on the level of independence and effectiveness of anti-corruption institutions. And this means that without effective prevention of corruption, Ukraine's access to the resources necessary for recovery may be complicated. And although the general dynamic of voluntary declaration is improving, top officials and MPs’ are in no hurry to do so. Therefore, the NACP fully supports the obligations laid down in the Memorandum with the IMF and, for its part, is fully ready to renew declarations and inspections. Regarding the simplification of the declaration and the use of linked databases and registers for the submission of the declaration, this is already being done. At the end of December, declarants had the opportunity to find out almost everything they needed about their assets: the NACP updated the "Data for declaration" function and added information about income. Information that is automatically downloaded from the State Ship Register of Ukraine and the Ship Book of Ukraine was recently added to the "Data for declaration" - regarding water vehicles; State Register of Civil Aircraft of Ukraine — regarding aircraft. A month ago, information on corporate rights, beneficiary status, pension and social benefits was added. The declarants also received clarification from the NACP on how to declare their place of residence during the war.
