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The NACP 2.0: prevention of conflicts of interest among top officials, identification of collaborators and new IT tools

18.01.2023
The NACP 2.0: prevention of conflicts of interest among top officials, identification of collaborators and new IT tools
Conflict of interest is a component of every corruption crime.Therefore, the National Agency on Corruption Prevention (NACP) continues to actively prevent conflicts of interest among officials.  A conflict of interest that was prevented is not a committed crime.  For example, just last year, the NACP monitored the existence of a conflict of interest in 438 officials, in particular, in the activities of 55 officials of Regional Military Administrations when booking conscripts and granting them permission to travel abroad. What are the key achievements in this direction in 2022?
  • 7 criminal proceedings were initiated based on the substantiated conclusions of the NACP on the detection of corruption offenses;
  •  Compiled 72 administrative protocols on conflict of interest and violation of anti-corruption restrictions;
  •  We prevented the violation of anti-corruption restrictions in connection with the possible appointment of the deputy Minister of Energy of Ukraine to the position of head of LLC "Operator of the gas transport system", as well as the appointment of the former Minister of Community and Territorial Development of Ukraine as the chairman of the board of NJSC "Naftogaz of Ukraine";
  •  As a result, the status of a legal entity under public law was returned to NJSC "Naftogaz of Ukraine", whose officials are now subject to most of the requirements of the Law "On Prevention of Corruption".
"During the year, we made significant progress in improving the process of identifying conflicts of interest by officials.  For this purpose, we have prepared updated clarifications on conflicts of interest, where there are real cases from which you can learn how to identify violations.  In addition, we have developed a special test that will help establish the presence or absence of a conflict of interest.  All this is primarily aimed at facilitating the officials' understanding of the main anti-corruption restrictions.  There are still many projects ahead that will help public servants to deal with this topic", — said Oleksandr Shulga, head of the Department for the Prevention of Conflict of Interest.
In addition, last yar, NACP created a special quiz, with the help of which everyone can get an answer to the question of whether he has a conflict of interest. Methodological recommendations on the application of certain provisions of the Law of Ukraine "On the Prevention of Corruption" regarding the prevention and settlement of conflicts of interest, compliance with restrictions on the prevention of corruption have been updated.  The new guidelines contain legal positions on situations where officials most often request clarification.  Separate clarifications have also been prepared on the most problematic issues regarding compliance with restrictions on cooperation with other types of activities under martial law conditions. Examples of identifying conflicts of interest
  • The mayor, in the conditions of a real conflict of interests, which he did not report at the council session, voted to grant a plot of land to a legal entity that financed his election campaign;
  • The mayor ordered the driver, who provides transportation services for him as mayor, to take his wife's Tesla Model X car abroad;
  • the MP appealed to the State Service of Ukraine for Emergency Situations, the Odesa Mayor and the State Service of Ukraine for Food Safety and Consumer Protection with parliamentary appeals to conduct unscheduled inspections of public catering establishments in Odessa.  The reason is the desire to take revenge on this institution for the refusal of service.
In 2022, among other things, the NACP began work on finding collaborators as persons acting in conditions of conflict of interests, according to the results of which:
  • The Security Service of Ukraine has been given data on 3,708 people who may be involved in collaborative activities and treason;
  • The bodies of the pre-trial investigation were notified of the commission of crimes by 139 persons involved in collaborative activities.

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