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The NACP appealed to the High Council of Justice with regard to a Poltava judge who decided to close a case because “Based on the CCU’s Decision both criminal and administrative liability for committing acts of corruption were abolished”
The National Agency on Corruption Prevention (NACP) filed a complaint with the High Council of Justice (HCJ) against Valentyn Tomylko, a Poltava Court of Appeal judge, who closed the administrative case on the basis of the decision by the Constitutional Court of Ukraine (CCU) No. 13-r/2020. Thus, on November 6, the Poltava Court of Appeal overturned the decision of the court of first instance and closed the proceedings in the case of late submission of declarations by an individual, based on the CCU’s Decision. “The Court of Appeal considers that the Decision of the Constitutional Court ...
The NACP issued improvement notices to the Head of the OSA and the head of the district council with regard to violation of whistleblower rights
For the first time, the National Agency on Corruption Prevention (the NACP) issued improvement notices to managers of institutions with regard to violation of whistleblower confidentiality rights. Employees of the oblast state administration and the district council disclosed information about whistleblowers to persons whose corrupt actions were mentioned in the reports of these whistleblowers. As the disclosure of such information is a breach of the Law of Ukraine “On Corruption Prevention”, the NACP issued instructions to the heads of the above agencies, requesting an internal investigat...
87 persons were held criminally liable for corruption in October
In October, the National Agency on Corruption Prevention (the NACP) entered data into the Unified State Register on 602 persons who committed corruption or corruption-related offences (Corruptionists’ Register) based on the results of processing 1072 judicial decisions. Thus, the data on 87 persons held criminally liable, 503 persons held administratively liable, 12 persons held disciplinarily liable, have been entered into the register. Some persons were held liable several times. In particular, the following persons were held criminally liable for the month of October: 6 council...
The decision of the CCU actually allows high-ranking officials to commit corruption offences — NACP Head, Novikov
Following the decision of the Constitutional Court of Ukraine (CCU), only ordinary officials may be held liable for corruption offences. This was stated by the Head of the National Agency on Corruption Prevention, Oleksandr Novikov, during the forum “Dialogues on Reforms: on the way to Vilnius”, organized by the Reanimation Package of Reforms Coalition. “Administrative liability for corruption offences need to be reintroduced. Society should understand that now an ordinary official, relatively speaking, - a senior specialist at any Ministry or government agency, is responsible for corruptio...
The court overturned judgement with regard to the former Director of the armor plant accused of declaring false information
On November 19, 2020, the High Anti-Corruption Court (HACC) overturned judgement concerning the former Director of State Enterprise “Lviv Bronetankovyi Zavod” State Enterprise, Roman Tymkiv, who had previously been found guilty of declaring false information. This became possible due to the decision of the Constitutional Court of Ukraine’s (CCU) dated 27.10.2020 No. 13-p/2020 which abolished the responsibility for declaring false data. On May 27th, 2020, the HACC found the official guilty of entering false information into declarations (Article 36-1 of the Criminal Code of Ukraine). Former ...
Administrative liability of top-officials for false declarations also does not apply consequences of the CCU’s decision
The provision on criminal liability of officials for false declarations (Article 366-1 of the Criminal Code) was repealed by the Decision of the Constitutional Court of Ukraine (CCU) dated 27.10.2020 No. 13-p/2020. In fact, however, administrative liability of top-officials for corruption and corruption-related offences was also repealed. Let us explain why it is currently impossible to bring top-officials to administrative liability. What types of liability for corruption are available? Depending on the form and scale of corruption, there are four types of liability: discipl...
Adoption of the draft law No. 4231 will increase transparency in procurements — NACP
The National Agency on Corruption Prevention (the NACP) completed the anti-corruption examination of the draft law No. 4231, and analyzed amendments which the draft law proposes in order to increase transparency of procurements. The main goal of the draft law is to ensure publicizing information by the customers during procurement of repair (construction) services and protection of participants of procurements during appeals in the AMCU. The NACP analyzed contracts for procurement of repair (construction) services publicized by customers in the electronic public procurement system ProZorro...
#corruptionluckies: who benefited from discharging from liability for false declarations
For almost a month now, the Constitutional Court of Ukraine has revoked its responsibility for declaring false data, declaring the relevant article of the Criminal Code unconstitutional. This decision was a gift for those whom the NACP found in violation in the declarations. New names of # corruptionluckies to follow. Serhiy Nikolaichuk, former Deputy Minister of Economic Development, Trade and Agriculture, failed to indicate income from a sale of MinFin securities in the amount of almost 2 million hryvnias and information on financial obligations to the bank for an amount exceeding UAH...
Officials found guilty of committing corruption offences by the court are recalling sentences due to CCU’s decision
The High Anti-Corruption Court of Ukraine (HACC), on the basis of the decision of the Constitutional Court of Ukraine’s (the CCU’s) No.13-р/2020 overturned a sentence against former Judge of the Court of Appeals of Dnipropetrovsk Oblast, Nadiia Posunsia, who in October 2019 was found guilty of deliberate failure to file a declaration. In October 2019, the HACC found Judge Nadiia Posunsia guilty of intentionally failing to file a declaration of a person authorized to perform functions of the state or local government in 2015, 2016, 2017. As a result of the case, the court imposed a fine of UAH...
The draft law on electronic land auctions will reduce the level of corruption in the land market
The draft law No. 2195 that proposes the introduction of e-auctions for sales of land plots in the state and communal ownership will significantly reduce corruption risks in the land market. This is mentioned in the analytical review to the draft law produced by the National Agency on Corruption Prevention (the NACP). The draft Anti-Corruption Strategy for 2020–2024 establishes that free privatization of state and communal lands is the biggest source of corruption in land relations, contrary to purchase of lands at electronic auctions. Thus, in order to ensure transparency of the land m...
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