Draft bill #10262 of November 14, 2023
Cosponsors: the Cabinet of Ministers of Ukraine
Status: sent for review to the Parliamentary Committee on Anti-Corruption Policy
Who is affected: National Agency on Corruption Prevention (NACP) and declarants
Summary:
- the NACP will check the grounds for obtaining property, including real property, acquired by the declarant or their family members before being appointed or elected to a position that requires the submission of asset declarations
- it will be allowed to conduct a repeated full check for items that have already been examined if the NACP receives new information about the item under inspection or if new sources of information become available that were not known or available during the previous full check.
What is right: the NACP will have more tools to conduct a full check of all property that is owned by the declarant or members of their family.
What is wrong: “new sources of information” is a very broad concept. Its loose interpretation may lead to power abuse and pressure on declarants.
Alternative solution: to introduce a clear definition of what constitutes “new sources of information.”
Background information:
On November 8, 2023, the European Commission published a report on Ukraine. Among other things, it recommended lifting the restrictions on the NACP regarding the repeated checks of assets and checks of property acquired by declarants before being appointed to civil service positions. The restrictions should be lifted only to an extent that does not harm national security and state interests while martial law is declared.