Draft bill #9587-д of August 7, 2023 

Sponsor: the Law Enforcement Committee of the Verkhovna Rada 

Status: the committee issued the report on reviewing the draft bill 

Who is affected: the National Agency on Corruption Prevention, courts, elected politicians, civil servants, and employees of local self-government bodies (about 800 thousand total) 

Summary of the draft bill: 

  • the NACP will have the authority to introduce special procedural orders regarding the automated review of cases, imposition of fines, and processing and registering of administrative offenses for automatically detected untimely submission of asset declarations 
  • the NACP will review cases of administrative offenses related to automatically detected untimely submission of asset declarations 
  • the participation of prosecution in such cases will no longer be mandatory 
  • to collect evidence in such cases will be the obligation of the NACP 
  • in such cases, if an administrative offense is uncovered and detected automatically, the administrative offense protocol is not drawn up, and the resolution on the case is made without the participation of the liable person 
  • the person held liable for such an offense will have the right: 
    • to review the case materials using the personal account of the Unified State Register of Declarations 
    • to provide explanations, submit evidence, and make requests by submitting them to the personal account of the Unified State Register of Declarations 
    • to use legal assistance from a lawyer or any legal expert 
    • to use the services of an interpreter if they do not speak the language of the proceedings 
    • to appeal the resolution on the case. 
  • the resolution on imposing an administrative fine will have to be sent to the person held liable within three working days via the Unified State Register of Declarations and to the postal address of the person if requested 
  • the person will have the right to appeal the resolution within 10 days after receiving it via the Register or by mail 
  • this law will come into effect the next day after the law on the renewal of asset declarations, which the Verkhovna Rada passed in the first reading on July 27 this year, comes into effect 
  • the procedure that was in effect prior to the entry into effect of the draft bill will still apply to: 
    • administrative offense protocols that were issued but not considered 
    • cases on administrative offenses that are in progress but no resolution has been issued on them yet 
    • cases on administrative offenses, which are under consideration in appeals courts or district, city, or city district courts. 

What is right: the state will be able to promptly react to violations of anti-corruption laws and quickly review cases concerning such offenses. 

Background information: on July 27, 2023, the Verkhovna Rada passed in the first reading a draft bill reinstating the requirement to submit asset declarations for persons authorized to perform the functions of the state or local self-government.