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Anti-Corruption Compliance and Electronic Declaration

10 November / 2019

Globus appealed against the actions of the National Agency for the Prevention of Corruption and defended the rights of an official, who, in accordance with the Law of Ukraine “On Prevention of Corruption”, occupies a particularly responsible position.

A client turned to the Firm for legal assistance, regarding the decision of the National Agency for the Prevention of Corruption “On the results of a full audit of the declarations of a person authorized to perform state or local government functions for 2016 and 2017”, which established a violation of the requirements clauses 2, 3, 7 and 8 of the first part of the Article 46 of the Law of Ukraine “On Prevention of Corruption” and on the basis of this, a conclusion was made that there were signs of an offense under the fourth paragraph of the Article 172-6 of the Code of Administrative Offenses .

When examining the case file, our lawyers discovered that the National Agency for the Prevention of Corruption violated the deadlines for conducting a full audit of declarations, since the decision “On conducting a full audit of the declarations of persons authorized to perform state or local government functions for 2016 and 2017” was adopted on June, 29, 2018, and the decision "On the results of a full verification of the declarations of a person authorized to perform the functions of a state or local government for 2016 and 2017" was adopted on March 7, 2019.

The argumentation of the lawyers set out in the administrative lawsuit convinced the court that the contested decisions of the Agency were taken outside the time limit, set for the verification of declarations and therefore should have been discharged.