Law on restoration of declaration with Zelenskyy's proposals reduces number of declarants by 50,000 - NACP

The National Agency on Corruption Prevention (NACP) notes that the law on the restoration of declarations, taking into account the proposals of President Volodymyr Zelenskyy, provides for a decrease in the number of declarants by 50,000 people. This is stated in the message of the NACP, Ukrainian News Agency reports.

"The NACP supports the restoration of declaration and the position expressed by the President of Ukraine regarding ensuring the openness of public servants' declarations. At the same time, having worked out the provisions of the Law, as well as the proposals provided by the President, the National Agency draws attention to the risks contained in the provisions of the document," the message reads.

In particular, the NACP notes that the adoption of the law, taking into account Zelenskyy's proposals, provides that the number of declarants will decrease by approximately 50,000 people to 750,000.

The notification states that amendments to Article 1 of the Law "On Prevention of Corruption" and the definition of the term "official of a legal entity under public law" does not take into account persons who hold the positions of heads of structural, including separate subdivisions of legal entities under public law, their deputies, the Law will not apply to them at all, at the same time, there is a wide range of corruption risks in the activities of such persons - it is the managers of various levels of state enterprises and institutions who are the objects of constant high-profile investigations by the National Anti-Corruption Bureau (NACB).

The NACP also notes that the law, in addition to the obligation to open declarations, also defines the possibility of removing the declaration from public access. Thus, the NACP will be able to remove declarations from open access based on a written submission by the head (deputy head) of the state body in which the declarant serves or works.

At the same time, the issue of removing the declarations of persons who do not have managers, dismissed employees, as well as the possibility of removing the declaration at the initiative of the declarant himself, has not been settled at all.

"Such an approach discriminates against declarants and can expose them and their families to danger," the National Agency emphasizes.

In addition, the NACP notes that a number of proposed amendments cause additional difficulties when filling out the declaration and understanding all aspects. This applies, for example, to amendments that eliminate the need to declare account numbers, but actually left the need to declare persons who have the right to dispose of accounts and persons who opened accounts in the name of the declarant.

In order to eliminate the mentioned risks, the NACP developed proposals for amendments to the Law "On Prevention of Corruption" and sent a corresponding letter to the President regarding his initiation of these amendments.

As Ukrainian News Agency earlier reported, on September 5, the Verkhovna Rada resumed electronic declarations, but postponed access to their review for a year.

Zelenskyy vetoed a law that postponed the opening of public access to declarations for a year and suggested that the Verkhovna Rada ensure access to declarations no later than 60 days after the law comes into force.

The NACP previously also called on Zelenskyy to veto the law adopted by the Verkhovna Rada on September 5 "On Amendments to the Code of Ukraine on Administrative Offenses and Other Laws of Ukraine on Improving the Procedure for Prosecuting Persons Authorized to Perform the Functions of the State or Local Self-Government" (No. 9587-D), which allows officials to avoid liability for non-declaration of property up to UAH 1.3 million.

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