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Law of ukraine on Fight with Corruption




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LAW OF UKRAINE


On Fight with Corruption


(Changed and amended according to Law of Ukraine

#171/97 of April 3, 1997

#85/98 of February 5, 1998

#460-XIV of March 2, 1999

#622-XIV of May 5, 1999)


This Law determines the legal and institutional arrangements for avoidance of corruption and for its detection and prevention, as well as for ascertaining the lawful rights and interests of the wronged individuals and legal entities, and for the remedy of harmful consequences of corruption.


The corruption control activities will be based on a clear legal provisions for activities of the state administration bodies, services and persons authorized to act on behalf of the government, and on the guarantees for the lawful rights and interests of individuals and legal entities.


Section 1. GENERAL PROVISIONS


Article 1. Determination of Corruption and Corruptive Actions


Corruption, as referred to in the present Law, means the criminal actions of persons authorized to act on behalf of the government, that are intended for use of the powers they are invested with for acquiring material values, services, privileges or other benefits.


The following actions are recognised as the corruptive ones:


(a) illegal acquisition by a person authorized to act on behalf of the government, in connection with exercising the authority, of material values, services, privileges or other benefits, including the receiving or accepting things (services) by means of their purchase at a price (or tariff) that is clearly lower than their actual values (in effect);


(b) receiving by a person authorized to act on behalf of the government, of credits or loans, or purchasing securities, immovables or other property, with making use of preferences or privileges beyond the ones determined by the legislation in effect.


A gift (or a reward) accepted by the above-mentioned persons in the circumstances foreseen in item (a) of the second para of this Article, including the one acquired without their consent, as well as values of the illegally provided services, are subject to alienation (withholding) to the budget of the government.


^ Article 2. Subject of corruptive actions and other infringements

of law, connected with corruption


The following persons authorized to act on behalf of the government, will bear amenability in accordance with the present Law, for corruptive actions and other infringements of law, connected with corruption:


(a) civil service officers;

(b) people’s deputies of Ukraine, people’s deputies of the Autonomous Republic of Crimea, deputies and heads of rural, city, district, oblast Councils.

(Section (b), Article 2 in the wording of Law of Ukraine #171/97 of March 4, 1997)


Article 3. Limits for the Law Application


The subjects specified in Article 2 to the present Law will bear administrative and disciplinary responsibility in accordance with the present Law, for corruptive actions and other infringements of law, connected with corruption. All matters pertinent to criminal, civil, or material liability for corruptive actions and other infringements of law, connected with corruption, shall be settled in accordance with the legislation in effect.


Military servicemen and other persons subject to responsibility for administrative infringements of law in accordance with the disciplinary statutes, if they have committed corruptive actions or other infringements of law, connected with corruption, shall be taken legal steps against as stipulated by the present Law.


^ Article 4. Bodies Empowered to Control Corruption


Relevant divisions of the following bodies are empowered to control corruption:


(a) Ministry of Home Affairs of Ukraine,

(a1) Tax Militia

(Section (a1) added to Article 4 according to Law of Ukraine #85/98 of February 5, 1998)

(b) State Security Service of Ukraine,

(c) offices of Public Prosecutor of Ukraine,

and other bodies and divisions created with the purpose of corruption control, in accordance with the legislation in effect.


^ Section II. CORRUPTION PREVENTION


Article 5. Special restrictions applied to the civil officers and other

persons authorized to act on behalf of the government, intended for

corruption prevention


An officer on the civil service or another person authorized to act on behalf of the government, has no right:


(a) to make favor to individuals and legal entities through using his occupational powers, in their business activities, or through provision of subsidies, donations, credits or privileges with an intent of illegal acquisition of material values, services, privileges, or other benefits;


(b) to be involved in business activities directly or through mediators, or substitutes, or to act in as an agent to third parties in affairs of the state body he is engaged in, as well as to work on a part-time basis (save for research, pedagogic and creative activities, as well as medical practice);


(c) to enter independently (except in cases when a civil servant is entitled to manage shares belonging to the state and represents its interests on the company board (supervisory board) or auditing committee of a given business partnersip, or through his representatives or substitutes, to management boards or other executive bodies of enterprises, or credit/financial institutions, or economic associations and organizations, or unions, or corporations, or partnerships that are involved in business activities;

(Item (c), Section 1, Article 5 changed and amended according to Law of Ukraine #622-XIV of May 5, 1999).


(d) to refuse providing to individuals and legal entities an information thereof to be provided as prescribed by legal regulations, or to intentionally hamper the information provision, or to provide it in a deficient or incorrect form.


Restrictions provided in items (b) and (c) hereinbefore shall not apply to deputies of rural, city, district, oblast Councils who combine a deputy’s office with other professional activities.

(Paragraph 2 added to Article 5 according to Law of Ukraine #171/97 of March 4, 1997)

A civil service officer that holds an official position, also has no right:


(a) to make favor to individuals and legal entities through using his occupational powers, in their foreign economic activities, or credit/banking activities, or in other undertakings, with an intent of illegal acquisition of material values, services, privileges, or other benefits;


(b) to illegally interfere, through using his occupational powers, in activities of other civil bodies or civil officers with an intent of causing impediments in exercising their powers;


(c) to act as an agent to the third party in affairs of the civil body under his control;


(d) to provide illegal preferences to individuals or legal entities in the course of preparation and approval of regulatory enactments or decisions.


Candidates to the positions within the civil service or to other responsibilities on behalf of the government, will be informed on the restrictions applied to the positions/responsibilities.


^ Article 6. Financial Control


Income declarations of the people authorized to act on behalf of the government will be issued in accordance with the terms and conditions specified in Article 13 of the Law of Ukraine “On the Civil Service”.


Once a foreign currency account is opened in the foreign bank by a civil officer or other person authorized to act on behalf of the government, the person shall within ten days inform the Tax Inspection on the fact, with the number of account and location of the foreign bank being indicated in the information.


Data on incomes, securities, real and valuable movable property, valuables and bank accounts of the civil officers listed in section 1 of Article 9 of the Law of Ukraine “On the Civil Service”, as well as the same data for their families are to be published each year in the official editions of the civil bodies of Ukraine. Prior to elections or appointment of a candidate to the relevant positions, the data must be submitted to the body or the officer in charge of the elections or appointment to these positions.

(Paragraph 3, Article 6 changed and amended according to Law of Ukraine #171/97 of March 4, 1997)


Section III. AMENABILITY FOR CORRUPTIVE ACTIONS AND OTHER

^ INFRINGEMENTS OF LAW, CONNECTED WITH CORRUPTION


Article 7. Amenability for Corruptive Actions


Any corruptive actions thereof specified in Article 1 of the present Law, committed by a person authorized to act on behalf of the government, unless the actions are recognised a subject to criminal amenability, shall entail an administrative responsibility in the form of penalty of twenty five to fifty non-taxed minimum incomes, followed by the dismissal from the occupation, or by another form of release from the official duties. It is prohibited for such persons to hold any positions in the civil bodies and services during three years after the dismissal.


Commitment of any criminal actions thereof specified by the present Law, by a people’s deputy of Ukraine, or by a deputy of the Supreme Council of the Autonomous Republic of Crimea, or by a deputy or head of the local Council of the People’s Deputies, shall entail an administrative responsibility in the form of penalty of twenty five to fifty non-taxed minimum incomes, followed by the termination of his deputy authority, or removal from his elected office. Decisions on approval of taking legal steps against these people in the form of administrative amenability for corruptive actions, or/and on termination of the deputy authority or removal from the elected office, will be arrived at by the relevant Council at a regular session. A procedure for taking legal steps against the people’s deputy of Ukraine in this case shall be determined based on the Law of Ukraine “On the Status of a People’s Deputy of Ukraine”. It is prohibited for these people to take part in elections to deputies, or to elected positions in the civil bodies during five years after their deputy offices are terminated, or they are released from the positions, as well as to hold positions in civil bodies and services during three years after their deputy offices are terminated, or they are released from the positions.

(Paragraph 2, Article 7 changed and amended according to Law of Ukraine #171/97 of March 4, 1997)


Note. In the context of the present Law, the “another form of release from the official duties” means the termination of the deputy office or the removal from the elected position, as well as the release from the military service of a military officer (save for the military servicemen at active service).


^ Article 8. Amenability for Infringement of Special Restrictions Applied to

Persons Authorized to Act on Behalf of the Government


Infringement by a person authorized to act on behalf of the government, of any of the restrictions referred to in Article 5 of the present Law, unless they are considered a subject to criminal amenability, shall entail an administrative responsibility in the form of penalty of fifteen to twenty five non-taxed minimum incomes.


Repeat infringement within one year of any of the restrictions mentioned in Article 5 of the present Law shall entail an administrative responsibility in the form of penalty of twenty five to fifty non-taxed minimum incomes, followed by the dismissal from the occupation, or by another form of release from the official duties.


^ Article 9. Responsibility for Infringement of Requirements

of the Financial Control Bodies


Infringement by a person authorized to act on behalf of the government, of any of the requirements to income declaration (non-submission or submission of incorrect or deficient information on incomes and financial liabilities) will entail an administrative responsibility in the form of penalty of fifteen to twenty five non-taxed minimum incomes, followed by dismissal from the occupation, or by another form of release from the official duties, as well as is recognised a reason for refusal of designation on an official position or of a right to take part in elections to deputies or to occupy other elected positions within the civil bodies.


Non-submission or undue submission by a civil officer or by another person authorized to act on behalf of the government, of a note on opening foreign currency account in the foreign bank, will entail an administrative responsibility in the form of penalty of fifteen to twenty five non-taxed minimum incomes, followed by dismissal from the occupation, or by another form of release from the official duties.


^ Article 10. Amenability of Leading Officers for Inhibiting

Measures to Prevent Corruption


In case of revealing or receiving an information on corruptive actions or infringements of special restrictions listed in Article 5 of the present Law, the leading officers of ministries and departments, state-owned enterprises, institutions and organizations and their structural units, must take steps within their scope of authority in order to prevent the actions and immediately inform one of the civil bodies specified in items (a) and (b) of Article 4 of the present Law.


Intentional inhibiting by the leading officers of measures stipulated in first para of the present Article, will entail an administrative responsibility in the form of penalty of twenty five to fifty non-taxed minimum incomes.


Repeat occurrence within one year of the same action as referred to in the second para to the present Article will entail an administrative responsibility in the form of penalty of twenty five to fifty non-taxed minimum incomes, followed by the dismissal from the occupation, or by another form of release from the official duties.


^ Article 11. Responsibility for Intentional Non-Fulfilment of Official Duties

to Control Corruption


Intentional non-issue or undue issue of a record of revealed corruptive action or another illegal action connected with corruption, provided that there are grounds for that, or intentional non-submission in court of the record of the revealed corruptive action or another illegal action connected with corruption, by a person in charge of this official duty, will entail an administrative responsibility in the form of penalty of fifty to one hundred non-taxed minimum incomes, followed by the dismissal from the occupation, or by another form of release from the official duties.


^ Article 12. Grounds and Terms of the Administrative Proceedings in Cases of Corruption Actions or Other Infringements of Law Connected with Corruption


Terms of the administrative proceedings in cases of corruption actions or other infringements of law connected with corruption, as well as fulfilment of regulations on application of the administrative penalties is specified in the Administrative Infringements Code of Ukraine, save for the provisions to the present Law.


A record of revealed corruptive action or another illegal action connected with corruption will be made by the bodies specified in items (a) and (b) of Article 4 of the present Law; in case when the fact of corruptive action or another illegal action connected with corruption - unless it is recognised a subject to criminal amenability - is revealed by the prosecutor’s inspection or by the preliminary investigation, the record may be made additionally by the prosecutor or investigator.


Grounds for issuing the record are provided by sufficient data pointing to the fact that features of corruption or another illegal action connected with corruption are recognised in the actions of the person under consideration.


In case of refusal of initiating criminal proceedings due to the reasons foreseen by the legislation in effect, provided that features of corruption or another illegal action connected with corruption are recognised in the actions of the person under consideration, the investigating body must forward within three days the materials of the inspection or the preliminary investigation pertinent to the corruptive action or another illegal action connected with corruption, to the body specified in items (a) and (b) of the first para of Article 4 to the present Law.


Record of the corruptive action or another illegal action connected with corruption, together with the materials of the inspection, must within three days after it is issued be forwarded to the district (city) court of the same location as the body that issued the record. Administrative proceedings in cases of corruption actions or other illegal actions connected with corruption shall take place in the district (city) court within five days after the record is received.


Court decision on administrative withholding in the form of penalty for corruption action or another illegal action connected with corruption, must within three days be forwarded to the relevant civil or elected body for taking steps for dismissal of the person from the occupation, or for another form of release from the official duties, in accordance with the legislation in effect.


Section IV. MEASURES TO REMEDY CONSEQUENCES OF CORRUPTION

^ AND OTHER INFRINGEMENTS OF LAW, CONNECTED WITH CORRUPTION


Article 13. Remuneration of Losses


Losses incurred by the government, enterprise, institution or organization due to illegal use of premises, transport vehicles, communication facilities and/or other state-owned property or assets, are subject to remuneration by the guilty persons authorized to act on behalf of the government, on usually applied terms and conditions of material responsibility of employees and military servicemen.


Unless the person authorized to act on behalf of the government voluntary agrees to repay the illegally received credits, loans, securities, immovables and other property, these items or their values are subject to alienation (withholding) to the state budget in due course of law, upon a claim of public prosecutor.


Acquisition of subsidies, donations, credits and privileges through the actions specified in item (a) of the first para of Article 5 to the present Law, will result in declaring the operation invalid, followed by the steps determined by the Civil Code of Ukraine.


^ Article 14. Cancellation of the Illegal Regulatory Provisions

and Decisions Approved due to Corruptive Actions


The regulatory provisions and decisions approved due to corruptive actions are subject to cancellation by the body or the officer empowered to approve or cancel the relevant provisions and decisions, or the latter are recognised illegal in due course of law.


^ Article 15. Redemption of Rights and Compensation of Losses

of Individuals and Legal Entities


The individuals and legal entities which rights were infringed due to corruption, or who suffered moral or material losses, are entitled to redemption of their rights and recovery of losses, in accordance with the legally specified procedures.


^ Section V. CONTROL AND SUPERVISION OF OBSERVATION

OF THE LAWS ON CORRUPTION CONTROL


Article 16. Control of the Laws Observation in the Field

of Corruption Control


Control of fulfilment of laws in the field of corruption control will be directly exercised by the Supreme Council of Ukraine, as well as by the Supreme Council's Committee for Legal Support of Law Enforcement Activities and Fight with Organised Crime and Corruption.

(Article 16 changed and amended according to Law of Ukraine #460-XIV of March 2, 1999)

Article 17. Prosecutor’s Supervision



Supervision of fulfilment of laws in the field of corruption control will be exercised by the General Prosecutor of Ukraine and by the prosecutor’s offices authorised by the latter.


Leonid KUCHMA,

President of Ukraine

October 5, 1996

#356/95




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