In the event of non-compliance with the requirements for preventing and settling conflicts of interest, as well as other anti-corruption restrictions, a person may bear, in particular, administrative and disciplinary liability.
Administrative liability is предусмотрена for violations of certain requirements regarding the prevention and settlement of conflicts of interest (Article 172-7 of the Code of Ukraine on Administrative Offenses):
◽️ failure to report the existence of a real conflict of interest in cases and in the manner prescribed by law — a fine ranging from UAH 1,700 to UAH 3,400 (Part 1 of Article 172-7 of the Code of Ukraine on Administrative Offenses);
◽️ taking actions or making decisions in the presence of a real conflict of interest — a fine ranging from UAH 3,400 to UAH 6,800 (Part 2 of Article 172-7 of the Code of Ukraine on Administrative Offenses);
◽️ any of the above violations committed by a person who, within one year, has already been subjected to an administrative penalty for a similar offense — a fine ranging from UAH 6,800 to UAH 13,600 with deprivation of the right to hold certain positions or engage in certain activities for a period of one year (Part 3 of Article 172-7 of the Code of Ukraine on Administrative Offenses).
Disciplinary liability is provided for:
🔹 failure to notify a supervisor about the existence of a potential conflict of interest;
🔹 inaction by a supervisor regarding the settlement of a subordinate’s conflict of interest;
🔹 failure to transfer corporate rights into management, violation of the deadlines for such transfer, untimely or absent notification to the National Agency on Corruption Prevention (NACP), as well as failure to provide a notarized copy of the agreement on such transfer.
Persons performing functions of the state or local self-government, as well as persons equated to them, are obliged to:
✔️ take measures to settle a real or potential conflict of interest;
✔️ refrain from taking actions or making decisions in conditions of a real conflict of interest;
✔️ take measures to prevent the emergence of a real or potential conflict of interest;
✔️ notify, no later than the next working day from the moment the person became or should have become aware of the existence of a real or potential conflict of interest, their immediate supervisor, and in cases where the position does not предусматривает the presence of an immediate supervisor, or if the person is a member of a collegial body — notify the National Agency on Corruption Prevention or another body or collegial authority defined by law during the exercise of powers in which the conflict of interest arose.
More information on the prevention and settlement of conflicts of interest: https://t1p.de/ktie8.
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