In case of non-compliance with the requirements regarding the prevention and settlement of conflicts of interest, as well as other restrictions aimed at preventing corruption, a person may bear, in particular, administrative and disciplinary liability.
Administrative liability is provided for violating specific requirements regarding the prevention and settlement of conflicts of interest (Article 1727 of the Code of Administrative Offenses of Ukraine - CAOU):
◽️ if a person failed to report the presence of an actual conflict of interest in cases specified by law and in accordance with the established procedure — a fine from 1,700 to 3,400 UAH (Part 1 of Article 1727 of the CAOU);
◽️ taking actions or making decisions in the presence of an actual conflict of interest — a fine from 3,400 to 6,800 UAH (Part 2 of Article 1727 of the CAOU);
◽️ any of the above violations committed by a person who, within a year, has already been subjected to an administrative penalty for a similar offense — a fine from 6,800 to 13,600 UAH with the deprivation of the right to hold certain positions or engage in certain activities for a period of one year (Part 3 of Article 1727 of the CAOU).
Disciplinary liability is provided for:
🔹 evading notification to the supervisor about the presence of a potential conflict of interest;
🔹 inaction of the supervisor in settling a subordinate's conflict of interest;
🔹 failure to transfer corporate rights into management, violation of the deadlines for doing so, untimely notification or failure to notify the NACP, as well as failure to provide a notarized copy of the contract for such transfer.
Persons performing the functions of the state or local self-government, as well as those equated to them, are obliged to:
✔ take measures to settle an actual or potential conflict of interest;
✔ refrain from taking actions and making decisions in conditions of an actual conflict of interest;
✔ take measures to prevent the emergence of an actual or potential conflict of interest;
✔ notify, no later than the next working day from the moment the person learned or should have learned about the presence of an actual or potential conflict of interest, their immediate supervisor, or, if the position does not involve an immediate supervisor, or in a collegial body — the National Agency on Corruption Prevention or another body defined by law or the collegial body during the execution of powers in which the conflict of interest arose, respectively.
On the prevention and settlement of conflicts of interest: https://t1p.de/ktie8.
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