On October 11, Law No. 3384-IX "On Amendments to Certain Laws of Ukraine on Determining the Procedure for Submitting Declarations of Persons Authorized to Perform State or Local Government Functions under Martial Law" was officially published in the Golos Ukrainy newspaper.
The document came into force on the day following the day of its publication, except for subparagraph 9 of paragraph 1 of section 1, which comes into force one year after the date of publication of the Law.
The following aspects of the new law should be emphasized.
First of all, it should be noted that part one of Article 1, after paragraph eight, has been supplemented with a paragraph that clearly defines what an official of a legal entity under public law is: "an official of a legal entity of public law is a chairman and a member of the supervisory board, board of directors, executive body, termination commission (reorganization commission, liquidation commission), liquidator, manager, deputy manager, chief accountant, corporate secretary of such a legal entity of public law, as well as a person exercising the powers of the sole executive body and his/her deputies, chairman and members of another management body of the legal entity (except for advisory), if the establishment of such a body is provided for by law or the charter of the legal entity.
It is worth emphasizing that such officials are not subjects of declaration, but they are subject to all the requirements of anti-corruption legislation.
For higher education institutions, the rector and vice-rectors remain subject to declaration.
The declaration for 2021 must be made by January 31, 2024, the declaration for 2022 - by January 31, 2024, and the declaration for 2023 - by March 31, 2024.
Notifications of significant changes in property status and the opening of a foreign currency account for the period from February 24, 2022 to October 12, 2023 are not entered or submitted to the declaration register.
After October 12, 2023, notifications of significant changes in property status must be submitted within 10 days from the date of such changes (significant changes are the acquisition of property or expenditures in an amount exceeding 50 subsistence minimums established for able-bodied persons as of January 2 of the relevant year). This information is entered into the Unified State Register of Declarations of Persons Authorized to Perform State or Local Government Functions (hereinafter referred to as the Register of Declarations).
Notification of the opening of a foreign currency account after October 12, 2023 shall be made within 20 days from the date of opening the account.
Corrections and amendments to previously submitted declarations (declarations submitted from February 24, 2022 to the present), if necessary, must be submitted within 14 days from the date the law enters into force, i.e. by October 25, 2023. Corrections can be made after a written request to the NACP in the period from 12.10.2023 to 25.10.2023.
The register of declarations will be opened for public inspection 60 days after the law enters into force, i.e. on December 12, 2023.
Full verification of declarations and lifestyle monitoring will be resumed. The procedure for verification of declarations has been changed. Logical and arithmetic control has been applied: the information in the declaration is compared with the information in the declarations for previous periods and with the information in electronic registers (during the year, information from electronic registers will be transferred to the relevant sections of the electronic declaration). In accordance with the developed algorithms of logical and arithmetic control, the risk rating will be determined. The order of further full verification of declarations will be determined in accordance with the risk rating.
As of today, more than 3 million declarations are included in the register of declarations. All documents in the register of declarations are stored for 5 years. If necessary, the NACP can be asked to remove declarations from the register of declarations, but only after the expiration of this period and the end of the performance of state and local government functions.
The part of the declaration concerning family members is being finalized. In the future, information about family members will be included in the declaration from the Diia app.
Special checks of declarations for persons applying for positions of responsibility or particularly responsible positions and positions with a high risk of corruption have been resumed.
