LAW OF UKRAINE

of October 14, 2014 No. 1700-VII

About prevention of corruption

This Law determines legal and organizational basis of functioning of system of prevention of corruption in Ukraine, content and procedure for use of preventive anti-corruption mechanisms, rules by elimination of effects of corruption offenses.

Section I General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

anti-corruption examination - activities for identification in regulatory legal acts, drafts of regulatory legal acts of provisions which independently or in combination with other regulations can promote making of the corruption offenses or offenses connected with corruption;

direct subordination - the relations of direct organizational or legal dependence of subordinate person on his head, including through the solution (participation in the decision) of questions of acceptance for work, dismissals from work, applications of encouragement, authority punishments, provisions of instructions, orders, etc., control of their execution;

close persons - members of the family of the subject specified in part one of article 3 of this Law, and also the husband, the wife, the father, mother, the stepfather, the stepmother, the son, the daughter, the stepson, the stepdaughter, native and cousin brothers, native and cousin sisters, the brother and the sister of the wife (husband), the nephew, the niece, the native uncle, the native aunt, the grandfather, the woman, the great-grandfather, the great-grandmother, the grandson, the granddaughter, the great-grandson, the great-granddaughter, the son-in-law, the daughter-in-law, the father-in-law, the mother-in-law, the father-in-law, the mother-in-law, the father and mother of the wife (husband) of the son (daughter), the adoptive father or adopted, the guardian or the custodian, person which is under guardianship or custody of the specified subject;

state body - public authority, including collegiate state body, other subject of the public law, irrespective of availability of the status of the legal entity to which according to the legislation powers are conferred to perform imperious managerial functions which jurisdiction extends to all territory of Ukraine or separate administrative and territorial unit on behalf of the state;

corruption offense - the act containing corruption signs, which is commited by person the law specified in part one of article 3 of this Law, for which establishes criminal, disciplinary and/or civil liability;

corruption - use by person specified in part one of article 3 of this Law, the office powers or the related opportunities conferred to it for the purpose of receipt of illegal benefit or acceptance of such benefit or adoption of the promise/offer of such benefit for himself either other persons or respectively the promise/offer or provision of illegal benefit to person specified in part one of article 3 of this Law or according to its requirement to other physical persons or legal entities with the purpose to incline this person to illegal use of the office powers or the related opportunities conferred to it;

illegal benefit - money or other property, benefits, privileges, services, intangible assets, any other benefits of intangible or non-cash nature which promise offer, provide or receive without the bases, legal on that;

the official of the legal entity of the public right chairman and the member of the supervisory board, the board of directors, executive body, commission on the termination (the commission on reorganization, liquidation commission), the liquidator, the head, the deputy manager, the chief accountant, the corporate secretary of such legal entity of the public law, and also person performing powers of sole executive body and his deputies, the chairman and members of other governing body of the legal entity (except advisory) if formation of such body is provided by the law or the charter of the legal entity of the public law;

potential conflict of interest - availability at person of private interest in the field of in which it carries out the office or representative powers that can affect objectivity or impartiality of adoption of decisions by it, or making or non-execution of actions in case of accomplishment of the specified powers;

gift - money or other property, benefits, privileges, services, intangible assets which provide/receive free of charge or at the price below the minimum market;

the offense connected with corruption - act which does not contain corruption signs, but violates the requirements established by this Law, prohibitions and restrictions, commited by person, the law specified in part one of article 3 of this Law, for which establishes criminal, administrative, disciplinary and/or civil liability;

private interest - any valuable or non-property interest of person including caused by personal, family, friendly or other off-duty relations with physical persons or legal entities, including those which arise in connection with membership or activities in public, political, religious or other organizations;

real conflict of interest - contradiction between private interest of person and its office or representative powers that influences objectivity or impartiality of decision making, or making or non-execution of actions in case of accomplishment of the specified powers;

specially authorized subjects in the field of anti-corruption - bodies of prosecutor's office, National police, National anti-corruption bureau of Ukraine, the National agency for the prevention of corruption;

the subjects of declaring face specified in Item 1, subitems "a", "v" - """ Item 2, item 4 of part one of article 3 of this Law, other persons who shall submit the declaration according to this Law;

family members:

a) person who is married to the subject specified in part one of article 3 of this Law and children of the specified subject before achievement of age of majority by them - irrespective of cohabitation with the subject;

b) any persons who jointly live are connected by general life, have the mutual rights and obligations with the subject specified in part one of article 3 of this Law (except persons whose mutual rights and obligations have no nature of family), including persons who jointly live, but are not in scrap;

elected persons - the President of Ukraine, People's Deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils, rural, settlement, city chairmen;

the exposer - physical person which with belief that information is reliable, reported about the possible facts of the corruption or connected with corruption offenses, other violations of this Law made by other person if such information became known to it in connection with its labor, professional, economic, public, scientific activity, passing by it of service or study or its participation in stipulated by the legislation procedures which are obligatory to start such activities, service or training;

internal channels of the message on the possible facts of the corruption or connected with corruption offenses, other violations of this Law - methods protected (including anonymous) reporting of information by the exposer to the head or authorized division (face) of body, the legal entity for which the unmasker works, serves either study or which custom-makes work, and also to body of the highest level which authorized person exercises control of observance of the anti-corruption legislation at jurisdictional enterprises, in organizations and the organizations;

external channels of the message on the possible facts of the corruption or connected with corruption offenses, other violations of this Law - information means of communication the exposer through physical persons or legal entity, including through media, journalists, public associations, labor unions, etc.;

regular channels of the message on the possible facts of the corruption or connected with corruption offenses - methods protected (including anonymous) reporting of information by the exposer to bodies of prosecutor's office, National police, National anti-corruption bureau of Ukraine, the state bureau of investigations, the National agency concerning prevention of corruption.

Article 2. The legislation in the field of prevention of corruption

1. The relations arising in the field of prevention of corruption are regulated by the Constitution of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, it and other laws, and also other regulatory legal acts adopted on their accomplishment.

2. If regulations of this law or other acts of the legislation in the field of prevention of corruption allow ambiguous (multiple) interpretation of regulations concerning the rights and obligations of persons to whom operation of this law extends interpretation of regulation, optimum for such persons, is applied.

Article 3. Subjects to whom operation of this Law extends

1. Subjects to whom extend operation of this Law are:

1) persons authorized on accomplishment of functions of the state or local self-government:

a) The president of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, his First deputy and the deputy, the Prime Minister of Ukraine, the First vice-Prime Minister of Ukraine, vice-Prime Ministers of Ukraine, ministers, other heads of the central executive bodies which are not part of the Cabinet of Ministers of Ukraine, and their deputies, the Chairman of the Security Service of Ukraine, the Attorney-General, the Chairman of the National Bank of Ukraine his first deputy and the deputy, the Chairman and other members of Audit Chamber, the Representative of the Verkhovna Rada of Ukraine for human rights Authorized on protection of state language, the Chairman of the Verkhovna Rada of the Autonomous Republic of Crimea, the Chairman of the board of ministers of the Autonomous Republic of Crimea;

b) People's Deputies of Ukraine, deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils, rural, settlement, city chairmen;

c) government employees, officials of local self-government;

d) military officials of the Armed Forces of Ukraine, Public service of special communication and information security of Ukraine and other military forming formed according to the laws, except the military personnel of compulsory military service, cadets of the highest military educational institutions, cadets of the higher educational institutions incorporating military institutes, cadets of faculties, departments and departments of military preparation, staff of the regular military-medical commissions;

ґ) judges, judges of the Constitutional Court of Ukraine, the Chairman, the vice-chairman, members, disciplinary inspectors of the Supreme council of justice, the head of service of disciplinary inspectors of the Supreme council of justice and its deputy, officials of the secretariat of the Supreme council of justice, the Chairman, the vice-chairman, members, inspectors of the Highest qualification commission of judges of Ukraine, officials of the secretariat of this Commission, officials of Public judicial administration of Ukraine, jury (during execution of obligations by them in court);

e) face of the private and the commanding structure of the public criminal and executive service, face of the commanding structure of service of civil protection, the State bureau of investigations, National anti-corruption bureau of Ukraine, persons having special ranks of Bureau of economic safety of Ukraine;

e) official and officials of bodies of prosecutor's office, Security Service of Ukraine, State bureau of investigations, National anti-corruption bureau of Ukraine, Bureau of economic safety of Ukraine, diplomatic service, the state forest protection, state protection of natural and reserved fund, the central executive body realizing the state tax policy and the central executive body which realizes the state customs policy;

є) the Chairman, the vice-chairman of the National agency concerning prevention of corruption;

g) members of Central Election Commission;

h) police officers;

i) official and officials of other state bodies, including Social Insurance Fund of Ukraine and Pension fund, authorities of the Autonomous Republic of Crimea;

і) members of collegiate state bodies, including representatives for consideration of claims about violation of the law in the field of public purchases;

ї) Head of Office of the President of Ukraine, his First deputy and deputies, representatives, press secretary of the President of Ukraine;

й) The secretary of the National Security and Defense Council of Ukraine, his assistants, advisers, assistants, advisers to the President of Ukraine (except persons whose positions are carried to foster service and occupying them on a voluntary basis);

j) board members of Social Insurance Fund of Ukraine, Fund of obligatory national social insurance of Ukraine on case of unemployment, the Pension fund, the Supervisory board of the Pension fund;

k) employees of the National commission on securities and stock market.

2) persons who for the purposes of this Law are equated to persons authorized on accomplishment of functions of the state or local self-government:

a) officials of legal entities of the public law who are not specified in Item of 1 part one of this Article members of council of the National Bank of Ukraine (except the Chairman of the National Bank of Ukraine) persons which are part of the supervisory board of national bank, state company or the state organization aiming at profit earning of economic society in which authorized capital more than 50 percent of shares (shares) belong to the state members of council of supervision of auditor activities Organa of public supervision of auditor activities are not persons specified in Item of 1 part one of this Article, officials and inspectors of Inspectorate for quality assurance Organa of public supervision of auditor activities, members of council of Auditor chamber of Ukraine officials of Auditor chamber of Ukraine and staff of committee on quality control of auditor services of Auditor chamber of Ukraine and committees on quality control of auditor services of the professional organizations of auditors and accountants. The chairman, vice-chairmen, other members of the National agency on quality assurance of the higher education, except the elite from among job seekers of the higher education and representatives of the All-Ukrainian Unions of the organizations of employers, and also officials of the secretariat of the National agency on quality assurance of the higher education;

b) persons who are not government employees, officials of local self-government, but provide public services (auditors, notaries, private contractors, appraisers, and also experts, arbitration managers, independent intermediaries, members of the labor arbitration, arbitration judges in case of execution of these functions by them, other persons determined by the law);

c) representatives of public associations, scientific institutions, educational institutions, experts of the corresponding qualification, other persons who are part of the tender and disciplinary committees formed according to the Law of Ukraine "About public service", the Law of Ukraine "About service in local government bodies", other laws (except non-resident aliens who are part of such commissions), the Public council of virtue created according to the Law of Ukraine "About judicial system and the status of judges" and at the same time are not persons specified in Item 1, the subitem "an" of Item 2 parts one of this Article";

d) persons recognized (oligarchs) having the considerable economic and political importance in public life according to the Law of Ukraine "About prevention of the threats of homeland security connected with excessive impact of persons who have considerable economic or political weight in public life (oligarchs).

") chairmen and members of medico-social commissions of experts, and also chairmen, their deputies, members and secretaries of the non-staff permanent military-medical and medical and flight commissions which at the same time are not the faces specified in Item of 1 part one of this Article;

3) persons who constantly or temporarily hold the positions connected with accomplishment organizational and administrative or administrative type duties or specially authorized on accomplishment of such obligations in legal entities of private law irrespective of form of business and also other persons who are not officials and perform work or provide services according to the contract with the company, organization, the organization, - in the cases provided by this Law.

4) presidential candidates of Ukraine and the candidate for the People's Deputies of Ukraine registered according to the procedure, established by the law;

5) No. 140-IX is excluded according to the Law of Ukraine of 02.10.2019 

The Section II the National agency concerning the prevention of corruption

Article 4. The status of the National agency concerning prevention of corruption

1. The national agency according to the prevention of corruption (further - the National agency) is the central executive body with the special status which provides forming and realizes the state anti-corruption policy.

2. The national agency, in the limits determined by it and other laws, bears responsibility to the Verkhovna Rada of Ukraine and is under control and accountable to the Cabinet of Ministers of Ukraine.

3. The national agency is formed by the Cabinet of Ministers of Ukraine according to the Constitution of Ukraine, it and other laws of Ukraine.

Questions of activities of the National agency in the Cabinet of Ministers of Ukraine are represented by the Chairman of the National agency.

4. The legal basis of activities of the National agency is constituted by the Constitution of Ukraine, the international agreements which consent to be bound is provided by the Verkhovna Rada of Ukraine, this and other laws of Ukraine, and also other regulatory legal acts accepted according to them.

The law of Ukraine "About the central executive bodies" and other regulatory legal acts regulating activities of executive bodies, and also the Law of Ukraine "About public service" are applied to the National agency, employees and workers of its device, and also to its powers to authorized divisions (authorized persons) concerning prevention and identification of corruption in the part which is not contradicting this Law.

5. No. 140-IX is excluded according to the Law of Ukraine of 02.10.2019.

Article 5. Management of the National agency

1. Management of activities of the National agency is performed by its Chairman who is appointed to position and is dismissed by the Cabinet of Ministers of Ukraine according to the procedure, determined by this Law.

2. The chairman of the National agency the citizen of Ukraine can be not younger than thirty five years which has the higher education, knows state language, is respectable and competent, capable on the business and moral qualities, educational and professional level, the state of health to fulfill the corresponding service duties.

For the purposes of this Law the higher education the education got in Ukraine (or in the territory of the former USSR till December 1, 1991) on educational qualification level of the specialist or master, and also the higher education on the level corresponding educational qualification received in foreign states is considered.

3. To position of the Chairman of the National agency, his deputy there cannot be nominated person which:

1) by a court decision acknowledged incapacitated or capacity to act of which is limited;

The criminal record for making of criminal offense has 2) if such criminal record is not extinguished or is not removed in the procedure established by the law (except the rehabilitee);

3) was attracted based on the conviction which took legal effect to criminal liability for making of corruption criminal offense or on which within the last year administrative punishment for making of the offense connected with corruption was imposed;

4) it is deprived of the right according to the court verdict which took legal effect, to be engaged in the activities connected with accomplishment of functions of the state or to hold certain positions;

5) within two years before filing of application on participation in tender on occupation of this position was part of governing bodies of political party or was in employment or other contractual relations with political party;

6) did not submit according to this Law the declaration of person authorized on accomplishment of functions of the state or local self-government for last year;

7) did not undergo special testing or did not provide consent to its carrying out.

4. The chairman of the National agency is appointed for a period of four years. Same person two terms in a row cannot hold position of the Chairman of the National agency.

5. Powers of the Chairman of the National agency stop the Cabinet of Ministers of Ukraine ahead of schedule in case:

1) appointments or elections to other position from its consent;

2) achievements of sixty five years;

3) impossibility to perform the powers for health reasons according to the conclusion of medical commission which is formed by specially authorized central executive body realizing state policy in the field of health care;

4) introductions in legal force of the judgment about recognition its incapacitated or restriction of his civil capacity to act, recognition it is unknown absent or announcements the dead;

5) introductions in legal force of conviction of court concerning it;

6) the terminations of citizenship of Ukraine by it or departure on permanent residence out of limits of Ukraine;

7) filing of application about dismissal at own will, resignation;

8) his death;

9) availability of the conclusion of the commission on carrying out independent efficiency evaluation of activities of the National agency about inefficiency of such activities.

Powers of the Chairman of the National agency stop in connection with the termination of term of its powers.

The termination of powers of the Chairman of the National agency on any other bases is forbidden.

6. The chairman of the National agency can have three deputies whom he appoints to position and dismisses.

Article 6. Procedure for carrying out competitive selection and appointment of the Chairman of the National agency

1. The chairman of the National agency is appointed according to results of open competitive selection.

The organization and carrying out competitive selection are performed by the Tender committee on selection to position of the Chairman of the National agency (further - the Tender committee).

2. Are part of the Tender committee:

1) three persons determined by the Cabinet of Ministers of Ukraine;

2) three persons determined by the Cabinet of Ministers of Ukraine based on proposals of donors which within the last two years about day of completion of term of office of the Chairman of the National agency or about day of early termination of its powers provided to Ukraine the international technical assistance in the field of prevention and anti-corruption.

The body providing coordination of attraction, use and monitoring of the international technical assistance which is provided to Ukraine based on international treaties determines the list of such donors not later than three months before the expiration of powers of the Chairman of the National agency or within three working days from the date of early termination of its powers (release) according to the procedure, established by this Law.

Each such donor can offer the Cabinet of Ministers of Ukraine any number of candidates for structure of the Tender committee or approve the offer of the general candidate list in structure of the Tender committee.

The decision on determination of members of the Tender committee is made at open session of the Cabinet of Ministers of Ukraine. Such decision shall contain list of certain members of the Tender committee, and also the list of candidates for replacement of members of the Tender committee in case of early termination of their powers (in number of at least two candidates, including at least one candidate offered by donors who within the last two years about day of completion of term of office of the Chairman of the National agency or about day of early termination of its powers provided to Ukraine the international technical assistance in the field of prevention and anti-corruption).

3. Persons who have faultless goodwill, high professional and moral qualities, public authority, and also experience of activities in the field of the prevention and/or anti-corruption can be members of the Tender committee. Cannot be members of the commission of person, specified in Items 1 - 4 parts three of article 5 of this Law, and persons authorized on accomplishment of functions of the state or local self-government according to part one of article 3 of this Law.

4. The tender committee is created not later than two months before completion of term of office of the Chairman of the National agency or within 14 days from the date of early termination of its powers (dismissal) according to the procedure, established by this Law.

The tender committee is considered authorized in case of approval as a part of four people, three of whom are determined by the Cabinet of Ministers of Ukraine based on proposals of donors which within the last two years about day of completion of term of office of the Chairman of the National agency or about day of early termination of its powers provided to Ukraine the international technical assistance in the field of prevention and anti-corruption.

The term of office of the member of the Tender committee constitutes two years from the date of appointment.

Powers of the member of the Tender committee stop ahead of schedule in case:

1) submissions of the application in person about the termination of powers of the member of the Tender committee;

2) introduction by the Tender committee of the offer on early termination of powers of her member;

3) introductions in legal force of conviction of court concerning it;

4) recognitions by its incapacitated or it is unknown absent;

5) detection of discrepancy of the member of the Tender committee to the requirements determined by this Article;

6) his death.

The decision on early termination of powers of the member of the Tender committee is made by the Cabinet of Ministers of Ukraine which at the same time determines the member of the Tender committee on replacement.

5. The solution of the Tender committee is deemed accepted if four members of the Tender committee among whom there are three members from among persons determined based on proposals of donors which within the last two years about day of completion of term of office of the Chairman of the National agency or about day of early termination of its powers provided to Ukraine the international technical assistance in the field of prevention and anti-corruption voted for it at meeting.

The member of the Tender committee can participate in its meeting remotely by electronic communication.

Meetings of the Tender committee are open for representatives of media and journalists. The secretariat of the Cabinet of Ministers of Ukraine provides video both audiofixing and broadcasting in real time corresponding video and audioinformation from meetings of the Tender committee on the official website of the Cabinet of Ministers of Ukraine.

Information on time and the venue of meeting of the Tender committee is published on the official website of the Cabinet of Ministers of Ukraine not later than 48 hours till its beginning.

Organizational technical supply of activities of the Tender committee performs the Secretariat of the Cabinet of Ministers of Ukraine.

Financing of activities of the Tender committee and its members, including the secretariat created for the help in their activities can be performed due to attraction of the international technical assistance.

6. Tender committee:

Determines 1) and publishes regulations of the work;

Determines 2) and will promulgate criteria and technique of assessment of candidates for position of the Chairman of the National agency;

3) determines conditions and terms of carrying out tender, places the corresponding announcement in nation-wide printing media and on the official website of the Cabinet of Ministers of Ukraine;

4) considers the documents submitted by persons for participation in tender;

5) carries out assessment of professional knowledge and qualities of the candidate, research of materials about the candidate;

6) conducts at the meeting interview with the selected candidates;

Determines 7) by open voting from among candidates who had interview of the candidate who according to reasoned decision of the Tender committee has the best working experience, knowledge and qualities for execution of service duties of the Chairman of the National agency, and also corresponds to criteria of competence and respectability; brings representation to the Cabinet of Ministers of Ukraine about appointment of the candidate for position of the Chairman of the National agency;

8) will promulgate on the official website of the Cabinet of Ministers of Ukraine information on persons who submitted applications for participation in tender, and also information on the candidates selected for interviewing and on the candidate selected by the Tender committee for position assignment of the Chairman of the National agency;

9) holds repeated competition in case of variation of all candidates in connection with their discrepancy to the requirements established concerning position of the Chairman of the National agency.

7. Members of the Tender committee have the right:

To collect 1), to check and analyze information, including with limited access, about candidates for position of the Chairman of the National agency;

2) to have free access to registers, databases, the owner (administrator) of which are state bodies;

3) to participate in meetings and other events held by the Tender committee;

4) to address candidates for position of the Chairman of the National agency, and also any other physical persons or legal entities with request about provision of the explanations, documents or information necessary for consideration of candidates for position of the Chairman of the National agency;

5) for the purpose of collection, check and information analysis, including with limited access to use the help of assistants.

Assistants shall provide protection and nondisclosure of personal data, information with limited access which became known to them in connection with execution of the corresponding obligations.

8. Members of the Tender committee shall:

1) to provide protection and nondisclosure of personal data, information with limited access which became known to the Tender committee, her member in connection with implementation of powers;

2) to participate in work of the Tender committee personally, without delegation of the powers to other persons, including other members of the Tender committee;

Not to use 3) in other purposes, than for execution of the obligations as members of the Tender committee, personal data and other information which became known to them in connection with participation in work of the Tender committee;

4) to refuse participation in information collection about the candidate for position of the Chairman of the National agency, consideration of question of such candidate if the member of the Tender committee is or was in personal or business relations with such candidate and/or in case of other conflict of interest or circumstances which can affect objectivity and impartiality during acceptance by the member of the Tender committee of the decision concerning the candidate for position of the Chairman of the National agency.

9. Person applying for participation in tender files the following documents in the term specified in the announcement:

1) the statement for participation in tender with provision of consent to conducting special check in connection therewith the Law and on processing of personal data according to the Law of Ukraine "About personal data protection";

2) the autobiography containing: surname, name and middle name (in the presence), number, month, year and the birthplace, nationality, data on education, labor activity, position (occupation), place of employment, social job (including on elective offices), membership in political parties, including in the past, availability of employment or any other contractual relations with political party within two years preceding day of filing of application (irrespective of duration of such relations), contact phone number and the e-mail address, data on availability or lack of criminal record, imposing on person of administrative punishment for making of the offense connected with corruption;

3) the motivational letter in which person states the motives of election to position of the Chairman of the National agency and the vision of possible future activities on this position;

4) the copy of the declaration of person authorized on accomplishment of functions of the state or local self-government in the year preceding year in which the announcement of tender, and references to the corresponding page of the Unified state register of declarations of persons authorized on accomplishment of functions of the state or local self-government was published;

5) other documents which submission is provided by this Law for conducting special check.

Data from the documents submitted according to this Article shall be promulgated within three working days after the termination of submission due date of statements on tender on the official website of the Cabinet of Ministers of Ukraine, except data which according to this Law are carried to information with limited access, and data on contact phone number, the e-mail address of the candidate.

Article 7. Powers of the Chairman of the National agency, his deputies

1. Chairman of the National agency:

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