Law of Ukraine No. 3384-ІХ, reinstating electronic declarations, entered into force on 12 October 2023. The team of the Regional Office of U-LEAD with Europe in the Kharkiv Oblast at the request of local municipalities held an online consultation and provided answers regarding the practical application of the newly adopted Law.
At the consultation, Dmytro Fokasiiev, Adviser on Decentralisation and Local Self-Government at the Regional Office, focused on the passing of the special check provided for by the Law of Ukraine “On Prevention of Corruption”, as well as the check provided for by the Law of Ukraine “On Purification of Government”, types and deadlines for submitting declarations.
As a general rule, public servants must submit the following by 31 January 2024:
- Annual declarations (with any mark) for the 2021–2022 reporting periods;
- Declaration upon dismissal for the years 2022–2023 (if the public servant is to submit the declaration by 11 October 2023 inclusive);
- Declaration of the candidate for the position for the 2021 and 2022 reporting periods (if the deadline for their submission is between 24 February 2022 and 11 October 2023 inclusive).
According to the adviser, if the declarant has an obligation to submit a declaration of a candidate for a position and an annual declaration (with any mark) for the same reporting period, then if the annual declaration for the relevant reporting period is submitted first, the declaration of a candidate for a position is not required for this period. This is indicated in para. 3 of Part 2 of Chapter II of Procedure No. 449/21 dated 23 July 2021.
Moreover, as the adviser explained, the law reinstated special checks that had been suspended since March 2022. From now on, persons appointed to positions under martial law must submit all the necessary documents for a special check on or prior to 31 January 2024:
“We recommend not to delay passing them, because unless it is done within this period, the person is subject to dismissal from the position,” said Dmytro Fokasiiev.
As for persons who were appointed to positions under martial law, if they perform tasks in the interests of the national security and defence of Ukraine, directly participate in hostilities or stay in the area of hostilities, they must submit a declaration and the necessary documents within 90 calendar days upon termination of the circumstances specified in Part 7 of Article 10 of the Law of Ukraine “On the Legal Regime of Martial Law”.
“Regarding the persons who were appointed under martial law and dismissed before the entry into force of the Law, a special check is not required,” the adviser said, referring to the official clarifications of the National Agency on Corruption Prevention.
According to Dmytro Fokasiiev, in addition to the above changes, there is a popular question regarding the declaration of material aid received from other countries and international organisations due to the war:
“Regardless of whether you were in Ukraine or abroad at the time you received this aid, you do not need to declare it. At the same time, this applies only to those declarations whose reporting period fully or partially falls within the period of martial law.
As for monetary assistance from Ukraine, it must be declared. In particular, this applies to state monetary assistance provided to internally displaced persons (IDPs), including for applications submitted through the eDopomoga platform.
Financial assistance may include coverage of living expenses (living allowance for IDPs) or compensation for costs associated with free temporary accommodation (stay) of IDPs. Furthermore, such assistance includes monetary assistance to the civilian population being evacuated and monetary assistance to the civilian population of de-occupied settlements, etc.
“The National Agency on Corruption Prevention recommends that the Cabinet of Ministers of Ukraine be indicated in the declaration as the source of income for such funds (along with blocking the field for entering the EDRPOU code),” the adviser suggested.
