Corruption entails various forms of liability, ranging from simple reprimands to lengthy prison sentences. In this explainer, we will focus on administrative responsibility — specifically, what officials can be accused of and the severity of the punishments.
Officials combining their full-time position with other types of activities
Article 172-4 of the Administrative Code. Violating restrictions on part-time work or combining official duties with other types of activities.
Officials are primarily obligated to focus on fulfilling their official duties. Generally, they are prohibited from combining their positions with other activities. However, there are specific exceptions to this rule. Let’s examine what is permissible and what is not.
Officials are strictly prohibited from engaging in business or other paid activities concurrently with their official duties. For instance, providing paid consultations is not allowed. Violating this rule can result in a fine ranging from UAH 5,100 to UAH 8,500, along with the confiscation of any income earned from such activities.
The law permits officials to engage in paid activities such as teaching, creative and scientific work, medical and judicial practice, and even serving as sports coaches.
However, MPs, judges, Constitutional Court judges, and members of the High Council of Justice have more limited options. The Constitution explicitly prohibits them from practicing medicine, teaching, or serving as sports judges.
Officials involved in an enterprise or profitable organization
Article 172-4 of the Administrative Code. Violating restrictions on part-time work or combining official duties with other types of activities.
To comply with the law, an official cannot serve on the management board, executive or control bodies, or the supervisory board of an enterprise or profitable organization.
For such a violation, the fine ranges from UAH 5,100 to UAH 8,500, along with confiscation of the income. If repeated within a year, the fine increases to UAH 8,500–13,600, accompanied by confiscation and a one-year ban on holding a position.
At the same time, officials are permitted to represent the interests of the state or territorial communities in business organizations, and supervisory boards, and manage related shares.
This rule does not apply to the following officials:
● people deputies of the Verkhovna Rada of the Autonomous Republic of Crimea,
● people deputies of local councils (except for those who exercise their powers in the relevant council permanently),
● assistant consultants of Ukrainian MPs,
● employees of the secretariats of the Speaker of the Verkhovna Rada of Ukraine,
● First Deputy Speaker of the Verkhovna Rada of Ukraine,
● Deputy Speaker of the Verkhovna Rada of Ukraine,
● employees of the secretariats of parliamentary factions (or groups) in the Verkhovna Rada of Ukraine,
● the jury.
Officials receiving excessive gifts
Article 172-5 of the Administrative Code. Violation of legal restrictions on receiving gifts.
Officials should avoid accepting excessively expensive gifts, as the line between a gift and a bribe is very thin. Decisions made in favor of those from whom the official received a “gift” may later be declared invalid.
However, this does not mean that people are completely forbidden from congratulating officials. The acceptable format for gifts is determined by generally accepted notions of hospitality, and the maximum amounts depend on the subsistence minimum. In 2023, a single gift cannot exceed UAH 2,684, and the total value of gifts from one person over the entire year cannot exceed UAH 5,368.
If the limits are violated, the official faces a fine ranging from UAH 1,700 to UAH 3,400. For repeated violations, the fine increases to between UAH 3,400 and UAH 6,800, along with a ban on holding a position for a year. Additionally, the gift will be confiscated in any case, so if you plan to offer congratulations during the holiday, it's important to take these restrictions seriously.
An official can also accept more expensive gifts, but only if they are given by close people, such as relatives or those with whom the official lives together. Public discounts on goods, winnings, services, prizes, bonuses, and privileges are also not subject to restrictions.
Law of Ukraine On Corruption Prevention
Officials concealing information about their assets in the declaration
Article 172-6 of the Administrative Code. Violation of financial oversight measures.
This category includes several violations. For example, a fine of 850 to 1,700 UAH is imposed for the late submission of a declaration without valid reasons.
Officials must promptly notify about significant changes in their property status and the opening of accounts in foreign banks. Failure to do so will result in a fine ranging from 1,700 to 3,400 UAH. For repeated violations within the year, the fine will double, and the official will be banned from holding a position for one year.
If a declaration omits information about available funds and property or if the amounts are overstated or understated, a fine ranging from UAH 17,000 to UAH 42,500 will be imposed. This is applicable if the court confirms discrepancies between the actual assets and what is stated in the declaration (in 2023: from UAH 268,400 to UAH 1,342,000).
It is important to note that as of April 2023, due to the full-scale war, the mandatory declaration for officials has been suspended. The NACP also no longer checks declarations, which increases corruption risks. As a result, anti-corruption bodies have limited access to up-to-date information about the incomes of government officials. TI Ukraine calls for the reinstatement of mandatory e-declaration!
Officials having a real conflict of interest
Article 172-7 of the Administrative Code. Violation of the requirements for reporting a conflict of interest.
A conflict of interest occurs when there is a contradiction between private interest and official or representative powers. This is problematic because it can influence the official's actions and compromise the objectivity or impartiality of decision-making.
Therefore, an official who acted in the workplace under conditions of a real conflict of interest must pay a fine ranging from UAH 3,400 to UAH 6,800. For repeat offenses, the fine can increase to a maximum of UAH 13,600, and a ban on holding a position for one year will also be imposed.
If a real or potential conflict of interest becomes known, an official must notify their immediate supervisor, the NACP, or another collegial body within one business day. The National Agency recommends doing this in writing. Failure to notify in time will result in a fine ranging from UAH 1,700 to UAH 3,400.
To clarify, an official can “ask again” if there is a conflict of interest in certain actions. If the response is negative, the person will not be held responsible for these actions if a conflict of interest is later revealed.
Officials who “leaked” information learned in the course of their work
Article 172-8 of the Administrative Code. The illegal use of information obtained in connection with the performance of official duties or other powers defined by law.
An official cannot just “leak” or use for personal gain any information learned while performing their official duties. A fine of UAH 1,700 to 2,550 is imposed for this offense.
The law distinguishes whistleblowers of corruption. A whistleblower is someone who informs the relevant authorities about potential corruption they have discovered. Disclosing information that could reveal the identity of an whistleblower or harm them or their relatives is a more serious violation. The fine for this offense is substantial — ranging from UAH 17,000 to UAH 42,500, along with a one-year ban on holding a position.
The legislator specifically addresses former members of the National Commission for State Regulation of Energy and Public Utilities (NCREPU). Under the threat of a fine, they are prohibited from having employment or other contractual relations with companies in this sector for one year after leaving the NCREPU. This is regulated by Article 172-8-1. Violation of the restrictions established by law after the termination of the powers of a member of the National Commission for State Regulation of Energy and Public Utilities.
Officials turning a blind eye to corruption.
Article 172-9 of the Administrative Code. Failure to take anti-corruption measures.
In the fight against corruption, it is important to consider not only one's own actions but also the actions of subordinates. This includes ensuring that declarations are submitted on time, in addition to reporting corruption and addressing conflicts of interest.
A fine ranging from UAH 2,125 to UAH 4,250 is imposed for inaction. For a repeated offense, the fine may increase to UAH 6,800.
It is important to note that the responsibility to counteract corruption extends beyond traditional officials. This also includes those who oversee the results of official competitions within sports organizations.
Corruption in sports
Article 172-9-1 of the Administrative Code. Violation of the prohibition of placing bets on sports related to the manipulation of official sports competitions.
Law of Ukraine On Preventing the Impact of Corruption Offenses on the Results of Official Sports Competitions.
The legislation specifically outlines cases where officials of sports organizations and bodies are held accountable. Those responsible for overseeing the results of competitions are required to combat corruption and manipulation. This includes activities such as bribing athletes, making “agreements” with them, or extorting exclusive information.
Athletes and other interested parties are prohibited from placing bets on the competitions in which they participate and receiving money for doing so. For such an offense, the fine ranges from UAH 3,400 to 8,500, along with the confiscation of the money received. In case of a repeated offense, the penalty doubles.
Corruption in the field of environmental protection
Article 172-9-2 of the Administrative Code. Violation of legislation in the field of environmental impact assessment
When assessing various environmental impacts, clear requirements exist, particularly regarding the independence of the process. If an official violates the rules or deadlines, or interferes with the assessment or provision of conclusions on environmental impact, a fine will be imposed. This fine is relatively small, ranging from UAH 3,400 to 6,800. In the case of repeated violations, the fine can increase to a maximum of UAH 10,200, and the official will be deprived of the right to hold a position for one year.
Who controls officials?
Authorized bodies and officials have the right to prepare reports on offenses. Depending on the article and the position of the officials, these bodies may include employees of the National Police or the National Agency for Corruption Prevention.
These rules are mandatory for officials of various ranks, including the president and heads of government agencies, among others. The legislation defines these individuals as holding very responsible positions, with their cases being handled by the NACP, while the National Police is responsible for lower-level officials.
It is important to understand who has the final say in the fight against corruption. The NABU does not handle administrative cases. The NACP and the National Police are responsible for drawing up reports on administrative violations. However, final decisions are made by the courts, which can either bring individuals to justice or close the case.
It is important to investigate even small corruption cases in a timely and fair manner to prevent criminals from escaping punishment. “Petty corruption” can lead to more significant corruption — together, they erode the state from within.