On July 8, the Verkhovna Rada adopted draft law No.7280 in the second reading and in general. It defines the circumstances and proposes new rules for the declaration of gifts and other assets for the period of martial law. 240 MPs voted in favor.
Now, public servants have the right not to indicate money, goods, services, and works in the declaration if they were directed to the needs of the Armed Forces of Ukraine or humanitarian assistance. At the same time, officials should have confirmation that the gifts were used for this purpose, and not for another.
In addition, certain exceptions to the requirements for combining and the need to submit notifications of significant changes in the property status of the declarant are introduced. Officials must submit a declaration or notification of significant changes in property status, opening a foreign exchange account with a non-resident bank within 90 days after the end of martial law.
It is also allowed not to indicate the funds received at the expense of the budget of a foreign state in the declaration (except for russia) or from an international organization that falls during the period of martial law.
At the same time, the declarant or a member of their family are allowed not to notify about the opening of a foreign currency account with a non-resident bank during the martial law if only such funds were transferred to the account, or it was closed within one month after the martial law was lifted.
The NACP is now entitled to receive charitable donations (including humanitarian aid) in the form of goods (property) from international donors during the period of martial law.
However, the draft law does not abolish restrictions on receiving gifts in connection with the state service or from subordinates, or in conditions of conflict of interest.
It is also worth remembering paragraph 8 of the clarification of the NACP dated March 7 with reference to the Law of Ukraine dated 03.03.2022 # 2115-IX that during the period of martial law or the state of war, full checks of declarations and control measures regarding the correctness and completeness of the declaration are not conducted. At the same time, neither the clarification nor the law establish a ban on lifestyle monitoring, so the issue of additional by-law regulation of this procedure becomes particularly relevant. We developed appropriate recommendations for NACP in a separate study.
TI Ukraine supports the relevant changes in the legislation, as they are due to the circumstances of wartime. This will increase the ability of civil servants to take an active part in helping our army. However, it is worth thinking now about the options for resuming declaration checks by the NACP and their filing by declarants if martial law is extended after August 23.
It is worth thinking now about the options for resuming declaration checks by the NACP and their filing by declarants if martial law is extended after August 23.