Provisions of legislation regarding personal liability of a person for violation of financial control requirements:
- for intentional failure to submit an e-declaration by the subject, criminal liability is provided in the form of a fine of 2,500 to 3,000 non-taxable minimum incomes of citizens or public works for a period of 150 to 240 hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3- x years (Article 366-3 of the Criminal Code of Ukraine effective from 12/30/2020);
- for untimely submission of the declaration without valid reasons, administrative liability is provided in the form of a fine of 50 to 100 non-taxable minimum incomes of citizens (Article 172-6 of the Code of Ukraine on Administrative Offenses).
In addition, the establishment of the fact of non-submission or untimely submission of the e-declaration has the effect of entering the subject of the declaration into the Unified State Register of persons who have committed corruption or corruption-related offenses by court decision.
For violation of the requirements for the prevention and settlement of conflicts of interest and other restrictions on the prevention of corruption, a person may be brought to administrative and disciplinary responsibility, in particular.
13.1. Criminal liability
In some cases, taking actions and/or making decisions in conditions of conflict of interests may contain signs of one of the corruption criminal offenses, the list of which is given in the footnote to Art. 45 of the Criminal Code.
Signs of a conflict of interests as part of a criminal offense provided for in Part 1 of Article 364 of the Criminal Code:
use of power and official position contrary to the interests of the service (on the objective side of the composition);
the purpose of receiving an undue benefit (in the subjective side of the composition).
13.2. Administrative responsibility is provided for:
Violation of restrictions on co-operation and co-operation with other types of activity (Article 1724 of the Code of Administrative Offenses of Ukraine):
for violation by a person of the restrictions established by law regarding employment in other paid activities (except for teaching, scientific and creative activities, medical and judicial practice, sports instructor practice) or entrepreneurial activity - a fine from 5,100 to 8,500 hryvnias with confiscation of income from entrepreneurial activity or remuneration from part-time work (Part 1 of Article 1724 of the Labor Code);
for violation by a person of the restrictions established by law regarding membership of the board, other executive or control bodies, or the supervisory board of an enterprise or organization that aims to make a profit (except for cases when the person performs the functions of managing shares (parts, shares) belonging to the state or territorial community, and represents the interests of the state or territorial community in the council (supervisory board), audit commission of an economic organization), - a fine from 5,100 to 8,500 hryvnias with confiscation of the received income
from such activity (Part 2 of Article 1724 of the Code of Administrative Offenses);
for any of the above actions, committed by a person who was subject to administrative fines for the same violations during the year, a fine from 8,500 to 13,600 hryvnias with confiscation of the received income or remuneration and with deprivation of the right to hold certain positions or engage in certain activities for a period of one year (Part 3 of Article 1724 of the Code of Administrative Offenses of Ukraine).
Violation of restrictions on receiving gifts (Article 1725 of the Criminal Procedure Code):
for violation of the legal restrictions on receiving gifts - a fine from 1,700 to 3,400 hryvnias with confiscation of such a gift (part 1 of article 1725 of the Criminal Procedure Code);
for the same action, committed by a person who was subject to administrative fines for the same violation during the year, a fine from 3,400 to 6,800 hryvnias with confiscation of such a gift (donation) and with deprivation of the right to hold certain positions or engage in certain activities for a period of one year ( Part 2 of Article 1725 of the Code of Administrative Offenses of Ukraine).
Violation of certain requirements for the prevention and settlement of conflicts of interest (Article 1727 of the Code of Administrative Offenses of Ukraine):
for non-notification by a person in the cases and procedure established by law of the presence of a real conflict of interests, - a fine from 1,700 to 3,400 hryvnias (Part 1, Article 1727 of the Criminal Procedure Code);
committing actions or making decisions in conditions of a real conflict of interests - a fine from 3,400 to 6,800 hryvnias (Part 2 of Article 1727 of the Code of Criminal Procedure);
any of the above-mentioned actions, committed by a person who was subject to administrative fines for the same violations during the year, - a fine from 6,800 to 13,600 hryvnias with deprivation of the right to hold certain positions or engage in certain activities for a period of one year (Part 3 of Article 1727 KUPAP).
A person against whom a report on an administrative offense related to corruption has been drawn up may be suspended from performing official duties by the decision of the head of the body (institution, enterprise, organization) in which he works until the end of the court's consideration of the case (Part 5 of Article 65¹ of the Law).
In the case of closure of proceedings in the case of an administrative offense related to corruption, due to the absence of an event or composition of an administrative offense, the person suspended from performing official duties shall be reimbursed the average earnings for the period of suspension absenteeism caused by such suspension.
13.3. Disciplinary responsibility is provided for:
non-notification by a person of a direct manager about the presence of a potential conflict of interests;
the manager's failure to take measures to resolve the subordinate's conflict of interest;
failure to transfer to the management of corporate rights or violation by a person of the terms of such transfer, failure to notify or violation of the term of notification of the National Agency about such transfer to the management of enterprises and corporate rights, failure to submit to the National Agency a notarized copy of the contract on such transfer.