Involvement of the National Agency for the Prevention of Corruption in criminal proceedings on declaring unreliable information (Article 366-1 of the Criminal Code of Ukraine)

Abstract

Criminal liability for declaring inaccurate information is provided in Art. 366-1 of the Criminal Code of Ukraine, according to which the submission of the subject of declaring knowingly unreliable information in the declaration of a person authorized to perform state or local government functions provided by the Law of Ukraine «On Prevention of Corruption» or intentional failure to submit object of declaring the specified declaration. According to the above law, the powers of the National Agency for the Prevention of Corruption (NAPC) include the implementation in the manner prescribed by this Law, control and verification of declarations of persons authorized to perform state or local government functions, storage and publication of such declarations, lifestyle monitoring persons authorized to perform the functions of the state or local self-government.
As stated in the Constitution of Ukraine, public authorities and local governments, their officials are obliged to act only on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine (Article 19). That is, these bodies and individuals must do what is allowed by regulations. According to Part 1 of Art. 4 of the Law of Ukraine «On Prevention of Corruption» NAPC is a central executive body with a special status, which ensures the formation and implementation of state anti-corruption policy. As stated in the Law «On Central Executive Bodies», the central executive body within its powers, on the basis of and pursuant to the Constitution and laws of Ukraine, acts of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted in accordance with the Constitution and laws of Ukraine, acts of the Cabinet Ministers of Ukraine and orders of ministries issues orders of organizational and administrative nature, organizes and monitors their implementation.
The NAPC cannot initiate a pre-trial investigation in the above case, and their Explanations on the application of certain provisions of the Law of Ukraine «On Prevention of Corruption» regarding the need to establish violations of anti-corruption legislation, namely declaring inaccurate information and illicit enrichment, NAPC in full verification of the declaration of a person authorized to perform the functions of the state or local self-government for the initiation of criminal proceedings.