How to file a declaration under the new rules: NACP explanation

On March 20, Law No. 524-IX "On Amendments to Certain Legislative Acts of Ukraine in Connection with the Adoption of the Law of Ukraine 'On Prevention of Corruption'" came into force.

The document changes the rules for submitting annual declarations for 2019, narrows the range of declaration subjects and the list of objects of declaration. For example, employees of patronage services (the list of positions is set out in Article 92 of the Law "On Civil Service") do not need to file an annual declaration for 2019, except for advisers, assistants, commissioners, the press secretary of the President of Ukraine and judicial assistants.

The three types of declarations for 2019, namely annual, after dismissal, and candidate for office, no longer need to be indicated:

• a unique record number in the Unified State Demographic Register;
• affiliation with national public figures;
• registered place of residence of family members of the declaring entities;
• objects of declaration that were in the possession or use of the declarant or their family members for at least half of the days of the reporting period;
• family members of the declaring entity who lived together with them for at least 183 days during the year;
• trusts or other similar legal entities, the ultimate beneficial owner (controller) of which is the declarant or their family members;
• cryptocurrencies;
• banking and other institutions, including abroad, where the declarant or family members have accounts or keep funds and other property.

Starting from March 20, the National Agency provides declarants with the opportunity to select the "Not applicable" or "No information to declare in this section" marks in the relevant fields and section 12.1 of the declaration.

Also, starting March 20, it is possible to select "Not applicable" in sections 2.1 and 2.2 of the declaration form, which relate to information on the declarant's affiliation with public figures and the registered place of residence of the declarant's family members.

As a reminder, the deadline for submitting annual declarations for 2019 has been extended to June 1.

Earlier, Intent wrote that the head of the National Agency for the Prevention of Corruption, Oleksandr Novikov, approved a decision according to which, during a special check of a candidate for a position, the declaration for the previous year, which was submitted last, will be checked, without taking into account its type.

As explained by the NACP, the declarations for the previous year, covering the period from January 1 to December 31 inclusive, are: annual declaration, declaration "after dismissal" and declaration of a person applying for a position - "candidate for a position".

If a person applying for a position has not filed a declaration covering the previous year in accordance with the law, he or she must file a "candidate for office" declaration.

The declaration of a "candidate for office" must indicate the name of the future place of work and the future position in connection with which the person is obliged to file a declaration, the type and category of the position for which he or she is applying, other statuses (whether the declarant belongs to persons holding responsible and especially responsible positions in accordance with Article 56 of the Law of Ukraine "On Prevention of Corruption", whether his or her position belongs to positions associated with a high level of corruption risks, and whether the person belongs to public figures), which are indicated, taking into account