The Ministry of Defense developed and on September 9 submitted through the Cabinet of Ministers to the Verkhovna Rada draft law 12022 on the establishment of anti-corruption restrictions for military personnel. In particular, they will relate to the use of any state or communal property or funds in private interests, receiving gifts, co-operation and combination with other types of activities.
The Ministry of Defense also proposes to oblige military personnel to report on the existence of a conflict of interest.
Therefore, it is proposed to write in the Statute of the Internal Service of the Armed Forces of Ukraine that military personnel are obliged not to commit and not to participate in the commission of corruption offenses or offenses related to corruption.
Military officials of the Armed Forces of Ukraine and other military formations formed in accordance with the laws of the State Special Forces (except for servicemen of basic military service, cadets of higher military educational institutions, cadets of higher education institutions that include military institutes, cadets of faculties, departments and departments of military training ), military personnel belonging to the staff of the full-time VLK are obliged to comply with the rules for the prevention and settlement of conflicts of interest and anti-corruption restrictions:
- regarding the use of official powers or one's position and related opportunities for the purpose of obtaining an unlawful benefit for oneself or other persons, in particular, using any state or communal property or funds in private interests;
- regarding receiving gifts;
- regarding coexistence and combination with other types of activities;
- after the termination of activities related to the performance of functions of the state, local self-government;
- regarding the joint work of relatives.
Military servicemen who are heads or members of medical and social expert commissions, or heads, their deputies, members or secretaries of non-staff permanent military medical and aviation medical commissions, who at the same time are not the persons specified in the second part of this article, must must comply with the rules for the prevention and settlement of conflicts of interest and anti-corruption restrictions:
- regarding the use of official powers or one's position and related opportunities for the purpose of obtaining an unlawful benefit for oneself or other persons, in particular, using any state or communal property or funds in private interests;
- regarding receiving gifts.
The commander (chief) who gave the order, upon receiving a notification that a military serviceman has a real or potential conflict of interest in connection with the execution of the order received from the commander (chief), is obliged to take measures to resolve the real or potential conflict of interest.
A commander (chief) who has received a message from a subordinate that he has a real or potential conflict of interest in connection with the execution of an order received from a senior commander (chief), is obliged to report this to the senior commander (chief) for further measures to be taken by him regarding the settlement of a real or potential conflict of interest.
A serviceman is obliged to report to his immediate commander (supervisor) about the presence of a real or potential conflict of interest in connection with the execution of the received order no later than the next working day from the moment when the serviceman learned or should have learned about it.
If a serviceman is in a position that does not require him to have a direct supervisor, the serviceman shall report on the existence of a real or potential conflict of interest during the exercise of his powers no later than the next working day from the moment when he learned or should have learned about it, the NAKC or another body defined by law, and in the case of a serviceman being in a collegial body - to the National Agency for the Prevention of Corruption or another body defined by law, or to a collegial body in which a conflict of interests arose.
The commander (chief) is obliged to:
- not to commit or participate in the commission of corruption offenses or offenses related to corruption;
- take measures to prevent and resolve conflicts of interest, comply with the restrictions stipulated by the Law "On Prevention of Corruption";
- to ensure compliance by subordinates with the rules of prevention and settlement of conflicts of interest and anti-corruption restrictions, taking into account the features specified in Article 11 of this Charter.
As stated, the draft law was developed by the Ministry of Defense to implement the State Anti-Corruption Program for 2023-2025, approved by Resolution No. 4 of the CMU dated March 2023, 220.
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