Entry in the Register of Corrupt Officials May Be Grounds for Refusal to Appoint to Civil Service

In Ukraine, a clear retention period may be established in the Register of Corrupt Officials for information on disciplinary liability for corruption offenses, as well as the requirements for individuals planning to enter civil service may be revised.

A draft law No. 15346-1 has appeared in the Verkhovna Rada, proposing to change the procedure for maintaining the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses, as well as to revise certain provisions of the Law of Ukraine "On Civil Service."

The document provides for establishing a separate retention period in the Register for information on disciplinary liability for corruption offenses and changing the grounds on which a person cannot enter civil service.

What changes are proposed for the Register of Corrupt Officials

It is proposed to supplement Article 59 of the Law of Ukraine "On Prevention of Corruption" with a new provision that will define the retention period in the Register of information about bringing an individual to disciplinary liability for committing corruption or corruption-related offenses. This period is proposed to be set at one year.

Currently, the law defines retention periods for information regarding civil-law, administrative, and criminal liability, as well as for legal entities subjected to criminal-law measures. However, no separate retention period is provided for information on disciplinary liability.

As a result, information about disciplinary liability may be stored in the Register for a long time regardless of the nature of the offense and its consequences. According to the authors, this situation may disproportionately restrict human rights, particularly the right to work and access to civil service, since disciplinary liability is a less severe form of legal responsibility than administrative or criminal liability.

Which rules for entering civil service may change

The draft law also proposes to amend paragraph 5 of part two of Article 19 of the Law of Ukraine "On Civil Service."

Currently, a person cannot enter civil service if, within three years from the date the relevant court decision comes into legal force, they have been subjected to administrative penalties for an offense related to corruption.

Instead, it is proposed to establish that a person cannot enter civil service if, according to the Law of Ukraine "On Prevention of Corruption," they are listed in the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses.

The authors intend that this change will eliminate legal uncertainty regarding the possibility of persons whose information is contained in the Register entering civil service, as well as harmonize the provisions of anti-corruption legislation with the Law of Ukraine "On Civil Service."

Why these changes are proposed

The project aims to ensure the principles of legal certainty, proportionality, and fairness, as well as to achieve a balance between the public interest in ensuring the integrity of public service and citizens' right to professional realization. Moreover, its implementation will not require additional expenditures from the state or local budgets. The authors also believe that the proposed changes will contribute to increasing trust in civil service, strengthening anti-corruption mechanisms in personnel policy, and reducing corruption risks in government bodies.

How this document differs from the government draft law

Draft law No. 15346-1 is an alternative to the government draft law No. 15346. Both documents propose establishing a one-year retention period in the Register for information about bringing an individual to disciplinary liability for corruption or corruption-related offenses. The government explains the necessity of such changes, in particular, by the implementation of the European Court of Human Rights decision in the case "Sytnyk v. Ukraine," which pointed out the absence of a clear procedure for removing relevant information from the Register after the administrative penalty has been served.

At the same time, the alternative draft law proposes another important innovation — amendments to the Law of Ukraine "On Civil Service." This proposal is the main difference between the two legislative initiatives.

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