Gifts for Civil Servants: What Rules Apply During Martial Law and What the Law Provides

Civil service entails adherence to the principles of legality, integrity, professionalism, political impartiality, and service to the state and society. According to the Law of Ukraine "On Civil Service," civil servants are obliged to act exclusively within the powers defined by the Constitution and laws of Ukraine, as well as to comply with ethical behavior standards and anti-corruption legislation requirements.

One of the important guarantees for preventing corruption is the legally established restrictions on receiving gifts. As reminded by the Kherson Court of Appeal, Article 23 of the Law of Ukraine "On Prevention of Corruption" prohibits persons authorized to perform state or local self-government functions, directly or through others, from demanding, requesting, or accepting gifts for themselves or close persons if they are related to the performance of official duties or are provided by subordinates.

It is noted that the law allows the acceptance of gifts that correspond to generally recognized notions of hospitality. At the same time, their value cannot exceed two subsistence minimums for able-bodied persons at once, and the total value of gifts from one person or group of persons during a year cannot exceed four subsistence minimums. Such restrictions are directly provided by part two of Article 23 of the Law of Ukraine "On Prevention of Corruption."

At the same time, these restrictions do not apply to gifts from close persons, publicly available discounts on goods or services, publicly available winnings, prizes, awards, and bonuses. The concept of "close persons" is defined by Article 1 of the Law of Ukraine "On Prevention of Corruption," and the circle of persons to whom anti-corruption restrictions apply is defined by Article 3 of this Law.

If a civil servant receives an offer of a gift or unlawful benefit, they must act in accordance with Article 24 of the Law of Ukraine "On Prevention of Corruption": refuse the offer, if possible identify the person who made it, involve witnesses, and immediately notify in writing their direct supervisor or specially authorized anti-corruption entities.

Additionally, rules of official conduct are defined by the General Rules of Ethical Conduct for Civil Servants and Local Self-Government Officials, approved by the order of the National Agency of Ukraine for Civil Service dated August 5, 2016, No. 158. They provide for the obligation of officials to act with integrity, impartiality, avoid conflicts of interest, and not use their official position for private interests.

Violation of the legally established restrictions on receiving gifts entails administrative liability under Article 172-5 of the Code of Ukraine on Administrative Offenses. The sanction of this article provides for a fine with confiscation of the gift, and in case of repeated violation within a year – a fine, confiscation of the gift, and deprivation of the right to hold certain positions or engage in certain activities for one year.

Thus, compliance with the rules regarding receiving gifts is not a formality but an important component of an honest civil service, prevention of conflicts of interest, and maintaining citizens' trust in state authorities.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, our page on Facebook and on Instagram to stay informed about the most important events.