When free services for government bodies violate the law – what can lead to an order from NACP
The National Agency on Corruption Prevention clarified that government bodies and local self-government bodies are prohibited from receiving funds, property, intangible assets, property benefits, privileges, or services free of charge from individuals or legal entities.
This prohibition is provided for in the first part of Article 54 of the Law of Ukraine "On Prevention of Corruption." As noted by the NACP, it is caused by the need to minimize corruption risks associated with hidden forms of financing public authorities and improper influence from business representatives, public associations, or individuals.
At the same time, the law provides exceptions. Government bodies may receive certain types of assistance, including charitable or international technical assistance, if permitted by law.
The NACP emphasized that unlawful receipt of property or services by government bodies is an offense related to corruption and may entail legal liability. The NACP may issue an order to the head of the relevant body to eliminate the violation of the law, conduct an official investigation, and hold the guilty party accountable.
Examples of violations
The NACP reported that it has previously issued orders to officials for violations of the prohibition on free receipt of property or services.
Specifically, these involved:
- the head of the Poltava Regional Council – due to officials of the body receiving legal services free of charge from individuals;
- the head of the Chernihiv Regional Military Administration – due to a structural unit of the administration receiving legal assistance from a lawyer free of charge;
- the head of the State Agency of Land Reclamation and Fisheries – due to officials concluding 31 contracts with a private company for free storage of property;
- the head of the Main Service Center of the Ministry of Internal Affairs – due to one of the territorial units of the center using real estate of a private company free of charge.
What about advertising and coverage of government bodies' activities
The NACP separately noted that government bodies and local self-government bodies are prohibited from receiving free services for the production and distribution of advertising, except for social advertising (advertising services may be used on a paid basis at the expense of the respective budget of the body).
At the same time, free coverage of government bodies' activities in the media is not a violation of the prohibition.
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