Within 60 calendar days from the date of the system's launch, persons who, in accordance with the Law of Ukraine "On the Prevention of Corruption", hold responsible and especially responsible positions, are obliged to electronically submit information on their income for 2015.
In the future, declarations will have to be submitted annually no later than April 1 to persons who, in accordance with the Law:
- are authorized to perform state and municipal functions;
- are officials of legal entities of public law and are equated to persons authorized to perform state and municipal functions.
For submitting inaccurate information, violators may be held:
- to administrative liability in the form of a fine from UAH 17,000 to UAH 42,5000 (from RUB 41,000 to RUB 103,000) - if the submitted information differs from the truthful information by the amount from UAH 145,000 to UAH 362,500 (from RUB 349,000 to RUB 872,000);
- criminal liability in the form of a fine from UAH 42,500 to UAH 51,000 (from RUB 103,000 to RUB 124,000) or community service for a term of 150 to 240 hours, or imprisonment for up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years - if the submitted information differs from the truthful ones in the amount of more than UAH 362,500 (more than RUB 872,000).
The first launch of the system, which took place on August 15, 2016, was associated with certain difficulties. In particular, this software product was denied a security certificate, while observers noted that the lack of a certificate would not allow the information on incompleteness or inaccuracy of electronically submitted information to be used in court, and violators could not be held liable.
In addition, at the time of the first launch of the system, the procedure for verifying the accuracy and completeness of information submitted in electronic declarations had not been developed and approved. According to representatives of the Ministry of Justice of Ukraine, this circumstance actually made it impossible for citizens to enter the civil service and allowed officials who submitted incomplete or inaccurate information in their declarations to avoid any liability.
The launch of the system of electronic declaration of officials' income in Ukraine was one of the conditions for the International Monetary Fund to grant the country the third tranche. According to Ukrainian officials, the successful restart of the system gives grounds to believe that the issue of granting the country a tranche will be considered by the IMF as early as September.
However, despite overcoming the first difficulties, some norms of the current Ukrainian legislation may still hinder the positive effect of the introduction of electronic declaration and a real increase in the transparency of officials' activities.
Thus, civil servants are required to submit, among other things, information on income and property of their family members, and family members include persons "who live together, are bound by a common household, have mutual rights and obligations (except for persons whose mutual rights and obligations are not of a family nature)". Such a definition of the subject composition may unnecessarily narrow the circle of persons in respect of whom officials will be obliged to submit declarations.
In addition, according to Ukrainian legislation, if a family member of the declaration subject refuses to provide any information or part thereof for the declaration, the declaration subject is obliged to reflect this fact in the declaration. Checks of declarations of family members of officials are carried out by the National Agency for the Prevention of Corruption. However, the procedure of actions of the verification body, including the liability measures applicable to the civil servant in case the reason for failure to provide information in respect of a family member of the declaration subject is the same as in the case of a family member of the declaration subject.