Analysis of the draft law:
Greetings. As a lawyer specializing in anti-corruption legislation, I have analyzed the submitted draft amendments to the Law of Ukraine “On Prevention of Corruption.” A detailed breakdown of the document is presented below.
1. Essence of the draft law
This draft law aims to amend the procedure for restoring public access to the declarations of persons authorized to perform the functions of the state or local self-government after the termination of martial law. The core idea is to introduce a one-year transition period for opening access to the declarations of specific categories of declarants whose data was previously removed from public access. Thus, the draft law does not cancel future disclosure, but merely postpones it for 12 months after the termination of the martial law regime.
2. Structure and main amendments
The draft introduces adjustments to Clause 2-11 of Section XIII “Final Provisions” of the Law. Structurally, the document retains the mechanism for removing declarations from the Register upon the request of the relevant heads of bodies, but significantly changes the algorithm for their return to the public domain:
- Compared to the current version: while previously public access was to be restored automatically “from the day following the day of termination or cancellation of martial law,” the new version establishes a deferred term — one year after the termination or cancellation of such a regime.
- Exclusion of martial law timeframes: the explicit link to the specific date of the introduction of martial law (February 24, 2022) has been removed from the text, making the provision more universal for the period of the martial law legal regime as a whole.
3. Important provisions for stakeholders
For various influence groups, this project has the following significance:
- For legislators and experts: The change demonstrates the state’s intention to balance the principle of transparency with security concerns for individuals involved in performing state functions during a difficult period. The appearance of a “one-year lag” indicates that risks which may persist for some time after the end of hostilities have been taken into account.
- For business and citizens: This is a key provision regarding access to information. The public and the business community, who use the data of the Register of Declarations to verify the integrity of officials and counterparties, should keep in mind that information about designated categories of persons will remain “closed” for longer than previously expected.
- For state bodies: The draft reinforces the stability of the mechanism for removing declarations. Heads of government bodies continue to bear responsibility for submitting petitions regarding the restriction of access to the declarations of their subordinates, however, the procedure for their disclosure in the future becomes more predictable and extended over time.
Analysis of the explanatory note:
Greetings. As a lawyer with many years of experience, I have analyzed the document you provided. Here is a professional overview of this draft law:
1. Essence of the draft law
The draft law proposes to postpone for one year the opening of public access to the declarations of military personnel and other persons involved in the defense of the state after the official end of martial law. This does not cancel the obligation to submit declarations, but merely establishes a “transition period” for disclosing information about the property and finances of these persons in the public register.
2. Reasons and necessity of adoption
According to the authors from the Ministry of Defense, the key factor is security. The legislators proceed from the premise that even after the termination of the legal regime of martial law, the state will continue to function under conditions of a “special period,” and the threat from the aggressor will not disappear instantly. The publication of personal data (residential addresses, family composition, assets) of military personnel, intelligence officers, and law enforcement officers who have directly opposed the enemy can be used for identification, pressure, blackmail, or even physical retaliation against them and their families.
3. Main consequences for society and the state
When speaking about the practical significance for various groups, the following should be highlighted:
- For military personnel and their families: This is a significant protection mechanism against enemy “information reconnaissance.” The risk that enemy intelligence services will use open declaration data for sabotage or psychological pressure on defenders is significantly reduced.
- For business and anti-corruption activists: It is important to understand that transparency is not cancelled, but only postponed. That is, control over the assets of officials and military officers remains, but it becomes “non-public” for a certain period. This is a compromise: anti-corruption control is preserved but does not become an instrument in the hands of the enemy.
- For legislators and experts: This is an attempt to maintain a balance between European integration requirements regarding government transparency and the realities of wartime. The main consequence is that the state acknowledges that even after victory, for a certain period of time, individuals who were “on the front line” of defending the country will require additional protection of private information.
- For state bodies: This removes the additional burden regarding security risks associated with the mass disclosure of data of thousands of military personnel immediately after the cancellation of martial law.
In summary: the document is preventive and protective in nature. It is a purely security-driven decision that attempts to integrate democratic transparency standards into the conditions of a prolonged armed conflict.
Analysis of other documents:
Analysis of the draft law regarding changes in the sphere of corruption prevention
1. Position of the document’s author
The Cabinet of Ministers of Ukraine, as the subject of legislative initiative, fully supports this draft law, acting as its official initiator. The Government justifies the necessity of adopting these changes as part of a state strategy to streamline access to anti-corruption registers under conditions of ongoing martial law.
2. Main provisions of the document
To put it simply, this draft law concerns the rules of “closed” or “open” status of officials’ declarations during the war. Here is what to pay attention to:
- Extension of access restriction: The key change consists of establishing a clear time barrier. The Government proposes to consolidate a norm according to which the NACP (National Agency on Corruption Prevention) ensures open access to declarations not immediately after victory or the cancellation of martial law, but only one year after its end.
- Regulation of NACP powers: The draft law explicitly indicates that the National Agency on Corruption Prevention continues to administer the declaration register, but with consideration for the aforementioned “one-year pause” for public access.
- Legal status of declarations: For business and citizens, this means that information about the property status of persons authorized to perform state functions will remain in a restricted access mode (or special verification procedure) for a longer period than previously intended. This is a kind of “protective period” after the end of emergency conditions.
From a legal point of view, these changes are aimed at strengthening security aspects for declarants and their family members, however, they significantly postpone full transparency of officials’ income for the public and anti-corruption bodies in the public sphere after the end of hostilities.
