LAW OF UKRAINE

of May 17, 2012 No. 4711-VI

About modification of some legal acts of Ukraine in connection with adoption of law of Ukraine "About the principles of prevention and anti-corruption"

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Labor code of Ukraine (The sheet of the Supreme Council of USSR, 1971, appendix to No. 50, the Art. 375):

1) in Article 36:

add part one with Item 7-1 of the following content:

"7-1) introductions in legal force of the judgment according to which the worker is made responsible for corruption offense";

after part one to add with new part of the following content:

"In the cases provided by Items 7 and 7-1 of part one of this Article, person is subject to dismissal in three-day time from the date of obtaining by public authority, local government body, company, organization, organization of the copy of the corresponding judgment which took legal effect".

With respect thereto second and third to consider parts respectively parts three and the fourth;

2) in Article 41:

add part one with item 4 of the following content:

"4) stay contrary to requirements of the Law of Ukraine "About the principles of prevention and anti-corruption" in direct subordination at close person";

add with part four of such content:

"Agreement cancelation in case, stipulated in Item 4 parts one of this Article, is carried out if it is impossible to translate the worker in its consent to other work".

2. In the Law of Ukraine "About militia" (Sheets of the Supreme Council of USSR, 1991 No. 4, Art. 20 with subsequent changes):

Article 17 to state 1) in such edition:

"Article 17. Acceptance on service in militia

In militia citizens of Ukraine who reached 18-year age (except the cases established by the legislation) are employed on contractual basis, have the complete general secondary education, know state language, capable on the personal, business and moral qualities, physical training and the state of health, to carry out the tasks assigned to militia. In case of acceptance on service in militia testing for up to one year can be established.

Concerning persons who apply for service in militia in their written consent special inspection according to the procedure, established by the Law of Ukraine "About the principles of prevention and anti-corruption" is carried out.

Persons who apply for service in militia before appointment to the corresponding position submit in the place of future service the declaration on property, the income, expenses and obligations of financial nature, in form and according to the procedure, established by the Law of Ukraine "About the principles of prevention and anti-corruption", and shall report to management of body in which for position they apply, about persons close to them working in this body.

Employees of militia cannot have in direct subordination or to be directly subordinate in connection with accomplishment of powers to persons close to them.

In case of circumstances which violate requirements of part four of this Article, the corresponding faces persons close to them, take measures concerning elimination of such circumstances in fifteen-day time. If in the specified time these circumstances voluntarily are not eliminated with them, the corresponding persons or persons close to them from the date of emergence of circumstances are subject in a month to transfer in accordance with the established procedure to other position which excludes direct subordination.

In case of impossibility of such transfer person who is under supervision is subject to dismissal from service.

Employees of militia are forbidden to take part in work of collegiate organs during consideration of questions concerning position assignment of persons close to them and in any other method to influence adoption of such decision.

Recruits are not subject to acceptance on service in militia, except persons who are accepted on training in higher educational institutions of the Ministry of Internal Affairs of Ukraine.

Person who has not extinguished or not removed criminal record for crime execution, except rehabilitated or on which within the last year administrative punishment for making of corruption offense was imposed cannot be employed in militia.

Employees of militia take the oath which text affirms the Cabinet of Ministers of Ukraine.

Note. The terms "direct subordination" and "close person" are used in the values given in the Law of Ukraine "About the principles of prevention and anti-corruption";

2) in Article 18:

the eleventh to state part in such edition:

"Employees of militia are forbidden to be engaged in any types other paid (except teaching, scientific, creative activities, medical practice, instructor and judicial practice for sport) and business activity, and also to organize strikes or to take part in them";

add with parts twelve - the fifteenth such content:

"Other requirements and restrictions established by the Law of Ukraine "About the principles of prevention and anti-corruption" extend to employees of militia.

The code of professional ethics and behavior of employees of militia affirms the Minister of Internal Affairs of Ukraine.

Employees of militia shall submit annually till April 1 on the duty station the declaration on property, the income, expenses and obligations of financial nature for last year in form and according to the procedure, established by the Law of Ukraine "About the principles of prevention and anti-corruption".

The employees of militia made responsible in case of crime execution or administrative corruption offense leave from service in three-day time from the date of obtaining by relevant organ of internal affairs of the copy of the corresponding judgment which took legal effect";

To add 3) with Article 18-1 of such content:

"Article 18-1. Settlement of conflicting interests

In case of conflict of interest during execution of office powers the employee of militia shall report on it on the immediate superior immediately. The immediate superior of the employee of militia shall take all necessary measures directed to prevention of conflict of interest by the order of accomplishment of the corresponding office task to other official, personal accomplishment of office task, or otherwise, stipulated by the legislation.

Note. The term "conflict of interest" is used in the value given in the Law of Ukraine "About the principles of prevention and anti-corruption".

3. In the Law of Ukraine "About prosecutor's office" (Sheets of the Verkhovna Rada of Ukraine, 1991 No. 53, Art. 793 with subsequent changes):

Shall be replaced with words 1) in the name and part one of Article 10 of the word "on fight against crime" "concerning counteraction of crime and corruption";

2) in Article 46:

after part three to add with two new parts of such content:

"Concerning persons applying for holding the post of the prosecutor or investigator of prosecutor's office in their written consent special inspection according to the procedure, established by the Law of Ukraine "About the principles of prevention and anti-corruption" is carried out.

Persons who apply for holding the posts in bodies of prosecutor's office before appointment to the corresponding position submit in the place of future service the declaration on property, the income, expenses and obligations of financial nature in form and according to the procedure, the established Law of Ukraine "About the principles of prevention and anti-corruption", and shall report to management of body in which for position they apply, about persons close to them working in this body".

With respect thereto the fourth - the seventh to consider parts respectively parts six - the ninth;

the ninth to state part in such edition:

"Person having not extinguished or not removed criminal record for crime execution except rehabilitated or on which within the last year administrative punishment for making of corruption offense was imposed cannot be accepted to position of the prosecutor or investigator of prosecutor's office";

add with parts ten and the eleventh such content:

"Other restrictions established by the Law of Ukraine "About the principles of prevention and anti-corruption" extend to prosecutors and investigators of prosecutor's office.

Prosecutors and investigative prosecutor's offices shall submit annually till April 1 on place of employment (service) the declaration on property, the income, expenses and obligations of financial nature for last year in form and according to the procedure, established by the Law of Ukraine "About the principles of prevention and anti-corruption";

3) in Article 46-2:

in part two:

in paragraph one of the word "can be dismissed" shall be replaced with words "are subject to dismissal";

add with Items 7 and 8 of the following content:

"7) introductions in legal force the judgment according to which the worker is made responsible for administrative corruption offense;

8) in case of impossibility or lack of consent to transfer into other position in connection with direct subordination to close person";

add with part three of the following content:

"The prosecutors or investigators of prosecutor's office made responsible in case of crime execution or administrative corruption offense quit the job (service) in three-day time from the date of obtaining by relevant organ of prosecutor's office of the copy of the corresponding judgment which took legal effect";

To add 4) with Articles 46-3, 46-4 and 48-1 of the following content:

"Article 46-3. Restriction concerning work of close persons

The prosecutor or the investigator of prosecutor's office cannot have in direct subordination or to be directly subordinate in connection with accomplishment of powers to persons close to them.

In case of circumstances which violate requirements of part one of this Article, the corresponding faces persons close to them, take measures concerning elimination of such circumstances in fifteen-day time. If in the specified time these circumstances voluntarily are not eliminated with them, the corresponding persons or persons close to them from the date of emergence of circumstances are subject in a month to transfer in accordance with the established procedure to other position which excludes direct subordination.

In case of impossibility of such transfer or lack of consent to it person who is under supervision is subject to dismissal from work (service).

The prosecutor or the investigator of prosecutor's office is forbidden to take part in work of collegiate organs during consideration of questions concerning position assignment of persons close to them and any different way to influence adoption of such decision.

Note. The terms "direct subordination" and "close person" are used in the values given in the Law of Ukraine "About the principles of prevention and anti-corruption".

Article 46-4. Settlement of conflicting interests

In case of conflict of interest during execution of office powers the prosecutor or the investigator of prosecutor's office shall report on it on the direct head immediately. The direct head shall take all necessary measures directed to prevention of conflict of interest by the order of accomplishment of the corresponding office task to other official, personal accomplishment of office task, or otherwise, stipulated by the legislation.

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