Anti-corruption program of SE Reintegration and Recovery

For employees of the State Enterprise “Reintegration and Restoration”

An authorized person on corruption prevention of the enterprise

Zemlianyi Mykola Dmytrovych

Phone: +38(044) 248-15-45 from 09.00 to 18.00

Conflict of interest and ways to resolve it

The main corruption risk and the one that we often encounter in our lives is a conflict of interests.

A conflict of interest is a contradiction between a person’s private interest and his official or representative authority.

Conflict of interest is divided into:

a potential conflict of interest is when there is a possible conflict between private interest and official duties;
a real conflict of interest is when a conflict between private interest and official duties has already occurred.

As practice shows, a potential conflict of interests always turns into a real one.

The main component of the conflict of interest is private interest, it can be both property and non-property.

It should be taken into account that private interest can affect or affects the objectivity or impartiality of decision-making, during the performance of official duties of a person.

On February 17, 2023, the State Enterprise “Reintegration and Recovery” approved the Procedure for the Prevention and Settlement of Conflict of Interests, which prescribes measures for how an employee of the Enterprise should act in the event of a conflict of interest.

The employee of the Enterprise must notify the head of the enterprise in writing about the existence of a conflict of interest no later than the next day after the occurrence of a conflict of interest.

After checking and confirming the employee’s conflict of interest, the head of the Enterprise makes a decision on the settlement of the conflict of interest in accordance with the adopted Procedure and the Law “On Prevention of Corruption”.

Consider an example:

A person is an employee of a state enterprise, and at the same time, in his spare time, he works as the head of a charitable institution, it can be a Public Association or a Charitable Foundation (hereinafter Public Organization).

It is clear that at the current moment, the Public Organization is most likely engaged in various types of activities to provide and help certain categories of citizens, which, among other things, are the statutory activities of the Enterprise.

There is already a potential conflict of interests that can develop into a real one.

A potential conflict turns into a real one when a person begins to use the Public Organization in any way for selfish purposes or begins to connect the activities of the Enterprise through the Public Organization. This can be financing of the Public Organization by third parties (donors), whose funds were directed to the activities of the Enterprise, appropriation of property from donors, whose assistance was aimed at a state enterprise or a state program. There can be many situations. Therefore, we suggest that you seek advice in time.

This can be both a written request for clarifications to the NAPC, and then please inform the director of the institution at the main place of work, and a request to the Commissioner for Anti-corruption of the Enterprise.

It must be understood that ignorance of the legislation does not exempt one from criminal, administrative, civil and disciplinary liability. Please contact us for advice at any time.

Additional Information

Understand your interests: Be aware of your own interests and make sure they do not conflict with responsibilities or influences that may affect your decision-making.
Recognize potential conflicts: Pay attention to situations where your personal interests may affect your ability to make objective decisions. For example, if you have a financial interest in a particular business, this may affect your objectivity in assessing risks.
Maintain transparency: Avoid situations where you keep a conflict of interest secret. Always disclose to your authority or management any potential conflicts of interest that may affect your work or decision-making.
Comply with rules and policies: Listen to and follow the relevant rules and policies established by your organization. These may be restrictions on financial investments, participation in certain agreements or acceptance of gifts from third parties.
Ask for help: If you are in doubt about a possible conflict of interest or are not sure how to identify or avoid it, do not hesitate to ask for help. Contact your management, legal department or anti-corruption officer for advice and guidance.
Adhere to professional ethics: Do not use your position or the organization’s resources for personal gain. Remember your professional duties and responsibilities to the organization, customers or stakeholders.
Ensure independent evaluation: Avoid situations where your role in one process may overlap with your role in another process, which could create a conflict of interest. For example, if you are responsible for purchasing goods, avoid making purchasing decisions from your personal business partners.
Be honest and transparent: If you identify a conflict of interest or a potential situation that may create one, be honest and transparent. Notify the relevant parties and try to find a solution that is fair and resolves the conflict of interest.

Remember, a conflict of interest can damage your reputation, affect your relationships with other people, and even lead to legal problems. Therefore, always watch your actions and strive to act in the interests of justice and objectivity.

Procedure-Conflict-of-interest.pdf

Which of the legal entities under public law must submit declarations

The law on the restoration of declaration significantly reduced the number of declarants in state and communal enterprises, establishments, institutions, organizations – legal entities under public law.

According to the clarification of the NAPC, the declarants from the number of officials of legal entities under public law (UOPP) include:

heads and members of the supervisory board, board of directors, executive body, termination commission (reorganization commission, liquidation commission);
liquidator;
head, deputy head;
chief accountant;
corporate secretary;
a person who exercises the powers of a sole executive body and his deputies;
members of another management body (except the advisory one).

That is, only top officials remained declarants in the YUOPP. All others should no longer submit declarations of any kind (including declarations upon dismissal and annual declarations for 2021, 2022, 2023), in particular:

heads of the lower hierarchical level (structural units);;
other employees of YUOPP who have the authority to perform organizational and management or administrative and economic functions;
heads of procurement units.

If the YUOPP employee is a declarant in another position/status defined in Art. 3 of the Law (for example, he is a deputy of the local council), then he is obliged to submit all the declarations provided for by the Law.

Declarations, which during the martial law were voluntarily submitted by persons who, as of October 12, 2023, are no longer subjects of declaration, are kept in the Register of Declarations for five years.

However, the last declaration submitted by such a person will be kept indefinitely. Removal of such declarations before the expiry of the 5-year term is not provided for by the current legislation.

Source: official website of NAPC

Anti-corruption line and contact information for whistleblowers to report corruption

Information about corruption can be reported:

By e-mail: dprv@minre.gov.ua;

By phone: +38(044) 248-15-45 (from 09.00 to 18.00);

At a personal contact with the Commissioner for Anti-Corruption Activities.