ALEXANDROV&PARTNERS protected interests of a former public officer who was accused, without good reason, of committing a corruption administrative offence, namely of the failure to notify the National Anti-Corruption Agency of receiving income (in particular, the salary paid in connection with termination of his employment) under the procedure envisaged by Article 52 of the Law of Ukraine “On Prevention of Corruption”. However, the fact of obtaining such income was indicated by the Client in the electronic income declaration submitted before termination of employment.
This is not the first time when our Company is approached with such a problem by clients that hold or have previously held public office, and are accused of committing a corruption offense having specified the received income not in the notice of significant changes to the property status, but in the income declaration. In the opinion of ALEXANDROV&PARTNERS, in such cases the accusations of criminal offences are groundless, since in order to hold a person liable for committing such an offense, the person’s actions must show signs of corruption, in particular, deliberate intent to conceal funds and obtain unlawful benefit.
In the court, lawyers of ALEXANDROV&PARTNERS argued that indicating income in the electronic income declaration submitted before termination of employment proves that there is no such intent in actions of our Client.
The Pechersk District Court of Kyiv agreed with such a position, ruled that the Client was innocent of committing an administrative offence, and closed administrative proceedings.