Предмет злочину “Декларування недостовірної інформації”
The target of crime “Declaring the false information”

Summary/Abstract: The UN Convention against Corruption of 31 October 2003, in Article 8, “Codes of conduct for public officials”, states:In order to fight corruption, each State Party shall promote, inter alia, integrity, honesty and responsibility among its public officials, in accordance with the fundamental principles of its legal system.Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.Each State Party shall consider taking, in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who violate the codes or standards established in accordance with this article.In order to implement this Сonvention, the Law of Ukraine “On Prevention of Corruption” was adopted on October 14, 2014, No. 1700-VII. This Law establishes the obligation of public officials to provide declarations with information about extra-service activities, occupations, investments, assets and significant gifts or income that may lead to conflict of interests regarding their functions as public officials.Also Verkhovna Rada of Ukraine added the Criminal Code of Ukraine with the Article 366-2 “Declaring the false information”. This article provides the criminal liability for the іntentional submission by a declaring subject the inaccurate information to the declaration of a person authorized to perform the functions of the state or local selfgovernment, if such information differs from reliable in the amount of 500 subsistence minimums for able-bodied persons.The Law of Ukraine “On Prevention of Corruption” does not define the term “declaration of a person authorized to perform the functions of the state or local selfgovernment”, which complicates the establishment of the features of the crime “Declaring the false information”.Therefore, we propose the following definition of the stuff of the crime “Declaring the false information”, ie the declaration of a person authorized to perform the functions of the state or local self-government. This is the true information, which is filed by filling the appropriate form in the personal electronic office of the declaring entity in the Unified State Register of declarations of persons authorized to perform the functions of the state or local self-government, regarding income, gifts, cash assets, available financial liabilities, accounts of the declarant or his family members, expenses and agreements, part-time work, membership in organizations, etc. It is signed by affixing a personal qualified electronic signature and it is published on the official website of the National Anti-Corruption Agency.

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