The Cabinet of Ministers of Ukraine has endorsed the Draft Law "On Amendments to the Law of Ukraine "On the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes" regarding the grounds for imposing disciplinary action on employees of the National Agency".
This document was prepared under the initiative of the ARMA Head Olena Duma and in pursuance of the State Anti-Corruption Program for 2023-2025.
The new regulations change the basis and procedure for prosecuting the National Agency's employees and introduce separate grounds for imposing disciplinary action on employees of the ARMA (except for category A civil service positions).
The grounds for disciplinary action will be:
- intentional or negligent violation of the established procedure for determining the asset manager;
- violation of the established procedure for checking the management efficiency of seized assets transferred by ARMA for management;
- non-responsiveness or violation of the established procedure for responding to the information received and/or the established facts of inappropriate asset management or attempts to alienate assets by the manager;
- unlawful disclosure of restricted information that became known to the employee in connection with the performance of his/her duties;
- other grounds provided for by the Law "On Civil Service" for ARMA employees who are civil servants and the Labor Code of Ukraine.
The innovations provide that a Disciplinary Commission is established to consider the application of disciplinary sanctions to the Agency's employees. Its staff and Regulations are approved by the Head of ARMA. It is this working body that will decide on the presence or absence of a disciplinary offense in the actions of an employee of the National Agency and the grounds for imposing disciplinary action, with the determination of the recommended type of disciplinary sanction.
Adoption of the relevant amendments will eliminate a number of gaps and corruption risks in the Agency's activities.
