Lifetime declaration does not mean lifetime checks: lawyer explains who the state will really control
29 November 22:16
EXCLUSIVE
The lifetime declaration for top officials introduced in 2023 does not mean that former officials will be checked continuously. Control after dismissal will depend on the risks and behavior of the person, not on the fact that he or she was once a top official. This was stated in an interview with the Kommersant Ukrainian YouTube channel by anti-corruption law expert and attorney Andriy Mazalov.
He explained that after dismissal, the risks of corruption are naturally reduced.
“When a person resigns from a position, he or she no longer has access to the government, to budget funds, to tenders. They become less interesting to law enforcement agencies,” he points out.
The main goal of lifetime declarations for top officials is to identify those officials who deliberately postpone spending their illicit income “until better times,” i.e., after they leave office.
“A person who stole money could simply wait until they were fired. The next day, he could buy houses, yachts, parades and start living the way he wanted. This will not work here. The state will watch how you behave after you leave office,” the lawyer emphasized.
Mazalov emphasized that the system does not track all former top officials, but only those whose financial behavior raises questions.
“If you started a business after your dismissal and earn more within reasonable limits, it’s okay. Everything should fit into a logical arithmetic algorithm,” he added.
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“Self-check” of declarations works only for 30%, while NACP checks for 120%, – Andriy Mazalov
Officials and declarants can independently assess their risks before submitting a declaration, but only professional lawyers can carry out a full-fledged check, such as the one conducted by the NACP. This was stated in an interview with the Kommersant Ukrainian YouTube channel by Andriy Mazalov, an anti-corruption law expert and attorney-at-law.
“You can check yourself – the effect will be 30%. You can check yourself with the help of a lawyer – this is 100%. You need to know that the NACP checks 120%,” he emphasized.
According to the lawyer, an independent check without professional tools and knowledge of the NACP’s algorithms often leaves out critical points.
At the same time, some lawyers and experts in anti-corruption legislation are actually imitating the full algorithm of the NACP’s verification: from analyzing registers to monitoring social networks.
“We do the same work as the NACP and investigative journalists. We check the client from all sides – registers, property, social networks, lifestyle, family,” the lawyer explained.
Professional verification takes three to four months, after which lawyers engage economic experts to make a final conclusion.
“We can explain all the wealth, involve experts and tell a person honestly: either you have a criminal record and are at risk, or you are a decent person and can sleep peacefully,” he summarized.
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