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Weekly analytics for 9 – 15 of August

18.08.2022

Political Points of the Centre of Policy and Legal Reform include a weekly expert analysis of the most important process in Ukraine in areas of constitutionalism, political parties and elections, governance a

Political Points of the Centre of Policy and Legal Reform include a weekly expert analysis of the most important process in Ukraine in areas of constitutionalism, political parties and elections, governance and public administration reform, judiciary, combating corruption, criminal justice, etc.

If you want to receive expert Points for the last week of the current month every Tuesday by mail, please send an e-mail to media@pravo.org.ua.



Public servants were allowed to engage in other paid work and business: under what circumstances?


Event

On August 3, Law № 2318-IX “On Amendments to the Law of Ukraine “On Prevention of Corruption” regarding the peculiarities of application of legislation in the area of corruption prevention under martial law” of July 8, 2022 entered into force. According to this law, during the period of martial law, civil servants (except those assigned to “A” category) and officials of local self-government (except those whose positions are assigned to the first – third categories) were allowed to engage in other paid or business activities, if they are on leave without pay or on furlough.

This is possible if their employment contracts, civil law contracts for the provision of services, or entrepreneurship agreements are entered into with legal entities of private law or individual private entrepreneurs who were not subject to control or oversight (including through drafting or issuing relevant decisions on their activities) by the civil servants or local self-government officials in question during the last year.

Such officials are required to stop engaging in other paid work (excluding teaching, scientific and creative activities, medical practice, and coaching and refereeing practice in sports) or business activities within 15 working days from the day of furlough termination or the end of their leave without pay. During these 15 working days, they are prohibited from receiving any income (remuneration, etc.) in connection with the conduct of business activities.

CPLR’s assessment

The experts of the CPLR positively assess these legislative amendments. Under conditions of martial law, there were cases in practice when public servants, while being on leave without pay or furlough, were left without means of subsistence. This was particularly the case if they did not have the appropriate education and opportunities to engage in teaching, scientific and creative activities, medical practice, or coaching and refereeing practice in sports. These were the only types of activity that the legislation allowed to combine with public service. Other types of paid work and entrepreneurial activities were prohibited for public servants.

Given the martial law, these amendments in the legislation will allow civil servants of categories “B” and “C” and local self-government officials of the fourth to seventh categories to take financial care of themselves and their dependent family members. These are precisely the categories of positions held by public servants who, under martial law, are on leave without pay or furlough.

At the same time, in our opinion, these legislative amendments should also include the condition that public servants during their leave without pay or furlough may not be located in the temporarily occupied territory, the territory of the Russian Federation, or the territory of the Republic of Belarus. This condition would guarantee the absence of any possibility of their collaboration with the enemy.