NACP: Inspections, Consequences, and a Step-by-Step Guide for Declarants

Transparency and openness in the activities of public officials are fundamental principles of modern public policy in Ukraine. The electronic declaration system, introduced to combat corruption, has become an integral part of public administration. However, even experienced declarants face challenges during NACP inspections, and mistakes in filling out declarations can have serious consequences — both for careers and personal reputations. This article provides a detailed overview of how inspections work, the risks involved, and how to act to minimize potential negative outcomes.

1. What is an NACP inspection and who does it concern?

The National Agency on Corruption Prevention (NACP) is the body that monitors compliance with anti-corruption legislation, particularly through the inspection of officials’ declarations. These inspections apply to civil servants, local government officials, judges, prosecutors, heads of state enterprises, and other categories defined by law.

Types of inspections:

• Automated logical control – carried out immediately after the submission of a declaration using specialized software.
• Full inspection – conducted when risks are identified or upon request from citizens, organizations, or the media.
• Inspection upon request – initiated based on reports of potential violations.

2. How is a declaration inspected?

The process includes several stages:

1. Declaration analysis – automated systems check for formal errors, inconsistencies, or omissions.
2. Selection for full inspection – declarations with high risk indicators are selected (e.g., major discrepancies in income or assets).
3. Full inspection – NACP reviews all sections, compares information with public registries, and sends requests to banks, notaries, and other authorities.
4. Evaluation of the declarant’s explanations – if discrepancies are found, the declarant is invited to provide explanations and supporting documents.
5. Conclusion – a report is prepared detailing the nature and severity of any identified violations.
6. Criteria for assessing declaration data

NACP differentiates between:

• False information – discrepancies exceeding 100 living wages or failure to identify an asset or family member.
• Inaccurate information – discrepancies under 100 living wages where identification is possible.

⚠️ Important: Even minor inaccuracies can result in administrative liability, while major ones may lead to criminal charges.

4. Consequences of identified violations

4.1. Administrative liability
If the discrepancy ranges from 100 to 500 living wages, a fine is imposed. Other penalties may apply, such as for late submission.

4.2. Criminal liability
If the discrepancy exceeds 500 living wages, criminal liability arises under Article 366-2 of the Criminal Code of Ukraine. Penalties include fines, community service, restriction or imprisonment for up to 2 years, and bans from holding certain positions.

4.3. Disciplinary liability
May involve internal investigations, official reprimands, or dismissal.

4.4. Entry in the Corrupt Officials Register
Persons found guilty of corruption-related offenses are added to a public register, which may negatively impact future career opportunities.

5. Common mistakes made by declarants

• Incorrect asset valuation
• Unidentified real estate or vehicles
• Missing information about family members’ income
• Lack of supporting documents for income sources
• Errors in bank accounts, securities, or corporate rights data

6. What to do if you discover an error?

6.1. Correcting the declaration

• You may correct your declaration within 7 days after submission (up to 3 times).
• After this period, contact the NACP via your online account with explanations and supporting documents.

6.2. Providing explanations
If you receive a request from the NACP, respond promptly and include all relevant explanations and documents — this can significantly reduce the risk of penalties.

6.3. Preparing for inspection

• Double-check all data before submitting.
• Keep documentation on income sources, property, and expenses.
• Use the auto-fill function to avoid technical errors.

7. Action plan during an inspection
8. Respond promptly to NACP requests — ignoring them may lead to negative findings.
9. Stay calm and act prudently — take time to prepare your responses.
10. Consult with legal experts — complex cases require professional support.
11. Do not hide information — attempts to conceal facts will worsen the situation.
12. Keep a record of all your actions and communication with the NACP.
13. Why professional support matters

The inspection process involves many legal subtleties that are difficult to navigate without experience. Legal assistance helps to:

• Avoid common mistakes when completing declarations
• Timely prepare all necessary documents
• Defend your position effectively in case of disputes
• Reduce the risk of administrative or criminal liability

Many companies and officials rely on legal teams with hands-on experience in declaration and anti-corruption cases. Such support often becomes crucial in complex situations — especially during proceedings at the High Anti-Corruption Court (HACC).

9. Specifics of defense in the High Anti-Corruption Court

Cases involving false declarations are frequently heard at HACC. These proceedings require:

• In-depth analysis of evidence provided by NACP
• Precise formulation of declarant explanations
• Use of expert evaluations on property value or income sources
• Possibility to involve witnesses, experts, and specialists

Success in such cases heavily depends on careful preparation and the defense team’s experience.

10. Recommendations for declarants

• Start preparing your declaration well in advance — don’t leave it to the last minute
• Use official sources to verify data
• Keep all documents (bank statements, contracts, income certificates)
• Regularly participate in declaration training
• Always consult professionals — even if you’re confident, extra review helps

11. Conclusion

NACP inspections are not mere formalities — they are real instruments of accountability. Liability can be serious, so it is essential to act carefully, correct errors promptly, and seek professional assistance. In an environment of constant legal change and growing demands for transparency, working with experienced legal advisors can minimize risks and protect your interests.

Additional:
Below is a link to a video where WINNER Law Firm attorneys defend a client in the High Anti-Corruption Court of Ukraine.