Rusaiev A. Substantiation of false information declaring by NABU detective unit’s official

Thesis for the degree of the Doctor of Philosophy in Law, major 081 – Law. – National Academy of Internal Affairs, Кyiv, 2023. Thesis formulates theoretical background and proposals to amend criminal procedure laws, practical recommendations are introduced regarding investigation of false information declaring. It has been established that circle of officials subject to property and income declaring varies widely in global scope. These may include: political representatives (head of the state, head and members of government, members of parliament), representatives of other government branches (public officials of various ranks, judges, prosecutors, heads of state-owned enterprises, law enforcement agencies, etc.). Currently there are functioning unified international standards on the income declaration mechanism. Each state is entitled to determine the circle of declaration subjects and the body (bodies) responsible for corruption prevention. It has been proven that decision of the Constitutional Court of Ukraine № 13-р/2020 was insufficiently substantiated and adopted under the conflict of interests. Recognition of the requirement to declare false information as unconstitutional was illegitimate and inadmissible as one hindered the idea of countering corruption via ensuring transparency of the assets owned by individuals authorized to perform the functions of the state and local self-government. In relation to the abomentioned Article 366-1 of the Criminal Code of Ukraine was excluded and the Code was supplemented by Article 366-2 "Declaration of false information", envisaging liability for the deliberate declaration of false information by the subject authorized to perform the functions of the state or local self-government, and Article 366-3 "Failure to submit the declaration of a person authorized to perform the functions of the state or local self-government by the subject" (outlines liability for the intentional failure to submit the required declaration).