Certificate of No Corruption Offenses: how to obtain it and why it is needed
In certain situations, legal or natural persons need to confirm facts about their legal status. In Ukraine, the Law of Ukraine “On Prevention of Corruption” is in effect, which provides for the necessity for certain entities to confirm the absence of corruption offenses. A certificate of no corruption offenses is an official document that confirms that a natural or legal person has no criminal record for corruption-related crimes. How to obtain such a certificate and what it is used for — let’s take a closer look in this article.
According to the legislation, a certificate of no corruption offenses is required in the following cases, namely:
- to participate in public tenders and procurements;
- for obtaining licenses and permits for business activities;
- for employment in civil service or local self-government bodies;
- for enrollment in state-funded education;
- to obtain a visa for entry into certain countries;
- to verify data about individuals who are candidates for positions related to the functioning of the state or local self-government;
- law enforcement authorities may request it if information is needed in criminal or administrative proceedings.
The certificate is issued by the specially authorized body — the National Agency on Corruption Prevention (NACP) — in accordance with the Procedure on the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses.
The Procedure on the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses and the rules for its formation and maintenance was approved by NACP Decision No. 166 of 09.02.2018 and registered with the Ministry of Justice on 21.03.2018 under No. 345/31797.
This Register displays information about natural persons who have been held criminally, administratively, disciplinarily, or civilly liable for corruption offenses, and legal entities to which criminal-law measures have been applied in connection with such offenses.
What information is shown in the Register?
The Register contains the following data:
- Regarding a natural person who was held liable for a corruption or corruption-related offense:
- full name;
- place of work and position at the time of the offense;
- details of the offense;
- type of punishment (penalty);
- method of committing the disciplinary corruption offense;
- type of disciplinary action;
- Regarding a legal entity subject to criminal-law measures:
- name;
- legal address, code in the Unified State Register of Legal Entities and Individual Entrepreneurs;
- details of the offense due to which criminal-law measures were applied;
- type of applied criminal-law measures.
Types of information from the Register
Information from the Register is provided in the form of an extract from the Register and an informational certificate.
The informational certificate can be generated by any user online.
The Register is free of charge, easy to use, and accessible 24/7 through the official NACP website.
The use of electronic document management enables both individuals and legal entities to quickly and conveniently obtain an informational certificate using a QES (qualified electronic signature).
An informational certificate for legal entities is generated based on the data indicated in the QES of the legal entity by searching in the Register using the entity’s name, registration code in the Unified State Register, or identification code of a foreign legal entity (for non-residents).
An informational certificate for individuals is generated based on the personal data (full name) and taxpayer registration number provided in the individual’s QES.
If an extract from the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses is required to confirm your status, you or your representative (a lawyer or attorney) may submit a written request to a registrar of the National Agency on Corruption Prevention (any structural unit of NACP) to receive it within seven business days. The written request must include a copy of your passport, consent for personal data processing, and a notarized power of attorney authorizing the representative.
For more detailed legal advice, you can contact a law firm in Ukraine — the legal company “First Legal” by filling out the application form on our website or simply calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89