How can you use the tool?
In order to find "possible risks" for the declaring subject it is necessary:
1. to enter information about the subject in the search bar of the portal in the following order: [surname of the subject] [name of the subject]. For example: Zubenko Ivan.
2. to look at the cards of the subjects that the system will show and choose the person you were looking for;
3. to analyze the possible risks indicated in the card (if any), declarations submitted to the Unified State Register of Declarations (hereinafter - declarations), related parties and companies.
The same algorithm can be used to search for an enterprise (company). The company map also contains a list of persons, companies related to the company and tenders in which this company is the winner, starting in 2019.
Possible risks
The system contains 11 types of possible risks:
1. Conflict of interest in procurement. Algorithm for detecting tenders when a related company wins a tender in the agency where the declarant works;
2. The People's Deputy assistant is its close person. Algorithm for detecting persons appointed to the position of assistants of People's Deputies of Ukraine and who are its close persons;
3. Conflict of interest of judges. Algorithm for detecting possible conflict of interest of judges when making decisions in cases involving persons related to them;
4. Joint work of close people. Algorithm for detecting close people working in the same agency;
5. Conflict of interest of state performers. Algorithm for detecting connections of state executors with the debtor or debt collector;
6. Conflict of interest during state supervision (control). Algorithm for detecting connections of officials working in state supervision (control) agencies with the enterprise of the object of control;
7. Gifts. Algorithm for detecting risky gifts or other incomes;
8. Persons who are heads of legal entities. Algorithm for detecting declarants who are the heads of a legal entity;
9. Practicing law. Algorithm for detecting persons, subjects of monitoring, who have a certificate of the right to practice law, which is not stopped in the manner prescribed by law;
10. Arbitration manager. Algorithm for detecting persons, subjects of monitoring, who have a certificate of the right to engage in the activities of arbitration managers, which is not stopped in the manner prescribed by law;
11. Conflict of interests of deputies and officials of local government agencies. Algorithm for detecting matches of persons related to the deputy in the documents of the city council. Currently, the system finds risks only in the decisions of the city councils of Kyiv, Kharkiv and Odessa. To identify possible risks in the decisions of other councils, you can use the manual search "Check the document" (details in the relevant section of the instructions).
You can filter the risks in the "Menu" extension. This requires:
● to select "Possible risks" or click on the number "Possible risks have already been found by the system";
● to choose the type of possible risk. You can also use additional filters: "Region", "Position type", "Position category", "Responsible position", "Period", "Sort".
Important: each type of risk can have different additional filters. For example, if you select "Conflict of interest in procurement" an additional "Number of Links" filter appears. In the type of risk "Gifts" you can select "Type of gift". Then you need to click "Search". Next, the "Possible Risks" cards will appear. Then click the "Details" button and read the details of the risk.
Risk details
Each possible risk is tied to the person and contains a link to the source of information. For example, the risk "Conflict of interest in procurement" contains a link to the ProZorro tender.
By clicking on the name of the declarant, you can go to the person's card, which collects information about possible risks (if any), declarations, related to the declarant companies and persons. If you want to view an interactive infographic of possible risk links, click the “Details” button and then select the “Risk Visualization” button. Note that this feature is only available for certain types of risks.
Document verification
The system allows to find possible risks in deputies and officials of local governments. The algorithm detects matches of companies related to the deputy by comparing the documents of the city council with the database of the “Hidden Interests” portal.
In order to conduct an inspection, you need to select the region in which the inspection will be conducted, download the document (draft decision, decision of the council, commission, etc.) in machine-readable format (.txt, .pdf, .doc, .docx, .odt) and click the "Download and check" button.
Description of risks
1. Conflict of interest in procurement
The algorithm detects public procurement, based on the results of which an agreement is concluded with a company that has a relationship with the employee of the customer of goods/works /services.
In order to establish a person's violation of the requirements of the Law of Ukraine "On Prevention of Corruption" regarding the prevention and settlement of conflicts of interest, it is necessary
- to establish that the subject of monitoring, by virtue of its powers, participated in the selection of suppliers of goods/works/services, and concluded on behalf of the customer relevant agreements with legal entities, the founder / manager / ultimate beneficial owner of which is the subject itself, members of its family, or other persons who are connected with the subject of monitoring by extracurricular relations.
Such actions of the subject of monitoring may contain signs of committing administrative offenses related to corruption, the responsibility for which is provided by Art. 1727 of the Code of Ukraine on Administrative Offenses.
The user can independently establish who signed the contract with the related company on behalf of the customer by viewing the published contract in the electronic public procurement system ProZorro.
However, the “Hidden Interests” portal does not always provide information on the position of the monitored entity at the time of concluding the contracts, as well as the scope of its powers. In the absence of such information in open sources, inquiries should be made to the legal entity-customer of goods /works/services.
2. The People's Deputy's assistant is its close person
The algorithm detects relatives of People's Deputies of Ukraine appointed to the position of their assistants.
Appointment to the position of assistant to the People’s Deputy of Ukraine of its close person under a paid employment contract may contain signs of committing an administrative offense related to corruption, liability for which is provided by Art. 1727 of the Code of Ukraine on Administrative Offenses.
The user can independently establish whether the work of the assistant to the People's Deputy is paid by viewing the official information on the website of the Verkhovna Rada of Ukraine.
3. Conflict of interest of judges
The algorithm allows you to identify whether a conflict of interest is possible in judges when making decisions in cases involving legal entities related with them.
In order to establish a violation of the requirements of the Law of Ukraine "On Prevention of Corruption" regarding the prevention and settlement of conflicts of interest, it is necessary
- to establish the fact of consideration by a judge of a case involving a legal entity, the founder/head/ultimate beneficial owner of which is the judge himself, members of its family or other persons related to the judge out of court.
Important: not every relationship between a judge and a legal entity is a source of private interest as a mandatory component of a conflict of interest. Each situation is subject to a detailed analysis, during which it is necessary to investigate the nature of the relationship with the legal entity, its founders, managers, ultimate beneficial owners and whether such a relationship may be a source of private interest of the judge in deciding the case.
The purpose of such an analysis is to establish the fact that a judge makes decisions in favor of its private interest. Such actions of a judge may contain signs of committing administrative offenses related to corruption, the responsibility for which is provided by Art. 1727 of the Code of Ukraine on Administrative Offenses.
4. Joint work of close people
The algorithm detects close people working in the same body, which will help determine whether they are in a relationship of direct subordination.
To establish a violation by such persons of the requirements and restrictions provided for in Art. 27, 28 of the Law of Ukraine "On Prevention of Corruption", it is necessary
- to identify a situation where the subject of monitoring, holding a managerial position, makes a decision regarding a member of its family specified in the declaration, who works under the direct supervision of such subject of monitoring.
Important: to establish whether the requirements and restrictions provided for in Art. 27, 28 of the Law of Ukraine "On Prevention of Corruption" were violated is possible only after analyzing the documents that determine:
● the structure of the state body in which the subject of monitoring and a member of its family work,
● powers of the subject of monitoring and its family member, as well as decisions made by the subject of monitoring regarding its family member.
5. Conflict of interest of state performers
The algorithm aims to identify conflicts of interest in state executors during their enforcement of court decisions and decisions of other bodies.
In order to establish the violation by the state executor, which was detected by the system, of the requirements of the Law of Ukraine "On Prevention of Corruption" regarding the prevention and settlement of conflicts of interest during enforcement of court decisions and decisions of other bodies, it is necessary
- to establish the fact of exercise by such state executor of official powers in enforcement proceedings, where the debtor/collector is a legal entity founder/manager/ultimate beneficial owner of which is the state executor, members of its family, or other persons related to the state executor by extracurricular relations.
Important: not every relationship between a state executor and a legal entity is a source of private interest as a mandatory component of a conflict of interest. Each situation is subject to a detailed analysis, during which it is necessary to investigate the nature of such a relationship with the legal entity, its founders, managers, ultimate beneficial owners and whether such a relationship may be a source of private interest of the state executor during the decision-making process in the relevant enforcement proceedings.
The purpose of such an analysis is to establish the fact that the state executor makes decisions in favor of its private interest. Such actions of the state executor may contain signs of committing administrative offenses related to corruption, the responsibility for which is provided by Art. 1727 of the Code of Ukraine on Administrative Offenses.
6. Conflict of interest during state supervision (control)
The algorithm detects the connections of officials working in state supervision (control) bodies with business entities (objects of control).
In order to establish a violation by the subject of the monitoring working in a state supervision (control) body of the requirements of the Law of Ukraine “On Prevention of Corruption” regarding the prevention and settlement of conflicts of interest during state supervision, it is necessary
- to establish the fact of realization by such subject of official powers on supervision (control) concerning legal entities - subjects of entrepreneurial activity, the founder/head/ultimate beneficial owner of which is the subject of monitoring, members of its family, or other persons, related to the subject by extracurricular relations.
Important: not every connection of the subject of monitoring with the legal entity is a source of private interest as a mandatory component of the conflict of interest. Each situation is subject to detailed analysis during which it is necessary to investigate the nature of such a relationship with the legal entity, its founders, managers, ultimate beneficial owners and whether such a relationship can be a source of private interest of the subject of monitoring in exercising supervision (control).
The purpose of such an analysis is to establish the fact that the subject of monitoring makes decisions in favor of its private interest. Such actions of the subject of monitoring may contain signs of committing administrative offenses related to corruption, the responsibility for which is provided by Art. 1727 of the Code of Ukraine on Administrative Offenses.
The user can independently view the information on the conducted measure of state supervision (control), having followed the link to the website "Inspection portal" and to establish the information concerning which of officials of body of the state supervision (control) was authorized to carry out such measures.
7. Gifts
The algorithm can detect information about risky gifts received by the subject of monitoring.
The methodology for detecting violations by the subjects of monitoring of restrictions on receiving gifts has been developed on the basis of Methodical recommendations dated 02.04.2021 № 5 on the application of certain provisions of the Law of Ukraine "On Prevention of Corruption" regarding the prevention and settlement of conflicts of interest, compliance with restrictions on the prevention of corruption.
8. Persons who are heads of legal entities
The algorithm makes it possible to identify the subjects of declaration, which appear in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations by the heads of business entities.
To establish a violation, it is necessary
- to establish whether subjects of monitoring detected by the system really are the heads of business entities, as the algorithm works on the basis of open data by comparing the surname, name and patronymic of the subject of declaring a certain position, with the information contained in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations without using personal data of such subjects.
The user can additionally check the information detected by the "Hidden Interests" system using the open data services "Opendatabot", "Clarity Project"; “YouControl”.
9. Practicing law
The algorithm makes it possible to identify persons, subjects of monitoring, who have a certificate of the right to practice law, which is not stopped in the manner prescribed by law.
To establish a violation, it is necessary to establish
- whether subjects of the monitoring detected by the system really have a certificate of the right to practice law, which is not stopped in the manner prescribed by law, and whether such persons practice law (represent the interests of others, etc.).
The algorithm works on the basis of open data by comparing the surname, name, patronymic of the subject of declaring a certain position, with the information contained in the Unified Register of Lawyers of Ukraine without using personal data of such subjects to more accurately search and avoidance of coincidences.
10. Arbitration manager
The algorithm detects declarants who have a certificate of the right to engage in the activities of an arbitration manager, which is not stopped in the manner prescribed by law.
To establish a violation, it is necessary to establish
- whether subjects of the monitoring detected by the system really have a certificate of the right to carry out the activities of arbitration managers and whether such persons carry out the activities of arbitration managers.
It should be noted that the algorithm works on the basis of open data by comparing the surname, name, patronymic of the subject of declaring a certain position, with the information contained in the Unified Register of Arbitration Managers.
11. Conflict of interests of deputies and officials of local government agencies
The algorithm matches the names of companies associated with the deputies with the text in the decisions of city councils. Currently, the system finds risks only in the decisions of the city councils of Kyiv, Kharkiv and Odessa.
In order to establish a person's violation of the requirements of the Law of Ukraine "On Prevention of Corruption" regarding the prevention and settlement of conflicts of interest, it is necessary
- to check whether the algorithm really found a match of the legal entity related with the subject of monitoring, and not with the word in the text of the decision.
- to establish whether the subject of monitoring by virtue of its powers participated in the voting in favor of the legal entity related to the subject of monitoring;
- to establish whether the subject of monitoring has a private interest in this decision.