Date of publication: 15 April 2019
Shevchenkivskyi District Court in Kyiv closed the proceedings against the Kyiv City Council Deputy Maksym Konobas “due to the absence of an offense in the deputy’s actions”. This was reported by the well-known international law firm Ilyashev & Partners, which represents the deputy’s interests.
Maksym Konobas met the requirements of law by reporting on a conflict of interest, and did not participate in the discussion and voting on the issue related to the company he has founded. Despite this, the National Agency for Corruption Prevention claimed that the deputy had no right to participate in the consideration and adoption of the plenary session agenda, and accused the Kyiv City Council Deputy of an offense under paragraphs 1 and 2 of Article 172-7 of the Code of Administrative Offenses.
“The court has correctly concluded that voting on the agenda is not a decision-making in the context of conflict of interest, since there is no contradiction affecting the objectivity or impartiality of decision-making. Unfortunately, this is not for the first time that the NACP – in pursuit of number of protocols – commits significant violations in their preparation”, – commented at Ilyashev & Partners on the court decision.
The court has actually set a precedent and defined the boundaries of conflict between the private interests of a person and his/her representative authority, in this case regarding the transfer to the company (founded by the deputy) of a land plot to run a food store and cafe.