Secret agents
This chapter includes examples how the NACP allowed not to submit declarations to more than 30,000 officials. Namely: employees of the SBU and military prosecutors. This actually makes it impossible to punish them for the lie in declarations.

Because e-declarations of these officials are seen only by employees of the NACP or its departments, which do not bear any threat to them. Some, using their position, are trying to remain "secret agents" in other positions. And the NACP completely ignores this avoidance from submitting declarations.
Closed eyes for not submitting the declaration by the head of Zaporizhzhya Regional State Administration
The head of Zaporizhzhya region Kostyantyn Bryl, despite the direct demand of the law, for some reason decided not to submit the declaration on income in 2015. Before appointment to this position, he held the position of the SBU counterintelligence officer. Thus he wanted to release himself from submitting the declaration later.

Activists sent the appeal to the NACP with the request to verify the legitimacy of actions of the official. The department stated that they did not have any claims regarding Bryl, but confirmed that he held two positions (the head of the Regional State Administration and the employee of the SBU). This is the violation of the law.

Only after lawsuits and appeals from activists to the President, as well as constant public pressure, Bryl was dismissed from the SBU and, at the same time, he submitted the declaration. It turned out that Bryl is quite wealthy person, as for the person who has worked in state bodies all the time.

However, the head of Zaporizhzhya Regional State Administration submitted not all his assets in the declaration. Later, journalists found that Bryl hid 5 luxury vehicles. Also, he spent on vacations and studying of his children as much as the dollar millionaire usually spends.
Ignored not submitting the declaration by the head of Donetsk Regional State Administration
Kostyantyn Bryl has certainly become the excellent example how to avoid submitting the declaration under the mask of the SBU "secret agent".

Inspired by Bryl's impunity, the head of Donetsk Regional State Administration Oleksandr Kuts decided to ignore submitting the declaration in the same way.

He was the head of the SBU's Department in Donetsk and Luhansk regions until June 22, when he was dismissed by the Presidential decree. However, Kuts can still remain in the SBU's ranks and obviously uses it in order not to submit the e-declaration.

In June 2018, Petro Poroshenko signed the decree on appointment of the SBU's General Oleksandr Kuts as the head of Donetsk Regional State Administration. However, Kuts did not submit the e-declaration before the appointment, which is the gross violation of the law.

Since June 2019 the NACP does not take any measures, despite repeated appeals from activists, regarding the non-submission of declaration by Kuts.
Release of employees of the SBU from submitting declarations
In August 2016, the NACP launched the electronic declaration system, but did not specify the special procedure for submitting declarations for persons whose positions are state secrets.

The law grants the right for the special procedure for submission and disclosure of declarations exclusively to those SBU employees whose main function is to conduct operative and search, counterintelligence and intelligence activities.

Thus, the head and deputies of the SBU, heads of units of the Central Administration, their deputies and heads of regional bodies of the SBU, their deputies, as well as ordinary investigating services, should submit declarations in the general order. Moreover, all these officials should now be brought to responsibility for not submitting declarations to the register. However, the NACP closes its eyes to this fact.

Already after the launch of the electronic register of declarations of the NACP in October 2016, the SBU illegally introduced its own system for submitting and storing electronic declarations of all its employees.

The deputy head of the SBU, Vadym Poyarko informed employees of the service in the form of the letter that their declarations were made secret and their own system for submitting them was created. After that, all employees of the SBU (those whose positions are really secret and those who are absolutely public) submitted declarations to the SBU system, and not to the NACP's register. This happened four days before the deadline for submitting declarations to the register established by the law.

The NACP withdrew themselves from the development of necessary declaration procedure for secret employees and, in fact, transferred their functions to the SBU.
Now, the scheme of concealment of declarations, created by the SBU and "accepted" by the NACP, can be used by any state body which has some secret employees, namely from the National Police to the NSDC or the State Fiscal Service.

In 2017, the Anti-Corruption Action Center filed the lawsuit against the SBU regarding the classification of information of its employees in declarations. In January 2018, the Administrative Court of Appeal of Kyiv approved the right not to submit declarations for the leadership of the SBU. The AntAC sent the appeal to the Supreme Court, which withdrew itself from the declassification of declarations.

The Supreme Court cancelled the decision of lower courts regarding the legality of classifying declarations of the SBU leadership and the submission of such declarations into their own closed system of unknown origin. However, instead of forcing the SBU to submit open declarations in accordance with the law, the court returned the case in this part for the new consideration.
Illegal concealment of military protectors' declarations
In April 2017, analysts wrote that more than 200 e-declarations of employees of the Prosecutor General's Office and military prosecutors disappeared from the NACP's register. In July 2017, Chief Military Prosecutor Anatoliy Matios confirmed that he "hid" 72 declarations of his subordinates.

The AntAC found that on March 31, 2017, Matios signed the decision on application of special security measures regarding some prosecutors by "prohibiting of issuance and seizure of information about them by state authorities", including the NACP.

Matios and the PGO explained this decision as the threat for prosecutors due to the conflict with Russia. However, the property declarations of prosecutors do not contain any information the disclosure of which may threaten their safety. Bacause:
personal data is not published in the register
positions and names of prosecutors are public anyway. They can be found in court decisions
before the decision was adopted, all declarations had already been publicly available; anyone could copy them or download the NACP's data
The NACP fulfilled this absurd decision. And it removed from the public part of the register the number of declarations of military prosecutors, although it didn't have enough authority to do this.

After the disappearance of e-declarations from the register, activists of Automaidan wrote about inaccuracies and "white spots" in the declaration of Anatoliy Matios' henchman – the deputy chief Military Prosecutor Dmytro Borzykh. But it is not possible to establish facts of submitting false information in declarations or illicit enrichment today due to the fact that there is no access to the declaration of Borzykh.

The AntAC tried to recognize the illegal concealment of e-declarations of military prosecutors in the court. However, in December 2018, after 2 years of courts, the Supreme Court upheld decisions of courts of previous instances and allowed the concealment of military prosecutors' declarations. The AntAC sent the appeal to the European Court of Human Rights.
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