Extension of Submission No Esches

With the amendment submitted to the draft law in Parliament Issues related to the submission of statements of assets and financial interests are regulated and, among other things, are extended until the specified date (12/31/2024)The deadline for submitting the declarations mentioned above is preliminary according to the specified conditions, as well as annual for the years 2023 and 2024.

A- An explanatory report

The “identity” of the order evaluated

1. What issue does the regulation under evaluation address?

Article 1: The proposed regulation provides an exception to the deadlines specified in the first and fourth paragraphs of paragraph 1 of Article 18 of Law 5026/2023 (A’ 45), regarding the time for submitting the statement of assets, and in Article 23 of the Law. Ministerial Resolution No. 5026 of 2023 regarding the declaration of financial interests

The exception becomes necessary to facilitate the safe transition to the system introduced by Law 5026/2023, in terms of the method of submitting Declarations of Status of Assets (DPK), Declarations of Financial Interests (DOS), and on the other hand to ensure the smooth operation of the new electronic platform for submitting DPK and DOS, without problems from This would create additional procedural burdens on the director or interpretive doubts about the validity of the declarations.

In addition, the proposed regulation contains a special provision for initial (with acquisition of status as of 28.2.2023) and annual (2023, fiscal year 2022) declarations of responsible persons under Article 4 of Law 5026/2023, as well as for the initial declarations of 2023 and 2024 for other obligors to Law 5026/2023, for which guarantees of transparency and legal certainty are provided.

2. Why is it a problem?

Article 1: Law 5026/2023 introduced a different mechanism in terms of how DPK and DOS are submitted, with enhanced interoperability and simplified procedures that make the submission of declarations by responsible persons easy, fast and secure on the one hand, and on the other hand, direct and effective control of declarations by Competent oversight bodies.

Specifically, according to Article 21, paragraph 1, of Law 5026/2023, the DPK is provided exclusively electronically, through the only electronic application www.pothen.gr, which can be accessed through the only digital portal of the Public Administration (EPS-gov. gr), to the Audit Committee and is subject to electronic processing by an independent private party. Database. One of the innovations of Law 5026/2023 is the exclusive electronic transfer of data by financial and credit institutions, as well as by notaries.

Due to the technical complexity of setting up the production process of the new electronic application for submission of DPK and D.OS, it is considered necessary to extend the deadlines for submitting these data, for reasons of legal certainty and administrative efficiency, in order to avoid, on the one hand, the risk of missing deadlines or rights and, on the other hand, the risk Imposing additional administrative burdens on the persons subject to audit.

3. What agencies or population groups are concerned?

Article 1: All persons responsible for providing DPK and D.OS, competent audit bodies and relevant bodies (such as financial institutions).

Proposed provisions

Article 1

Submit declarations of assets and financial interests

1. Declaration of assets and financial interests:

A) Initially, with debtor status from 2/28/2023 until 9/30/2024, and
b) Annual returns for the year 2023 (year 2022) and 2024 (year 2023) are submitted in accordance with the provisions of Law No. 5026/2023 (A45) until 12/31/2024, With the exception of the deadlines specified in the first and fourth paragraphs of Paragraph 1 of Article 18 of Law 5026/2023, regarding the time for submitting the statement of status of assets, and in Article 23 of Law 5026/2023, regarding the declaration of financial interests.

2. The first, with the acquisition of debtor status as of 28.2.2023, and the annual statements of assets and financial interests for the year 2023 (year 2022) of the persons responsible for Article 4 of Law 5026/2023, which were submitted or subject to the electronic application of Law 3213/2003 (A309) In accordance with the provisions of the same law, until the electronic application of Paragraph 1 of Article 21 of Law 5026/2023 begins, they are considered valid without exempting the obligors above from the obligation to submit an initial and annual declaration of assets and financial interests for the same period in the electronic application of Law 5026/2023 in accordance with the provisions of the law. Himself.

3. Without prejudice to Paragraph 2, the first, with the acquisition of debtor status as of 28.2.2023, the declarations of assets and financial interests for the years 2023 and 2024, which have been submitted or are being submitted for the electronic application of Law 3213/2003 in accordance with the provisions of the same law, until the application begins. The electronic application of Paragraph (1) of Article (21) of Law No. 5026/2023 is considered valid and officials are exempted from the obligation to submit an initial request to declare assets and financial interests in the electronic application of Law 5026/2023.

4. The provisions of Law 5026/2023 apply to the announcements of paragraphs 2 and 3 that have been submitted or are being submitted to the Law 3213/2003 platform in terms of monitoring and publication.