Head of the RRS Oleksii Kucher combined a state office with chairing the supervisory board of “Lisy Ukrainy” in violation of the Constitution

Head of the RRS Oleksii Kucher combined a state office with chairing the supervisory board of “Lisy Ukrainy” in violation of the Constitution

The head of the State Regulatory Service, Oleksii Kucher, simultaneously held the position of head of a central executive authority and the chair of the supervisory board of SE “Lisy Ukrainy.”

Despite the explicit prohibition enshrined in the Constitution, this combination of positions has not yet received an appropriate legal assessment, including from the NACP. In addition, such an appointment also contradicts the provisions of the Law “On Prevention of Corruption.”

Kucher was appointed head of the State Regulatory Service back in 2021. In 21 January 2025 the Cabinet of Ministers, by order No.46-r, approved his candidacy as the state’s representative to the supervisory board of SECP “Lisy Ukrainy.”

Already in 2 April the members of the newly formed supervisory board elected Kucher as its chair. In addition, he joined the audit committee and the appointments and remunerations committee. Only in February 2026 was his departure from the supervisory board reported. Neither the Cabinet of Ministers nor Kucher himself publicly explained the reasons for this “spontaneous” decision.

The Constitution itself provides the legal assessment of these circumstances. Part 1 of Article 120 explicitly prohibits heads of central executive authorities from being members of governing bodies or supervisory boards of enterprises and organizations whose purpose is to obtain profit. This interpretation of that provision was confirmed by the Constitutional Court of Ukraine in decision No.16-rp/2002 as early as 2002.

A similar prohibition on holding combined positions is contained in paragraph 2 of part 1 of Article 25 of the Law “On Prevention of Corruption.” It explicitly prohibits persons authorized to perform state functions from being members of supervisory boards of enterprises whose activities are aimed at making a profit. The mere fact of being a member of a supervisory board already forms the elements of an administrative offense provided for by Articles 172-4 of the Code of Ukraine on Administrative Offenses.

Formally, the basis for appointing Oleksii Kucher was representation of the state’s interests on the supervisory board. However, this argument does not negate the constitutional prohibition. The Law “On Prevention of Corruption” provides that the relevant exception applies only when otherwise not established by the Constitution of Ukraine. Second, Article 120 of the Constitution contains no exceptions for heads of central executive authorities who represent state interests. Third, at the time of the appointment SECP “Lisy Ukrainy” was a state unitary enterprise, not a joint-stock company, so the legislative exception regarding management of the state’s corporate rights does not apply in this case.

Moreover, the above facts provide grounds for the NACP to verify a possible conflict of interest involving Oleksii Kucher.