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Mstyslav Banik promoted Lexus on social media during his work at the Ministry of Digital Transformation: did he have any brand preferences?
Deputy Minister of Defense Mstyslav Banik in 2023–2024 years, when he headed the Directorate for Electronic Governance Development of the Ministry of Digital Transformation of Ukraine, published posts in his social networks mentioning the car brand Lexus. The question arises as to whether he received any material benefit from this and whether he used his official status to promote the brand.
Mstyslav Banik is a civil servant, so he is subject to the restrictions provided by the Law of Ukraine “On Prevention of Corruption.”
In particular, Article 25 of the law prohibits civil servants from engaging in other paid activities, with the exception of teaching, scientific, creative activities, medical practice, and judging in sports. Civil servants are also prohibited from engaging in entrepreneurial activity.
If the public promotion of Lexus was done for money, a discount, free use of a car, fuel, or service, such activity may fall under restrictions on other paid activities.
At the same time, the mere mention of a brand in social networks does not by itself indicate a violation of the law. A personal photo of one's own car without a call to purchase a product, promo code, or an agreement with a dealer is not necessarily advertising.
Another situation is if there is an arrangement with a company. A recommendation from a car dealership, a special dealer tag, or barter for mentioning the brand may have signs of advertising integration.
The Law of Ukraine “On Advertising” defines advertising as information about a person or product that forms or maintains awareness and interest in them and is distributed for payment or other compensation.
Separately, the Law “On Prevention of Corruption” establishes restrictions on gifts. If brand representatives provided the official with a car, a substantial discount, or other benefit in connection with his official duties, the provisions of Article 23 of the law may apply.
For civil servants, gifts related to performing official powers are prohibited regardless of their value. Exceptions include gifts that align with generally accepted notions of hospitality, but they are also subject to monetary limits.
Also, Article 22 of the law prohibits using official position and related opportunities to obtain improper benefits for oneself or others.
Therefore, it is important not only to consider the fact of mentioning Lexus, but also the circumstances under which it occurred. In particular, whether Banik received any preferences from “Lexus Ukraine,” whether there was an agreement to promote the brand, and whether his official connections were used.
If the company that the official advertised had contractual, subcontract, or other relationships with the Ministry of Digital Transformation, there may also be questions about a conflict of interest. In such a case the law provides for the obligation to report a potential or actual conflict of interest.
For violations of established restrictions, administrative responsibility is provided. In particular, Article 172–4 of the Code of Administrative Offenses concerns violations of restrictions on combine duties, Article 172–5 — violations of established law-imposed restrictions on receiving gifts, and Article 172–7 — violations of requirements on prevention and settlement of conflicts of interest.
With additional circumstances and proven intent, liability may also be criminal, in particular in cases of illegal enrichment or declaration of false information.
At the same time, without confirmation that Banik received money, gifts, discounts, or other advantages, the mere fact of a public mention of the car brand is not proof of a law violation.
Thus the question to Mstyslav Banik remains simple: were the Lexus posts his personal initiative or did he receive certain preferences from the brand?
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Mstyslav Banik promoted Lexus on social media during his work at the Ministry of Digital Transformation: did he have any brand preferences?
Mstyslav Banik promoted Lexus on social media during his work at the Ministry of Digital Transformation: did he have any brand preferences?
Mstyslav Banik promoted Lexus on social media during his work at the Ministry of Digital Transformation: did he have any brand preferences?
Document: PDF proof of the original version of the news item "Мстислав Банік піарив Lexus у соцмережах під час роботи в Мінцифри: чи мав він преференції від бренду?". It records the publication content at the moment of the first scan, the preservation date and the source: ANTIKOR.