Oleksiy Kucher, Head of the State Regulatory Service (SRS), served as head of the supervisory board of the state enterprise «Forests of Ukraine» for nearly a year, in direct violation of the Constitution of Ukraine and anti-corruption legislation. These circumstances have yet to receive a legal evaluation from the National Agency on Corruption Prevention (NACP).
Oleksiy Kucher has led the State Regulatory Service since 2021. On January 21, 2025, the Cabinet of Ministers of Ukraine issued Order No. 46-r, approving his candidacy as a state representative to the supervisory board of the SE «Forests of Ukraine.»
By April 2 of the same year, members of the supervisory board elected Kucher as its chairman. Additionally, the official joined both the audit committee and the nomination and remuneration committee. Kucher stepped down from the supervisory board only in February 2026. Neither the Cabinet of Ministers nor Kucher provided any public explanation for the sudden exit.
Combining the role of a central executive authority head with a position on the supervisory board of a commercial enterprise breaches the Supreme Law:
«Heads of central executive authorities shall not belong to the governing body or supervisory board of an enterprise or organization aimed at making a profit» — Part 1, Article 120 of the Constitution of Ukraine (confirmed by the Constitutional Court of Ukraine in Ruling No. 16-rp/2002).
In addition to the Constitution, Item 2, Part 1, Article 25 of the Law of Ukraine «On Prevention of Corruption» contains an identical ban. The act of joining the supervisory board of a commercial enterprise constitutes an administrative offense under Article 172-4 of the Code of Administrative Offences (violating restrictions on dual employment and holding multiple positions).
Attempts to justify the appointment as representing state interests lack legal merit for three key reasons:
Constitutional Precedence: Exceptions under the Law «On Prevention of Corruption» apply only if not otherwise established by the Constitution.
No Exceptions Included: Article 120 of the Constitution contains no exemptions for heads of central executive bodies representing state interests.
Legal Entity Status: At the time of the appointment, «Forests of Ukraine» was a state unitary enterprise rather than a joint-stock company, rendering laws on managing state corporate rights inapplicable.
Beyond the prohibition on holding dual positions, these facts provide ground for an official NACP investigation into potential or actual conflicts of interest regarding Oleksiy Kucher.