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10 December 2019

Bribery & Corruption 2020 – seventh edition

Source: Global Legal Insights

Brief overview of the law and enforcement regime The Ukrainian anti-corruption legal framework consists of the following major segments:

• the anti-corruption legislation itself;

• provisions of the Code of Ukraine on Administrative Offences (the “Administrative Offences Code”) and the Criminal Code of Ukraine (the “Criminal Code”) regulating corruption-related administrative offences and crimes; and

• legal provisions establishing the rules of conduct of Ukrainian governmental officials, including officials representing Ukrainian legislative, administrative and regulatory bodies (the “Officials”). Starting from 26 April 2015, the main legislative act dealing with combating corruption in Ukraine is the Law of Ukraine No. 1700-VII “On Preventing Corruption” dated 14 October 2014 (the “Anti-Corruption Law”). The Anti-Corruption Law:

• defines corruption, a corruption offence, an unjustified benefit and, importantly, a gift;

• distinguishes between a corruption offence and a corruption-related offence;

• introduces changes in the groups of subjects of liability for corruption offences;

• provides for an algorithm for preventing acceptance of unjustified benefits and gifts, and for dealing with them when provided;

• introduces several important restrictions aimed at preventing and combating corruption (e.g. restriction on receiving gifts by Officials);

• sets up the rules aimed at preventing corruption in legal entities;

• introduces certain changes related to liability for corruption and corruption-related offences to the Criminal Code and the Administrative Offences Code;

• regulates protection of whistle-blowers;

• emphasises the importance of corporate anti-corruption compliance programmes;

• establishes the ethical conduct rules for certain groups of Officials; and

• tightens the financial control regulation for Officials.

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