Sokolovskyi and Partners Law Firm

A strong team of tax attorneys
  • Eng
  • Рус
  • Укр

In Legal Services since 1999

 
 
  • Tax advocacy, tax planning, tax representation, tax disputes, legal assistance during tax checks, appeals of STI decisions
  • Restructuring & Insolvency, optimization of accounts payable and accounts receivable, restore solvency, debt collection
  • Economic disputes, tender laws, contracts, corporate disputes decision
  • Legal assistance of attorneys at law in civil, economic, administrative, criminal proceedings, representation of client’s rights in the European Court of Human Rights
  • Export-import operations counseling, preparation of contract documents, appeal of customs authorities decisions by administrative means and / or juridically
  • Legal assistance during questioning, the defense in the court, appeal of investigator/ prosecutor/ investigating judge actions
  • All-in legal (expert) examination of legal entity business activity in order to determine its fair market prices and the real condition of the assets
  • Support of transactions (M & A) with the analysis of financial, business legal and tax outcome, the choice of the most appropriate legal and economic solutions
  • Development and implementation of anti-corruption programs, the implementation of compliance-procedures, support in the investigation of corruption offenses
  • Consulting on land law issues, the resolution of land disputes, legal assistance to agricultural producers
  • Consulting on employment law, drafting internal documents, attorney’s at law assistance in solving labor disputes, consulting on job safety

Telephones in Kyiv: +38 (044) 495-19-28, 495-19-29

E-mail: pravo@splf.ua

Skype: splf.ua

Anti-corruption compliance

антикоррупционный комплаенсAnti-corruption legislation has for quite a long time a significant influence on the business world. Especially after the adoption of the US Law “Foreign Corrupt Practices Act” (FCPA) and the UK Law “On bribery” (Bribery Act), which identified a new trend to tackle bribery at the national level, which sometimes goes beyond the boundaries of specific countries and substantially developed practice of compliance procedures.
Among the international legislation the following can be distinguished: the UN Convention against Corruption (2003); Council of Europe Criminal Convention on Corruption (1999), the Council of Europe Civil Law Convention on Corruption (1999), Twenty Principles for the Fight against Corruption (1997), Model Code of Conduct for Public Officials (2000), Uniform Rules for Combating Corruption in the Funding of Political Parties and Election Campaigns (2003). European Union pays particular attention to combating corruption as well (Communication of European Commission dated May 28, 2003 on a comprehensive EU policy against corruption, the Framework Decision of the Council of the European Union No. 568 dated July 22, 2003 "On Combating Corruption in the Private Sector"), as well as international organizations such as the Organization of American Countries (Inter-American Convention against Fighting Corruption, 1996), Global Coalition for Africa (25 Principles to Combat Corruption, 1999), etc.
Relevant trends have not evaded Ukraine as well, so that to the national legislation to combat corruption one can include the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offences, the Law of Ukraine "On Prevention of Corruption", the Law of Ukraine "On National Anti-Corruption Bureau of Ukraine", the Law of Ukraine "On the Principles of Anti-Corruption Policy in Ukraine". Specified regulations govern relations for corruption offenses and responsibility for them; the measures to combat corruption, and government agencies with competence in the relevant area; concerning common rules for anti-corruption policies and assess its effectiveness.
Anti-corruption compliance procedures can be regarded as the most important means of entities of private law responding to the anti-corruption legislation norms mentioned above. Those procedures essentially represent a list (not clearly defined by the legislator) of actions aimed to bring the company entrepreneurial activity in line with the anti-corruption legislation norms and protect it from the negative consequences of its use. For example Anticorruption Program of the Legal Entity, Regulations on Anti-Corruption Policy should identify the basic principles of the company activity on an intolerant attitude towards corruption and determine appropriate rules and procedures to be applied by the company in its activities.
Thus, in accordance with the provisions of the Article 61 of the Law of Ukraine "On Prevention of Corruption" legal entities provide development and measures that are necessary and reasonable to prevent and combat corruption in the activities of a legal entity. Director, founders (members) of the legal entity provide regular assessment of corruption risks in their activities and implement appropriate anti-corruption measures. To detect and eliminate corruption risks in the legal entity activity independent experts, including those to conduct audits may be involved. That is, anti-corruption compliance is a necessity for business in Ukraine, the volume and types of procedures of which should normally be individually determined for each individual company, since not all companies have to implement them on the same level as the companies who regularly take part in public contracts, relations on obtaining authorization documentation, etc. (where corruption risks are naturally higher).
Sokolovskyi and Partners Law Firm having developed practice of criminal law and knowing the specifics (sometimes negative) of the law enforcement agencies activity in Ukraine may identify and analyze the risks of corruption at appropriate level, implement anti-corruption compliance procedures (including Anti-Corruption Program development), conduct their independent audits for compliance and effectiveness, and to defend Clients’ interests in appropriate cases of prosecution for corruption offences.

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