Anti-Corruption and Anti-Bribery
Sayenko Kharenko has a special anti-corruption and anti-bribery practice group, which is unique for Ukraine. The firm adopted its own anti-corruption compliance regulation and developed standard anti-corruption clauses to be incorporated into employment agreements with its employees and contracts with the firm’s vendors.
Sayenko Kharenko specializes in particular in adjusting the global corporate policies, prepared in accordance with the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act 2010 (UKBA), to the Ukrainian anti-corruption legislation, and developing standard anti-corruption vendor contract clauses and other corporate documentation in the anti-corruption area.
Our experts develop know-how compliance programs and anti-corruption rules implementation plans so they meet major requirements of the multinational groups affected by the FCPA and the UKBA while being adjusted to the Ukrainian regulatory, employment and business environment. For such projects, we also engage lawyers from our labour and employment and privacy/data protection teams.
We routinely conduct the FCPA and the UKBA compliance due diligence reviews of the Ukrainian targets, in particular within the framework of the projects handled by our corporate/M&A practices. We also advise on various aspects of the FCPA/UKBA/Ukrainian anti-corruption laws based third party anti-corruption compliance due diligence, including developing interview scenario and questionnaires tailored to the specifics of the client’s business, best practices and focused, in particular, on meeting the standards of the U.S. Department of Justice, Securities and Exchange Commission and other relevant regulatory authorities.
Sayenko Kharenko’s anti-corruption team also regularly issues legal opinions on various instances of gift/charity/grant-in-aid giving and providing hospitality/entertainment to the government officials and other subjects of liability for corruption offenses.
Our counsel Svitlana Kheda, heading the anti-corruption and anti-bribery practice group, is an internationally recognized expert in this area. Svitlana is a member of the Society of Corporate Compliance and Ethics (USA). Her professional experience includes running the Programs Department of the International Law Institute (Washington, DC, USA), where, in particular, she developed and taught the training seminar ‘Anti-Corruption Regulation’ for senior governmental officials and members of parliaments of developing countries and emerging economies. Svitlana regularly attends FCPA/UKBA trainings in the U.S. and the UK. She speaks and publishes extensively (in Ukraine and abroad) on the specifics of the Ukrainian anti-corruption legislative and regulatory environment. Svitlana recently spoke at the FCPA/UKBA Compliance Seminar in New York, USA. Ms. Kheda is an exclusive permanent author of the chapter on Ukraine published in Global Legal Insights - Bribery and Corruption, providing an overview of the anti-corruption and anti-bribery legislation in nearly 30 jurisdictions.
For the list of the selected anti-corruption/anti-bribery matters and other additional information please consult P. 11 of our Labour & Compliance Brochure.