The document discusses Ukraine's legal requirements for companies to implement anti-corruption programs and compliance measures. It specifies that state/municipal companies over 50 employees or 70 million UAH in sales, and companies engaged in public procurement over 20 million UAH, must have such programs. These programs typically include periodic corruption risk assessments, anti-corruption standards and procedures for employees, designating a compliance officer, and protecting whistleblowers. The standards cover topics like training new hires, checking business partners, and restricting gifts to prevent corruption.

1. Promoting compliance
programmes in companies as part
of anti-corruption policy
Borys Malyshev
anti-corruption expert
UNDP in Ukraine

2. Section X «Prevention of Corruption in Activities of a Company»
of the Law of Ukraine «On Prevention of Corruption»
Article 61. General principles of prevention of corruption in activities of a company
Article 62. An anti-corruption programme of a company
Article 63. Requirements for an anti-corruption programme of a company
Article 64.The legal status of a compliance officer

3. The Law* provides that companies must put into
effect anti-corruption programmes for:
1) any state/municipal company or business (having
state/municipal share over 50%) with an average
number of more than 50 listed employees (in the
referenced financial year) and over 70 mln UAH of
gross sales for such period
2) any company engaged in public procurement (if
the cost of procurement is equal to or over 20 mln
UAH for the procurement of goods and/or services)
*Article 62 of the Law of Ukraine «On Prevention of Corruption»

4. Anti-corruption programme is
a set of rules, standards, and
procedures for identifying,
combating, and preventing corruption
in activities of a company

5. In a typical anti-corruption programme, anti-
corruption measures include:
Periodic assessment of corruption
risks in a company
Anti-corruption standards and
procedures

6. Periodic assessment of corruption risks in a
company
Internal assessment is carried
out:
• At least 1 time in 1 year
• By a special commission
consisting of employees of a
company and headed by
compliance officer.
External assessment is carried
out:
• At least 1 time in 3 years
• By outside consultants: law
firms, audit companies,
specialized organizations.
A typical anti-corruption programme

7. The main anti-corruption standards and
procedures of a company are:
1) an introductory instruction for new employees on the content of
an anti-corruption programme;
2) anti-corruption checking of business partners;
3) anti-corruption clause in agreements, employment contracts,
and job descriptions;
4) a criteria for selection of business partners;
A typical anti-corruption programme

8. The main anti-corruption standards and
procedures of a company are:
5) restrictions on support of political
parties, realization of charitable activity;
6) mechanisms for reporting on violations
of anti-corruption programme, corruption
or corruption-related offenses. and
confidentiality of communications and
protection of whistleblowers;
7) a compliance officer's and other
authorized officials' performance of
their functions for prevention of
corruption;
8) a procedure for consideration of
communications of whistleblowers,
including internal investigations and
disciplinary penalties;
A typical anti-corruption programme

9. The main anti-corruption standards and procedures of a
company are:
9) rules on professional ethics and responsibilities and
prohibitions for employees and officials;
10) a mechanism for identifying and resolving conflicts of
interest;
11) restrictions on offers and acceptance of gifts;
12) supervision and monitoring of compliance with anti-
corruption programme.
A typical anti-corruption programme

10. Thank you for your
attention!
©Borys Malyshev, 2017