UBA NEWS:

UBA Legal Counsel Section and PACG Joint Round Table

The UBA Legal Counsel Section and the Professional Association of Corporate Governance (PACG) held a joint round table on anti-corruption compliance on 4 June 2015. The discussion was moderated by Natalia Lisa, head of the legal department at LLC Danone, and Aleksandr Okunev, head of the PACG. The agenda covered explaining the concept of compliance, connection of anti-corruption compliance department with services of risk management, legal support and inner audit within a company. An explanation was given as to why Ukrainian companies should implement anti-corruption compliance procedures in their business routine. The reasons are requirements of legislation of other countries, which is applicable to the Ukrainian parties, as to countering bribery; requirements of Ukrainian legislation as to preventing corruption in the private sector; competitive advantages of business originated from implemented compliance policy. The work of instruments of anti-corruption compliance was illustrated in examples of Ukrainian and foreign companies. These examples included codes of ethics, trainings for personnel, lines of trust, work with state structures and contractors. Mr. Okunev noted that a standard has to be prepared on how an employee should act if an anti-corruption breach occurs inside a company. Ms. Lisa mentioned that the best option for an anti-corruption department is to have a separate unit, which is subordinated to a senior manager. 

UBA Committee on Constitutional Law, Administrative Law and Human Rights as to Constitutional Reform Meeting

On 8 June the UBA Committee on Constitutional Law, Administrative Law and Human Rights as to Constitutional Reform held a meeting. The results of the poll on the constitutional process, which has been carried out by the UBA amongst its members, and different approaches to changes to the Constitution of  Ukraine on issues of judicial authority (division of justice) and related institutions (Public Prosecutor’s Office) were discussed. In general, the focus of the poll was on issues of organization of constitutional process, priority changes to the Constitution of Ukraine, improving the constitutional regulation of justice, the work of the High Council of Justice and Public Prosecutor’s Office. Oleksandr Ilkov, partner of Kesarev Consulting, and member of the UBA’s management board, touched upon the results of the poll. Thus, as the majority of interviewees suggested, that the urgency of constitutional changes is stipulated by the necessity to improve the current Constitution, including realization of inner reforms (88%) and legitimization of the constitutional sphere after the return in February 2014 to the 2004 version of the Constitution (48%). Bear in mind that in the view of interviewees the priority changes to the Constitution should be in the area of the authoritative triangle of President — Parliament — Government (68%), Public Prosecutor’s Office (68%), local self-government and administrative-territorial system (80%) and justice (84%). 96% of all those interviewed respondents believe that the changes which are necessary for the recognition of jurisdiction of the International Criminal Court (ratification of the Rome Statute), have to be introduced to the Constitution, because of international obligations undertaken by  Ukraine, etc. Victoria Ptashnyk, MP, mentioned that the issue of constitutional process is an exclusively legal issue. She insists on avoiding the introduction of declaratory principles to the Constitution, which are impossible to implement. Volodymyr Kravchuk, judge of the Lviv District Administrative Court, presented a concept of work on reforming the justice system. Thus, the working group has focused on such issues as depoliticization of the court system, status of a judge, the Supreme Court of Ukraine, etc. In conclusion, Valeriy Kravchuk, secretary of educational methodical council of the National Academy of the Public Prosecutor’s Office of Ukraine, spoke about constitutional reform of the Public Prosecutor’s Office.