This week we participated in two large-scale events: a roundtable discussion of the Ukrainian Advocates’ Association (UAA) on the draft law on criminal liability and the II Anti-Corruption Forum of the Ukrainian Bar Association.
Artem-Abraham Krykun-Trush, Partner and Head of White-Collar Crime, Compliance and Investigations, shared insights from the roundtable:
- Currently, there is no clear definition of what constitutes a crime. Blurred criteria can lead to unfounded accusations and presumption of guilt for businesses. This is a risk even for honest companies.
- There is a need to distinguish between intentional violations of sanctions and compliance errors for which administrative fines are appropriate.
- Indefinite liability is a big risk. The absence of a statute of limitations means an endless threat to business, which is contrary to the principles of legal certainty and stability.
- An honest mistake should be a ground for exemption from criminal liability. This will help avoid unfair reprisals against businesses and officials who acted in good faith.
The UBA Anti-Corruption Forum has once again confirmed that businesses should not wait for a crisis to remember about compliance. Effective anti-corruption policies, whistleblower management, internal investigations, and a vibrant culture of integrity are not bureaucracy, but the key to sustainability.
The frank discussion between representatives of the public, private sectors and anti-corruption agencies was particularly valuable. This exchange of experience is key to building a transparent and strong environment.
Viacheslav Kolomiychuk, Senior Associate of White-Collar Crime, Compliance and Investigations at Miller Law Firm, participated in the Military White-Collar Crime panel.
He shared his thoughts: “Military white collar crime is a new challenge for law and defense at the same time. Given the military specifics, a special risk zone is being formed in which the responsibility of commanders is easily replaced by criminal prosecution, and anti-corruption tools are being turned into a weapon of political or business pressure. The system needs to learn to distinguish between real crimes and managerial decisions, otherwise we undermine not only the law but also our own security.”