Anti-Bribery and Corruption Laws in Ukraine
jurisdiction
| Source of law | Law on Prevention of Corruption, Criminal Code of Ukraine, Code on Administrative Offences of Ukraine |
|---|---|
| Offence | Criminal offences Receiving a bribe: When a public official; an employee, 1 an officer or a private contractor 2 of a legal entity; or a public services provider 3 accepts an offer to get an unlawful advantage 4 for him/herself or for a third party; requests an unlawful advantage for him/herself or for a third party; or receives an unlawful advantage for him/herself or for a third party in any form for performance or non-performance of his or her functions in the interests of the person offering or transferring the unlawful advantage or a third party. Illegal enrichment: When a public official acquires 5 assets with value that exceeds such official’s legal income by more than 3,000 minimal costs of living 6 (approximately EUR 188,455). Extortion (provocation of a bribe): When a public official instigates a person to offer, promise, provide unlawful advantage, or to accept the offer, promise, or rendering of such advantage, with the purpose of subsequently denouncing such person to the competent authorities. Bribery: Offering, giving or transferring an unlawful advantage to I) a public official; II) an employee, 7 an officer or a private contractor 8 of a legal entity; or III) a public services provider 9 for the performance or non-performance of actions by exercising his or her authority in the interests of the person offering or transferring the unlawful advantage or in the interest of a third party.
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| The bribe | |
| Is there a presumption that the advantage was given/received corruptly? | No |
| Would facilitation payments be caught? | Yes |
| Would corporate hospitality be caught? | Yes 13 |
| Is there any de minimis? | No 14 |
| Does the bribe have to be monetary? | No |
| Public officials | |
| Does the offence only apply to bribing public officials? | No |
| Acts performed outside Ukraine | |
| Can bribery performed outside Ukraine be caught? | Yes (if performed by a Ukrainian citizen or person without citizenship domiciled in Ukraine; if performed by a foreigner or person without citizenship in cases prescribed by international treaties or if a serious or especially serious offence against the rights of Ukrainian citizens or the interests of Ukraine is performed; if one of such offences as receiving a bribe, bribing or abuse of influence is performed by a foreigner or person without citizenship jointly with Ukrainian public official) |
| Does the act also need to be illegal in the foreign country of performance? | No |
| Who can be liable? | |
| Ukrainian nationals? | Yes |
| Ukrainian company? | Yes |
| Ukrainian partnership (including limited liability partnerships) 15 ? | No |
| Director of Ukrainian company? | Yes |
| Ukrainian company if the bribe is committed abroad by its foreign subsidiary? | No |
| Foreign subsidiary of a Ukrainian company if the bribe is committed abroad? | No |
| Foreign national/company/partnership if bribe is committed in Ukraine? | Yes (only foreign nationals and companies) |
| Foreign national domiciled or “ordinarily resident” in Ukraine if bribe is committed outside Ukraine? | Yes |
| Foreign company/partnership if bribe is committed abroad? | No |
| Penalties | |
| Penalties Include | Recipient (public official):
Recipient (in case of commercial bribery):
Recipient (public services provider):
Recipient (an employee of a legal entity, a private contractor):
Briber (of a public official):
Briber (in case of commercial bribery / of a public services provider):
Briber (of an employee of a legal entity, a private contractor):
Abuse of powers (by a public services provider):
Abuse of powers (by a public official):
Abuse of powers (by an officer of a legal entity):
Abuse of influence:
Companies (for bribing or for failure to prevent trading in influence, bribing of an officer of a legal entity, a public services provider, a public official): Fine in the double amount of an unlawful advantage or up to 2,000,000 tax-free allowances (approximately EUR 705,360) if an unlawful advantage was not received or its amount cannot be estimated Public official authorized to perform state or municipal functions who intentionally provides false information or does not submit transparency declaration:
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| Defences | |
| Are there any defences available? | There are specific defences if a person who offered, promised or gave an unlawful advantage reported the bribe before the law enforcement authorities found out about the crime from other sources. |
| Source of law | Law on Prevention of Corruption, Criminal Code of Ukraine, Code on Administrative Offences of Ukraine |
|---|---|
| Offence | Administrative offences Violation of legally established restrictions regarding the acceptance of gifts or donations: Violation of legally established restrictions or prohibitions by accepting gifts or donations. Failure to take action with respect to the prevention of corruption: Failure by a state official, local government official or an officer of a legal entity to take legally established actions to prevent and detect corruption offences. Violation of restrictions regarding involvement in commercial or other paid activities by a public official: Failure by a public official to comply with legally established prohibitions to perform any other paid work or commercial activity. Violation of rules for dealing with the conflict of interest: Failure by a public official, an officer of a public legal entity or a public services provider to report existing conflicts of interest; taking actions or decisions in the presence of a conflict of interest. Violation of financial control requirements: Failure by a public official or an officer of a public legal entity to submit a transparency declaration, or provision of false information 19 in a transparency declaration, or failure to report the opening of bank accounts outside Ukraine or report substantial changes in the property status of such persons. Misuse of information obtained in the process of service: Illegal disclosure by a public official or use to his/her own benefit of information obtained in the process of service. |
| The bribe | |
| Is there a presumption that the advantage was given/received corruptly? | No |
| Would facilitation payments be caught? | Yes |
| Would corporate hospitality be caught? | Yes 13 |
| Is there any de minimis? | No |
| Does the bribe have to be monetary? | No |
| Public officials | |
| Does the offence only apply to bribing public officials? | No |
| Acts performed outside Ukraine | |
| Can bribery performed outside Ukraine be caught? | No |
| Does the act also need to be illegal in the foreign country of performance? | No |
| Who can be liable? | |
| Ukrainian nationals? | Yes |
| Ukrainian company? | No (only individuals caught) |
| Ukrainian partnership (including limited liability partnerships) 15 ? | No |
| Director of Ukrainian company? | No (only applies to a failure to prevent corruption) |
| Ukrainian company if the bribe is committed abroad by its foreign subsidiary? | No |
| Foreign subsidiary of a Ukrainian company if the bribe is committed abroad? | No |
| Foreign national/company/partnership if bribe is committed in Ukraine? | Yes (only foreign nationals) |
| Foreign national domiciled or “ordinarily resident” in Ukraine if bribe is committed outside Ukraine? | No |
| Foreign company/partnership if bribe is committed abroad? | No |
| Penalties | |
| Penalties include: | Recipient in a case of violation of legally established restrictions regarding the acceptance of gifts or donations:
Failure to prevent corruption:
Violation of restrictions regarding involvement into commercial or other paid activities by a public official:
Violation of rules for dealing with the conflict of interest:
Violation of financial control requirements:
Illegal use of information obtained in the process of service:
|
| Defences | |
| Are there any defences available? | No |
