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Anti-Corruption

Ukraine: Official approval required to terminate compliance officer

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On December 16, 2016, the “Procedure for Obtaining Consent to Terminate the Employee Responsible for Implementing an Anti-Corruption Program“, approved by Decision No. 74 of the National Agency on Corruption Prevention (the “Agency“), dated October 7, 2016 (the “Procedure“), came into effect.

Application to terminate an employment agreement

In accordance with the Procedure, a company must submit a written application to the Agency to terminate an employment agreement (the “Application“) with an employee responsible for implementing an anti-corruption program (the “Authorized Person“). There is no established form of the Application, however it should provide for certain information about the Authorized Person as well as the termination grounds.

Consideration of the Application

Pursuant to the Procedure, the Agency will consider the Application within 10 working days of receiving it.  A copy of the decision must be sent to the employer’s place of business within three working days of making a decision.  An employer, in turn, must notify the Agency within two working days after issuing the order on the termination of the Authorized Person.

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Lina Nemchenko is partner in Baker McKenzie's Real Estate Practice Group in Kyiv. She also advises clients on natural resources and M&A law. Ms. Nemchenko has been recommended by PLC Which Lawyer? 2009 for her prominent advises in the field of real estate and construction, and has been acknowledged as one of the top advisers for land law by Ukrainian Law Firms: A Handbook for Foreign Clients. She has likewise been cited by Chambers Europe in its 2008-2009 editions for her “deep experience in handling the peculiarities of Ukranian law.” Chambers Global has also ranked Ms. Nemchenko as a leading individual in the her area of practice for three consecutive years.

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Mariana Marchuk is a counsel in Baker McKenzie's Kyiv office. She has over 17 years of practical experience in the areas of corporate law, M&A, reorganizations, labor and employment, as well as compliance and anti-corruption. Prior to joining the Kyiv office of Baker McKenzie in 1997 as an associate, Ms. Marchuk worked as a legal adviser for one of the Big Six consulting firms. From 1999 up to 2004, she worked in Moscow as an associate for a major Wall Street law firm and subsequently for Baker McKenzie. In 2004, she returned to the Kyiv office of the Firm and in 2010 she was made a counsel.

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