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On 2 March 2017 the National Agency on Corruption Prevention approved the Typical Anti-Corruption Program for Legal Entities (the “Typical Program”) by its Decision No. 75.  Under the Decision, certain legal entities must adopt an Anti-Corruption Program (the “Program”) in line with the Typical Program.  In particular, the Program is mandatory for all companies (even private companies that are foreign-owned) which participate in the public procurement procedure for projects exceeding UAH 20 million.

Basic requirements under the Program

The Program is compulsory for all employees, corporate officers and founders of a company, as well as for the business entities over which the company exercises control.

Under the Decision, companies must do the following with regard to the Program:

– establish standards and requirements that are not lower than those provided by the current laws and the Typical Program;

– discuss the Program with employees and corporate officers prior to its approval by the company’s CEO;

–  place the Program in an open-access area, accessible not only to the company’s employees but also to its business partners.

Amendments to the Program

Proposals to amend the Program can be submitted by any company employee or founder to the employee responsible for implementing the Program (the “Authorized Person”)The Authorized Person must then pass such proposals to the company’s CEO.  In turn, the CEO must openly discuss the proposals with all employees and founders.  Only after receiving their approval can the CEO issue an order to amend the Program.

Mandatory provisions

Provisions of the Typical Program include the following:

– a list of the company’s anti-corruption measures (in particular, corruption risk assessments, performance of anti-corruption standards and procedures provided by the Program);

– carrying out corruption risk assessments at least once per year by the commission for assessing corruption risks, which should be established by the company;

– providing in internal regulations, regulations on structural divisions of the company and employment agreements that the Program is mandatory;

– instructing the company’s employees as well as individuals acting on behalf of the company on the anti-corruption laws and the Program;

rights and duties of the Authorized Person, as well as the procedure for his/her reporting to the company’s founders;

 placement of the results of the Program’s performance in an open-access area in paper and/or electronic form, as well as on the company’s website;

– order on informing the Authorized Person on violations of the anti-corruption provisions;

– procedures for the protection of employees who have notified about violations of the anti-corruption provisions (such as prohibition from terminating such employees, applying disciplinary sanctions, transferring such employees and changing employment terms);

– procedure for internal investigations.


Companies that wish to participate in public procurement in Ukraine if the purchase of procurement is significant (i.e., more than UAH 20 million) should review their Programs and adjust them in accordance with the Typical Program and the Decision.


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.


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.