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Roman Butenko

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Roman Butenko is an associate in Baker McKenzie’s Moscow office and a criminal advocate admitted to the Moscow city bar. He is experienced in the area of anti-bribery compliance and investigations, criminal law and dispute resolution. Roman spent around one year in the Washington, DC office of Baker McKenzie, where he advised and assisted clients on various anti-bribery compliance matters. He also gained the unique multicultural experience of advising and representing clients across Central Asia jurisdictions during his over two year-practice in Almaty, Kazakhstan. Roman has a PhD in law and is a visiting lecturer at the Russian Ministry of Economic Development, as well as at a number of leading Russian universities, where he lectures on anti-corruption compliance matters. Roman has extensive experience in internal investigations and compliance advisory work across various regions and industries, including healthcare, TMT, energy / mining and others.

Baker McKenzie attorneys Paul Melling, Roman Butenko and Oleg Tkachenko contributed two articles to GIR – Europe, Middle East and Africa Investigations Review 2022 Digital Edition. The first article provides an overview of recent corporate anti-bribery enforcement trends and, taking into account those trends, tries to sum up the most important lessons to be learned by companies that strive to build compliant businesses in Russia. The second article is dedicated to key issues on compliance programs and their enforcement in Russia. The article provides an overview of recent anti-bribery and legislative corruption measures and the guidance provided to the Russian business community with regard to those measures and their enforcement.

Baker McKenzie’s newest report, Russia: Corporate Anti-Corruption Enforcement Trends, aims to provide both international companies operating in Russia and Russian businesses with an international footprint with practical and informative guidance on evaluating their corporate compliance programs. Focusing on the risks of prosecution under Russian law, this report will be particularly valuable…

Baker McKenzie’s newest report, Russia: Corporate Anti-Corruption Enforcement Trends, aims to provide both international companies operating in Russia and Russian businesses with an international footprint with practical and informative guidance on evaluating their corporate compliance programs. Focusing on the risks of prosecution under Russian law, this report will be particularly valuable…

Russia’s Supreme Court confirmed that a company can be liable under Article 19.28 of the Administrative Procedure Code (“Illegal remuneration on behalf of a legal entity”) for the actions of third parties with whom that company has no formal contractual, employment, or other legal relationship.1

The court clarified that a company may be held liable if its officers either knew about such actions, or approved or instructed the respective third parties with regard to such actions. Another requirement for prosecution is that the company must have an “economic or other material interest (for example, a reputational one)” in the performance of such actions.

In light of this clarification, companies now face increased risk under Article 19.28 for the illegal actions of persons such as employees of their dealers, distributors and other counterparties.

Baker McKenzie is pleased to present the following report on Russian corporate anti-corruption enforcement that will provide both international companies operating in Russia and Russian businesses with an international footprint with practical and informative guidance on evaluating their corporate compliance programs. Focusing on the risks of prosecution under Russian law,…