Gift or bribe: where is the borderline?
A gift means any item (e.g., money, consumer electronics) or intangible assets (e.g., services, discounts) the one provides free of charge or below market value. In our politics, there were cases when a discount for buying an apartment was considered a gift. Read More
In March 2019, US DoJ and SEC announced that “MTS (Mobile TeleSystems), the largest mobile telecommunications company in Russia, and its wholly owned Uzbek subsidiary, have entered into resolutions with the DoJ and SEC and agreed to pay a combined total penalty of $850 million to resolve charges arising out of a scheme to pay bribes in Uzbekistan.” Actually, I predicted that MTS might be in trouble in my post on VimpelCom case back in 2016. Since 2015, MTS Ukraine, a subsidiary of leading Russian mobile service provider MTS is operating under the brand of Britain's Vodafone. Read More
Unfortunately, human positivist laws have the nature of multiple interpretations, if contrasted to clear physical /natural laws. For example, if a human falls out of the tenth floor in a multistory building, then the consequence would be a fatality for the fallen person. The living human will become a dead one and would be buried under the existing traditions in the respective area. Even if the Constitutional Court of Ukraine admitted the gravity of victimized body as unconstitutional and that its gravity ceases to exist after the official publication of such decision, the dead cannot be resurrected. Read More
Recently, Jonathan Sumption, the ex-judge of the Supreme Court in Great Britain (his nickname is “The Brain of Britain”), in his interview with the British magazine for lawyers “Counsel Magazine”, referring to future lawyers, said: "Do not read the law if you intend to practice it and you can afford a slightly longer path to qualification. Discover the culture first, if you can, and history. " That is, in the words of this respected lawyer, before learning the law and laws it would be worth learning the culture and history… Read More
Do you think that bribery may be acceptable in certain cases?
I suspect that your initial reaction was “No way! There is no excuse for bribery.” Frankly, I hope it would be a natural reaction of any reader of our blog. Nevertheless, I still ask you to give it a thought before you react. You will see that the answer may be not so obvious. Read More
As you may already know, Ukrainian Parliament has voted today to establish the anti-corruption court in Ukraine. Once we have the final text of the law, it will be clear whether the deputies took into consideration recommendations of the expert community and international partners actively communicated during last months in an effort to save the idea of the transparent and impartial anti-corruption court. In the meantime, I want to share with you some thoughts I have been reflecting on lately in this respect. Read More
Hong Kong, a former colony of British Empire and now one of the world's most significant financial centers competing with London and New York. City-state that is considered the tallest urban agglomeration with its skyscrapers being the city icon... Read More
Each corruption act has its own intention, its embodiment, and its logical conclusion. As a rule, the logical conclusion of any illegal act is laundering and extraction of unfairly accumulated funds somewhere afar from the jurisdiction where the money was stolen. Read More
After my post on Singapore, this time I will focus on another Asian Tiger - South Korea. According to Corruption Perceptions Index 2016, South Korea holds the 52nd rank, between Rwanda and Namibia. In comparison to Ukraine's 131st rank position, it is not bad. But South Korea, unlike Ukraine, has long been one of the fastest growing economies in the world, often referred to as the "economic miracle on the river Han". Remaining Asian Tigers have a better situation with corruption perception: Singapore ranked 7th, Hong Kong - 15th and Taiwan - 31st... Read More
Corruption is a major problem in many of the worlds developing economies today. Ukraine is not exception. In such nations, corruption represents a regressive taxation that bears hard on the poor. It has a dampening effect on business development and it could result in the production of inferior goods as companies find ways to accommodate under-the-table payments. ... Read More