enforcement

Will People Eradicate Corruption or Will Technology Do It? The problem with people and their nature. Part I/II

Will People Eradicate Corruption or Will Technology Do It? The problem with people and their nature. Part I/II

Is there anything more frightening than people?” ― Svetlana Alexievich, the winner of the Nobel Prize in Literature, “Voices from Chernobyl: The Oral History of a Nuclear Disaster”.

A story about the dragon. In USSR there was one good cartoon named “the Dragon” showing the old folk tale from South-East Asia. In old times there lived one horrible dragon. From his inaccessible castle he ruled the entire country severely suppressing and robbing its population. Many brave warriors tried to kill the dragon, but he always defeated them.

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A Q&A for Figuring Out: What is the Difference Between a Gift and a Bribe Under Ukrainian Law

A Q&A for Figuring Out: What is the Difference Between a Gift and a Bribe Under Ukrainian Law

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.

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Vimpelcom – 795 mio USD, Telia - 965 mio USD, and now MTS - 850 mio USD. Why should we care in Ukraine?

Vimpelcom – 795 mio USD, Telia - 965 mio USD, and now MTS - 850 mio USD. Why should we care in Ukraine?

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.

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From the Illegal to Legal Enrichment Through Decision of the Constitutional Court, Part II/II

From the Illegal to Legal Enrichment Through Decision of the Constitutional Court, Part II/II

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.

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From the Illegal to Legal Enrichment Through Decision of the Constitutional Court, Part I/II

From the Illegal to Legal Enrichment  Through Decision of the Constitutional Court, Part I/II

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…

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To Bribe or Not to Bribe: A Look From Different Angle

To Bribe or Not to Bribe: A Look From Different Angle

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.

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Chicken or the Egg: Does Ukraine Need an Anti-Corruption Court?

Chicken or the Egg: Does Ukraine Need an Anti-Corruption Court?

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.

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How can Ukraine Benefit from Anti-corruption Practices of Asian Tigers? Part 2 - South Korea

How can Ukraine Benefit from Anti-corruption Practices of Asian Tigers? Part 2 - South Korea

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...

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