Yan Voinikanis-Myrskyi has joined Eterna Law as Partner and will head criminal law and public procurement practices.

So far, 2021 has seen less activity in terms of enforcement actions under the Foreign Corrupt Practices Act ("FCPA"), compared to 2020. In 2021, the United States Department of Justice ("DOJ") took a total of 19 enforcement actions, and the Securities and Exchange Commission ("SEC") took a total of 4 enforcement actions. Therefore we observe that the DOJ has been a lot more active than the SEC in terms of the number of enforcement actions this year.

The Government of Ukraine has recently implemented additional measures to prevent and counteract the legalization (laundering) of proceeds of crime, terrorist financing and financing of proliferation of weapons of mass destruction. Thus, Ukraine made one more step towards implementing 4th Money Laundering EU Directive.

In 2016, Russian law enforcement authorities had some success in investigating and combatting bribery. For the first time in several years, the majority of cases involved bribe-taking, rather than bribe-giving, and involved significant bribe amounts. The number of cases against bribe-takers increased by 19.7% from 2015, while the number of cases against bribe-givers increased by only 4.4%. This trend continued in the first half of 2017; the Russian Ministry of Internal Affairs and law enforcement authorities registered 3,362 cases of bribery, of which 2015 cases concerned bribe-taking and 1,347 cases concerned bribe-giving. 

Money laundering and corruption are closely related; therefore, they should be tackled systemically. Lithuania’s setting in these areas is rather ambiguous – it is ranked among the top performers when it comes to an anti-money laundering regime and its effectiveness, but it performs worse than EU average when it comes to the perception of corruption (Lithuania was ranked 38th in the Global Corruption Perceptions Index reported by Transparency International in 2016).

Combatting corruption has been declared a primary goal in Ukraine following the Revolution of Dignity in 2014. Slowly, but steadily, Ukraine’s reputation as a country with a serious corruption problem is improving.