September 19, 2024
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BREAKING NEWS

The new law provides for the liability of FOPs for bribery

One of the elements of the anti-corruption fight is the implementation of Western norms and laws into Ukrainian legislation. Ukraine also needs to take into account the recommendations developed by the Organization for Economic Cooperation. Among them is Law No. 10319, which introduces the impossibility of deducting bribes from the tax base. This was stated by the Chairman of the Verkhovna Rada Committee on Finance, Tax and Customs Policy Danylo Hetmantsev during the conference “Ukraine on the way”, — write on: ua.news

One of the elements of the anti-corruption fight is the implementation of Western norms and laws into Ukrainian legislation. Ukraine also needs to take into account the recommendations developed by the Organization for Economic Cooperation. Among them is Law No. 10319, which introduces the impossibility of deducting bribes from the tax base.

This was stated by the Chairman of the Verkhovna Rada Committee on Finance, Tax and Customs Policy Danylo Hetmantsev during the conference “Ukraine on the way to the OECD and accession to the OECD Convention on Combating Bribery.”

“The law changed a lot before the second reading. I think that next month it will already be considered in the second reading in the parliament. At first, we started with a few sentences, but we ended up rewriting it almost completely. We added Ukrainian officials, because the primary version of the draft law concerned only public figures operating abroad. We added Ukrainian officials because we don’t understand why it should bypass them, and secondly, so that we don’t get up a second time. Then we extended the tax consequences of bribery to all subjects, not only to legal entities on the general form of financing, but also to FOPs – to all those who can finance and provide bribes, indirectly finance these officials, foreseeing the corresponding consequences for them Hetmantsev said during the conference.

The mechanism by which information is exchanged with foreign countries regarding corruption was also clarified.

“The most important changes relate to the three-tier model of cost exclusion. The first is that we impose on the payer the obligation not to include in the expenses payments that have signs of a bribe. It can be various forms of bribery. It is even possible to pay for a child’s education, or a ward for participation in sports competitions. They may not be obvious, and for this reason NABU should determine the criteria for such actions. We entrust the payer with the duty of self-adjustment. The second stage — correction is carried out on the basis of an inspection by the supervisory authority upon the payer’s appeal to the supervisory authority. In addition to the correction, it causes the payment of a 9-18% fine. And the third is a court verdict, on the basis of which a mandatory adjustment is already being made. And actually there is already a 50% fine,” Hetmantsev noted.

According to the people’s deputy, such an approach enables the payer to respond in a timely manner to the relevant operations and to reflect them in the accounting records accordingly.

We would like to remind you that on September 16, Kyiv hosted the conference “Ukraine on the way to the OECD and joining the OECD Anti-Bribery Convention”, which brought together our partners in this matter.

Hetmantsev said during the conference that thanks to the strict policy in the field of taxation over the past 2.5 years, we have had an unprecedented increase in revenues to the state budget

In her welcoming speech, the US ambassador to our country, Bridget Brink, reminded why Ukraine needs to fight corruption. EU Ambassador to Ukraine Katarina Maternova reported that the fight against corruption is a key point of our country’s accession to the EU.

Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine – Minister of Justice Olha Stefanishyna noted that relevant draft laws for joining the OECD Convention will be considered by the end of the year.

NABU became one of the main platforms where legislative changes necessary for joining the Convention of the Organization for Economic Cooperation (OECD) on combating bribery were discussed.

Oleksandr Banchuk, Deputy Minister of Justice of Ukraine and a member of the working group on accession to the Convention of the Organization for Economic Cooperation (OECD) on the fight against bribery, revealed the details of the necessary draft law.

Chris Baysorski, acting head of the working group of the Organization for Economic Cooperation and Development, said that Ukraine submitted an official application to join the organization’s Convention two years ago. In his opinion, when working with the implementation of this plan in Ukraine, such experience was gained that can be applied in other countries.

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