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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.

 

Leonid Gilevich Delivered a Speech at the IV International Compliance Forum

18.09.2019

Leonid Gilevich, the Counsel at Ilyashev & Partners Law Firm, delivered a speech on “Compliance in Contractual Relations” at the IV International Compliance Forum, held on 18 September 2019 in Kyiv.

According to Leonid Gilevich, the inclusion of compliance provisions into the contract allows controlling the quality of services, works and goods, cooperating with the reliable contractors, avoiding violations of the law, and also preventing the influence of other negative factors.

“It is not enough to be simply limited in the contract to the general obligation of a party to comply with “legislation” or “all applicable norms and provisions”,Leonid Gilevich emphasized. – To ensure that compliance provisions are not purely declarative, the contract must contain carefully elaborated compliance obligations, as well as an effective controlling mechanism and sanctions for the failure to fulfill such obligations”.

Leonid Gilevich noted that the contract can oblige the counterparty to comply with both legislative norms and other provisions, provide for the possibility to audit the counterparty, as well as provide for a penalty and a right to terminate the contract (with compensation for damage) in case of violation of the compliance provisions. In this case, only legally verified provisions can be effective and enforced, therefore it is recommended to involve qualified lawyers to draw up such provisions.

 
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