Antimonopoly Compliance: Review of Foreign Practice. Part I

The article contains the best foreign practices of implementing the of antimonopoly compliance Institute (compliance) in order to identify and manage the risks of violations of competition law and the possibility of preventing these violations by companies. The article presents the definition of compliance, describes the experience of foreign competition authorities in development, organization and implementation of compliance programs. Special attention is paid to the potential benefits that business receives as part of the successful implementation of the antimonopoly compliance system, including the possibility of mitigating circumstance in case a company commits an antimonopoly offense.

The development of government support for compliance managers training in Russian Federation

The article reflects ?n the problems of government support for the training of compliance officers in the Russian Federation. This problem became more acute in connection with the consolidation in clause 3 of the Order of the Government of the Russian Federation No. 1697-r of August 16, 2018, the requirement to create internal systems under state and municipal authorities, ensuring that their activities comply with the requirements of antimonopoly legislation. The lack of theoretical and practical knowledge of civil servants in this area (the area of compliance) determines the relevance of the problem under consideration. This mostly concerned t? yesterday's students who are unable to provide payment ?f additional education in this area due to lack of financial resources. This entails the lack of qualifications of civil servants in the area of compliance and the ineffectiveness of compliance programs they are running. In the course of the study, we concluded that it is necessary to adopt in Russia a Scandinavian approach of government support for the training of labor resources at the expenses of the national budget and taking into account the real need for labor resources in regions and municipalities.

Compliance programs como atenuante de responsabilidad penal de las personas jurídicas: novedad o gatopardismo

La “Ley Orgánica Reformatoria Del Código Orgánico Integral Penal en Materia Anticorrupción”, trae como novedad la incorporación de la figura del compliance o cumplimiento normativo como atenuante para la valoración de la pena ante los delitos cometidos por personas jurídicas en nuestro país; sin embargo realizando un análisis dogmático e interpretativo previo a la reforma podemos concluir que el juzgador siempre contó con las herramientas para valorar una pena atenuada ante un caso de RPPJ, por ende, tal como se explicará, más allá de un incentivo desde el punto de vista normativo para la incorporación de programas de cumplimiento normativo en el seno empresarial, se aboradará la problemática de cómo la reforma no genera para efectos prácticos ninguna novedad, y del mismo modo se explicarán los efectos y consecuencias de la reforma.

Advanced Introduction to Environmental Compliance and Enforcement

This Advanced Introduction provides a clear and accessible guide to the essential elements of environmental compliance and enforcement programs. It examines compliance programs designed to assist regulated entities in meeting their obligations, as well as enforcement tools designed to address non-compliance - such as administrative, civil judicial, and criminal enforcement. Offering an insightful overview of this important area, LeRoy C. Paddock highlights recent developments that are changing the way compliance and enforcement work is practiced.

The future of SEC enforcement under the Biden administration

Purpose To examine what to expect from Chair Gary Gensler’s SEC and the new Biden presidential administration following Chair Gensler’s U.S. Senate confirmation on April 14, 2021. Design/methodology/approach Reviews past SEC Chair Jay Clayton’s legacy and Chair Gensler’s prior regulatory actions and focus, and outlines Chair Gensler’s expected initiatives, including a heightened focus on cryptocurrency regulation, investigation of COVID-19-related fraud, and ESG and climate change disclosure. Findings This change will bring forth a Democratic majority at the SEC which, in turn, suggests that the Commission will change its current emphasis on capital formation to focus more on investor protection, rules required by the Dodd-Frank Act, inspections, examinations, and enforcement Practical implications Firms should examine their compliance programs in anticipation of heightened advocacy for investor protection; an increased focus on cryptocurrency and blockchain technology, as well as ESG disclosures with an emphasis on climate change; and an increase in inspections and examinations which will drive more enforcement in the fund industry, as well as increases in initiatives regarding transparency, additional disclosures, and investor protection. Organizations will also benefit by reexamining their existing compliance programs with the advice of counsel as a mechanism to mitigate the risk of potential securities laws violations. Originality/value Practical guidance from experienced securities enforcement and litigation lawyers.

The anticorruption compliance programs and the Brazilian regulatory reality today

March 2021, a 12-month-old infant was brought to the HPS East Zone Little Jonh, in the capital of the State of Amazonas, Brazil, where she was admitted with fever, vomiting, intense prostration, little acceptance of breast milk, difficulty in walking, associated with left-facing strabismus and neck stiffness. At admission, the main author performed a lumbar puncture, and serological tests on the CSF to identify the causative agent were referred to a reference laboratory, which suggested that they be referred to the Central Laboratory - LACEN for suspecting the presence of agent Angionsytrongylis Canyonensis. Although, the identification of the causative agent is difficult to be detected and confirmed, this case report shows us the importance of the clinical laboratory in the identification of Eosinophilic Meningitis. The sub-detection of eosinophils in the CSF helps to underestimate the prevalence of eosinophilic meningitis. Thus, CSF analysis, slide preparation, sediment staining, as well as knowledge about the importance of adequate leukocyte differentiation in CSF are extremely important, to properly conduct the final diagnosis of the disease and prevent possible endemicity. The knowledge of this condition and early detection allows an effective therapy and improvement of public health actions. ? ?,

Trade-Control Compliance in SMEs: Do Decision-Makers and Supply Chain Position Make a Difference?

In recent years, trade-control laws and regulations such as embargoes and sanctions have gained importance. However, there is limited empirical research on the ways in which small- and medium-sized enterprises (SMEs) respond to such coercive economic measures. Building on the literature on organizational responses to external demands and behavioral ethics, this study addresses this issue to better understand how external pressures and managerial decision-making are associated with the scope of trade-control compliance programs. Based on a sample of 289 SMEs, the findings show that the organizational responses of SMEs reflect proportionate adjustments to regulatory pressures but only if decision-makers are well informed and aware of the prevailing rules and regulations. Conversely, uninformed decision-making leads to a disproportionate response resulting in an inadequately reduced scope of the compliance program. In addition, the results indicate that SMEs that are highly integrated into supply chains are susceptible to passing-the-buck behavior.