AN OVERVIEW OF INTERNAL INVESTIGATIONS IN EASTERN EUROPEAN COUNTRIES
This article will provide an overview of some of the common features, best practice and pitfalls when conducting investigations in Eastern European countries (EECs), and the process to follow to ensure that the investigation stands up to local legal scrutiny. It also highlights the key competencies required to effectively investigate corporate misconduct in these jurisdictions.
Most, if not all, large international companies will have investigations and compliance processes and guidance documents, such as standard operating procedures (SOPs), policies, manuals and guides that have global applicability. EEC entities and branches are no exception.
However, investigative practices vary considerably from country to country. Countries have their own laws and regulations that apply to, for instance, interviews, evidence gathering, and a corporate’s ability to maintain confidentiality over the investigation. Thus, while the company may have its own global SOPs and policies governing compliance and investigations, the legislation of the country takes precedence and must be understood and followed.
Many countries in Eastern Europe, such as the Russian Federation, Belarus and Ukraine, have their own special procedures for conducting internal investigations. While the next part of this article discusses some of the key points to be cognisant of, a company conducting an investigation in an EEC will, of course, need to conduct thorough due diligence on the applicable local rules and processes. In Russia, for example, internal investigations are regulated by the Labour Code, which includes provisions on length of time and the disciplinary procedure to be followed.
A key consideration when conducting investigations in an unfamiliar territory is to understand if there are time limits on how long the investigation should take. In many EECs, the investigation should be concluded one month after the official start of the investigation, subject to the country’s labour code.
Jul-Sep 2020 Issue
Nokia