Introduction. Guidelines for the development and adoption by organizations of measures to prevent and combat corruption I

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The text of the document is given in accordance with the publication on the website http://www.rosmintrud.ru as of 11/11/2013.

(approved by the Ministry of Labor of Russia on 08.11.2013)

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

ON THE DEVELOPMENT AND ADOPTION OF MEASURES BY ORGANIZATIONS

FOR THE PREVENTION AND COUNTERACTION OF CORRUPTION

I Introduction

Guidelines on the development and adoption by organizations of measures to prevent and combat corruption (hereinafter referred to as the Guidelines) were developed in pursuance of subparagraph "b" of paragraph 25 of the Presidential Decree Russian Federation dated April 2, 2013 N 309 "On measures to implement certain provisions federal law"On Combating Corruption" and in accordance with Article 13.3 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption".

The purpose of the Guidelines is to form a unified approach to ensuring work on the prevention and counteraction of corruption in organizations, regardless of their form of ownership, organizational and legal forms, industry affiliation and other circumstances.

Informing organizations about the regulatory and legal support of work to combat corruption and responsibility for committing corruption offenses;

Determination of the basic principles of combating corruption in organizations;

Methodological support for the development and implementation of measures aimed at preventing and combating corruption in the organization.

2. Terms and definitions

Corruption - abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties, or illegal provision of such benefits to the specified person by other individuals. Corruption is also the commission of the listed acts on behalf of or in the interests of a legal entity (paragraph 1 of Article 1 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption").

Countering corruption - the activities of federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments, civil society institutions, organizations and individuals within their powers (clause 2 of article 1 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption"):

a) to prevent corruption, including the identification and subsequent elimination of the causes of corruption (prevention of corruption);

b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);

c) to minimize and (or) eliminate the consequences of corruption offenses.

Organization - a legal entity, regardless of the form of ownership, organizational and legal form and industry affiliation.

Counterparty - any Russian or foreign legal or natural person with whom the organization enters into contractual relations, with the exception of labor relations.

Bribe - receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of money, valuable papers, other property or in the form of illegal provision of services of a property nature to him, granting other property rights for actions (inaction) in favor of the bribe giver or persons represented by him, if such actions (inaction) are included in the official powers of an official or if it is by virtue of his official position may contribute to such actions (inaction), as well as for general patronage or connivance in the service.

Commercial bribery - illegal transfer to a person performing managerial functions in a commercial or other organization, money, securities, other property, the provision of services of a property nature to him, the provision of other property rights for the commission of actions (inaction) in the interests of the giver in connection with the official position occupied by this person (Part 1 of Article 204 of the Criminal Code of the Russian Federation ).

Conflict of interest - a situation in which the personal interest (direct or indirect) of an employee (representative of an organization) affects or may affect the proper performance of his official (labor) duties and in which a conflict arises or may arise between the personal interest of an employee (representative of an organization) and the rights and the legitimate interests of the organization, which can lead to harm to the rights and legitimate interests, property and (or) business reputation of the organization, an employee (representative of the organization) of which he is.

Personal interest of an employee (representative of an organization) - the interest of an employee (representative of an organization) associated with the possibility for an employee (representative of an organization) to receive official duties income in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties.

3. Range of subjects for which the Guidelines have been developed

These Methodological Recommendations have been developed for use in organizations, regardless of their form of ownership, organizational and legal forms, industry affiliation and other circumstances. At the same time, the Guidelines are primarily designed for use in organizations for which the legislation of the Russian Federation does not establish special requirements in the field of combating corruption (that is, in organizations that are not federal state bodies, state authorities of the constituent entities of the Russian Federation, bodies local government, state corporations (companies), state off-budget funds, other organizations created by the Russian Federation on the basis of federal laws, as well as organizations created to fulfill the tasks assigned to federal state bodies).

The management of the organization can use the Guidelines for the following purposes:

Obtaining information about the main procedures and mechanisms that can be implemented in organizations in order to prevent and combat corruption;

Obtaining information about the role, functions and responsibilities that the organization's management needs to take on in order to effectively implement anti-corruption measures in the organization;

Development of the basics of anti-corruption policy in the organization.

Persons responsible for the implementation of the anti-corruption policy in the organization can use these Guidelines in order to:

Development and implementation in the organization of specific measures and activities aimed at preventing and combating corruption, including the development and implementation of relevant regulatory documents and methodological materials.

Employees of the organization can use the Guidelines for the following purposes:

Obtaining information about the obligations that may be assigned to the employees of the organization in connection with the implementation of anti-corruption measures.

Information provided by "ConsultantPlus"

The submitted documents are included in ConsultantPlus Systems

for the development and adoption of measures by organizations

for Preventing and Combating Corruption

Guidelines for the development and adoption by organizations of measures to prevent and combat corruption (hereinafter referred to as the Guidelines) were developed in pursuance of subparagraph “b” of paragraph 25 of Decree of the President of the Russian Federation dated April 2, 2013 No. 309 “On measures to implement certain provisions of the Federal Law” On Combating Corruption” and in accordance with Article 13.3 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”.

The purpose of the Guidelines is to form a unified approach to ensuring work on the prevention and counteraction of corruption in organizations, regardless of their form of ownership, organizational and legal forms, industry affiliation and other circumstances.

· informing organizations about the regulatory and legal support of work to combat corruption and responsibility for committing corruption offenses;

· determination of the basic principles of combating corruption in organizations;

· methodological support development and implementation of measures aimed at preventing and combating corruption in the organization.

2. Terms and definitions

Article 19.28 of the Code of Administrative Offenses of the Russian Federation does not establish a list of persons whose illegal actions may lead to the imposition of administrative responsibility on the organization under this article. Judicial practice shows that usually such persons are the heads of organizations.

Illegal attraction to labor activity former state (municipal) employee

Organizations must take into account the provisions of Article 12 of Federal Law No. 273-FZ, which establish restrictions for a citizen who has held a position in a state or municipal service when he concludes an employment or civil law contract.

In particular, the employer, when concluding an employment or civil law contract for the performance of work (rendering of services) with a citizen who held positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after his dismissal from the state or municipal service is obliged within ten days to report the conclusion of such an agreement to the representative of the employer (employer) of a state or municipal employee at his last place of service.

The procedure for the submission of this information by employers is enshrined in Decree of the Government of the Russian Federation dated September 8, 2010 No. 700.

The above requirements, based on the provisions of clause 1 of Decree of the President of the Russian Federation of July 21, 2010 No. 925 “On Measures to Implement Certain Provisions of the Federal Law “On Combating Corruption”, apply to persons who held positions of federal public service, included in section I or section II of the list of positions of the federal civil service, upon appointment to which citizens and upon the replacement of which federal civil servants are required to provide information about their income, property and obligations of a property nature, as well as information about income, property and obligations property nature of his wife (spouse) and minor children, approved by Decree of the President of the Russian Federation of May 18, 2009 No. 557, or in the list of positions approved by the head of the state body in accordance with section III of the said list. The lists of positions in the state civil service of the constituent entities of the Russian Federation and municipal service are approved by the state authorities of the constituent entities of the Russian Federation and local governments (paragraph 4 of the Decree of the President of the Russian Federation dated 01.01.01 No. 925).

Failure by the employer to fulfill the obligation provided for by Part 4 of Article 12 of Federal Law No. 273-FZ is an offense and entails liability in the form of an administrative fine in accordance with Article 19.29 of the Code of Administrative Offenses of the Russian Federation.

1.3. Responsibility of natural persons

The liability of individuals for corruption offenses is established by Article 13 of Federal Law No. 273-FZ. Citizens of the Russian Federation, Foreign citizens and stateless persons for committing corruption offenses bear criminal, administrative, civil and disciplinary liability in accordance with the legislation of the Russian Federation. Relevant excerpts from regulatory legal acts are given in Appendix 1 to these Guidelines.

Labor legislation does not provide for special grounds for bringing an employee of an organization to disciplinary liability in connection with the commission of a corruption offense by him in the interests or on behalf of the organization.

However, in Labor Code Russian Federation
(hereinafter - the Labor Code of the Russian Federation) there is the possibility of bringing an employee of the organization to disciplinary responsibility.

So, according to Article 192 of the Labor Code of the Russian Federation, disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of Article 336, as well as paragraphs 7 or 7.1 of the first part of Article 81 of the Labor Code of the Russian Federation in cases where the guilty actions that give grounds for the loss of confidence are committed by the employee at the place of work and in connection with the performance by him job duties. The employment contract may be terminated by the employer, including in the following cases:

a single gross violation by the employee of labor duties, expressed in the disclosure of legally protected secrets (state, commercial and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee (subparagraph "c" of paragraph 6 of part 1 article 81 of the Labor Code of the Russian Federation);

the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer (paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation);

making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization (clause 9 of the first part of Article 81 of the Labor Code of the Russian Federation);

a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties (paragraph 10 of the first part of Article 81 of the Labor Code of the Russian Federation).

2. Foreign legislation

Organizations and their employees should take into account that they may be subject to the norms and sanctions established not only by Russian, but also by foreign anti-corruption legislation, in particular:

· the Russian organization may be subject to the anti-corruption laws of those countries in which the organization operates;

· in relation to a foreign organization for committing a corruption offense in the territory of the Russian Federation, sanctions may be applied under the anti-corruption legislation of the country in which the organization is registered or with which it is otherwise connected.

In this regard, Russian organizations are advised to carefully study the anti-corruption legislation of the countries in which they operate. Close attention should be paid to possible cases of bringing an organization to responsibility for committing a corruption offense in the territory of such a country. Organizations should take into account the provisions of the laws of the countries in which they are residents.

Of particular importance is the legislation aimed at countering the bribery of foreign officials. General approaches to combating this crime are enshrined in the Convention of the Organization economic cooperation and development to combat foreign bribery in international business transactions. Information about the named Convention is given in Appendix 2 to these Guidelines.

A number of foreign countries have adopted legislative acts on combating corruption and bribery, which have extraterritorial effect. Organizations registered and (or) operating on the territory of the Russian Federation that are subject to such regulatory legal acts must also take into account the requirements and restrictions established by them. Appendix 2 to these Guidelines provides short review the US Foreign Corrupt Practices Act, 1977 - FCPA; and the UK Bribery Act, 2010.

In the event of difficult situations related to the bribery of foreign officials, Russian organizations operating outside the territory of the Russian Federation may seek advice and support from the diplomatic and trade missions of the Russian Federation abroad.

The appeal may be carried out, including for the purpose of reporting information that has become known to the organization about the facts of bribery of foreign officials by Russian organizations or to obtain support when the organization encounters cases of extortion of bribes or receiving (giving) bribes from foreign officials.

III. Basic principles of combating corruption in the organization

When creating a system of anti-corruption measures in an organization, it is recommended to be based on the following key principles:

1. The principle of compliance of the organization's policy with the current legislation and generally accepted norms.

Compliance of the implemented anti-corruption measures with the Constitution of the Russian Federation, international treaties concluded by the Russian Federation, the legislation of the Russian Federation and other regulatory legal acts applicable to the organization.

2. The principle of personal example leadership.

The key role of the organization's management in the formation of a culture of intolerance towards corruption and in the creation of an internal system for preventing and combating corruption.

3. The principle of employee involvement.

Awareness of the employees of the organization about the provisions of anti-corruption legislation and their active participation in the formation and implementation of anti-corruption standards and procedures.

4. The principle of proportionality of anti-corruption procedures to the risk of corruption.

The development and implementation of a set of measures to reduce the likelihood of the organization, its managers and employees being involved in corrupt activities is carried out taking into account the corruption risks existing in the activities of this organization.

5. The principle of the effectiveness of anti-corruption procedures.

The use in the organization of such anti-corruption measures that are low cost, provide ease of implementation and bring significant results.

6. The principle of responsibility and the inevitability of punishment.

The inevitability of punishment for employees of the organization, regardless of their position, length of service and other conditions in the event that they commit corruption offenses in connection with the performance of their labor duties, as well as the personal responsibility of the organization's management for the implementation of internal organizational anti-corruption policy.

7. The principle of business openness.

Regular monitoring of the economic feasibility of expenses in areas with a high corruption risk: exchange of business gifts, entertainment expenses, charitable donations, remuneration to external consultants

Engagement of experts

Periodic external audit

Involvement of external independent experts in the implementation economic activity organization and organization of anti-corruption measures

Evaluation of the results of ongoing anti-corruption work and dissemination of reporting materials

Carrying out a regular assessment of the results of work on combating corruption

Preparation and distribution of reporting materials on the work carried out and the results achieved in the field of combating corruption

As an integral part or annex to the anti-corruption policy, the organization may approve a plan for the implementation of anti-corruption measures. When drawing up such a plan, it is recommended to indicate the timing of its implementation and the responsible executor for each event.

2. Identification of units or officials responsible for combating corruption

Organizations are recommended to determine the structural unit or officials responsible for combating corruption, based on their own needs, tasks, specific activities, staffing, organizational structure, material resources, and other features.

The tasks, functions and powers of the structural unit or officials responsible for combating corruption must be clearly defined.

For example, they can be set:

· in the organization's anti-corruption policy and other regulatory documents that establish anti-corruption procedures;

refusal of the employee from his personal interest, giving rise to a conflict with the interests of the organization;

dismissal of an employee from the organization at the initiative of the employee;

Dismissal of an employee at the initiative of the employer for committing a disciplinary offense, that is, for failure to perform or improper performance by the employee through his fault of the labor duties assigned to him.

The above list of ways to resolve a conflict of interest is not exhaustive. In each specific case, by agreement between the organization and the employee who disclosed information about a conflict of interest, other forms of its settlement may be found.

When resolving an existing conflict of interest, one should choose the “softest” settlement measure possible, taking into account the existing circumstances. More stringent measures should only be used when there is a real need to do so, or if more “soft” measures have proven insufficiently effective. When deciding on the choice of a specific method for resolving a conflict of interest, it is important to take into account the significance of the employee's personal interest and the likelihood that this personal interest will be realized to the detriment of the interests of the organization.

Determination of persons responsible for receiving information about a conflict of interest and consideration of this information

Determination of officials responsible for receiving information about emerging (existing) conflicts of interest is an essential element in the implementation of anti-corruption policy. Such a person may be the immediate supervisor of the employee, an employee of the personnel service, the person responsible for combating corruption. It is advisable to consider the information received collectively: the above-mentioned persons, a representative of the legal department, a higher-level manager, etc. can take part in the discussion.

5. Implementation of standards of behavior for employees of the organization

An important element of the work to prevent corruption is the introduction of anti-corruption standards of employee behavior into the corporate culture of the organization. For these purposes, the organization is recommended to develop and adopt a code of ethics and official conduct for employees of the organization. At the same time, it should be borne in mind that such a code has more wide range actions than regulation of issues directly related to the prohibition of committing corruption offenses. As a rule, the code establishes a set of rules and standards of behavior for employees that affect common ethics business relations and aimed at the formation of ethical, conscientious behavior of employees and the organization as a whole.

Codes of ethics and official conduct can differ significantly from each other in terms of the degree of rigidity of the established regulation. On the one hand, the code can only enshrine the core values ​​and principles that the organization intends to cultivate in its activities. On the other hand, a code may establish specific, binding rules of conduct. The organization should develop a code of ethics and official conduct based on its own needs, tasks and specifics of the activity. The use of standard solutions is undesirable. At the same time, when preparing its code, an organization can use the codes of ethics and official conduct adopted in this professional community.

The Code of Ethics and Service Conduct can fix both general values, principles and rules of conduct, as well as special ones aimed at regulating behavior in certain areas. Examples of shared values, principles and rules of conduct that can be enshrined in a code are:

Compliance with high ethical standards of conduct;

· maintenance of high standards of professional activity ;

· adherence to the best corporate governance practices ;

Creation and maintenance of an atmosphere of trust and mutual respect;

· adherence to the principle of fair competition;

· adherence to the principle of social responsibility of business;

Compliance with the law and assumed contractual obligations;

Observance of the principles of objectivity and honesty when making personnel decisions.

General values, principles and rules of conduct can be disclosed and detailed for individual areas (types) of activity. For example, in the area personnel policy the principle of promotion to a higher position can be enshrined only on the basis of the employee's business qualities, or a ban on work in the organization of relatives can be introduced on the condition of their direct subordination to each other. At the same time, rules for the implementation of certain procedures aimed at maintaining the declared standards, and defining the terminology used, can be introduced into the code. For example, when fixing the principle of promotion to a higher position only on the basis of the employee's business qualities, a procedure for filing an employee with a complaint about a violation of this principle can be established. When establishing a ban on working in an organization of relatives on the condition of their direct subordination to each other, an exact definition of the concept of “relatives” can be given, that is, the circle of persons to whom this ban applies is clearly defined. Thus, the code of ethics and official conduct can not only declare certain values, principles and standards of conduct, but also establish rules and procedures for their implementation in the practice of the organization.

6. Consulting and training of employees of the organization

When organizing training for employees on prevention and combating corruption, it is necessary to take into account the goals and objectives of training, the category of trainees, the type of training, depending on the time of its implementation.

The goals and objectives of training determine the subject and form of classes. Training can, in particular, be carried out on the following topics:

corruption in the public and private sectors of the economy (theoretical);

legal liability for committing corruption offenses;

familiarization with the requirements of legislation and internal documents of the organization on combating corruption and the procedure for their application in the activities of the organization (applied);

Identification and resolution of conflicts of interest in the performance of labor duties (applied);

· behavior in situations of corruption risk, in particular in cases of extortion of a bribe from officials of state and municipal, other organizations;

· interaction law enforcement on prevention and combating corruption (applied).

When organizing training, the category of trainees should be taken into account. The following groups of trainees are standardly distinguished: persons responsible for combating corruption in the organization; executives; other employees of the organization. In small organizations, it may be a problem to form study groups. In this case, it may be recommended to replace training in groups with individual counseling or training jointly with other organizations by agreement.

Depending on the timing, the following types of training can be distinguished:

· training on prevention and combating corruption immediately after employment;

training when an employee is appointed to another, higher position, which involves the performance of duties related to the prevention and counteraction of corruption;

· periodic training of employees of the organization in order to maintain their knowledge and skills in the field of combating corruption at the proper level;

· additional training in case of detection of failures in the implementation of anti-corruption policy, one of the reasons for which is the lack of knowledge and skills of employees in the field of combating corruption.

Advice on anti-corruption issues is usually carried out in individually. In this case, it is advisable to identify the persons of the organization responsible for such consultation. Advice on specific issues of combating corruption and resolving conflicts of interest is recommended to be carried out on a confidential basis.

7. Internal control and audit

Federal Law No. 402-FZ of December 6, 2011
"On Accounting" establishes the obligation for all organizations to exercise internal control over business operations, and for organizations whose accounting statements are subject to mandatory audit, it is also the obligation to organize internal control over accounting and the preparation of financial statements.

The system of internal control and audit of the organization can contribute to the prevention and detection of corruption offenses in the activities of the organization. At the same time, the implementation of such tasks of the internal control and audit system as ensuring the reliability and reliability of the organization's financial (accounting) statements and ensuring that the organization's activities comply with the requirements of regulatory legal acts and local regulations of the organization are of the greatest interest. To do this, the internal control and audit system should take into account the requirements of the anti-corruption policy implemented by the organization, including:

· verification of compliance with various organizational procedures and rules of activity that are significant from the point of view of work on the prevention and prevention of corruption;

· control of documentation of operations of economic activity of the organization;

· verification of the economic feasibility of ongoing operations in the areas of corruption risk.

Verification of the implementation of organizational procedures and rules of activity that are significant from the point of view of work on the prevention and prevention of corruption, may cover both special anti-corruption rules and procedures (for example, listed in Table 1), and other rules and procedures that are of indirect importance (for example, some general rules and standards of conduct as set out in the organization's code of ethics and performance).

The control of documenting business operations is primarily associated with the obligation to maintain financial (accounting) reports of the organization and is aimed at preventing and identifying relevant violations: drawing up unofficial reports, using fake documents, recording non-existent expenses, lack of primary accounting documents, corrections in documents and reporting, destruction documents and reporting ahead of schedule, etc.

Checking the economic feasibility of ongoing operations in the areas of corruption risk can be carried out in relation to the exchange of business gifts, entertainment expenses, charitable donations, remuneration to external consultants and other areas. At the same time, attention should be paid to the presence of circumstances - indicators of illegal actions, for example:

payment for services, the nature of which is not defined or is in doubt;

providing expensive gifts, paying for transport, entertainment services, issuing loans on preferential terms, providing other valuables or benefits to external consultants, state or municipal employees, employees of affiliates and contractors;

· payment to an intermediary or an external consultant of remuneration, the amount of which exceeds the usual fee for the organization or a fee for this type of service;

purchases or sales at prices significantly different from market prices;

Doubtful cash payments.

As part of the ongoing anti-corruption measures, the management of the organization and its employees should also pay attention to the provisions of the legislation regulating counteraction to the legalization of funds obtained illegally, including:

the acquisition, possession or use of property, knowing that such property is the proceeds of crime;

Concealment or concealment of the true nature, source, location, method of disposal, transfer of rights to property or its accessories, if it is known that such property is the proceeds of crime.

The Federal Law of August 7, 2001 “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” establishes a list of organizations obliged to participate in the execution of the requirements of this document. Thus, in particular, financial institutions are required to ensure proper identification of the identity of customers, owners, beneficiaries, submit reports of suspicious transactions to the authorized bodies, and take other mandatory actions aimed at combating corruption.

8. Taking measures to prevent corruption when interacting with counterparty organizations and in dependent organizations

In the anti-corruption work carried out in cooperation with counterparty organizations, two directions can be conventionally distinguished. The first of these is to establish and maintain business relationships with those organizations that conduct business in a conscientious and honest manner, care about their own reputation, demonstrate support for high ethical standards in doing business, implement their own anti-corruption measures, participate in collective anti-corruption initiatives. . In this case, the organization needs to implement special procedures for checking counterparties in order to reduce the risk of the organization being involved in corrupt activities and other unfair practices in the course of relations with counterparties. In its simplest form, such a check can be a collection and analysis of publicly available information about potential counterparty organizations: their reputation in the business community, the duration of their activity in the market, participation in corruption scandals, etc. Attention in the course of assessing corruption risks when interaction with counterparties should also be given when concluding mergers and acquisitions.

Another area of ​​anti-corruption work when interacting with counterparty organizations is to disseminate among counterparty organizations programs, policies, standards of conduct, procedures and rules aimed at preventing and combating corruption that are applied in the organization. Certain provisions on compliance with anti-corruption standards may be included in contracts concluded with counterparty organizations.

The dissemination of anti-corruption programs, policies, standards of conduct, procedures and rules should be carried out not only in relation to counterparty organizations, but also in relation to dependent (controlled) organizations. The organization, in particular, can ensure the implementation of anti-corruption measures in all subsidiaries controlled by it.

In addition, it is recommended to inform the public about the degree of implementation and progress in the implementation of anti-corruption measures, including by posting relevant information on the official website of the organization.

If there are joint ventures that are not controlled by the organization, the organization can bring to the attention of partners information about the measures it takes in the field of prevention and combating corruption and encourage the adoption of similar measures at the joint venture. In general, the possibility of introducing anti-corruption programs should be discussed at the stage of organizing a joint venture. The relevant agreement may also include a provision that if facts of corruption offenses are committed by the joint venture, the organization should have the opportunity to withdraw from the agreement, since the continuation of the business relationship may otherwise damage its reputation.

9. Cooperation with law enforcement agencies in the field of combating corruption

Cooperation with law enforcement agencies is an important indicator of the actual commitment of the organization to the declared anti-corruption standards of conduct. This cooperation can be carried out in various forms.

Firstly, the organization may assume a public obligation to report to the relevant law enforcement agencies about cases of corruption offenses that the organization (organization employees) become aware of. When applying to law enforcement agencies, one should take into account the investigative nature of crimes, which is described in more detail in Appendix 1 to these Guidelines.

The need to report to the relevant law enforcement agencies about cases of corruption offenses that the organization has become aware of can be assigned to the person responsible for preventing and combating corruption in this organization.

The organization should undertake to refrain from any sanctions against its employees who reported to law enforcement agencies about information that became known to them in the course of their work duties about the preparation or commission of a corruption offense.

Cooperation with law enforcement may also take the form of:

· rendering assistance to authorized representatives of the control and supervisory and law enforcement agencies during their inspections of the activities of the organization on the issues of preventing and combating corruption;

· rendering assistance to authorized representatives of law enforcement agencies in carrying out measures to suppress or investigate corruption crimes, including operational-search measures.

The management of the organization and its employees should be supported in identifying and investigating facts of corruption by law enforcement agencies, taking necessary measures on the preservation and transfer to law enforcement agencies of documents and information containing data on corruption offenses. When preparing application materials and responding to requests from law enforcement agencies, it is recommended that specialists in the relevant field of law be involved in this work.

Management and employees must not allow judicial or law enforcement officials to interfere with their official duties.

10. Participation in collective anti-corruption initiatives

Organizations can not only implement measures to prevent and combat corruption on their own, but also take part in collective anti-corruption initiatives.

Participation in the following activities is recommended as a joint anti-corruption action:

· Accession to the Anti-Corruption Charter of Russian Business;

· the use of standard anti-corruption clauses in joint agreements;

participation in the formation of the Register of reliable partners;

public refusal to conduct joint business activities with persons (organizations) involved in corruption crimes;

· organizing and conducting joint training on prevention and combating corruption.

The Anti-Corruption Charter is open for accession by all-Russian, regional and industry associations, as well as Russian companies and foreign companies operating in Russia. At the same time, companies can join the Anti-Corruption Charter both directly and through associations of which they are members.

On the basis of the Anti-Corruption Charter and taking into account these Methodological Recommendations, business associations can develop independent guidelines for the implementation of specific measures to prevent and combat corruption, depending on the industry, line of business or the size of the enterprises they unite.

On issues of prevention and combating corruption, organizations, among other things, can interact with the following associations:

· Chamber of Commerce and Industry of the Russian Federation and its regional associations(www.*****);

· Russian Union industrialists and entrepreneurs (www. *****);

· All-Russian public organization "Business Russia" (www. *****);

All-Russian public organization small and medium business "OPORA RUSSIA" (www. *****).

Letter of the Ministry of Health and Social Development of Russia dated September 20, 2010 No. 000-17 “On methodological recommendations on the procedure for notifying a representative of an employer (employer) about the facts of an appeal in order to induce a state or municipal employee to commit corruption offenses, including a list of information contained in notifications, organizational issues verification of this information and the procedure for registering notifications ”is published in the reference legal systems Consultant Plus and GARANT, as well as on the official website of the Ministry of Labor of Russia at: http://www. *****/ministry/programms/gossluzhba/antikorr/1.

The text of the Anti-Corruption Charter and the Roadmap describing the mechanism for joining the charter are given in Annex 5 to the Guidelines.

Detailed information about the Register of reliable partners can be found at the address on the Internet: http://*****/.

for the development and adoption of measures by organizations

for Preventing and Combating Corruption

Moscow

2014

paragraph 1 Decree of the President of the Russian Federation of July 21, 2010 No. 925 “On Measures to Implement Certain Provisions of the Federal Law “On Combating Corruption” applies to persons holding federal civil service positions included in section I or section II a list of positions in the federal civil service, upon appointment to which citizens and upon the replacement of which federal civil servants are required to provide information about their income, property and property-related obligations, as well as information about the income, property and property-related obligations of their spouse and minor children, approved by Decree of the President of the Russian Federation dated May 18, 2009 No. 557, or in the list of positions approved by the head of a state body in accordance with section III named list. The lists of positions in the state civil service of the constituent entities of the Russian Federation and the municipal service are approved by the state authorities of the constituent entities of the Russian Federation and local governments ( point 4 Decree of the President of the Russian Federation of July 21, 2010 No. 925).

Failure by the employer to fulfill the obligation stipulated by Part 4 of Article 12 of the Federal Law "On Combating Corruption" is an offense and entails liability in the form of an administrative fine in accordance with Article 19.29 of the Code of Administrative Offenses of the Russian Federation.

1.3. Responsibility of natural persons

The liability of individuals for corruption offenses is established by Article 13 of the Federal Law "On Combating Corruption". Citizens of the Russian Federation, foreign citizens and stateless persons for committing corruption offenses bear criminal, administrative, civil and disciplinary liability in accordance with the legislation of the Russian Federation. Relevant excerpts from regulatory legal acts are given in Appendix 1 to these Guidelines.

Labor legislation does not provide for special grounds for bringing an employee of an organization to disciplinary liability in connection with the commission of a corruption offense by him in the interests or on behalf of the organization.

However, in the Labor Code of the Russian Federation
(hereinafter - the Labor Code of the Russian Federation) there is the possibility of bringing an employee of the organization to disciplinary responsibility.

Thus, according to article 192 of the Labor Code of the Russian Federation, disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for points 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of article 336, as well as paragraphs 7 or 7.1 part one of Article 81 Labor Code of the Russian Federation in cases where guilty actions that give rise to loss of confidence are committed by an employee at the place of work and in connection with the performance of his labor duties. The employment contract may be terminated by the employer, including in the following cases:

a single gross violation by the employee of labor duties, expressed in the disclosure of legally protected secrets (state, commercial and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee (subparagraph "c" of paragraph 6 of part 1 article 81 of the Labor Code of the Russian Federation);

the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer (paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation);

making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization (paragraph 9 of the first part of Article 81 of the Labor Code of the Russian Federation);

a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties (paragraph 10 of the first part of Article 81 of the Labor Code of the Russian Federation).

2. International agreements on combating corruption in commercial organizations and foreign legislation

Organizations and their employees should take into account that they may be subject to the norms and sanctions established not only by Russian, but also by foreign anti-corruption legislation, in particular:

· the Russian organization may be subject to the anti-corruption laws of those countries in which the organization operates;

· in relation to a foreign organization for committing a corruption offense in the territory of the Russian Federation, sanctions may be applied under the anti-corruption legislation of the country in which the organization is registered or with which it is otherwise connected.

In this regard, Russian organizations are recommended to study the anti-corruption legislation of the countries in which they operate, in terms of the grounds for holding the organization liable for corruption offences.

Of particular importance is the legislation aimed at counteracting the bribery of foreign officials. General approaches to combating this crime are enshrined in the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Information about the named Convention is given in Appendix 2 to these Guidelines.

In the event of difficult situations related to the bribery of foreign officials, Russian organizations operating outside the territory of the Russian Federation may seek advice and support from the diplomatic and trade missions of the Russian Federation abroad.

The appeal may be carried out, including for the purpose of reporting information that has become known to the organization about the facts of bribery of foreign officials by Russian organizations or to obtain support when the organization encounters cases of extortion of bribes or receiving (giving) bribes from foreign officials.

On the territory of Russia, the Investigative Committee of the Russian Federation has the exclusive competence to investigate the facts of bribery of foreign officials (giving and receiving a bribe). In this regard, it is recommended to inform the investigating authorities of the Investigative Committee of the Russian Federation about the facts of bribery of foreign officials by individuals and legal entities.

A number of foreign countries have adopted legislative acts on combating corruption and bribery, which have extraterritorial effect. Organizations registered and (or) operating in the territory of the Russian Federation that fall under the scope of such regulatory legal acts should take into account the requirements and restrictions established by them. Appendix 3 of this Guidelines provides a summary of the US Foreign Corrupt Practices Act (Foreig No. Corrupt Practices Act, 1977 - FCPA) and the UK Bribery Act (2010).

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Special duties in connection with the prevention and counteraction of corruption may be established for the following categories of persons working in the organization: 1) the management of the organization; 2) persons responsible for the implementation of the anti-corruption policy; 3) employees whose activities are associated with corruption risks; 3) persons exercising internal control and audit, etc.

Based on the provisions of Article 57 of the Labor Code of the Russian Federation, by agreement of the parties, the employment contract may also include the rights and obligations of the employee and employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and employer, arising from the terms of the collective agreement, agreements.

In this regard, both general and special duties are recommended to be included in the employment contract with the employee of the organization. Provided that the obligations of the employee in connection with the prevention and counteraction of corruption are fixed in the employment contract, the employer has the right to apply measures to the employee disciplinary action, including dismissal, if there are grounds provided for by the Labor Code of the Russian Federation, for committing unlawful actions that resulted in the failure to fulfill the labor duties assigned to him.

Establishment of a list of anti-corruption measures carried out by the organization and the procedure for their implementation (application)

It is recommended that the anti-corruption policy of the organization include a list of specific measures that the organization plans to implement in order to prevent and combat corruption. The set of such activities may vary and depend on the specific needs and capabilities of the organization. An indicative list of anti-corruption measures that can be implemented in an organization is given in Table 1.

Table 1 - Indicative list of anti-corruption measures

As an integral part or annex to the anti-corruption policy, the organization may approve a plan for the implementation of anti-corruption measures. When drawing up such a plan, it is recommended to indicate the timing of its implementation and the responsible executor for each event.

. In order to provide a clearer understanding of what behavior is unacceptable for public officials, it is recommended that this Review be made available to the employees of the organization involved in interaction with government bodies exercising control and oversight functions.

· offers of employment in the organization (as well as in affiliated organizations) of a civil servant carrying out control and supervision activities, or members of his family, including offers of employment after dismissal from the civil service;

· proposals for the acquisition of shares or other securities of an organization (or affiliated organizations) by a civil servant carrying out control and supervisory activities, or by members of his family;

· proposals for the transfer to the use of a government official carrying out control and supervisory activities, or members of his family of any property belonging to the organization (or affiliated organization);

· proposals on the conclusion by the organization of a contract for the performance of certain works, with organizations in which family members of a civil servant who carries out control and supervisory activities work, etc.

2. In case of violation by civil servants of the requirements for their official behavior, in the event of situations of soliciting or extortion of a bribe by civil servants of the audited organization, it is recommended to immediately contact by phone " hotline» or to the appropriate e-mail address to the state body carrying out control and supervision activities. The necessary contact information is mandatory placed on the website of each state body in the subsection "anti-corruption". In the case of soliciting or extorting a bribe, an organization can also apply directly to law enforcement agencies.

In addition, if civil servants violate the procedure for carrying out control and supervisory measures, the methods of appealing against the actions of officials provided for by federal laws and by-laws of the Russian Federation should be used. In particular, the administrative regulations for the performance of state functions, adopted by federal state bodies, contain information on the pre-trial (out-of-court) procedure for appealing against decisions and actions (inaction) of the body performing the state function, as well as their officials.

;

· the use of standard anti-corruption clauses in joint agreements;

public refusal to conduct joint business activities with persons (organizations) involved in corruption crimes;

· organizing and conducting joint training on prevention and combating corruption.

The Anti-Corruption Charter is open for accession by all-Russian, regional and industry associations, as well as Russian companies and foreign companies operating in Russia. At the same time, companies can join the Anti-Corruption Charter both directly and through associations of which they are members.

On the basis of the Anti-Corruption Charter and taking into account these Methodological Recommendations, business associations can develop independent guidelines for the implementation of specific measures to prevent and combat corruption, depending on the industry, line of business or the size of the enterprises they unite.

On issues of prevention and combating corruption, organizations, among other things, can interact with the following associations:

· Chamber of Commerce and Industry of the Russian Federation and its regional associations ( www. tpprf . en);

Russian Union of Industrialists and Entrepreneurs ( www. rspp . en);

All-Russian public organization "Business Russia" ( www.deloros.ru);

All-Russian public organization of small and medium-sized businesses "OPORA RUSSIA" ( www.opora.ru).

Letter of the Ministry of Health and Social Development of Russia dated September 20, 2010 No. 7666-17 “On Guidelines on the Procedure for Notifying a Representative of an Employer (Employer) about the Facts of an Appeal to Induce a State or Municipal Employee to Commit Corruption Offenses, including a List of Information Contained in Notifications, Organizational Issues verification of this information and the procedure for registering notifications ”is published in the reference legal systems Consultant Plus and GARANT, as well as on the official website of the Ministry of Labor of Russia at: http://www.rosmintrud.ru/ministry/programms/gossluzhba/antikorr/1.

The text of the Review is posted on the official website of the Ministry of Labor and Social Protection of the Russian Federation ( http://www.rosmintrud.ru/ministry/programms/gossluzhba/antikorr/2/2).

The text of the Anti-Corruption Charter and the Roadmap describing the mechanism for joining the charter are given in Annex 5 to the Guidelines.

Annex 1. Collection of provisions of normative legal acts establishing penalties for committing corruption offenses Annex 2. International agreements on combating corruption in commercial organizations and methodological materials of international organizations Annex 3. Normative legal acts of foreign states on combating corruption with extraterritorial effect 4. Overview of typical situations of conflict of interest Annex 5. Model declaration of conflict of interest Annex 6. Anti-corruption charter of Russian business

I Introduction

Guidelines for the development and adoption by organizations of measures to prevent and combat corruption (hereinafter referred to as the Guidelines) were developed in pursuance of subparagraph "b" of paragraph 25 of Decree of the President of the Russian Federation of April 2, 2013 N 309 "On measures to implement certain provisions of the Federal Law" On Combating Corruption" and in accordance with Article 13.3 of Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption".

The purpose of the Guidelines is to form a unified approach to ensuring work on the prevention and counteraction of corruption in organizations, regardless of their form of ownership, organizational and legal forms, industry affiliation and other circumstances.

Informing organizations about the regulatory and legal support of work to combat corruption and responsibility for committing corruption offenses;

Determination of the basic principles of combating corruption in organizations;

Methodological support for the development and implementation of measures aimed at preventing and combating corruption in the organization.

The commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer (clause 7 of the first part of Article 81 of the Labor Code of the Russian Federation);

Making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization (paragraph 9 of the first part of Article 81 of the Labor Code of the Russian Federation);

A single gross violation by the head of an organization (branch, representative office), his deputies of their labor duties (paragraph 10 of the first part of Article 81 of the Labor Code of the Russian Federation).

2. International agreements on combating corruption in commercial organizations and foreign legislation

Organizations and their employees should take into account that they may be subject to the norms and sanctions established not only by Russian, but also by foreign anti-corruption legislation, in particular:

A Russian organization may be subject to the anti-corruption laws of those countries in which the organization operates;

In relation to a foreign organization for committing a corruption offense in the territory of the Russian Federation, sanctions may be applied under the anti-corruption legislation of the country in which the organization is registered or with which it is otherwise connected.

In this regard, Russian organizations are recommended to study the anti-corruption legislation of the countries in which they operate, in terms of the grounds for holding the organization liable for corruption offences.

Of particular importance is the legislation aimed at counteracting the bribery of foreign officials. General approaches to combating this crime are enshrined in the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Information about the named Convention is given in Appendix 2 to these Guidelines.

In the event of difficult situations related to the bribery of foreign officials, Russian organizations operating outside the territory of the Russian Federation may seek advice and support from the diplomatic and trade missions of the Russian Federation abroad.

The appeal can be made, among other things, for the purpose of reporting information that has become known to the organization about the facts of bribery of foreign officials by Russian organizations or to obtain support when the organization encounters cases of extortion of bribes or receiving (giving) bribes from foreign officials.

On the territory of Russia, the Investigative Committee of the Russian Federation has the exclusive competence to investigate the facts of bribery of foreign officials (giving and receiving a bribe). In this regard, it is recommended to inform the investigating authorities of the Investigative Committee of the Russian Federation about the facts of bribery of foreign officials by individuals and legal entities.

A number of foreign countries have adopted legislative acts on combating corruption and bribery, which have extraterritorial effect. Organizations registered and (or) operating in the territory of the Russian Federation that fall under the scope of such regulatory legal acts should take into account the requirements and restrictions established by them. Appendix 3 of this Guidelines provides a summary of the US Foreign Corrupt Practices Act (1977 - FCPA) and the UK Bribery Act (2010).

III. Basic principles of combating corruption in the organization

When creating a system of anti-corruption measures in an organization, it is recommended to be based on the following key principles:

1. The principle of compliance of the organization's policy with the current legislation and generally accepted norms.

Compliance of the implemented anti-corruption measures with the Constitution of the Russian Federation, international treaties concluded by the Russian Federation, the legislation of the Russian Federation and other regulatory legal acts applicable to the organization.

2. The principle of personal example leadership.

The key role of the organization's management in the formation of a culture of intolerance towards corruption and in the creation of an internal system for preventing and combating corruption.

3. The principle of employee involvement.

Awareness of the employees of the organization about the provisions of anti-corruption legislation and their active participation in the formation and implementation of anti-corruption standards and procedures.

4. The principle of proportionality of anti-corruption procedures to the risk of corruption.

The development and implementation of a set of measures to reduce the likelihood of the organization, its managers and employees being involved in corrupt activities is carried out taking into account the corruption risks existing in the activities of this organization.

5. The principle of the effectiveness of anti-corruption procedures.

The use in the organization of such anti-corruption measures that are low cost, provide ease of implementation and bring significant results.

6. The principle of responsibility and the inevitability of punishment.

The inevitability of punishment for employees of the organization, regardless of their position, length of service and other conditions in the event that they commit corruption offenses in connection with the performance of their labor duties, as well as the personal responsibility of the organization's management for the implementation of internal organizational anti-corruption policy.

7. The principle of business openness.

Informing counterparties, partners and the public about anti-corruption business standards adopted by the organization.

8. The principle of constant control and regular monitoring.

Regular monitoring of the effectiveness of the implemented anti-corruption standards and procedures, as well as control over their implementation.

IV. Anti-corruption policy of the organization

1. General approaches to the development and implementation of anti-corruption policy

The anti-corruption policy of an organization is a set of interrelated principles, procedures and specific measures aimed at preventing and suppressing corruption offenses in the activities of this organization. Information about the anti-corruption policy implemented in the organization is recommended to be fixed in a single document, for example, with the same name - "Anti-corruption policy (name of organization)".

It is recommended that the anti-corruption policy and other documents of the organization regulating the issues of preventing and combating corruption be adopted in the form of local regulations, which will ensure that all employees of the organization are required to comply with them.

The systematic implementation of anti-corruption measures in an organization is associated with certain costs, but in the medium and long term it can bring a number of significant benefits to the organization.

In particular, an organization's commitment to the law and high ethical standards in business dealings contributes to its reputation with other companies and customers. At the same time, the reputation of the organization can to some extent serve as a protection against corrupt attacks by unscrupulous representatives of other companies and public authorities: the latter may refrain from offering or soliciting illegal rewards, because they know that such an offer will be rejected.

In addition, the implementation of anti-corruption measures significantly reduces the risks of applying liability measures against the organization for bribing officials, including foreign ones. It should be especially noted that the prevention of corruption in the selection of counterparty organizations and building relationships with them reduces the likelihood of imposing sanctions on the organization for the improper actions of intermediaries and partners.

The refusal of the organization to participate in corrupt transactions and the prevention of corruption also contribute to the conscientious behavior of its employees in relation to each other and to the organization itself. And vice versa - the organization's loyal attitude towards illegal and unethical behavior in relation to counterparties may lead employees to feel that such behavior is also acceptable in relation to their employer and colleagues.

In the development and implementation of the anti-corruption policy as a document, the following stages should be distinguished:

Development of a draft anti-corruption policy;

Coordination of the project and its approval;

Informing employees about the anti-corruption policy adopted by the organization;

Implementation of anti-corruption measures envisaged by the policy;

Analysis of the application of the anti-corruption policy and, if necessary, its revision.

Development of a draft anti-corruption policy

The developer of the anti-corruption policy may be an official or structural unit of the organization, which is planned to be entrusted with the functions of preventing and combating corruption. Organizations of large and medium-sized businesses that have sufficient financial resources may involve external experts in the development and subsequent implementation of anti-corruption policies.

In addition to those directly responsible for the development of the draft anti-corruption policy, it is recommended to actively involve a wide range of employees of the organization in its discussion. To do this, it is necessary to ensure that employees are informed about the possibility of participating in the preparation of the project. In particular, the draft policy may be posted on the corporate website. Face-to-face discussions and consultations are also useful.

Project approval and approval

The draft anti-corruption policy, prepared taking into account the proposals and comments received, is recommended to be agreed with the personnel and legal departments of the organization, representatives of employees, and then submitted to the management of the organization.

The final version of the project is subject to approval by the management of the organization. The adoption of the policy in the form of a local regulation will ensure that it is mandatory for all employees of the organization to comply with it, which can also be ensured by including these requirements in employment contracts as a duty of the employees.

Informing employees about the anti-corruption policy adopted by the organization

The approved anti-corruption policy of the organization is brought to the attention of all employees of the organization, including through e-mail notification. It is recommended to organize familiarization with the policy of employees hired by the organization against signature. It should also be possible for employees to have unimpeded access to the text of the policy, for example, post it on the corporate website of the organization. It is also useful to provide for a "transitional period" from the moment the anti-corruption policy is adopted to the start of its operation, during which to train the employees of the organization in the implemented standards of conduct, rules and procedures.

Implementation of anti-corruption measures provided for by the policy

The approved policy is subject to direct implementation and application in the activities of the organization. Of exceptional importance at this stage is the support of anti-corruption measures and initiatives by the management of the organization. The head of the organization, on the one hand, must demonstrate a personal example of compliance with anti-corruption standards of conduct, and on the other hand, act as a guarantor of the implementation of anti-corruption rules and procedures in the organization.

Analysis of the application of the anti-corruption policy and, if necessary, its revision

It is recommended to regularly monitor the progress and effectiveness of the implementation of the anti-corruption policy. In particular, an official or structural subdivision of the organization, which is entrusted with the functions of preventing and combating corruption, may annually submit an appropriate report to the management of the organization. If, based on the monitoring results, there are doubts about the effectiveness of the implemented anti-corruption measures, it is necessary to make changes and additions to the anti-corruption policy.

The revision of the adopted anti-corruption policy can also be carried out in other cases, such as amending the Labor Code of the Russian Federation and anti-corruption legislation, changing the legal form of the organization, etc.

Goals and objectives of the implementation of anti-corruption policy;

Concepts and definitions used in politics;

Basic principles anti-corruption activities organizations;

The scope of the policy and the circle of persons falling under its action;

Determination of the officials of the organization responsible for the implementation of the anti-corruption policy;

Determining and fixing the responsibilities of employees and organizations related to the prevention and counteraction of corruption;

Establishment of a list of anti-corruption measures, standards and procedures implemented by the organization and the procedure for their implementation (application);

Responsibility of employees for non-compliance with the requirements of the anti-corruption policy;

The procedure for reviewing and amending the anti-corruption policy of the organization.

Scope of the policy and the circle of persons falling under its action

The main circle of persons falling under the policy are employees of the organization who are in labor relations with it, regardless of their position and functions performed. However, the policy may set out the cases and conditions under which it applies to other persons, for example, individuals and (or) legal entities with which the organization enters into other contractual relations. At the same time, it should be taken into account that these cases, conditions and obligations should also be fixed in contracts concluded by the organization with counterparties.

Fixing the responsibilities of employees and organizations related to the prevention and combating corruption

The obligations of the employees of the organization in connection with the prevention and counteraction of corruption can be general for all employees of the organization or special, that is, established for certain categories of employees.

Examples of general responsibilities of employees in relation to preventing and combating corruption can be the following:

Refrain from committing and (or) participating in the commission of corruption offenses in the interests or on behalf of the organization;

Refrain from behavior that may be interpreted by others as a willingness to commit or participate in the commission of a corruption offense in the interests or on behalf of the organization;

Immediately inform the immediate supervisor / the person responsible for the implementation of the anti-corruption policy / the management of the organization about cases of inducing an employee to commit corruption offenses;

Immediately inform the immediate supervisor / the person responsible for the implementation of the anti-corruption policy / the management of the organization about information that has become known to the employee about cases of corruption offenses committed by other employees, contractors of the organization or other persons;

Notify your immediate supervisor or other responsible person about the possibility of a conflict of interest arising or arising from the employee.

In order to ensure effective execution duties assigned to employees, it is necessary to clearly regulate the procedures for their observance. So, in particular, the procedure for notifying the employer about cases of inciting an employee to commit corruption offenses or about information that has become known to the employee about cases of corruption offenses should be fixed in the local regulatory act of the organization. This document should provide for channels and forms for submitting notifications, the procedure for their registration and terms for consideration, as well as measures aimed at ensuring the confidentiality of the information received and protecting persons who reported corruption offenses. As methodological material when preparing a local regulatory act, we suggest using the Guidelines on the procedure for notifying a representative of an employer (employer) about the facts of an appeal in order to induce a state or municipal employee to commit corruption offenses, including a list of information contained in notifications, issues of organizing the verification of this information and the procedure for registering notifications.

Special duties in connection with the prevention and counteraction of corruption may be established for the following categories of persons working in the organization: 1) the management of the organization; 2) persons responsible for the implementation of the anti-corruption policy; 3) employees whose activities are associated with corruption risks; 3) persons exercising internal control and audit, etc.

Table 1 - Indicative list of anti-corruption measures