Preparation of anti-corruption programs for enterprises

 

Anti-Corruption Program is a legal entity set of rules, standards and procedures for identifying, combating and preventing corruption of the legal person. (Art. 62 of the Law of Ukraine «On Corruption Prevention»).

 

 

Anti-corruption program approved mandatory leaders:

 

  1.  government, utility companies, economic associations (in which state or municipal share exceeds 50 per cent), where the average number of employees for the accounting (financial) year exceeds fifty, and gross revenue from the sale of goods (works, services) for the period exceed seventy million;
  2.  entities that are members of pre-qualification, participants of purchase procedure according to the Law of Ukraine «On public procurement» if the cost of procurement of goods (goods) and services (services) work is equal to or exceeds 20 million.

 

 

Anti-corruption program approved after discussion with members of the legal entity.

Text anti-corruption program should be in constant open access for employees of a legal entity.
Provisions for mandatory compliance with anti-corruption program included in employment contracts, internal regulations of the legal entity, and may be included in contracts concluded legal entity.
In legal entities mentioned in part two of this article, to implement anti-corruption programs designated person responsible for implementing anti-corruption programs (hereinafter – the Ombudsman), whose legal status is defined by this Law.

 

 

Why not admit to trading where there is no anti-corruption program enterprises?

 

 

Under Article 17 of the Law «On public procurement» customer decides to refuse a participant to participate in procurement procedures and obliged to reject the proposal by when:

 

  • the company has no such document as an anti-corruption program;
  • not assigned an authorized person, which may be a person capable of professional level, moral, professional qualities, health condition to perform these duties. The Commissioner is appointed by order of the head and can be released only with the consent of the National Agency.

 

 

 

Why is the anti-corruption program entity?

 

National Agency for the Prevention of Corruption currently not approved a typical anti-corruption program. Procurement practice indicates that the customer trades constantly seeking formal irregularities in the tender offer participants to reject them. For the customer the availability of the participants identical text anti-corruption programs are evidence connectivity members and the legal basis for rejecting their tenders. That’s why each legal entity must have its anti-corruption program.

 

 

What exactly We offer:
  • prepare anti-corruption program in accordance with current legislation and to accompany its approval in NAZC;
  • identify possible risks of corruption and create mechanisms to prevent corruption workers;
  • to instruct and to clarification workers on the prevention of corruption; clarification conduct for the management methods and techniques on their activities NAZC;
  • carry out the selection and instruction of the Commissioner for the implementation of anti-corruption programs;
  • challenge the illegal actions of the leadership NAZC specified structure or to the court;
  • provide legal assistance and representation in case the person to call Nazca;
  • challenge the record of an administrative corruption offense, or court decision on the imposition of penalties.

 

 

Price individually services is determined depending on the complexity of the task facing our lawyers and scope of work.

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