Preparation of an anti-corruption program in enterprises

Preparation of an anti-corruption program in enterprises

The modern policy of Ukraine, focused on compliance with the normative requirements of European integration, has a separate important direction of creating an effective nationwide system for preventing and combating corruption based on new principles for the formation and implementation of anti-corruption policy.

An essential functional part of the state’s anti-corruption policy aimed at reducing the impact of corruption risks is the introduction of anti-corruption programs for legal entities.Andrey Prikhodko

The concept of an enterprise’s anti-corruption program is understood as a set of regulatory rules, standards and mandatory procedures in order to identify, counteract and prevent corruption in the activities of a legal entity.

The Law of Ukraine “On the Prevention of Corruption” defines the criteria for legal entities, with the presence of which the approval of the anti-corruption program of the enterprise becomes mandatory.

These laws include:

state, utilities, business companies (in which the state or municipal share exceeds 50%), where the average number of employees for the reporting (financial) year exceeds 50 people, and the gross income from the sale of products (works, services) for this period exceeds 70 million hryvnia;

legal entities participating in the procurement procedure in accordance with the Law of Ukraine “On Public Procurement”, if the cost of procurement of goods (goods), services (services), works is equal to or exceeds 20 million hryvnia.

Отдельно стоит заметить определяющее значение правильного утверждения и реализации антикоррупционной программы при участии предприятия в процедурах публичных закупок.

 

Thus, the terms of the tender documents provide for the provision of copies by the procurement participants :

anti-corruption program

copies of the order on the appointment of a commissioner for the implementation of the anti-corruption program.

In the absence of these documents, the customer decides to refuse the participant to participate in the public procurement procedure and is obliged to reject the participant’s proposal.

At the same time, even despite the approval of the Typical Anti-Corruption Program of a Legal Entity by the decision of the National Agency for the Prevention of Corruption, inquiries to legal professionals related to the adoption of such a program in their own enterprise continue to be popular.

Topical issues, the solution of which requires the involvement of a professional lawyer in this area, includes, as a priority determination of the need to approve an anti-corruption program, preparation of this on the basis of a typical one, preparation of an extract from the program for inclusion in contracts with counterparties, legal analysis of candidates for the authorized person of the enterprise for the implementation of the program, and its direct approval.

Taking this into account, the team of professional lawyers of JSB Prikhodko & Partners offers:

• prepare an anti-corruption program in accordance with applicable law;
• legal support for its approval in the enterprise;
• legal support for making changes to the previously approved version of the anti-corruption program;
• prepare extracts from the anti-corruption program with a view to their inclusion in labor contracts, internal regulations of the legal entity and contracts that will be concluded by the legal entity;
• conduct briefings and explanations for employees on the prevention of corruption;
• to select and instruct the Commissioner for the implementation of the anti-corruption program;
• to appeal the illegal actions of the NAPK to the leadership of the said structure or to the court;
• to provide legal assistance and representation in case of summoning a person to the NAPK;
• appeal against the protocol on an administrative corruption offense or a court decision on the imposition of a penalty.

Thus, taking into account that the practice of the supervised bodies testifies to active supervision over the observance of anti-corruption legislation by enterprises with bringing the perpetrators to justice, we suggest that legal entities approve an anti-corruption program.

 

The legal team of Prikhodko & Partners JSB is always happy to provide legal support to enterprises in the legal implementation of economic activities and will make every effort to protect the interests of the Client in legal relations with government authorities in the implementation of anti-corruption policy measures.

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