Usually, the term corruption is heard quite often in the mass media and in most cases it is associated with state authorities. However, cases of corruption in the private sector of the market economy are not unique today. Why does this happen? If there are no transparent procedures for managing budget funds in the country, there is nepotism, gaps in the legislation, abuse of powers by the authorities – all this causes corruption phenomena. However, for the effective fight against corruption in business, there is a solution – the adoption of an anti-corruption program. Therefore, in this article, we will consider the features of the anti-corruption program for the tender, taking into account the provisions of the current legislation of Ukraine.
What is an anti-corruption program?
The anti-corruption program is a developed document, the purpose of which is to prevent and counter corruption by influencing the behavior of employees of state bodies and legal entities. It establishes rules, approves standards and procedures regarding methods of identifying and eliminating manifestations of corruption in practice.
It is worth noting that the anti-corruption program necessarily requires the presence of an authorized person who will monitor and implement this program and the general strategy of the enterprise in the fight against corruption.
Which companies must approve an anti-corruption program?
From the provisions of the Law on Prevention of Corruption, it is clear that the anti-corruption program must be approved for:
- state, communal enterprises, business associations with a state or communal share of more than 50%, where the number of employees in one financial (reporting) year is more than 50, and the amount of income from the sale of products (or works or services) is more than UAH 70 million;
- legal entities directly participating in public procurement procedures, if the total value of the subject of procurement is more than UAH 20 million. or equal to this equivalent.
Thus, other legal entities are not obliged to develop an anti-corruption program, but they are encouraged to do so. This is manifested due to the requirement of legislation for all legal entities to take measures to counter and prevent corruption, as well as to assess corruption risks in their activities.
Does the absence of an anti-corruption program for the tender mean that a legal entity is not allowed to participate in public procurement?
From the analysis of the provisions of the Law on Public Procurement, it can be said that the customer makes a decision to prohibit a public procurement participant from participating in the tender and is obliged to reject his proposal in the event of the following circumstances, namely:
- available information on entering a legal entity into the UDR of persons who have committed corruption offenses;
- if the interests of a legal entity in a public procurement are represented by a natural person who was previously prosecuted for committing a corruption offense;
- if the legal entity is a participant in the tender procedure in which the value of the subject of purchase, or provision of services or works exceeds or equals UAH 20 million. and at the same time does not have an anti-corruption program or a person who should implement this program in practice.
Therefore, if the subject of procurement is less than UAH 20 million, the legal entity is not required to have an approved anti-corruption program.
Do you need to develop an anti-corruption program for a tender? In the event of such a situation, be sure to contact the “Prykhodko and Partners” law office. Our lawyers will not only provide the necessary legal assistance in the development of an anti-corruption program, but will also advise on other related issues that will arise in the process of cooperation. To calculate the price for the development of an anti-corruption program for a tender, fill out the form below.