There are certain legal bases of anti-corruption of in Russia and security systems in 2017, which we will consider in accordance with the recommendations on the development and adoption of measures to prevent and combat corruption in institutions, organizations and enterprises. These recommendations were prepared by the Department of Legal and Personnel Support of the Committee for Social Protection of the Population of the Volgograd Region dated February 1, 2016.
In accordance with Article 13.3 of the Federal Law "On Combating Corruption", organizations are obliged to develop and take measures to prevent corruption.
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Measures to prevent corruption
Measures to prevent corruption, taken in institutions may include:
- identification units or officials responsible for the prevention of corruption and other offenses;
- cooperation of the organization with law enforcement agencies;
- development and implementation of standards and procedures to ensure the integrity of the organization;
- adoption of a code of ethics and official conduct of employees of the enterprise;
- prevention and settlement of conflicts of interest;
- Preventing the compilation of unofficial reporting and the use of forged documents.
When developing and taking measures to combat corruption, it is necessary to be guided by the Methodological Recommendations of the Ministry of Labor and Social Protection of the Russian Federation on the development and adoption of measures to prevent and combat corruption in institutions of November 8, 2013( hereinafter referred to as the Methodological Recommendations of the Ministry of Labor of Russia, download them in docx formatyou can here. ..).
The Methodological Recommendations of the Ministry of Labor of the Russian Federation reflect the main terms and definitions( used in the light of changes in the legislation of 2014-2015), the liability of legal entities and individuals, the basic principles of combating corruption, general approaches to the development and implementation of anti-corruption policy, legal support, procedures andmechanisms that can be implemented in the institution to prevent and counter corruption;
1. Definition of the official responsible for the prevention of corruption and other offenses
The person responsible for the prevention of corruption and other offenses is appointed by order of the director, he may be a deputy director, head of a structural unit, a specialist directly reporting to the director, or the director himself( in the caseabsence of deputy director and small number of staff of the institution).
The tasks, functions and powers of the official responsible for combating corruption must be clearly defined. They can be established in the anti-corruption policy of the institution and the job description of the responsible employee.
An indicative list of duties of the official responsible for the prevention of corruption and other offenses is specified in paragraph 2 of Section IV of the Methodological Recommendations of the Ministry of Labor of Russia.
2. Cooperation of the organization with law enforcement bodies
Forms of cooperation with law enforcement agencies in the field of combating corruption are reflected in paragraph 9 of Section IV of the Guidelines.
3. Development and implementation of standards and procedures to ensure the good work of the organization
To this end, it is necessary to develop and approve:
- anti-corruption institution policies;
- implementation plan for anti-corruption measures;
- order of notification of the facts of the appeal in order to induce the employees of the institution to commit corruption offenses.
4. Code of Ethics and Service Behavior
The Code of Ethics for Employee Behavior in the Social Security Administration and Social Service Institutions is approved by Order No. 792 of the Ministry of Labor of Russia of December 31, 2013 "On Approving the Code of Ethics and Service Behavior of Workers of the Social Protection Authoritiesinstitutions of social services ".
It is necessary to acquaint( under the signature) the employees of the organization with the Code, as well as to provide free access to the Code, through its placement on the information stand of the enterprise.
5. Prevention and settlement of conflicts of interest
Timely identification of conflicts of interest in the activities of the institution's employees is one of the key elements in preventing corruption offenses.
Conflict of interest can take many different forms. In Appendix 3 to the Methodological Recommendations of the Ministry of Labor of Russia contains an approximate list of possible situations of conflict of interest.
Institution is recommended to develop a memo on typical situations of conflict of interest, reflecting the specifics of its activities and the order of their settlement.
The conflict of interest clause is an internal document of the organization that establishes the procedure for identifying and resolving conflicts of interest that arise with the employees of an institution in the performance of their employment duties. When developing a conflict of interest provision, it is recommended that attention be paid to the inclusion of the following aspects in it:
- goals and objectives of the conflict of interest clause;
- used in the concept and definition state;
- circle of persons affected by the situation;
- basic principles of conflict of interest management in the organization;
- the order of disclosure of the conflict of interests by the employee of the organization and the order of its settlement, including possible ways of resolving the arisen conflict of interests;
- duties of employees in connection with the disclosure and settlement of conflicts of interest;
- definition of persons responsible for receiving information about a conflict of interest that has arisen and considering this information;
- responsibility of employees for non-compliance with the conflict of interest provisions.
More detailed recommendations on the development of the conflict of interest clause are given in Section IV, Section 4, of the Methodological Recommendations of the Ministry of Labor of Russia.
In addition, it is necessary to develop and approve the regulations on the conflict of interest commission and its composition.
The commission shall consist of a chairman, deputy chairman, secretary and members of the commission.
The commission, as a rule, includes independent experts - representatives of public, trade union, scientific, educational organizations.
The provision on the conflict of interest commission should reflect: the main tasks of the commission;grounds for holding a meeting of the commission;the procedure for the formation of the commission, the procedure for the receipt of information to the commission, the procedure for the work of the commission, the procedure for making decisions by the commission.
6. Preventing the preparation of unofficial reports and the use of forged documents
Ensure that unofficial reporting and the use of forged documents are prevented through internal control and audit. The main areas of internal control and audit are reflected in Section IV, paragraph 7, and Table 1 of the Methodological Recommendations of the Ministry of Labor of Russia.
With all the normative acts on the prevention and counteracting of corruption of employees, it is necessary to familiarize them with the list and provide them with free access.
In order to ensure the effective performance of the duties of employees related to the prevention and combating of corruption, it is necessary to clearly regulate the compliance procedures.
The duties of employees in the organization in connection with the prevention and counteraction of corruption can be common for all employees of the organization or special, that is, set for certain categories of employees.
Examples of the general duties of employees in connection with the prevention and combating of corruption may be the following:
- refrain from committing and( or) participating in the commission of corruption offenses for or on behalf of the organization;
- to 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 / person responsible for implementing the anti-corruption policy / management of the organization on cases of declaring an employee to commit corruption offenses;
- immediately inform the immediate manager / person responsible for implementing the anti-corruption policy / management of the organization about information that has become known to the employee about cases of corruption offenses committed by other employees, counterparties of the organization or other persons;
- to inform the immediate manager or other responsible person about the possibility of the conflict of interests arising or arising from the employee.
Special duties in connection with the prevention and counteracting of corruption can be established for the following categories of employees: the management of the organization;persons responsible for the implementation of anti-corruption policy;employees whose activities are related to corruption risks;persons exercising internal control and audit, etc.
Based on the provisions of article 57 of the Labor Code and the Russian Federation, by agreement of the parties in the employment contract may also include the rights and obligations of the employee and employer established by labor law and other regulatory legal acts containing labor law norms, local regulations, as well as rightsand the duties of the employee and employer, arising from the terms of the collective agreement, agreements.
In this regard, both general and specific duties related to preventing and combating corruption, it is recommended to include in the job descriptions and labor contracts of the institution's employees.
Provided that the duties of the employee are fixed in connection with the prevention and counteraction of corruption in the employment contract, the employer has the right to apply to the employee the disciplinary measures provided for by by the Labor Code of the of the Russian Federation for committing unlawful actions that resulted in non-fulfillment of the duties assigned to him.
Regulatory legal support
- Labor code of the Russian Federation;
- Federal Law of December 25, 2008 No. 273-FZ "On Counteracting Corruption";
- Federal Law of January 12, 1996 No. 7-FZ "On Non-Profit Organizations";
- Federal Law of December 6, 2011 No. 402-FZ "On Accounting"( Article 19), Information of the Ministry of Finance of the Russian Federation No. PZ-11/2013 "Organization and implementation by an economic entity of internal control of the facts of economic life, accountingand preparation of accounting( financial) statements ";
- Decree of the Government of the Russian Federation of January 21, 2015 No. 29 "On approval of the rules of communication by the employer on the conclusion of a labor or civil law contract for the performance of work( rendering services) with a citizen who replaced the state or municipal service, the list of which is established by regulatory legalacts of the Russian Federation ";
- Methodical recommendations of the Ministry of Labor and Social Protection of the Russian Federation on the development and adoption of measures to prevent and counteract corruption in institutions November 8, 2013
