Conflict of interest settlement

We know that one of the key measures to prevent corruption offenses is the timely identification of a conflict of interest, prevention and settlement of which represents an important part of the anti-corruption policy. In Appendix No. 3 of the Methodological Recommendations of the Ministry of Labor of Russia, you can find an approximate overview of the list of typical situations of conflict of interest, according to which the organization,

institution or enterprise( in accordance with the specifics of its activities) need to develop a memo on how to resolve conflicts of interest. And it is necessary everywhere for employees with the purpose of revealing on the state, municipal, civil service - such demands are put forward!

So, for an institution, organization or enterprise, through an order for the main activity, a commission is formed to prevent and resolve a conflict of interests, the composition of its members is approved, and a provision on the commission is adopted, where its goals, tasks, functions, form and methods of work are clearly spelled out. The very activity of the commission is to hold meetings with the mandatory compilation of a record of each meeting of the commission, at the end of which its decision is taken;and we should not forget about the adoption of the work plan for the year of the commission at its first meeting and its further follow-up.

procedure

is an internal document in the institution that establishes the procedure for identifying and resolving conflicts of interest that arise in the work of employees of the organization in the performance of their work duties. When developing it, it is recommended to include the following:

1. goals and objectives;
2. concepts and definitions used;
3. circle of persons falling within the scope of this provision;
4. main principles of conflict of interest management in the organization;
5. the order of disclosing the conflict of interests of the employee of the organization, the procedure for its settlement, as well as possible ways to resolve the conflict of interest that has arisen;
6. duties of employees in the disclosure and settlement of conflicts of interest;
7. definition of persons responsible for receiving information about a conflict of interest that has arisen and reviewing this information;
8. responsibility of employees for non-compliance with the conflict of interest provisions.

All of the above is taken from the guidelines of the Ministry of Labor of Russia paragraph 4 of the fourth section.

As we have said, in addition to this, the provisions on the commission for the settlement of the conflict of interests are developed and its composition is approved.

Composition of the commission

The commission includes: the chairman, his deputy, secretary and members. As a rule, the commission includes independent experts: representatives of scientific, trade union, public, educational organizations. The regulation on the commission for the settlement of the conflict of interests reflects: the main tasks;grounds for holding a meeting of the commission;the procedure for its formation, the procedure for the receipt of information in it, the procedure for its operation, and the procedure for making decisions by the commission.

Order on approval of the provisions of the commission and its membership

Consider the example of a sample order in the organization for the main activity.

( State)( state, budgetary) institution( enterprise, organization) "NAME"

ORDER of 01/01/2017, No. 1

Settlement / city

"On approval of the provision on the commission for compliance with the requirements for professional and ethical behavior of employees and the settlement of conflicts of interest in the( state)( state, budgetary, autonomous) institution

" NAME "

Preamble and order content looks like this:

For the purposes of implementing Federal Law No. 273-FZ of 25.12.2008 "On Combating Corruption" I order:

1. To approve the Regulation on the Commission for Compliance with the Requirements for Professional Ethical Behavioremployees and the settlement of a conflict of interests in the( state)( state, budget, autonomous) institution( enterprise, organization) NAME "(Appendix No. 1).
2. To approve the composition of the Commission on compliance with the requirements for professional and ethical behavior of employees and the settlement of conflicts of interest in the( state)( state, budget, autonomous) institution( enterprise, organization) NAME "(Appendix No. 2).
3. Full name , position, structural subdivision, to familiarize employees( state)( state, budget, autonomous) institution( enterprise, organization) with the present order.
4. I control the execution of this order.

Director( head) Name

Appendix No. 1 to the Order of the( state)( state, budgetary, autonomous) institution( enterprise, organization) "NAME" dated January 9, 2017 No. 1.

SAMPLE POSITION - SAMPLE on the commission for:

to comply with the requirements for professional and ethical behavior of employees and conflict of interest settlement in the( state)( state, budget, autonomous) institution "NAME"

I. General provisions of

1. These Regulations determine the ordereducation and activities of the commission on compliance with the requirements for professional and ethical conduct of employees and the settlement of conflicts of interest in the( state)( state, budget, autonomous) institution( enterprise, organization) NAME "(hereinafter - the Commission).

2. The Commission in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation, acts of the Ministry of Labor and Social Protection of the Russian Federation, the Code of Ethics of Service Behavior in the Social Security Administration and Social Institutionsservice, approved by Order of the Ministry of Labor of Russia of December 31, 2013 No. 792( hereinafter - the Code of Ethics), as well as the present Sexzheniem.

3. The main tasks of the Commission are as follows:

a) Assistance in ensuring that employees comply with the state public institution "_____________________"( hereinafter referred to as an employee of the institution) for behavioral requirements in professional and off-duty activities;B) assistance in the settlement of a conflict of interests that could lead to harming the legitimate interests of the state public institution "______________________________________"( hereinafter referred to as the institution), citizens, organizations, the society of the Russian Federation.

4. The Commission shall consider issues related to compliance with the requirements for professional conduct and conflict of interest settlement with respect to employees of the institution.

II.Procedure for the formation of the Commission

5. The composition of the Commission is approved by the order of the institution and there can not be less than 5 people.

6. Organizational, technical and documentation support of the activities of the Commission is entrusted to( prescribe which official).

7. The Commission is composed of:

( a) Chairman of the Commission - Deputy Director of the ( in the absence of the post of Deputy Director - Head of the structural unit) ;B) the vice-president of the Commission appointed by the director of the institution from among the members of the Commission;C) secretary of the commission;

d) other members of the commission, including representatives of public, trade union, scientific, educational organizations, executive authorities, social security institutions of the Volgograd region, invited as independent experts.

8. Independent experts are included in the Commission for Harmonization on a voluntary basis.

9. The composition of the Commission is formed in such a way that the possibility of a conflict of interests that could influence decisions made by the Commission was excluded.

10. All members of the Commission have equal rights in making decisions.

III.The procedure for the work of the

Commission 11. The basis for holding the meeting of the Commission is:

a) information received from law enforcement, judicial or other state bodies, organizations, officials or citizens about the employee committing acts defaming his honor and dignity, or other violation by the employeeestablish requirements of the Code of Ethics;B) information on the availability of the employee of the institution, including in the performance of its functions related to the purchase of goods, works, services for public needs, personal interest, which leads or may lead to conflict of interest.

12. The information specified in clause 11 of this Regulation shall be submitted in writing and contain the following information:

a) surname, first name, patronymic, position of the employee of the institution;B) a description of the employee's violation of the requirements for professional and ethical behavior or signs of personal interest that leads or may lead to a conflict of interest;C) information about the source of information.

13. The Commission may be provided with materials confirming the violation of the requirements of the Code of Ethics by an employee of an institution or the presence of personal interest in him, which leads or may lead to a conflict of interests.

14. The Commission does not consider reports of crimes and administrative violations, as well as anonymous appeals, does not conduct checks on violations of labor discipline.

15. The Chairman of the Commission shall within 3 days from the date of receipt of the information specified in clause 11 of these Regulations make a written decision to conduct an audit of this information, including materials specified in clause 13 of this Regulation.

Information and materials verification is carried out within one month from the date of the decision to conduct it. The period of verification may be extended by the decision of the chairman of the Commission, but not more than up to two months.

16. Upon the written request of the Chairman of the Commission, the director of the institution may instruct to prepare additional information necessary for the work of the Commission, as well as on sending, in accordance with the established procedure, a request to other state bodies, local governments and organizations on submitting relevant information to the Commission.

17. The date, time and place of the meeting of the Commission shall be established by its chairman after collecting materials confirming or refuting information on the performance by an employee of an institution of acts discrediting his honor and dignity, or about another violation of the employee's requirements for professional ethical behavior or about the employee's personalinterest, which leads or can lead to a conflict of interest.

18. The duties of the Secretary of the Commission include the resolution of organizational issues related to the preparation of the meeting of the Commission, as well as the notification of the members of the Commission and the employee regarding whom compliance with the requirements for conduct in professional and non-official activities and( or)on the date, time and place of the meeting, on the issues included in the agenda, not later than five working days before the day of the meeting of the Commission.

19. A meeting of the Commission shall be considered competent if at least two thirds of the total number of members of the Commission are present.

20. If there is a possible conflict of interest with the members of the Commission in connection with consideration of the issues included in the agenda of the meeting of the Commission, they are obliged to declare this before the beginning of the meeting. In this case, a member of the Commission that has declared a conflict of interest does not participate in the consideration of issues on the agenda( the work of the Commission).

21. The meeting of the commission is held in the presence of an employee of the institution, in respect of which the issue of compliance with the requirements for conduct in professional and non-official activities and( or) the settlement of a conflict of interests is considered.

If the employee can not participate in the meeting of the Commission for a good reason, if there is a written request for consideration of the matter without his participation, the commission meeting is held in his absence.

In case of failure to attend the commission meeting of an employee of the institution and in the absence of a written request to consider this issue without his participation, consideration of the matter is postponed. In the case of a repeated absence of an employee of an institution without a good reason, the commission may decide to consider the matter in its absence.

22. At the meeting of the Commission, explanations of the employee of the institution are heard, materials relating to issues included in the agenda of the meeting are considered. The Commission is entitled to invite other persons to their meeting and to hear them orally or to consider written explanations.

23. The members of the Commission and other persons who participated in its meeting are not entitled to disclose the information that has become known to them during the work of the Commission.

24. Following the review of the information specified in subparagraph "a" of clause 11 of this Regulation, the Commission takes one of the following decisions in addition to submitting materials and hearing explanations:

a) to establish that in this case there are no signs of violation of the provisions of the Code of Ethics by an employee of an institution;

b) establish that the employee of the institution has violated the provisions of the Code of Ethics. In this case, the Commission recommends that the director of the institution indicate to the employee the inadmissibility of violating the requirements of the Code of Ethics or apply a specific measure of responsibility to the employee.

25. Based on the results of consideration of the information specified in subparagraph "b" of clause 11 of this Procedure, the commission takes one of the following decisions:

a) determine that in the case under consideration there are no indications of personal interest of the employee of the institution that leads or can lead to a conflictinterests;

b) establish the fact that there is a personal interest of the employee of the institution that leads or may lead to a conflict of interest. In this case, recommendations are proposed aimed at preventing or resolving this conflict of interest.

26. Decisions of the Commission are taken by a simple majority of votes of the members present at the meeting. If the number of votes is equal, the voice of the presiding officer at the meeting of the Commission is decisive.

The Commission's decisions are of a recommendatory nature.

27. The decision of the Commission is formalized by a protocol signed by the members of the Commission who took part in its meeting.

28. The protocol specifies:

a) surname, name, patronymic, position of the employee of the institution in respect of which the issue of violation of the requirements for professional ethical conduct or the existence of personal interest that leads or may lead to a conflict of interest;B) the source of information, which was the basis for the meeting of the Commission;

c) the date of receipt of information to the Commission and the date of its consideration at the meeting of the Commission, the essence of the information;

d) surnames, names, patronymics of the members of the Commission and other persons present at the meeting;E) the essence of the decision and its rationale;E) voting results.

29. A member of the Commission who disagrees with the decision of the Commission has the right to express his opinion in writing, which is subject to mandatory inclusion in the minutes of the meeting of the Commission.

30. Copies of the minutes of the meeting of the Commission shall be sent to the director of the institution within three days from the day of the meeting for consideration, in full or in the form of an extract from the minutes, to the employee, and also upon the decision of the Commission, to other interested persons.

31. In the event that the commission establishes evidence of a disciplinary offense in the actions( inaction) of an employee of an institution, information on this is provided to the director of the institution to decide on the application of the measures of liability to the employee provided for by regulatory legal acts of the Russian Federation.

32. If the commission establishes the fact that the employee of the institution committed an act( the fact of inaction) containing the signs of an administrative offense or the corpus delicti, the director of the institution is obliged to transfer information about the commission of the specified action( inaction) and documents confirming this fact to the law enforcement bodies in a 3-day period, and if necessary - immediately.

33. A copy of the minutes of the meeting of the commission or an extract from it is attached to the personal file of the employee of the institution, in respect of which the issue of compliance with the requirements for conduct in professional and non-official activities and( or) the settlement of a conflict of interests.