Declination to the commission of corruption offenses

Because theinducement to commit corrupt practicesand its facts about the conflict of interests are widespread, Federal Law 273-FZ "On Counteracting Corruption" requires the employer to develop and introduce into practice certain standards and procedures aimed at ensuring the fair work of institutions and organizations. Therefore, in this article we will consider a sample of the order and the procedure for notification of the facts of treatment in order to induce employees to commit corrupt violations.

Sample sample order

In the cap and body of the document on the main activity, we reflect the following information:

(state) (state, budget, autonomous) institution (organization, enterprise) "NAME"

ORDER of January 9, 2017 No. 1
City / Town

"On approval of the Order of notification of facts of treatment in order to incline employees" NAME "to commit corrupt practices"

In order to implement the Federal Law of December 25, 2008 No. 273-FZ "On Counteracting Corruption" of the draft law:

1. Approve the attachedOrder ofnotification of facts of treatment in order to induce employees to "NAME" to commit corrupt offenses (hereinafter referred to as "Procedure").
2. To appoint an authorized person to receive, register and record notifications on the facts of the appeal in order to induce NIENOVANIE employees to commit corrupt offenses:

Petrov Olga Ivanovna, specify the position of an employee, a structural unit / department.

1. Petrova Olga Ivanovna,position, structural unit:

to familiarize the employees with "NAME" with this order;

when accepting citizens for work in the state institution "NAME" to ensure their familiarization with this order.

1. Control over the execution of this order is reserved(or I impose on-specify full name, position).

Director / Manager Name

The order of notification of the facts of the appeal in order to induce employees to commit corruption offenses

So, consider the approximate form of this document:

EXAMPLE PROCEDURE APPROVED by the order "NAME" from "09" January 2017. No. 1

PROCEDURE OF NOTIFICATION OF THE FACTS OF APPLICATION FOR THE PURPOSE OF WORKERS "NAME" TO COMMITMENT OF PUBLIC OFFENSES

1. General Provisions

1.1. This Procedure regulates the procedure for notification of facts about the reference to employees "NAME OF ORGANIZATION" (hereinafter referred to as the Institution): any persons with a view to inciting to commit corrupt offenses; establishes a list of information to be communicated to the director of the Institution; the procedure for verifying this information, as well as the procedure for registering and sending notifications on the facts of the appeal with a view to inducing the employees of the Institution to commit corrupt offenses to law enforcement agencies.

1.2. The Employee of the Institution (hereinafter referred to as the employee) is obliged to notify the director of the Institution (hereinafter referred to as the director) of all cases of contacting him with any persons with a view to inciting him to commit corrupt offenses.

The notification of the facts of the appeal in order to induce the employee to commit corruption offenses, except for cases when the facts are carried out or are being checked, is the official duty of the employee.

1.3. Failure of the employee to fulfill the obligation provided for in paragraph 1.2 of this Procedure shall be considered an offense entailing the employee's involvement in liability in accordance with the legislation of the Russian Federation.

1. The order of notification of the director about the facts of treatment with a view to inducing employees to commit corruption offenses

2.1. The employee is obliged to notify the director of any person applying to him for the purpose of inducing him to commit corruption offenses no later than the working day following the day of appeal.

If the employee is on a business trip, vacation outside the workplace, he must notify the director no later than the business day following the day of arrival to the place of work.

2.2. Notification of facts of treatment for the purpose of inducing employees of the Institution (hereinafter referred to as "notification") shall be submitted in writing in the form in accordance with Appendix 1 to this Procedure to an authorized official of the Institution.

2.3. The notification shall contain the following information:

surname, first name, patronymic of the employee who made the notification, the position he replaced, the structural unit of the Institution, contact phone numbers;

information on the essence of the appeal, detailed information on the corruption offense that was proposed to be committed to the employee;

information on the circumstances of declination to commit a corruption offense, indicating the date, time, place, form of treatment (by phone, personal meeting, mail, Internet and others);

information on the method of inducement to commit a corruption offense (bribe, bribery, threat, deception, other methods);

all known information about the physical (legal) person who applied to the employee (last name, first name, patronymic, place of residence, place of work, name of the legal entity, other information), as well as persons who were intermediaries in the process of handling;

information on the relationship in which the employee consists of the person applying to him (related, friendly, official, other);

information about eyewitnesses of the incident and about the availability of other materials confirming the fact that the employee is declined to commit a corruption offense;

information on the refusal of the proposal to commit an offense of corruption or on the acceptance of this proposal.

The notice is personally signed by the employee with the date of its compilation.

2.4. The notice shall be accompanied by materials (if any) confirming the circumstances of the application of any persons for the purpose of inducing the employee to commit a corruption offense.

1. Registration of notices and submission of materials to law enforcement bodies

3.1. An authorized official of the Institution (hereinafter referred to as an authorized officer) shall keep the reception, registration and recording of notifications received. Refusal to accept notification is not allowed.

3.2. The notification shall be registered on the day of its receipt in the register of notification of the facts of the appeal in order to induce the employees of the Organization to commit corruption offenses (hereinafter referred to as the journal) in the form according to Appendix 2 to this Procedure.

The journal must be threaded, its pages numbered. On the last page of the journal, the date of commencement of its maintenance and the number of pages contained in it are stamped, which are confirmed by the director's signature and stamped with a stamp.

3.3. It is prohibited to indicate in the journal information that has become known about the applicant's private life, information that constitutes his personal and family secret, as well as other confidential information.

3.4. The notification shall state the number and date of its registration, the surname, initials and signature of the authorized official who accepted the notification. A copy of the notice with the indicated marks is issued to the employee in hand under the signature in the magazine or sent by registered mail with the receipt of the receipt.

3.5. The notice shall be kept for three years from the date of its filing, the journal - within three years from the date of registration of the last notice therein.

The authorized official is responsible for keeping the notice and the journal.

3.6. The authorized officer shall notify the director of the institution of the notification received not later than the next day after the receipt of the notification.

3.7. An official authorized to verify the information contained in the notification is an authorized officer.

3.8. Verification of the information contained in the notification shall be conducted upon the decision of the director of the institution within ten working days from the date of registration of the notice.

3.9. Upon completion of the audit, a notice with an attachment of verification materials is submitted to the director for making a decision on sending information to law enforcement agencies.

3.10. The authorized official shall, within three days after the end of the audit, notify the employee who submitted the notice of the decision taken by the director of the institution.

Notice and its form

ANNEX 1

to the Order of notification of facts of treatment in order to induce the employees of the Institution to commit corrupt offenses

FORM OF NOTIFICATION OF THE FACTS OF APPLICATION FOR THE PURPOSE OF WORKERS "NAME" to commit corrupt offenses

To the director (manager)
"NAME"
_______________________________
(initials, last name)
of ____________________________
(surname, name, patronymic of the employee),
_______________________________
position, structural unit
_______________________________
"NAME", contact phone)

NOTIFICATION

on the fact of applying for the purpose of inducing the employee "NAME" to commit corrupt offenses

1. I am notifying of the fact that I have been called upon to induce me to a corruption offense (hereinafter referred to as "declination to an offense") by ______________________________________________________________________

(surname, name, patronymic, position);
______________________________________________________________________.

(all known information about a physical (legal) person who is inclined to commit an offense)

1. Declination to the offense was carried out in order to implement me _______________________________________________________________.

(the essence of the alleged offense is indicated)

1. Declination to the offense was carried out by means of

____________________________________________________________________
(way of declination: bribery, threat, deception, other methods)

1. Declination to the offense occurred in ________ h ______ min.

«__» _____________ 20__.
at ____________________________________________________________________.
(city, address)

1. Declination to the offense was carried out ________________________

(circumstances of declension:
______________________________________________________________________

telephone conversation, personal meeting, mail, as well as information about the refusal (consent)
______________________________________________________________________

accept the offer of the person for the commission of a corruption offense)

1. With a person who turned to me for the purpose of inducing a corruption offense, I belong to ___________________________________ relations.

(related, friendly, official or otherwise)

1. The eyewitnesses of declining me to an offense are:

_____________________________________________________________________

(surnames, names, patronymics, positions, place of residence of persons in the presence of whom
______________________________________________________________________

there was a fact of the reference to the worker with a view of declination
______________________________________________________________________.

him to commit a corruption offense)
_______________________________________ ___________________________
(date of notification) (signature)

Notification log form

ANNEX 2

to the Order of notification of facts of treatment in order to induce the employees to "NAME" to commit corrupt offenses

FORM of the register of notifications on the facts of treatment in order to induce employees to "NAME" for the commission of corruption offenses

The journal itself consists of 10 columns of the following content:

1. N п / п.
2. Date of registration of the notification.
3. Surname, name, patronymic of the person who filed the notice.
4. Signature of the person who filed the notice.
5. Assigned registration number.
6. Date of assignment of the number.
7. Surname, name, patronymic of the person who accepted the notification.
8. Signature of the person who accepted the notification.
9. Information about the results of the audit.
10. Information about the decision.