Content:
2. Concepts and definitions used in the field of anti-corruption.
3. Grounds for the implementation of anti-corruption policy in MBOU Secondary School No. 8 named after N.V. Ponomareva.
11. in Anti-Corruption Policy.
Explanatory note.
This local regulatory act was drawn up on the basis of the Federal Law of the Russian Federation of December 25, 2008 N 273-FZ “On Combating Corruption”. This Federal Law establishes the basic principles of anti-corruption, the legal and organizational framework for preventing and combating corruption, minimizing and (or) eliminating the consequences of corruption offenses.
Today, the adoption of anti-corruption measures is a necessary practice in all spheres of society and the educational sphere is no exception. The school, as the basis for the future life of each member of society, must first and foremost not allow corruption within its walls, and must resist and eradicate the slightest manifestation of this acute social phenomenon.
1. Goals and objectives of anti-corruption policy in an educational institution.
1.1. Leading goals: avoiding preconditions, excluding the possibility of corruption in MBOU Secondary School No. 8 named after N.V. Ponomareva. Ensuring the protection of the rights and legitimate interests of citizens from negative processes and phenomena associated with corruption, strengthening citizens’ trust in the activities of the school administration.
1.2. To achieve these goals, the following tasks must be solved:
prevention of corruption offences; optimization and specification of the powers of officials; formation of anti-corruption consciousness of participants in the educational process; ensuring the inevitability of responsibility for committing corruption offenses; increasing the management efficiency, quality and accessibility of educational services provided by the school; promoting the implementation of citizens' rights to access information about school activities.
2. Concepts and definitions used in the field
anti-corruption
Corruption - abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for oneself or for third parties or illegal provision of such benefit to the specified person by other individuals;
Anti-corruption - activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local governments, civil society institutions, organizations and individuals within the limits of their powers:
a) to prevent corruption, including identifying and subsequently eliminating the causes of corruption (prevention of corruption);
b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);
c) to minimize and (or) eliminate the consequences of corruption offenses.
Conflict of interest - this is a situation in which the personal interest of an employee affects or may affect the objective performance of his official duties and in which a contradiction arises or may arise between the personal interest of the employee and the legitimate interests of citizens, organizations, society, a subject of the Russian Federation or the Russian Federation, which can lead to causing harm to these legitimate interests of citizens, organizations, society, a subject of the Russian Federation or the Russian Federation.
Personal Interest - the possibility for an employee to receive income (unjust enrichment) in cash or in kind during the performance of official duties, income in the form of material benefits directly for the employee, members of his family and persons related to him or her, as well as for citizens or organizations with whom the employee is bound by financial or other obligations.
Bribe – receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of money, securities, other property, or in the form of illegal provision of services of a property nature, the provision of other property rights for the commission of actions (inaction) in favor of the briber or those represented them of persons, if such actions (inaction) are included in the official powers of the official or if, by virtue of his official position, he can contribute to such actions (inaction), as well as for general patronage or connivance in the service.
Commercial bribery – illegal transfer to a person performing managerial functions in a commercial or other organization of money, securities, other property, provision of services of a property nature, granting other property rights for the commission of actions (inaction) in the interests of the giver in connection with the official position occupied by this person ( Part 1 of Article 204 of the Criminal Code of the Russian Federation).
Types of corruption offenses.
Disciplinary corruption offenses are offenses that have signs of corruption and are not crimes or administrative offenses for which disciplinary liability is established.
Administrative corruption offenses are offenses that have signs of corruption and are not crimes, for which administrative liability is established.
Corruption crimes are socially dangerous acts committed with guilt, provided for by the relevant articles of the Criminal Code of the Russian Federation, containing signs of corruption.
Crimes. related to corruption crimes - any socially dangerous acts provided for in the articles of the Criminal Code of the Russian Federation, committed in complicity with persons who may be found guilty of committing corruption crimes.
The main corruption crimes may include the following types of criminal acts: abuse of official and other powers, receiving and giving bribes, official forgery.
In the broad sense of the concept of corruption crimes, criminal offenses of this nature include: obstruction of legitimate business or other activities, illegal participation in business activities, registration of illegal land transactions, provocation of a bribe or commercial bribery.
3. Grounds for the implementation of anti-corruption policy in MBOU Secondary School No. 8 named after N.V. Ponmareva.
1. Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”;
2. Federal Law of July 17, 2009 No. 172-FZ “On anti-corruption examination of normative legal acts and draft normative legal acts”;
3. Decree of the Government of the Russian Federation dated February 26, 2010 No. 96 “On anti-corruption examination of normative legal acts and draft normative legal acts”;
4.
Law of the Ulyanovsk region dated July 20, 2012 N 89-ZO (as amended on May 5, 2014)
"On combating corruption in the Ulyanovsk region" (adopted by the Legislative Assembly of the Ulyanovsk region on July 12, 2012) (with amendments and additions coming into force on January 1, 2014)
4. Basic principles of anti-corruption.
Anti-corruption in MBOU Secondary School No. 8 named after N.V. Ponomareva is carried out on the basis of the following basic principles:
1. Priority of preventive measures aimed at preventing the formation of causes and conditions that give rise to corruption.
2. Ensuring clear legal regulation of activities, legality and transparency of such activities, state and public control over them.
3. Priority of protecting the rights and legitimate interests of individuals and legal entities.
4. Interaction with public associations and citizens.
5. Officials of the organization responsible for the implementation of anti-corruption policy.
1. School director.
2. Chairman of the trade union committee of MBOU Secondary School No. 8 named after N.V. Ponomareva Sizova S.B.
3. Teacher of history and social studies Petaeva N.V.
6. Basic measures to prevent corruption offenses.
Prevention of corruption offenses is carried out by applying the following measures:
1. Development and implementation of anti-corruption measures.
2. Anti-corruption education and propaganda.
3. Cooperation with law enforcement agencies to prevent crime.
7. Plan of anti-corruption measures in MBOU Secondary School No. 8 named after N.V. Ponomareva.
№ p/p
Events
Responsible
Posting on public places in the school and on the school website:
The charter of the school in order to familiarize parents with information about free education;
Addresses and phone numbers of authorities where citizens should contact in case of corruption: facts of extortion, bribery and other manifestations of corruption in depositing funds.
Administration
schools
Participation in district, regional, regional, all-Russian competitions on anti-corruption.
Deputy Director for VR
Organizing coverage of anti-corruption activities on the school website.
Conducting a legal week at school with the inclusion of anti-corruption issues.
Deputy Director for VR
Purchase of information and educational multimedia tools on anti-corruption education.
Librarian
schools
Conducting classes on anti-corruption topics with students in grades 7-11.
Cool
managers
A survey of students in grades 7-11 on the topic “Formation of an anti-corruption worldview among schoolchildren.”
Deputy Director for VR
Consideration of issues related to the prevention of corruption at parent meetings.
School administration
Meeting with representatives of law enforcement agencies.
Administration
schools
10.
Organizing project activities for students on the topic of fighting corruption.
Cool
managers
11.
Competition among students for the best anti-corruption poster.
Cool
managers
12.
Competition of student creative works on the study of aspects of corruption.
Teachers
Russian language
The action plan for the implementation of the anti-corruption policy strategy is a comprehensive measure that ensures the coordinated application of legal, economic, educational, educational, organizational and other measures aimed at combating corruption in the Municipal Budgetary Educational Institution Secondary School No. 8 named after N.V. Ponomareva, is part of a comprehensive crime prevention program.
8. Introduction of anti-corruption mechanisms.
1. Holding a meeting with school employees on anti-corruption policy in education.
2. Strengthening educational and explanatory work among the administrative and teaching staff of MBOU Secondary School No. 8 named after N.V. Ponomareva on preventing facts of extortion and receipt of money when taking exams.
3. Strengthening control over the maintenance of strict reporting documents in MBOU Secondary School No. 8 named after N.V. Ponomareva.
4. Identification of violations of instructions and guidelines for maintaining class registers, accounting books and forms for issuing certificates of the corresponding level of education;
5. Taking disciplinary action against persons who committed violations.
9. Responsibilities of employees in connection with preventing and combating corruption.
1. Refrain from committing and (or) participating in the commission of corruption offenses in the interests or on behalf of the organization.
2. Refrain from behavior that may be interpreted by others as a willingness to commit or take part in the commission of a corruption offense in the interests of or on behalf of the organization.
3. Immediately inform directly the manager, persons responsible for the implementation of the anti-corruption policy, and the management of higher organizations.
4. Inform the immediate superior and responsible persons about the possibility of a conflict of interest arising or arising for the employee.
10. Responsibility of employees for failure to comply with the requirements of the anti-corruption policy.
10.1. The Institution requires employees to comply with the Anti-Corruption Policy, while following procedures for informing employees about key principles, requirements and sanctions for violations. Each employee, when concluding an employment contract, must be familiarized with the Anti-Corruption Policy of the Institution and local regulations regarding the prevention and combating of corruption issued by the Institution.
10.1. Employees of the Institution, regardless of their position, bear responsibility under the current legislation of the Russian Federation for compliance with the principles and requirements of this Anti-Corruption Policy, as well as for the actions (inaction) of persons subordinate to them who violate these principles and requirements.
10.3. Measures of liability for corruption in the Institution include: measures of criminal, administrative and disciplinary liability in accordance with the legislation of the Russian Federation.
11. Procedure for review and amendments
to Anti-Corruption Policy
If the legislation of the Russian Federation changes, or if insufficiently effective provisions are identified, the Anti-Corruption Policy of the Institution may be revised and changes and additions may be made to it.
Work on updating the Anti-Corruption Policy of the Institution is carried out on behalf of the director of the State Public Institution "UGII" by the responsible official for organizing the prevention and combating of corruption in the Institution and (or) officials appointed by the director.
Anti-corruption activities in preschool educational institutions involve a number of activities. Let us consider in more detail the features of this term, the reasons for its occurrence, and ways to eliminate the phenomenon.
Relevance of the problem
The organization of anti-corruption activities is necessary to combat this phenomenon. The scale of the corruption threat looming over Russian society and the state is astonishing.
At this time, there is an active discussion all over the world about important aspects of the strategy and methods of combating corruption, which negatively affects the functioning of a full-fledged state mechanism. Anti-corruption activities should be carried out in all structures, including preschool educational institutions. Only with an integrated approach can you achieve your goal and cope with this problem.
Features of the phenomenon
In our country, as in many developed countries, the problem of corruption is particularly pressing, hindering the implementation of important political and economic transformations, undermining the authority of the authorities. This phenomenon interferes with the normal development of trade and economic relations between countries and the development of the country.
An action plan for anti-corruption activities is drawn up in each individual organization; it necessarily takes into account the specifics of its activities.
Essence and signs
Anti-corruption activities are a set of measures aimed at eliminating this problem. The country does not have a single, coherent mechanism for the prevention of such offenses, which is an obstacle to the creation of a full-fledged mechanism for combating corruption.
In a broad sense, this term implies a serious social phenomenon that is associated with the decomposition of power on the basis of behavior associated with selfish goals.
In a narrow sense, a term such as corruption is considered as the unlawful use by subjects of government of their official position for personal gain, contrary to state interests. Also, this phenomenon includes any actions of those in power, which are always performed with the aim of improving their material well-being.
Anti-corruption activities are aimed at eliminating such processes and punishing those responsible.
Algorithm of actions
The anti-corruption activity plan is being developed on the basis of the Decree of the President of the Russian Federation and involves specifying measures that will contribute to the eradication of this phenomenon in preschool educational institutions. Its goal is to create and implement legal and organizational mechanisms, psychological and moral atmosphere, which are aimed at the full prevention of corruption in any preschool institution.
Anti-corruption activities in preschool educational institutions are controlled through monitoring and research.
- Consideration of legislation related to the general meeting of the team.
- Development of an action plan, direct work on anti-corruption activities.
- Providing reports on the work performed.
Preventive measures in preschool educational institutions
Anti-corruption standards of activity are regulated by Russian legislation. For example, when hiring a new employee, an employment agreement is concluded with them, which specifies not only rights and responsibilities, but also material incentives for work. This is one of the ways to effectively prevent corruption in preschool institutions.
All employees of preschool educational institutions are introduced to the regulatory documents of the organization, as well as the action plan developed for the calendar year.
Anti-corruption activities are carried out in any government institution. Activities planned in kindergartens and schools may be different, but all of them are aimed at preventing the abuse of official position by the management of organizations for personal gain.
In addition to working with employees, anti-corruption activities involve informing parents of students about the unacceptability of corrupt behavior.
To ensure maximum visibility, the material is displayed on stands and also posted on the website of the preschool educational institution.
Pupils also take an active part in events aimed at preventing corruption in preschool educational institutions. The teacher invites the children to draw their perception of corruption and arranges an exhibition of paintings.
Every year, kindergarten employees conduct a survey of parents or legal representatives of pupils, the purpose of which is to determine the degree of their satisfaction with the services provided by the kindergarten, as well as to check the quality of their provision.
The results are posted on the official website of the preschool educational institution and supplemented with reports on the financial and economic activities of the organization.
When any complaints are received from parents of pupils or there are any appeals, a comprehensive check is carried out. If the facts indicated in the appeal are confirmed, then measures are taken against the employees who committed violations in accordance with the legislation of the Russian Federation.
Corruption in schools
Over a long period of time, one of the main areas of manifestation of corruption in educational schools could be considered the system of issuing final grades. The subjective opinion of the teacher often did not reflect the level of the child’s real knowledge; the increase in grades was influenced by the “help” of parents to an individual teacher or educational institution. In order to solve this problem, electronic grading systems were introduced into Russian schools. Among the distinctive parameters of such a system, one should note the objectivity and independence of determining the average score. In the set of measures that were developed to get rid of corruption in Russian schools, a special place is occupied by the system of issuing certificates to graduates of the ninth and eleventh grades. Electronic registration of documents does not allow the independent issuance of the “necessary” certificate, therefore it completely eliminates the manifestation of corruption in the educational institution.
If previously the procedure for re-issuing certificates was quite simple, and the forms themselves were in the school director’s safe, now, in order to replace a lost education document, you first need to advertise the loss of the document in the newspaper, write a statement about the need to re-issue the document to replace the lost one. The document forms themselves are located in local government bodies and are subject to special registration. Now the school director will not be able to “earn money” from issuing school graduation documents; the fact of corruption will immediately be made public in local government bodies.
Policy in this area
How are anti-corruption activities carried out? The documents, which have been approved by the federal and regional authorities of the country, are aimed at finding an effective mechanism for eliminating this problem.
In the Russian Federation, corruption has become widespread, and therefore has become a serious problem for the full development of the state system. They are the main source of threat to national security and contribute to the growth of criminal attacks on state property.
Despite the official introduction of this term, there is still ongoing discussion about the forms and essence of this process. It is recognized as associated with the immoral behavior of government officials. In addition to bribery of officials, this definition also includes a variety of official thefts.
Signs of corruption
Crimes associated with this phenomenon have characteristic features:
- the presence of a certain subject, for example a person who is vested with certain powers;
- use of power contrary to the interests of the state and society;
- receiving personal benefits in the form of valuables, monetary units, services, property, or providing similar benefits to other individuals.
Corruption crimes include offenses of this type that are committed in the interests or on behalf of a legal entity.
The fight against corruption has become the primary problem of our country, and the efforts of the state apparatus are aimed at solving it.
Anti-corruption system
In order to cope with this problem, it is necessary to develop a program at the state level. When considering this issue, it is necessary to pay attention to the prevention of such a phenomenon, minimizing and eliminating those negative phenomena that contribute to the emergence of corruption.
The activities of the state, officials, entrepreneurs, and civil society institutions should be aimed at localizing, eliminating, neutralizing any
Concepts and principles of anti-corruption
State regulation of such activities presupposes a methodology, certain principles, research, as well as an assessment of the conditions for their use.
Corruption arises as a result, a natural process of development of economic and social systems under specific conditions.
An analysis of the development features of industrial countries indicates that the effectiveness of the economy largely depends on the success of the implementation of anti-corruption policies. Its effectiveness determines the development of a competitive economy and affects national security.
As the main goal of public and state anti-corruption work, it is necessary to consider the comprehensive work that is aimed at identifying, eliminating the incentives and reasons that can give rise to this phenomenon, as well as seriously tightening punishment for corrupt officials.
Conclusion
Among the main directions of the state’s anti-corruption work, one can consider ensuring information transparency of the algorithm of work of the legislative, executive, judicial authorities, local governments, and law enforcement systems.
In the modern world, information acts as the main driving force of social development. In developed European countries, where people have access to complete and reliable information about the activities of all government agencies, there is no such thing as corruption.
The population in such countries follows the laws, fulfills their duties efficiently and responsibly, and does not try to find material benefits for personal use in the state budget.
The secrecy of information, the desire of government officials to conceal information about the material wealth of officials, the monopoly on the information space - all this is the main weapon of the bureaucracy. As a result, corruption, irresponsibility, and incapacity of employees are formed in society.
POSITION
ABOUT ANTI-CORRUPTION POLICY
PROMSTROYIZOLYATSIYA LLC
Lipetsk 2015
1. Goals and objectives of implementing anti-corruption policy at the enterprise
The anti-corruption policy of Promstroyizolyatsiya LLC (hereinafter referred to as the enterprise) is a set of interrelated principles, procedures and specific measures aimed at preventing and suppressing corruption offenses in its activities.
The fundamental regulatory legal act in the field of combating corruption is Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption” (hereinafter referred to as Federal Law No. 273-FZ). The regulations governing the anti-corruption policy of the enterprise are also the Charter of Promstroyizolyatsiya LLC and other local acts.
In accordance with Article 13.3 of Federal Law No. 273-FZ, measures to prevent corruption taken in an organization may include:
1) identification of units or officials responsible for the prevention of corruption and other offenses;
2) cooperation of the organization with law enforcement agencies;
3) development and implementation of standards and procedures aimed at ensuring the integrity of the organization;
4) adoption of a code of ethics and official conduct for employees of the organization;
5) prevention and resolution of conflicts of interest;
6) preventing the preparation of unofficial reports and the use of false documents.
The enterprise's anti-corruption policy is aimed at implementing these measures.
2. Concepts and definitions used in politics
Corruption - abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, etc. property rights for oneself or for third parties, or the illegal provision of such benefits to the specified person by other individuals. Corruption is also the commission of the listed acts on behalf of or in the interests of a legal entity (clause 1 of Article 1 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”).
Anti-corruption - the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local governments, civil society institutions, organizations and individuals within the limits of their powers (clause 2 of Article 1 of the Federal Law of December 25, 2008 No. 273-FZ “ On anti-corruption"):
a) to prevent corruption, including identifying and subsequently eliminating the causes of corruption (prevention of corruption);
b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);
c) to minimize and (or) eliminate the consequences of corruption offenses.
An organization is a legal entity, regardless of its form of ownership, organizational and legal form and industry affiliation.
Counterparty is any Russian or foreign legal entity or individual with whom the organization enters into contractual relations, with the exception of labor relations.
Bribe is the receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of money, securities, other property, or in the form of illegal provision of services of a property nature, the provision of other property rights for the commission of actions (inaction) in favor of the bribe-giver or persons represented by him, if such actions (inaction) are within the official powers of the official or if, by virtue of his official position, he can contribute to such actions (inaction), as well as for general patronage or connivance in the service.
Commercial bribery is the illegal transfer of money, securities, other property to a person performing managerial functions in a commercial or other organization, the provision of property services to him, the provision of other property rights for the commission of actions (inaction) in the interests of the giver in connection with the official position held by this person provision (part 1 of article 204 of the Criminal Code of the Russian Federation).
Conflict of interest is a situation in which the personal interest (direct or indirect) of an employee (representative of the organization) affects or may affect the proper performance of his official (labor) duties and in which a contradiction arises or may arise between the personal interest of the employee (representative of the organization) and the rights and legitimate interests of the organization, which can lead to harm to the rights and legitimate interests, property and (or) business reputation of the organization of which he is an employee (representative of the organization).
Personal interest of an employee (representative of an organization) - the interest of an employee (representative of an organization) associated with the possibility of the employee (representative of an organization) receiving income in the form of money, valuables, other property or services of a property nature, or other property rights in the performance of official duties for themselves or for third parties persons
3.Basic principles of the organization’s anti-corruption activities
The system of anti-corruption measures at the enterprise is based on the following key principles:
1. The principle of compliance of the organization’s policies with current legislation and generally accepted standards.
Compliance of the implemented anti-corruption measures with the Constitution of the Russian Federation, international treaties concluded by the Russian Federation, the legislation of the Russian Federation and other regulatory legal acts applicable to the organization.
2. The principle of personal leadership example.
The key role of the organization’s management in creating a culture of intolerance towards corruption and in creating an intra-organizational system for preventing and combating corruption.
3. The principle of employee involvement.
Awareness of the organization's employees about the provisions of anti-corruption legislation and their active participation in the formation and implementation of anti-corruption standards and procedures.
4. The principle of proportionality of anti-corruption procedures to the risk of corruption.
The development and implementation of a set of measures to reduce the likelihood of an organization, its managers and employees being involved in corruption activities is carried out taking into account the existing corruption risks in the activities of this organization.
5. The principle of the effectiveness of anti-corruption procedures.
The use of anti-corruption measures in an organization that are low cost, ensure ease of implementation and bring significant results.
6. The principle of responsibility and inevitability of punishment.
The inevitability of punishment for the organization’s employees, regardless of their position, length of service and other conditions, if they commit corruption offenses in connection with the performance of their job duties, as well as the personal responsibility of the organization’s management for the implementation of the internal organizational anti-corruption policy.
7. The principle of openness
Informing contractors, partners and the public about the anti-corruption standards adopted in the organization for conducting activities.
8. The principle of constant control and regular monitoring.
Regular monitoring of the effectiveness of implemented anti-corruption standards and procedures, as well as control over their implementation.
3. Scope of the policy and the circle of persons covered by it
The main circle of persons covered by the policy are the employees of the enterprise who are in labor relations with it, regardless of their position and functions performed. The policy also applies to persons performing work for an enterprise or providing services on the basis of civil contracts.
4. Identification of enterprise officials responsible for the implementation of anti-corruption policy
At the enterprise, the general director is responsible for combating corruption, based on established tasks, specifics of activity, staffing levels, organizational structure, and material resources.
The tasks, functions and powers of the General Director in the field of anti-corruption are determined by his Job Description.
These responsibilities include, but are not limited to:
. development of local regulations of the organization aimed at implementing measures to prevent corruption (anti-corruption policy, code of ethics and official conduct of employees, etc.);
. carrying out control measures aimed at identifying corruption offenses by employees of the organization;
. organizing a corruption risk assessment;
. receiving and considering reports of cases of inducement of employees to commit corruption offenses in the interests or on behalf of another organization, as well as cases of corruption offenses committed by employees, contractors of the lyceum or other persons;
. organization of filling out and reviewing declarations of conflict of interest;
. organizing training events on preventing and combating corruption and individual counseling for employees;
. providing assistance to authorized representatives of control, supervisory and law enforcement agencies during their inspections of the organization’s activities on issues of preventing and combating corruption;
. providing assistance to authorized representatives of law enforcement agencies in carrying out measures to suppress or investigate corruption crimes, including operational investigative activities;
. assessing the results of anti-corruption work and preparing relevant reporting materials.
5. Defining and consolidating the responsibilities of employees and organizations related to preventing and combating corruption
The responsibilities of the organization's employees in connection with preventing and combating corruption are common to all employees of the enterprise.
The general responsibilities of employees in connection with preventing and combating corruption are the following:
. refrain from committing and (or) participating in the commission of corruption offenses in the interests or on behalf of the enterprise;
. 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 of or on behalf of the enterprise;
. immediately inform the management of the organization about cases of inducing an employee to commit corruption offences;
. immediately inform the immediate superior and management of the organization about information that has become known about cases of corruption offenses committed by other employees, contractors of the organization or other persons;
. inform the immediate superior or other responsible person about the possibility of a conflict of interest arising or arising for the employee.
In order to ensure the effective performance of the duties assigned to employees, procedures for their compliance are regulated.
Based on the provisions of Article 57 of the Labor Code of the Russian Federation, by agreement of the parties, the employment contract concluded with an employee upon hiring may include the rights and obligations of the employee and employer established by this local regulatory act - “Anti-Corruption Policy”.
It is recommended to include general and special duties in the employment contract with an employee of the organization. Provided that the employee’s responsibilities in connection with preventing and combating corruption are stipulated in the employment contract, the employer has the right to apply disciplinary measures to the employee, including dismissal, if there are grounds provided for by the Labor Code of the Russian Federation, for committing unlawful actions that entailed failure to fulfill the labor duties assigned to him.
6. Establishing a list of anti-corruption measures, standards and procedures implemented by the enterprise and the procedure for their implementation (application)
Direction Event
Regulatory support, consolidation of standards of behavior and declaration of intentions Development and adoption of a code of ethics and official conduct of employees of the organization
Development and implementation of provisions on conflicts of interest, declaration of conflicts of interests
Development and adoption of rules regulating the exchange of business gifts and signs of business hospitality
Introduction to contracts related to the economic activities of the organization, a standard anti-corruption clause
Introduction of anti-corruption provisions into employee employment contracts
Development and introduction of special anti-corruption procedures Introducing a procedure for informing the employer’s employees about cases of inducing them to commit corruption violations and a procedure for considering such reports.
Introducing a procedure for informing an employer about information that has become known to an employee about cases of corruption offenses committed by other employees, contractors of the organization or other persons and a procedure for considering such reports.
Introducing a procedure for informing the employer's employees about the occurrence of a conflict of interest and a procedure for resolving the identified conflict of interest
Introduction of procedures for the protection of employees who report corruption offenses in the organization’s activities.
Conducting periodic assessments of corruption risks in order to identify areas of the organization’s activities most exposed to such risks and develop appropriate anti-corruption measures.
Training and information for employees Annual familiarization of employees, against signature, with regulatory documents regulating the issues of preventing and combating corruption in the organization
Conducting training events on preventing and combating corruption
Organizing individual consultations for employees on the application (compliance) of anti-corruption standards and procedures
Ensuring compliance of the organization’s internal control and audit system with the requirements of the organization’s anti-corruption policy Carrying out regular monitoring of compliance with internal procedures
Carrying out regular monitoring of accounting data, the availability and reliability of primary accounting documents
Regular monitoring of the economic feasibility of expenses in areas with a high corruption risk: exchange of business gifts, entertainment expenses, charitable donations, remuneration to external consultants
Assessing the results of ongoing anti-corruption work and disseminating reporting materials Conducting regular assessments of the results of anti-corruption work
Preparation and distribution of reporting materials on the work carried out and results achieved in the field of anti-corruption
7. Corruption risk assessment
The purpose of assessing corruption risks is to identify specific processes and activities of an enterprise, the implementation of which is most likely to cause corruption offenses to be committed by employees of the organization, both for the purpose of obtaining personal benefit and for the purpose of obtaining benefit from the organization.
Assessing corruption risks is an essential element of anti-corruption policy. It allows you to ensure that the implemented anti-corruption measures comply with the specifics of the organization’s activities and rationally use the resources allocated to carry out work to prevent corruption.
Corruption risks are assessed both at the stage of developing an anti-corruption policy and after its approval on a regular basis.
Procedure for assessing corruption risks:
. present the activities of the organization in the form of separate processes, in each of which identify the constituent elements (subprocesses);
. highlight “critical points” for each process and identify those elements (subprocesses) during the implementation of which corruption offenses are most likely to occur.
. For each subprocess, the implementation of which is associated with a corruption risk, create a description of possible corruption offenses, including:
- characteristics of the benefit or advantage that can be received by the organization or its individual employees when committing a “corruption offense”;
- positions in the organization that are “key” for the commission of a corruption offense - the participation of which officials of the organization is necessary to make the commission of a corruption offense possible;
- probable forms of making corrupt payments.
. Based on the analysis, prepare a “map of the organization’s corruption risks” - a summary description of “critical points” and possible corruption offenses.
. Develop a set of measures to eliminate or minimize corruption risks.
8. Responsibility of employees for non-compliance with the requirements of the anti-corruption policy
Timely identification of conflicts of interest in the activities of employees of an organization is one of the key elements in the prevention of corruption offenses.
It should be noted that conflicts of interest can take many different forms.
In order to regulate and prevent conflicts of interest in the activities of its employees, the company adopted a Regulation on Conflict of Interest.
The regulation on conflicts of interest is an internal document of the organization that establishes the procedure for identifying and resolving conflicts of interest that arise among employees of the organization in the course of performing their job duties.
Federal Law of December 6, 2011 No. 402-FZ
“On Accounting” establishes the obligation for all organizations to exercise internal control over business operations, and for organizations whose financial statements are subject to mandatory audit, there is also an obligation to organize internal control over accounting and preparation of financial statements.
The internal control and audit system of an organization can contribute to the prevention and detection of corruption offenses in the activities of the organization. At the same time, the greatest interest is in the implementation of such tasks of the internal control and audit system as ensuring the reliability and reliability of the financial (accounting) statements of the organization and ensuring compliance of the organization’s activities with the requirements of regulatory legal acts and local regulations of the organization. To do this, the internal control and audit system must take into account the requirements of the anti-corruption policy implemented by the organization, including:
. checking compliance with various organizational procedures and operating rules that are significant from the point of view of work to prevent and prevent corruption;
. control of documenting the operations of the organization’s economic activities;
. checking the economic feasibility of ongoing operations in areas of corruption risk.
Control over the documentation of business transactions is primarily associated with the obligation to maintain financial (accounting) reporting of the organization and is aimed at preventing and identifying relevant violations: preparation of unofficial reports, use of forged documents, recording of non-existent expenses, lack of primary accounting documents, corrections in documents and reporting, destruction documents and reports earlier than the deadline, etc.
9. The procedure for reviewing and making changes to the organization’s anti-corruption policy
This local regulatory act may be revised and changes may be made if the legislation of the Russian Federation changes. Specific aspects of anti-corruption policy can be carried out by developing additions and annexes to this act.
"MAIN CENTER FOR SPECIAL COMMUNICATIONS"
About approval
Anti-corruption
politicians FSUE GSSS
In pursuance of subparagraph “b” of paragraph 25 of the Decree of the President of the Russian Federation of April 2, 2013 No. 309 “On measures to implement certain provisions of the Federal Law “On Combating Corruption” and in accordance with Article 13.3 of the Federal Law of December 25, 2008 No. 273 -Federal Law “On Combating Corruption”, as well as to strengthen measures aimed at ensuring the conscientious work of the Federal State Unitary Enterprise GCSS,
INSTRUCTIONS:
1. Approve and put into effect from the moment of approval the Anti-Corruption Policy of the Federal State Unitary Enterprise "Main Center for Special Communications" (hereinafter referred to as the Anti-Corruption Policy of the FSUE GSSS) (attached).
2. The heads of structural divisions of the Central Office and the heads of branches of the FSUE GCSS must ensure that the requirements of the Anti-Corruption Policy of the FSUE GCSS are brought to the attention of subordinate employees.
3. Employees of the FSUE GCSS should be guided by the Anti-Corruption Policy of the FSUE GCSS and strictly comply with its principles and requirements.
4. I reserve control over the execution of the order.
Chief O.N. Rybalkin
Approved
By order of the Federal State Unitary Enterprise GSSS
From 17.03. 2014 No. 39
FEDERAL STATE UNITARY ENTERPRISE
"MAIN CENTER FOR SPECIAL COMMUNICATIONS"
ANTI-CORRUPTION POLICY
Federal State Unitary Enterprise
"Main center for special communications"
Moscow
2014
1. Purpose of the document
2. Objectives of the document
3. Scope of application
4. Definitions, concepts and abbreviations used in this anti-corruption policy
5. Corrupt practices
6. Key principles
10. Final provisions
1. Purpose of the document
1.1 The anti-corruption policy of the Federal State Unitary Enterprise “Main Center for Special Communications” was developed and adopted in pursuance of subparagraph “b” of paragraph 25 of Decree of the President of the Russian Federation of April 2, 2013 No. 309 “On measures to implement certain provisions of the Federal Law “On Combating Corruption” and in accordance with Article 13.3 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”.
1.2. The goal of the anti-corruption policy is to form a unified approach to ensuring work on preventing and combating corruption in the Federal State Unitary Enterprise “Main Center for Special Communications” (hereinafter referred to as “FSUE GSSS”, “enterprise”).
2. Objectives of the document
The main objectives of this anti-corruption policy are:
- informing the enterprise’s employees about the legal framework for anti-corruption work and responsibility for committing corruption offenses;
- formation among employees and other persons of a uniform understanding of the enterprise’s position on non-acceptance of corruption in all forms and manifestations;
- minimizing the risk of involvement of the enterprise and its employees, regardless of their position, in corruption activities;
- generalization and explanation of the basic requirements of the anti-corruption legislation of the Russian Federation, which may apply to the enterprise and its employees;
- establishing the obligation of enterprise employees to know and comply with the principles and requirements of this anti-corruption policy, the key norms of the anti-corruption legislation of the Russian Federation;
- establishment of measures to prevent corruption.
3. Application area
The provisions of this anti-corruption policy apply to all employees of the enterprise, regardless of their position, status and duration of work at the enterprise, as well as to counterparties in cases where the corresponding responsibilities are enshrined in contracts with them, in local regulations of the enterprise, or directly follow from legislation Russian Federation and international law. All employees of the enterprise must be guided by this anti-corruption policy and strictly comply with its principles and requirements.
4. Definitions, concepts and abbreviations, used in this anti-corruption policy
The terms and definitions used in this anti-corruption policy are given below:
- anti-corruption legislation of the Russian Federation - norms of Russian anti-corruption legislation, established including by the Criminal Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, the Federal Law “On Combating Corruption” and other regulations, the main requirements of which are the prohibition of giving bribes, the prohibition of receiving bribes , prohibition of commercial bribery and prohibition of mediation in bribery;
- anti-corruption procedures – measures aimed at preventing corruption in all areas of the enterprise’s activities, including business ethics standards, requirements for employee training, rules for special anti-corruption control and audit, measures to prevent conflicts of interest and commercial bribery, rules for making donations, sponsorship, participation in charitable activities, etc.;
- bribe - the receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of money, securities, other property or the illegal provision of property services to him, the provision of other property rights for committing actions (inaction) in favor of the briber or those represented them of persons, if such actions (inaction) are part of the official powers of the official or he, by virtue of his official position, can contribute to these actions (inaction), as well as for general patronage or connivance in the service;
- commercial bribery - illegal transfer of money, securities, other property to a person performing managerial functions in a commercial or other organization, provision of property services to him, provision of other property rights for performing actions (inaction) in the interests of the giver in connection with the position held by this person official position;
- counterparty – any Russian or foreign legal entity or individual with whom the organization enters into contractual relations, with the exception of labor relations;
- a conflict of interest is a situation in which the personal interest (direct or indirect) of an employee (representative of the organization) affects or may affect the proper performance of his official (labor) duties and in which a contradiction arises or may arise between the personal interest of the employee (representative of the organization) and the rights and legitimate interests of the organization, which could lead to harm to the rights and legitimate interests, property and (or) business reputation of the organization of which he is an employee (representative);
- corruption offense - a committed illegal act that has signs of corruption, for which the legislation of the Russian Federation establishes civil, disciplinary, administrative or criminal liability;
- corruption risk - the possibility of committing illegal acts of a corrupt nature by employees of the enterprise or third parties;
- corruption - abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for oneself or for third parties, or the illegal provision of such benefits to the specified person by other individuals. Corruption also means committing the listed acts on behalf of or in the interests of a legal entity;
- personal interest of an employee (representative of an enterprise) - the interest of an employee (representative of an enterprise) associated with the possibility of him receiving income in the form of money, valuables, other property or services of a property nature, or other property rights for himself or third parties while performing his official duties;
- anti-corruption - the activities of enterprise employees within the limits of their powers to prevent corruption, including identifying and subsequently eliminating the causes of corruption; to identify, prevent, suppress, disclose and investigate corruption offences; to minimize and/or eliminate the consequences of corruption offenses;
- management of the FSUE GCSS - head of the FSUE GCSS, directors (deputy heads of the FSUE GCSS) in areas of activity, heads of branches of the FSUE GCSS, deputy heads of branches of the FSUE GCSC;
- values – everything that is valuable for an official/person performing management functions, including material and intangible benefits.
5. Corrupt practices
5.1. Corrupt acts are:
- giving a bribe or mediation in giving a bribe;
- commercial bribery;
- abuse of power, illegal use by an individual of his official position for the purpose of obtaining personal benefit or illegal provision of such benefit to other persons, including the commission of these acts on behalf of or in the interests of the enterprise;
- other actions/inactions of employees of the enterprise that contain signs of corruption or contribute to its commission, including manifestations of a conflict of interest.
5.2. The subject of bribery and commercial bribery, along with money, securities, and other property, can be the illegal provision of property and non-property services, the provision of property rights.
5.3. It is prohibited to engage or use agents, intermediaries, joint ventures or other persons to carry out actions that are contrary to the provisions of applicable anti-corruption laws, principles and requirements of anti-corruption policies.
6. Key principles
6.1. When creating a system of anti-corruption measures, the enterprise is guided by the following key principles:
6.1.1. The principle of compliance of the enterprise's policy with current legislation and generally accepted standards.
Compliance of the implemented anti-corruption measures with the Constitution of the Russian Federation, international treaties concluded by the Russian Federation, the legislation of the Russian Federation and other regulatory legal acts applicable to the enterprise.
6.1.2. The principle of personal leadership example.
The key role of enterprise management in creating a culture of intolerance towards corruption and in creating an intra-organizational system for preventing and combating corruption.
6.1.3. The principle of employee involvement.
Awareness of enterprise employees about the provisions of anti-corruption legislation and their active participation in the formation and implementation of anti-corruption standards and procedures.
6.1.4. The principle of proportionality of anti-corruption procedures to the risk of corruption.
The development and implementation of a set of measures to reduce the likelihood of an enterprise, its management and employees being involved in corruption activities is carried out taking into account the corruption risks existing in the activities of this enterprise.
6.1.5. The principle of the effectiveness of anti-corruption procedures.
The use of anti-corruption measures at the enterprise that are low cost, ensure ease of implementation and bring significant results.
6.1.6. The principle of responsibility and inevitability of punishment.
The inevitability of punishment for employees of an enterprise, regardless of their position, length of service and other conditions, if they commit corruption offenses in connection with the performance of their job duties.
6.1.7. The principle of constant control and regular monitoring.
Regular monitoring of the effectiveness of implemented anti-corruption standards and procedures, as well as control over their implementation.
7. Structure of anti-corruption management
The divisions designated by the relevant order of the Federal State Unitary Enterprise GSCC as responsible for the prevention of corruption offenses organize the management of anti-corruption activities in the following areas:
- development of draft local regulations of the enterprise aimed at implementing measures to prevent corruption (anti-corruption policy, code of ethics and official conduct of employees, etc.);
- carrying out activities aimed at identifying corruption offenses by employees of the enterprise;
- organization of assessment of corruption risks;
- receiving and considering reports of cases of inducement of employees to commit corruption offenses in the interests or on behalf of another organization, as well as cases of commission of corruption offenses by employees, contractors of the enterprise or other persons;
- organizing the reception and consideration of information about emerging cases of conflict of interest;
- organizing training events on preventing and combating corruption and individual counseling for employees;
- providing assistance to authorized representatives of control, supervisory and law enforcement agencies when they conduct inspections of the enterprise’s activities on issues of preventing and combating corruption;
- providing assistance to authorized representatives of law enforcement agencies when carrying out measures to suppress or investigate corruption crimes, including operational investigative activities;
- assessing the results of anti-corruption work and preparing relevant reporting materials.
8. Rules of conduct established at the enterprise
Established facts of corruption can lead to personal criminal liability of employees of the Federal State Unitary Enterprise GTSSS, as well as to administrative liability of the enterprise.
In all cases where employees have reasonable suspicions that the services provided by the enterprise to its counterparties are used for the purposes of bribery and corruption, they are obliged to immediately report their suspicions to their immediate superior (in the case where the corresponding suspicions arise in relation to their immediate superior - the director of area of activity, head of the Federal State Unitary Enterprise GCSS).
In the event that an employee, in the performance of his official duties, is faced with a choice between increasing the commercial advantages of the enterprise associated with involvement in bribery or corruption, and the loss of commercial advantages, he must refuse to increase the commercial advantages.
8.1. Gifts and hospitality
Gifts and signs of business hospitality, as well as entertainment expenses that employees on behalf of the FSUE GVCs can provide to other individuals and organizations or that employees in connection with their activities at the enterprise can receive from other individuals and organizations must meet the totality of the following criteria:
- be directly related to the legitimate purposes of the enterprise, for example with the presentation, meeting or completion of commercial projects, the successful execution of contracts or with generally accepted holidays such as New Year, International Women's Day, as well as memorable dates and anniversaries;
- be reasonably substantiated and not considered luxury goods;
- do not represent a hidden reward for a service, action, inaction, connivance, patronage, granting rights, making a certain decision, etc. or attempting to influence the recipient for any other illegal or unethical purpose;
- do not create a negative image for the enterprise, employees and other persons in case of disclosure of information about gifts;
- do not contradict the principles and requirements of the anti-corruption policy, other local regulations of the enterprise and the legislation of the Russian Federation.
Gifts on behalf of the Federal State Unitary Enterprise GCSS in the form of cash or non-cash funds in any currency are not allowed.
Representation expenses include expenses of the enterprise for the official reception and (or) service of representatives of other organizations participating in negotiations in order to establish and (or) maintain mutual cooperation, as well as participants who arrived at meetings of the management of the Federal State Unitary Enterprise GVCs, regardless of the location of these events. Entertainment expenses include expenses for an official reception (breakfast, lunch or other similar event) for these persons, as well as officials of the enterprise participating in the negotiations, transportation support for the delivery of these persons to the place of the entertainment event and (or) meeting of the enterprise management and back, buffet service during negotiations, payment for the services of translators who are not on staff of the enterprise to provide translation during entertainment events.
Entertainment expenses do not include expenses for organizing entertainment, recreation, prevention or treatment of diseases.
Employees of the FSUE GSSS are prohibited from traveling in connection with the performance of official duties outside the territory of the Russian Federation at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with the legislation of the Russian Federation by agreement of state bodies of the Russian Federation, state bodies of constituent entities of the Russian Federation or municipal bodies with state or municipal bodies of foreign states, international or foreign organizations.
8.2. Carrying out procurement activities
When carrying out procurement activities, the enterprise is guided by the current legislation of the Russian Federation and local regulations of the enterprise.
The enterprise ensures information openness when posting information about the purchase of goods and services for the needs of the enterprise.
The enterprise promotes free, fair competition among applicants and participants in the procurement of goods, works, and services for the needs of the enterprise.
The enterprise provides equal access to participation in procurement procedures for any legal entities acting on the side of one bidder for participation in the procurement, regardless of the organizational and legal form, form of ownership, location and place of origin of capital, or any individuals acting on the side of one bidder to participate in the procurement, including individual entrepreneurs who meet the requirements established by the procurement regulations of the Federal State Unitary Enterprise GCSS.
8.3. Participation in charitable activities and sponsorship
The company carries out a charitable policy aimed at creating a positive image of the Federal State Unitary Enterprise GCCC.
The company does not finance charitable and sponsorship projects in order to obtain commercial advantages in specific projects of the Federal State Unitary Enterprise GCSS.
The enterprise's charitable activities and sponsorship are carried out in accordance with local regulations of the enterprise that regulate the enterprise's activities in these areas.
8.4. Participation in political activities
The enterprise maintains political neutrality and refrains from financing political parties, organizations and movements in order to obtain commercial advantages in the activities of the Federal State Unitary Enterprise GCSS.
8.5. Interaction with government officials and authorities
The enterprise refrains from paying any expenses of Russian or foreign government officials and their close relatives (or in their interests) in order to obtain commercial advantages in the implementation of the activities of the Federal State Unitary Enterprise GCSS, including expenses for transport, accommodation, food, entertainment, etc., or receiving other benefits at the expense of the enterprise.
8.6. Interaction with counterparties
The company does everything necessary to ensure a fair and unbiased attitude towards counterparties.
In accordance with the requirements established by this anti-corruption policy, the enterprise ensures that there are procedures for checking counterparties to prevent and/or detect violations in order to minimize and suppress the risks of involvement
FSUE GSSS in corruption activities.
8.7. Confidential information
Employees of the enterprise comply with the requirements of local regulations of the enterprise regarding the observance of state, commercial and other secrets protected by law, as well as the confidentiality regime and disclosure of information of the enterprise.
All information regarding the corrupt activities of counterparties identified in the course of the activities of the FSUE GVCs should be sent to the management of the FSUE GVCs.
Failure to report information about identified facts of corruption and bribery can be regarded as complicity in these crimes.
Any proprietary information about contractors or competitors of the enterprise should not be used if there is a suspicion that it was obtained illegally or sent to the employee by mistake.
9. Responsibility for non-execution (improper execution) of anti-corruption policy
The management of FSUE GSSS, heads of structural divisions and employees of the enterprise are responsible for compliance with the principles and requirements of the anti-corruption policy.
Employees, regardless of their position, who violate the anti-corruption legislation of the Russian Federation, as well as the requirements of this anti-corruption policy, may be subject to disciplinary, administrative, civil or criminal liability at the initiative of the enterprise, law enforcement agencies or other persons in the manner and on the grounds provided for applicable anti-corruption legislation, local regulations of the enterprise and employment contracts.
In addition to the liability provided for by anti-corruption legislation, disciplinary measures provided for by the labor legislation of the Russian Federation may be applied to those responsible, up to and including termination of the employment contract with the employee, in the event of:
- a single gross violation by an employee of labor duties, expressed in the disclosure of a legally protected secret (state, commercial or other) that became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
- commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer.
10. Final provisions
Issues not regulated by this anti-corruption policy are regulated by the legislation of the Russian Federation and local regulations of the enterprise.