Development of an Anti-Corruption Program in Kyiv

An anti-corruption program of a legal entity is a set of measures, rules and standards for detecting, combating and eliminating corruption. By using this code of rules, it is possible to completely eradicate bribery and other unlawful actions within the activities of the legal entity.

Areas of application of the program
The product can be used:

• in business companies, in municipal and state enterprises where the municipal or state share exceeds 50 percent; the number of registered employees for the reporting year is 50 or more; the annual gross income is more than UAH 70 million;
• by legal entities participating in public procurement of goods or services for an amount from UAH 1 million, and works from UAH 5 million.

How to order the service?

Just send to e-mail office@nakaz.com.ua:

• company name;
• KVED (or simply a list);
• desired date for receiving the documents;
• contact phone number.

What do you get in the end?
List of documents that are developed and provided by us by e-mail:

• 20 pages of program text;
• an order on the adoption of the program and the appointment of the person authorized to implement it;
• a comprehensive list of requirements for the activities of the authorized employee;
• the job instruction with the introduced changes;
• an anti-corruption clause to be included in contracts.

The service is paid for before receiving the program and other documentation.

Contents of the anti-corruption program

The text of the program must be drafted individually for each legal entity. However, there are some recommendations that are advisable to include in this code. In particular, when drafting the text of the document, it is advisable to rely on the following bills:

• “On Prevention of Corruption” No.1700-VI dated 14.10.14;
• “On the Principles of State Anti-Corruption Policy in Ukraine (Anti-Corruption Strategy) for 2014-2017” No.1699-VII dated 14.10.14;
• “On the National Anti-Corruption Bureau of Ukraine” No.1698-VIІ dated 14.10.14.

The first of the above provisions contains a list of information that should preferably be reflected in the content of the program for legal entities:

• The subjects to which the provisions of the document apply.
• An exhaustive description of all measures, standards and procedures aimed at combating corruption, including a provision on conducting a scheduled assessment of corruption risks in the company.
• A list of rights and obligations of employees and founders of the legal entity related to the prevention of corruption in activities.
• A list of rights and obligations of the official authorized to monitor compliance with the provisions of the program, as well as the employees subordinate to him (if any).
• The procedure for preparing and submitting the authorized person’s report to the founders of the legal entity.
• Rules of professional ethics for company employees.
• Rules for conducting systematic monitoring and control over compliance with the provisions of the program.
• Evaluation of the effectiveness of the measures taken.
• A provision on the guarantee of confidentiality when informing the authorized employee about intentions (incitement) or facts that have corrupt content.
• A list of measures to protect employees who reported information about corrupt activities or incitement to them.
• The procedure for the authorized employee to report information about potential and actual conflicts of interest, as well as rules for resolving identified contradictions.
• The procedure for holding meetings between the legal entity and the employee monitoring compliance with anti-corruption standards to discuss the measures taken and their effectiveness.
• A provision on training and professional development of employees in issues of corruption prevention and counteraction.
• A provision on the application of disciplinary sanctions against employees who violate the rules of the program.
• A provision on planned response in the event of detection of corrupt or corruption-related actions (transmission of relevant information to the branch of authorized state control bodies, conducting a closed or open “commercial” investigation).
• The procedure for making amendments to the provisions of the program.

Adopting a template program is practically impossible, since the presence or absence of many provisions is directly related to the organizational and legal form of the company. In addition, depending on the form of ownership, the adoption of appropriate anti-corruption measures may be carried out by different executive bodies. Thus, there is no general sample of the program, as this would contradict the norms and standards of the anti-corruption legislation in force in Ukraine.

Development of the anti-corruption program

According to Article 62 of the Law “On Prevention of Corruption” No.1700-VI dated 14.10.14, the anti-corruption program must contain a list of standards, rules and measures for detecting, combating and eliminating corruption in the work of a legal entity. Before approval, this document must be agreed with the employees of the company to whom it applies.

Requirements for the authorized employee
To implement the program, it is necessary to create the appropriate position. To perform the functions of prevention and elimination of corruption, it is logical to choose a person who has the appropriate professional level and whose moral and business qualities are beyond doubt.

For a large company, one performer may be insufficient. In such cases, it is advisable to form an autonomous unit engaged in combating corruption. Employees of this service should have the knowledge and skills necessary for the effective implementation of the program’s provisions.

The format of this unit depends on the company’s organizational and legal form, structure, size and other factors. In addition to the authorized person, the implementation of measures to prevent and eliminate corruption may be overseen by a legal or financial-economic unit.

Ordering a ready-made anti-corruption program

Since to date the National Agency on Corruption Prevention has not developed a template form of an anti-corruption program, many, wishing to simplify the task, find programs of other companies on the Internet and simply approve them. However, it is better not to do this, because if your company’s documents are identical to the papers of another legal entity, then from the point of view of the law this will indicate prior collusion, which is a strong reason for exclusion from a state tender or auction.

So why take the risk? Order an anti-corruption program from our company! We will collect all the necessary information and provide you with the most effective solutions in the shortest possible time!

Please note that the program does not need to be ordered for each tender. Having received the document and the order from us, you only need to place your stamp and signature. After that, the originals of all documents are kept by the legal entity. When participating in a tender, you must present copies of the anti-corruption program and the order approving it, certified by signature and stamp.