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The President of the Russian Federation signed a decree according to which special commissions should be created along the entire vertical of state power to comply with the requirements for official behavior of federal civil servants and the settlement of conflicts of interest. In fact, these are anti-corruption commissions.

Such commissions have two tasks - to help state officials comply with the prohibitions and requirements imposed on them by law, and to prevent corruption. Commissions are created in federal executive bodies and other state bodies and consider issues related to the official behavior of people filling the positions of the federal public service. The exception is civil servants who are appointed and dismissed by the President of the Russian Federation, the Government of the Russian Federation, as well as those holding senior positions in the offices of the Federation Council, the State Duma, the Central Election Commission and the Accounts Chamber. But that doesn't mean that VIPs are out of control. Questions regarding such officials are considered by the Presidium of the Council under the President of the Russian Federation for Combating Corruption.

The commission must include the deputy head of the state body (he becomes the chairman); a personnel officer responsible for the prevention of corruption, a representative of the legal department of a government agency; a representative of the Office of the President of the Russian Federation on Civil Service Issues or a relevant subdivision of the Government Office; a representative of a scientific organization. It may include other representatives.

What can serve as a basis for holding a meeting of the commission? For example, the materials received by the commission testifying that the civil servant provided inaccurate or incomplete information about income, property and property obligations. It can also be a statement by the civil servant himself about the impossibility for objective reasons to provide information about the income, property and property obligations of his spouse and minor children.

The reason for the meeting of the commission may also be the appeal of a citizen who was filling a civil service position, if he decided to go to work in a commercial or non-profit organization, which he supervised as a civil servant, and if less than two years have passed since his dismissal from the civil service.

When the commission receives such information, its chairman is obliged to schedule a meeting within three days and hold a meeting within a week.

If the commission has established the fact of violation of the rules of conduct by a civil servant, it recommends that the head of the government agency apply a specific measure of responsibility to the civil servant. If the commission has identified signs of an administrative offense or corpus delicti in the actions or inaction of a civil servant, then the chairman of the commission is obliged to transfer the documents to law enforcement agencies within three days.

So, according to the decree, the heads of federal state bodies must form anti-corruption commissions within two months. The authorities of the constituent entities of the Russian Federation and local governments are encouraged to do the same.

Position
on the Commission on Anti-Corruption Activities of the Federal State Budgetary Institution "Russian Academy of Sciences"

1. General Provisions

1.1. These Regulations determine the procedure for the activities, tasks and competence of the Commission on Anti-Corruption Activities of the Federal State Budgetary Institution "Russian Academy of Sciences" (hereinafter referred to as the Commission).

1.2. The Commission in its activities is guided by the Constitution of the Russian Federation, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption", decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, normative legal acts of the Russian Academy of Sciences, and this Regulation.

1.3. The Commission is an advisory body that systematically implements a set of measures for:

identifying and eliminating the causes and conditions that give rise to corruption;

development of optimal mechanisms of protection against the penetration of corruption into the enterprise, reduction of corruption risks in it;

creation of a unified system for monitoring and informing RAS employees on corruption problems;

anti-corruption propaganda and education.

1.4. Basic concepts used in this Regulation:

corruption (from the Latin corruptio - bribery) is a social and legal phenomenon that manifests itself in the use by civil servants and other persons authorized to perform public functions of their official position, status and authority of their position for selfish purposes for personal enrichment or acquisition of other opportunities or in group interests. Corruption is also interpreted as bribery, corruption of state, public, political figures and other officials, as abuse of office for personal purposes, as bribery, overstatement of expenses, misuse of funds entrusted to them, waste of public funds, etc., as well as official patronage to relatives and their people, nepotism, cronyism;

a corruption offense is a separate manifestation of corruption that entails disciplinary, administrative, criminal or other liability;

subjects of anti-corruption policy - bodies of state power and local self-government, institutions, organizations and persons authorized to form and implement anti-corruption policy measures, citizens;

subjects of corruption offenses - individuals who use their status against the legitimate interests of society and the state to illegally obtain benefits, as well as persons who illegally provide such benefits;

prevention of corruption - the activities of the subjects of anti-corruption policy aimed at studying, identifying, limiting or eliminating the phenomena and conditions that give rise to corruption offenses or contribute to their spread;

anti-corruption - coordinated activities of federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies of municipalities, civil society institutions, organizations and individuals to prevent corruption, prosecute persons who have committed corruption crimes, and minimize and (or) liquidate their consequences.

2. Tasks of the Commission

The main tasks of the Commission are:

2.1. coordination of RAS activities to eliminate the causes of corruption and the conditions conducive to it, identification and suppression of the facts of corruption and its manifestations;

2.2. study of the causes and conditions conducive to the emergence of corruption in the RAS and preparation of proposals for improving the legal, economic and organizational mechanisms of the functioning of the RAS and its subdivisions in order to eliminate the soil for corruption;

2.4. acceptance and verification of applications and appeals received by the Commission, other information about the participation of RAS employees in corruption activities;

2.5. providing advisory assistance to RAS employees on issues related to the practical application of general principles of official conduct;

2.7. consideration of other issues in accordance with the directions of the Commission's activities.

3. Procedure for the formation and activities of the Commission

3.1. Decisions on the creation of the Commission, its quantitative and personal composition, as well as the regulations on the Commission are made by the President of the RAS and approved by the order of the RAS.

3.2. The Commission includes:

Chairman of the Commission;

Deputy Chairman of the Commission;

Secretary of the Commission;

members of the Commission.

3.3. The activities of the Commission are organized by the Chairman of the Commission, appointed by the order of the RAS and signed by the President of the RAS.

The Commission carries out its activities on the basis of these Regulations, collective, free and public discussion of issues within its competence.

3.4. Chairman of the Commission:

organizes the work of the Commission;

determines the procedure and organizes the preliminary consideration of materials and documents submitted to the Commission;

convene meetings of the Commission;

forms draft agenda and manages the preparation of meetings of the Commission;

determines the composition of the persons invited to the meetings of the Commission;

conducts meetings of the Commission;

exercises other powers in accordance with these Regulations.

3.5. The Deputy Chairman of the Commission shall perform the duties of the Chairman of the Commission in case of his absence.

3.6. Secretary of the Commission:

accepts and registers applications, messages, proposals and other documents from RAS employees;

prepares materials for consideration of issues at meetings of the Commission;

send materials to the members of the Commission for the next meeting of the Commission;

keeps minutes of the meetings of the Commission;

maintains the documentation of the Commission;

on behalf of the Chairman of the Commission, carries out business correspondence with the structural divisions of the Russian Academy of Sciences, as well as with state and local bodies, public organizations and other structures;

prepares the draft annual report of the Commission;

carries out other work on behalf of the chairman of the Commission.

3.7. Member of the Commission:

participates in the work of the Commission;

submits proposals to the Commission, participates in their preparation, discussion and decision-making on them;

fulfills the instructions of the Commission and the Chairman of the Commission;

performs other duties assigned to him by the Commission.

3.8. The presence of its members at the meetings of the Commission is mandatory. Delegation by a member of the Commission of his powers in the Commission to other officials is not allowed. If a member of the Commission is unable to attend the meeting, he has the right to express his opinion on the issues under consideration in writing.

3.9. A meeting of the Commission is competent if attended by at least two thirds of the total number of its members. In case of disagreement with the adopted decision, a member of the Commission has the right to state in writing a dissenting opinion, which must be attached to the minutes.

3.10. By decision of the Commission or on the proposal of its members, in agreement with the chairman, heads of departments, employees of the RAS, who can be heard on issues of anti-corruption work in departments, can be invited to meetings of the Commission.

3.11. A member of the Commission voluntarily undertakes obligations not to disclose information affecting the honor and dignity of citizens and other confidential information that is considered by the Commission. The information received by the Commission can be used only in the manner prescribed by federal legislation on information, informatization and information protection.

3.12. The decisions of the Commission are taken at a meeting by open vote by a simple majority of votes of the members of the Commission present and are of a recommendatory nature.

3.13. Each meeting of the Commission is drawn up by the minutes of the meeting of the Commission, which is signed by the chairperson of the meeting of the Commission.

3.14. Specialists, experts, representatives of organizations, and other persons may be involved in the work of the Commission with an advisory vote.

4. Powers of the Commission

4.1. The Commission coordinates the activities of the structural divisions of the Russian Academy of Sciences on the implementation of anti-corruption measures.

4.2. Commission:

submits proposals for improving activities in the field of combating corruption for consideration by the management of the RAS, and also participates in the preparation of draft local regulations on issues related to its competence;

participates in the development of forms and methods for the implementation of anti-corruption activities and controls their implementation;

considers proposals for improving the methodological and organizational work to combat corruption in the RAS;

monitors the implementation of decisions on anti-corruption issues made by the leadership of the Russian Academy of Sciences;

carries out preliminary consideration of applications, messages and other documents received by the Commission;

requests information, clarifications on the issues under consideration from RAS employees and, if necessary, invites them to its meetings;

makes decisions on the issues considered within its competence, and makes proposals and recommendations to the management of the RAS and the heads of the structural divisions of the RAS.

5. Ensuring the activities of the Commission

The structural divisions of the RAS provide legal, informational, organizational, material and technical and other support for the activities of the Commission.

6. Final clause

The regulation comes into force from the moment of its approval by the President of the Russian Academy of Sciences.

Document overview

It has been established how the Commission on Anti-Corruption Activities of the Russian Academy of Sciences works.

The Commission is an advisory body. It focuses on identifying and eliminating the causes and conditions that give rise to corruption; develops optimal protection mechanisms against its penetration into the enterprise. The Commission is developing a unified system for monitoring and informing RAS employees on corruption issues. She is charged with anti-corruption propaganda.

Decisions on the creation of the commission, its quantitative and personal composition, as well as the regulations on the commission are made by the President of the RAS and approved by the order of the RAS.

The decisions of the commission are made at the meeting by open vote and are of a recommendatory nature. Each meeting is recorded in minutes.

Vladimir Putin
(photo: the press service of the President of the Russian Federation)

President Vladimir Putin signed a decree "On measures to improve the organization of activities in the field of combating corruption."

According to the new decree, in each constituent entity of the Russian Federation within three months it is recommended to form a commission for combating corruption, a special body for the prevention of corruption and other offenses, as well as units for the prevention of corruption and other offenses in federal state bodies.

So in each region a special commission will be created under the chairmanship of the governor, whose forces will determine the region's anti-corruption policy and counter corruption. The Commission will carry out its activities in cooperation with the President's Anti-Corruption Office. The Commission will be the main body regulating conflicts of interest and ensuring the implementation of decisions of the Presidential Anti-Corruption Council. Also, the commission is entrusted with the functions of preparing regulatory legal acts and regional anti-corruption programs.

A body of a constituent entity of the Russian Federation aimed at combating corruption will operate in each constituent entity of the Russian Federation. The responsibilities of the body will include combating corruption in the highest echelons of regional power, in executive bodies and organizations created to carry out state tasks.

A corruption prevention unit may be created in each federal government body. Such subdivisions will appear, including in state corporations, and in other companies created by the state. The list of their powers will include the prevention of corruption crimes and the provision of measures aimed at combating corruption in all structural organizations created by this body.

The functionality of the created body and anti-corruption units also includes ensuring compliance with legislation on control over expenses. A separate point is highlighted the work on the protection of the rights of persons reporting corruption. Also, the employees of the divisions will have to ensure the timely appeal of civil servants to law enforcement agencies in case of persuading officials to commit corruption crimes.

Employees of the divisions will monitor the accuracy of information on income submitted not only by current officials, but also by candidates for the civil service and persons dismissed from the civil service (ex-officials are required to submit declarations before the end of the year during which they left office, as well as comply with a number of measures on the prevention of conflicts of interest in subsequent employment).

Separately, in the standard provisions on the creation of these structures, the need for interaction with civil society and openness of activities are spelled out. So the media will be invited to the quarterly meetings of the anti-corruption commission, the annual reports of the commission will be published on the website of the head of the region and in the media.

Also, by presidential decree, amendments are made to the system for providing information on income: information on the sources of funds through which the official acquired real estate is published if the total amount of such transactions exceeds the total income of the employee and his wife (spouse) for the last three years.

With the help of the measures recommended by the President, each constituent entity of the federation should create a system that implements a comprehensive anti-corruption system. The creation of anti-corruption units will make it possible to implement anti-corruption policy measures not only at all levels of government, but also in those organizations that are created to fulfill government tasks: unitary enterprises, companies with state participation. It is through these organizations that corruption schemes are usually implemented. An anti-corruption policy aimed at systemic combating corruption will allow not only identifying individual facts of corruption, but also eliminating the conditions under which corruption ties arise and corruption flourishes.

Well-known politicians have already noted a systematic approach in the anti-corruption policy implemented by the state. Anatoly Vyborny, member of the State Duma Committee on Security and Anti-Corruption, stressed the importance of measures taken by the state to combat corruption.

— In fact, this decree established all-Russian standards for organizing activities in the field of combating corruption, which, of course, is the next step in the development of national anti-corruption legislation., - commented

Ministry of Internal Affairs of the Russian Federation

In the Ministry of Internal Affairs of Russia, the Main Directorate of Economic Security and Combating Corruption (GUEBiPKMVD of Russia) is engaged in the fight against corruption (Decree of the President of the Russian Federation dated 01.03.2011 No. 248 "Issues of the Ministry of Internal Affairs of the Russian Federation"), one of the activities of which is combating economic and corruption crimes ... Among the main functions and powers of the GUEBiPK of the Ministry of Internal Affairs of Russia, one can note the implementation of the fight against crimes of an economic and corruption orientation; implementation of measures aimed at countering the legalization (laundering) of proceeds from crime; documenting crimes of an economic and corruption nature. Thus, the GUEBiPK of the Ministry of Internal Affairs of Russia, along with Rosstat, the Ministry of Economic Development of Russia, is studying corruption in Russia. It should be recognized that the declared powers of the law enforcement agency fully comply with the main areas of anti-corruption, enshrined in the Federal Law "On Anti-Corruption". Together with the GUEBiPK of the Ministry of Internal Affairs of Russia, the functions of combating corruption in the systems of the Ministry of Internal Affairs of Russia and the FMS of Russia are carried out by the Main Directorate of Internal Security (GUSS of the Ministry of Internal Affairs of Russia), whose duties include the prevention, detection and suppression of corruption-related crimes in the Ministry of Internal Affairs of Russia and its departments.

Federal Security Service of the Russian Federation

One of the main functions of the FSB of Russia is to develop measures to combat corruption within the limits of its powers and in cooperation with federal executive authorities.

To organize work on the implementation of the National Anti-Corruption Plan, the Russian FSB previously interacted with the Federal Drug Control Service. Measures were taken to reorganize the structure and optimize the activities of units carrying out work to combat corruption. In August 2008, the Internal Security Department of the Federal Drug Control Service was established, among whose functions is the organization and implementation of anti-corruption activities in the Federal Drug Control Service. According to the Decree of the President of the Russian Federation of 05.04.2016 No. 156 "On improving public administration in the field of control over the circulation of narcotic drugs, psychotropic substances and their precursors and in the field of migration" structure transferred to the Ministry of Internal Affairs of Russia.

Federal Customs Service of the Russian Federation

The FCS of Russia has created a special Anti-Corruption Department, the functions of which include: carrying out operational-investigative activities in order to combat corruption and ensure the customs authorities' own security; identification, prevention and suppression of corruption-related crimes and other crimes against the interests of the public service on the part of customs officials, as well as other persons persuading customs officials to commit these crimes and damage the economic interests and economic security of the Russian Federation, etc.

Ministry of Emergency Situations of the Russian Federation

The EMERCOM of Russia has territorial commissions for the prevention and suppression of corruption and the removal of unnecessary administrative barriers in the development of entrepreneurship, which ensure the fight against corruption both in the internal structure of the EMERCOM of Russia and in the external environment.

The functions of countering corruption in the penitentiary system are assigned to the management of their own security.

General Prosecutor's Office of the Russian Federation

Prosecutors, within the limits of their powers, coordinate the activities of the internal affairs bodies, the federal security service, customs authorities and other law enforcement agencies of the Russian Federation in the fight against corruption and exercise other powers in the field of combating corruption (clause 6 of article 5 of the Federal Law "On combating corruption") ... According to the order of the Prosecutor General's Office of the Russian Federation dated August 29, 2014 No. 454 "On the organization of prosecutorial supervision over the implementation of anti-corruption legislation", the responsibility for coordinating the activities of the units of the Prosecutor General's Office itself in the field of anti-corruption, including for the implementation of measures provided for by the National Anti-Corruption Plan, lies at the Office for Supervision over the Implementation of Anti-Corruption Legislation in accordance with the Regulations on Management and other organizational and administrative documents of the Prosecutor General of the Russian Federation.

National Anti-Corruption Plan for 2016-2017 (p. 4-7) includes a number of instructions to prosecutors and prosecutors, which, in general, boil down to the analysis of legislation and law enforcement practice in the context of anti-corruption activities, as well as the organization of events aimed at strengthening international cooperation in the field of anti-corruption.

Accounts Chamber of the Russian Federation

The Accounts Chamber of the Russian Federation, within the limits of its powers, ensures the fight against corruption in accordance with the Federal Law of 05.04.2013 No. 41-FZ "On the Accounts Chamber of the Russian Federation", i.e. its powers to combat corruption are not disclosed by the Law. Together with the Government of the Russian Federation, the Accounts Chamber of the Russian Federation was instructed to take measures to strengthen public control over the use of budget allocations from the budgets; to determine indicators for assessing the effectiveness of the implementation of anti-corruption programs, as well as to ensure systematic control over the effectiveness of the use of federal budget allocations allocated for the implementation of anti-corruption measures.

Judicial system of the Russian Federation

The judicial authorities, represented by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts, and military courts, are actively involved in combating corruption within the framework of their powers. However, the National Plan lacks specific assignments from the judiciary. There are also no instructions to the Investigative Committee of the Russian Federation, in the structure of which, along with the Directorate for Investigation of Particularly Important Cases of Crimes against State Power and in the Economic Sphere, the Directorate of Procedural Control in the Field of Combating Corruption is included.

In addition, for the implementation of the state anti-corruption policy in the state and municipal authorities, by decision of the President of the Russian Federation, bodies for the coordination of activities in the field of combating corruption can be formed. Upon receipt of data on the commission of corruption offenses, these bodies transfer them to the relevant state bodies authorized to verify such data and make decisions based on the results of the verification in accordance with the procedure established by law (clause 5 of article 5 of the Federal Law "On Combating Corruption"), In accordance with By the Decree of the President of the Russian Federation of 01.07.2010 No. 821 "On the Commissions for Compliance with the Requirements for Official Behavior of Federal Civil Servants and the Settlement of Conflicts of Interest", in almost all government bodies, appropriate Commissions were organized.

Civil society institutions

In the Federal Law "On Combating Corruption" an important role in combating corruption is assigned to "institutions of civil society" (Article 1), which, according to the legislator, should play an active role in combating corruption in Russia. However, based on the state of the crime situation, we have to state a very modest impact of such an element of the anti-corruption system. An obligatory companion and primary source of civil society is the rule of law, i.e. a state based on the dictatorship of law. Meanwhile, the scale of corruption in Russia, legal nihilism and mass legal illiteracy testify to the absence of such a dictatorship of law in the Russian state and, as a consequence, to the weakness of civil society.

Test questions and tasks

• 1. What is the role of the anti-corruption management system and what caused its relevance?
• 2. What is the Russian anti-corruption system?
• 3. What is the purpose of the organizational and managerial mechanism of anti-corruption activities?
• 4. What are the main instruments of state management of anti-corruption processes?
• 5. What is the function of the National Strategy, National Plan and the system of anti-corruption institutions in the state management of anti-corruption processes?
• 6. In which Federal law and when are the main provisions on the organizational foundations of combating corruption formulated?
• 7. Under which supreme state body and since when has the Anti-Corruption Council been operating?
• 8. Indicate the tasks that the Anti-Corruption Council solves.
• 9. For what purposes was the Presidium established under the Anti-Corruption Council and who heads it?
• 10. List the issues attributed to the Presidium of the Council for Countering Corruption.
• 11. In which government bodies are there commissions to comply with the requirements for official conduct of civil servants of the Russian Federation and the settlement of conflicts of interest?
• 12. What is the content of methodological recommendations on anti-corruption issues developed by the Government of the Russian Federation together with the Anti-Corruption Council?
• 13. Who oversees the implementation of the National Anti-Corruption Plan? To which authority does he report?
• 14. Is the presence of an advisory body under the President of the Russian Federation in the form of the Anti-Corruption Council a serious obstacle to the spread of corruption in the state?
• 15. List the anti-corruption functions assigned to the Security and Anti-Corruption Committee of the Federal Assembly of the Russian Federation?
• 16. What anti-corruption functions are performed by the Committees of the Federation Council of the Federal Assembly, what are their differences from the State Duma Committee on Security and Anti-Corruption?
• 17. What department in the Ministry of Internal Affairs of Russia is engaged in the fight against corruption?
• 18. What body has been carrying out work to combat corruption after the abolition of the Federal Service for the Control of Drug Trafficking?
• 19. What department for the fight against corruption has been created in the FCS of Russia?
• 20. To what extent are the powers to combat corruption of the Accounts Chamber of the Russian Federation disclosed by the Federal Law "On the Accounts Chamber of the Russian Federation"?
• 21. Name the bodies for the implementation of the state anti-corruption policy in the state and municipal authorities, which can be formed by the decision of the President of the Russian Federation.

URGENTLY. TRANSNEFT. What regulatory legal documents say that an anti-corruption commission should be created in the organization.

Answer

Answer to the question:

From 01.01.2013 organizations (regardless of the field of activity) are obliged to develop and take measures to prevent corruption(Federal Law of 25.12.2008 N 273-FZ "On Combating Corruption").

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Which is accepted and entered into force this month.

The list of any specific documents that must be adopted in connection with this by the employer is currently not provided, as there are no specific actions. It appears that determination of such a list is in the competence of the employer .

At the legislative level, there is no norm obliging the employer to create an anti-corruption commission.

See also the Decree of the President of the Russian Federation of 15.07.2015 N 364 "On measures to improve the organization of activities in the field of combating corruption" body for the prevention of corruption and other offenses "," Model regulations on the body of a constituent entity of the Russian Federation for the prevention of corruption and other offenses ")

In practice, organizations are developing an Anti-Corruption Regulation, which may include all measures to prevent corruption.

When drawing up such a provision, one can be guided by the Methodological Recommendations for the development and adoption by organizations of measures to prevent and combat corruption dated 11/08/2013 ().

So, the Regulation should reflect: terms and definitions (describe in detail what is included in the concept of "corruption", what is a bribe, abuse of authority, etc.); the regulatory framework on this issue; limits of liability for illegal actions; basic principles of combating corruption in the organization (personal example of a leader, employee involvement, responsibility and inevitability of punishment, etc.); duties of employees and organizations related to preventing and combating corruption, including the appointment of responsible employees for the prevention of corruption and other offenses.

When developing the Regulation, you can also use similar documents developed in the authorities, for example, the Concept for ensuring the own security of the Federal Tax Service, approved.

In employment contracts (and or job descriptions) with employees after the development of the regulation and familiarization of the latter with it can add a clause stating that employees are required to comply with the provisions of this local regulation. You can also reflect in detail all the points discussed above, but we do not consider it advisable to do this, since it will be a less labor-intensive process to develop a single regulation, to familiarize employees with it. In addition, the legislation does not provide for the inclusion of such clauses in labor contracts (job descriptions) with employees.

An additional agreement might look like this:

SUPPLEMENTARY AGREEMENT No. 1

To the employment contract No. 475 from 15.05.02

Moscow 27.08.14

Closed Joint Stock Company "Alpha", hereinafter referred to as the "Employer",

In the face General Director A.V. Lviv acting on the basis of the Charter, with one

Parties and manager A.S. Kondratiev , hereinafter referred to as the "Employee", on the other

The parties agreed to include in the employment contract No. 475 from 15.05.02 the following changes.

1. Supplement the employment contract No. 475 from 15.05.02 paragraph 4.3 with the following content:

“The employee undertakes to comply with the requirements of the Anti-Corruption Regulation, approved. by order of 25.08.2014 No. 456. "

2. All other conditions of the employment contract No. 475 from 15.05.02 be considered unchanged and

Binding parties.

3. This supplementary agreement is made in two copies, one each

The copy for the employee and the employer, and is effective from 27.08.14. Both copies have

Equal legal force.

4. Signatures of the parties:

Employer A.V. Lviv

Worker A.S. Kondratiev

A copy of the agreement received A.S. Kondratiev

If you nevertheless decide to create a commission, then you will need to make an appropriate provision on it. It is fashionable to take the following form as a basis:

POSITION

on the Anti-Corruption Commission

______________________________________

(name of the legal entity)

1. General Provisions

1.1. Commission ____________________________ (hereinafter - Organization)

(name of the legal entity)

on combating corruption, hereinafter referred to as the Commission, is created

with a view to preliminary consideration of issues related

anti-corruption, preparation of proposals on them for management

proposals aimed at improving the effectiveness of countering

corruption in the Organization.

1.2. The Commission is a collegial body accountable

(head position)

1.3. The Commission in its activities is guided by the Constitution of the Russian Federation, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption", other regulatory legal acts of the Russian Federation in the field of combating corruption and this Regulation.

1.4. Basic concepts used in this Regulation.

Corruption (from lat. Corruptio - bribery) is a social and legal phenomenon that manifests itself in the use by civil servants and other persons authorized to perform public functions, their official position, status and authority of the position held for mercenary purposes for personal enrichment or the acquisition of others opportunities or in group interests. Corruption is also interpreted as bribery, venality of state, public, political figures and other officials, as abuse of office for personal purposes, as bribery, overstatement of expenses, misuse of funds entrusted to them, waste of public funds, etc., as well as official patronage to relatives and their people, nepotism, cronyism.

Corruption offense is a separate manifestation of corruption that entails disciplinary, administrative, criminal or other liability.

The subjects of anti-corruption policy are state and local authorities, institutions, organizations and persons authorized to form and implement anti-corruption policy measures, citizens.

Subjects of corruption offenses are individuals who use their status against the legitimate interests of society and the state to illegally obtain benefits, as well as persons who illegally provide such benefits.

Corruption prevention is the activity of the subjects of anti-corruption policy aimed at studying, identifying, limiting or eliminating the phenomena and conditions that give rise to corruption offenses or contribute to their spread.

Anti-corruption - coordinated activities of federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies of municipalities, civil society institutions, organizations and individuals to prevent corruption, prosecute persons who have committed corruption crimes, and minimize and (or) liquidate their consequences.

2.1. The main activities of the Commission are:

study of the causes and conditions conducive to the emergence of corruption in the Organization and preparation of proposals for improving the legal, economic and organizational mechanisms of the functioning of the Organization (its divisions) in order to eliminate the ground for corruption;

acceptance and verification of applications and appeals received by the Commission, other information about the participation of employees of the Organization in corruption activities;

organization of events (lectures, seminars, questionnaires, testing, round tables, interviews, etc.), contributing to the prevention of corruption;

collection, analysis and preparation of information for the management of the Organization about the facts of corruption and development of recommendations for their elimination;

preparation of proposals for improving regional and federal legislation in the field of legal support for combating corruption;

consideration of other issues in accordance with the directions of the Commission's activities.

3. Rights and obligations of the Commission

3.1. The Commission, in accordance with the areas of activity, has the right:

3.1.1. Carry out preliminary consideration of applications, messages and other documents received by the Commission.

3.1.2. Request information, clarifications on the issues under consideration from the staff of the Organization and, if necessary, invite them to their meetings.

3.1.3. Make decisions on the issues considered within its competence and come up with proposals and recommendations to the management of the Organization and the heads of any structural divisions of the Organization.

3.1.4. Monitor the implementation of decisions made by the head on anti-corruption issues.

3.1.5. Decide on the organization of the Commission's activities.

3.1.6. Create working groups on issues considered by the Commission.

3.1.7. Interact with anti-corruption bodies established in the Russian Federation.

3.1.8. To involve the staff of the Organization in the work of the Commission.

3.1.9. Coordinate the actions of the working groups on combating corruption of the structural divisions of the Organization, give them instructions that must be followed.

3.1.10. Monitor the implementation of instructions from the Commission in terms of combating corruption, as well as analyze their progress.

3.1.11. Carry out other actions in accordance with the directions of the Commission's activities.

4. Organization of the Commission's activities

4.1. The decision on the creation of the Commission, the regulations on the Commission, its quantitative and personal composition are taken by the Head of the Organization and approved by order.

4.2. The Commission includes:

Chairman of the Commission;

Deputy Chairman of the Commission;

Secretary of the Commission;

Members of the Commission.

4.2. The activities of the Commission are organized by the Chairman of the Commission, appointed by the order of the Head, and in his absence, the Deputy Chairman of the Commission.

The Commission carries out its activities on the basis of this Regulation, collective, free and public discussion of issues within its competence.

4.3. Chairman of the Commission:

organizes the work of the Commission;

determines the procedure and organizes the preliminary consideration of materials, documents received by the Commission;

convene meetings of the Commission;

forms the draft agenda and manages the preparation of the meeting of the Commission;

determines the composition of the persons invited to the meetings of the Commission;

conducts meetings of the Commission;

exercises other powers in accordance with these Regulations.

4.4. The Deputy Chairman of the Commission performs the duties of the Chairman of the Commission in case of his absence.

4.5. Secretary of the Commission:

accepts and registers applications, messages, proposals and other documents from employees of the Organization;

prepares materials for consideration of issues by the Commission;

send materials to the members of the Commission for the next meeting of the Commission;

keeps minutes of the meetings of the Commission;

maintains the documentation of the Commission;

on behalf of the Chairman of the Commission, carries out business correspondence with the divisions of the Organization, as well as with state and local authorities, public organizations and other structures;

prepares the draft annual report of the Commission;

carries out other work on behalf of the chairman of the Commission.

4.6. Member of the Commission:

participates in the work of the Commission;

submits proposals to the Commission, participates in their preparation, discussion and decision-making on them;

fulfills the instructions of the Commission and the Chairman of the Commission;

performs other duties assigned to him by the Commission.

4.7. By the decision of the rector or chairman of the Commission, working groups can be formed.

The composition of the working groups, depending on the issues for the solution of which they are formed, may include representatives of the structural divisions of the Organization, other persons.

The objectives of the working groups are determined by the decisions of the chairman of the Commission on their creation.

5. The order of work of the Commission

5.1. The Commission independently determines the procedure for its work in accordance with the plan of activities.

5.2. The main form of the Commission's work is the Commission's meetings, which are held regularly, at least once a quarter. By decision of the Chairman of the Commission or the Deputy Chairman of the Commission, extraordinary meetings of the Commission may be held.

5.3. The draft agenda of the meeting of the Commission is formed on the basis of the proposals of the members of the Commission. The agenda of the Commission meeting is approved at the Commission meeting.

5.4. Materials for the meeting of the Commission are sent by the secretary to the members of the Commission two days before the day of the meeting of the Commission.

5.5. A meeting of the Commission is competent if attended by at least 2/3 of the members of the Commission.

The presence of members of the Commission at the meetings of the Commission is mandatory. Delegation by a member of the Commission of his powers in the Commission to other officials is not allowed. If it is impossible for a member of the Commission to be present at the meeting, he is obliged to notify in advance the Chairman of the Commission, or the Deputy Chairman of the Commission, or the Secretary of the Commission.

If the meeting of the Commission is not competent, then the members of the Commission have the right to hold a working meeting on the issues of the draft agenda of the meeting of the Commission.

5.6. The decisions of the Commission are adopted by a majority vote of the number of members of the Commission present.

Members of the Commission who have a dissenting opinion on an issue considered by the Commission are entitled to submit a dissenting opinion set out in writing.

5.7. Each meeting of the Commission is drawn up by the minutes of the meeting of the Commission, which is signed by the chairperson of the meeting of the Commission and the secretary of the Commission.

5.8. Specialists, experts, representatives of organizations, and other persons may be involved in the work of the Commission with an advisory vote.

6. Ensuring the activities of the Commission

6.1. The structural divisions of the Organization provide legal, informational, organizational, material and technical and other support for the activities of the Commission.

7. Final clause

The regulation comes into force from the moment of its approval by the head of the Organization.

In addition, we would like to inform you that in order to obtain advisory or methodological assistance in the implementation of the requirements of legislative and regulatory legal acts in the field of combating corruption, it is advisable to contact the Ministry of Labor of Russia, which is the legal successor of the Ministry of Health and Social Development of Russia - the responsible executor on the instructions of the President of the Russian Federation and the Government of the Russian Federation.

Details in the materials of the System Personnel:

1. Magazines and books:

Document flow / Ideal document

We include an anti-corruption clause in labor contracts

All organizations, regardless of their form of ownership, are obliged to develop and take measures to prevent corruption ( "On Combating Corruption" (hereinafter -)). Namely - to appoint persons responsible for the prevention of corruption, to cooperate with law enforcement agencies, to adopt a code of ethics and official conduct of employees of the organization, etc. ( ). Let's consider how to fulfill this legal requirement.

Order on the appointment of persons responsible for the prevention of corruption offenses

Advice

To improve the efficiency of anti-corruption work, identify a structural unit that will coordinate the work of other departments of the company in this area.

What is the document for?

To prevent corruption, the legislator recommends that organizations first of all identify officials or entire units responsible for the prevention of corruption and other offenses ().

In what form is

Employer name, number and date of compilation, full name employees responsible for the prevention of corruption offenses, signatures and transcripts of the head of the organization (authorized representative) and employees.

Attention!

The tasks, functions and powers of the structural unit or officials responsible for combating corruption can be established in the organization's anti-corruption policy, in labor contracts, job descriptions, in the regulations on the unit ()

A common mistake

Many organizations do not properly build the chain of command, which makes it difficult for those responsible for anti-corruption to fulfill their responsibilities. The head of the unit responsible for overseeing the Anti-Corruption Policy should report directly to the CEO

Anti-corruption policy

Advice

In the event of a conflict of interest with an organization, you can fire the employee, but only if there are grounds provided for by the Labor Code.

What is the document for?

The main principles followed by the organization, the list of specific measures that it plans to implement in order to prevent corruption and other abuses are recommended to be consolidated in a single document. It can be called, for example, Anti-Corruption Policy, as suggested in the Methodological Recommendations. In practice, there is also another name - the Comprehensive Program to Combat Corruption, Fraud and Theft.

In what form is

In free writing.

What must be in the document

The name of the organization, the name of the type of document (Anti-corruption policy), the stamp of approval (date, document number and signature of the head of the organization), place of preparation, the content of the document (principles, procedures and a list of specific anti-corruption measures), approval and familiarization visas.

A common mistake

Many organizations do not develop their own anti-corruption policies, because the responsibility for the absence of this document has not been established. However, it will help avoid responsibility for another violation - an attempt by one of the employees to bribe on behalf of the company. In such cases, she faces a very large fine ()

Supplementary agreement to the employment contract

Advice

You do not have to seal employment contracts and additional agreements to it. The legislation does not require this

What is the document for?

By agreement of the parties, the labor contract may include the rights and obligations of the employee and the employer established by labor legislation, local regulations, as well as arising from the terms of the collective agreement, agreements (). This means that anti-corruption provisions can be included in employment contracts with employees to prevent corruption and other abuses. You can make changes to an already signed employment contract by drawing up an additional agreement to it ().

In what form is

In free writing in two copies: one for the employee, the other for the employer ().

What must be in the document

The name of the document, the date and place of its preparation, the details of the employment contract to which the parties are making changes, the text of the amendments that will be made, the date of entry into force of the agreement, the details of the parties.

Attention!

Employment contracts and additional agreements to them must be kept for 75 years (List approved). The beginning of the storage period for documents is January 1 of the year following the year in which they were drawn up.

A common mistake

Often, many employers establish various penalties for employees for violation of labor obligations by an additional agreement. This cannot be done. As a general rule, there can be only three types of punishment for employees: reprimand, reprimand and dismissal ()

Declaration of conflict of interest

Advice

When developing a declaration on a conflict of interest and instructions for filling it out, provide for the procedure for resolving the identified conflict, as well as measures that may be presented to the employee in case of violation

What is the document for?

For positions with a high risk of corruption, it is possible to establish the obligation to fill out an annual declaration of conflict of interest (). This will help to timely identify conflicts of interest in the activities of employees.

A conflict of interest is understood as any situation when, when performing certain actions within the framework of an employee's job responsibilities, a conflict arises between the interests of the company and the personal interest of the employee, who can make a decision in his personal interests to the detriment of the interests of the company ().

In what form is

In free writing.

What must be in the document

The name of the document, the date of its preparation, full name and the signature of the employee, his position, questions that allow to identify a conflict of interest in the employee's activities.

Attention!

The completed declaration of conflict of interest is strictly confidential and is intended solely for the internal use of the organization. Its content must not be disclosed to any third parties (to the Methodological Recommendations)

Order to bring an employee to disciplinary responsibility

Advice

You may not punish an employee for a misdemeanor, taking into account his excellent previous work, personal circumstances, etc.

What is the document for?

The employer has the right to apply disciplinary measures to the employee up to and including dismissal for committing illegal actions that resulted in the employee's failure to perform his / her job duties (). Bringing an employee to disciplinary responsibility is formalized by order ().

In what form is

In any written form (except when disciplinary action in the form of dismissal is applied).

What must be in the document

Employer name, number and date of compilation, full name and the position of the employee held accountable; the type of disciplinary sanction and the basis for its application, signatures and transcripts of the head of the organization and the employee.

Attention!

The disciplinary sanction must be commensurate with the gravity of the offense, otherwise the court may recognize the order to apply the penalty as illegal (,)

A common mistake

Often employers believe that the employee himself should know that he needs to explain the reasons for his misconduct. This is not true. It is the employer who is obliged to inform the employee that the manager expects an explanatory note from him regarding the violations committed ()

Methodological recommendations for the development and adoption by organizations of measures to prevent and combat corruption, approved by the Ministry of Labor of Russia on November 8, 2013 (hereinafter -).
Such a point can be fixed in the job description.

2. Legal basis:Letter of the Federal Tax Service of Russia dated June 19, 2014 No. BS-4-11 / [email protected]

Question: On the submission by the management of a state corporation or state company of information on income, property and property obligations.

MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

THE FEDERAL TAX SERVICE

The Federal Tax Service has considered the OJSC's request on the procedure for submitting information on income, property and property obligations by the company's management and reports the following.

In the order of the President of the Russian Federation dated January 17, 2012 N Pr-113, instructions were given to ensure that the heads of state corporations and state-owned companies, as well as joint-stock companies, where the state has a blocking stake, provide information about their income, property and property obligations, and income , on the property and property obligations of their spouses and minor children for 2011 and subsequent years.

According to part 1 of article 349.1 of the Labor Code of the Russian Federation and article 8 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (taking into account the changes introduced by the Federal Laws of November 21, 2011 N 329-FZ and of December 03, 2012 N 231 -FZ) an employee of a state corporation or state company is obliged to submit information about his income, property and property obligations, property and property obligations of his spouse and minor children.

Issues related to the implementation of the provisions of Article 349.1 of the Labor Code of the Russian Federation, which establishes the features of labor regulation of employees of state corporations, state-owned companies, are streamlined by Decree of the Government of the Russian Federation of August 21, 2012 N 841, according to which an employee of a state corporation (state company) filling a position, the appointment to which and exemption from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, or another position included in the list established by a local regulatory act of a state corporation (state company), must be submitted in the manner determined in accordance with the decree of the President of the Russian Federation dated 02.04.2013 N 309 "On Measures to Implement Certain Provisions of the Federal Law" On Combating Corruption "(hereinafter - Decree N 309).

In accordance with the provisions of Decree No. 309, information on income, property and property obligations, income, property and property obligations of a spouse and minor children shall be submitted:

a) to the Office of the President of the Russian Federation on Anti-Corruption Issues:

citizens applying for positions in state corporations (companies), other organizations created on the basis of federal laws, the appointment and release from which are carried out by the President of the Russian Federation;

b) to a subdivision of the Staff of the Government of the Russian Federation, determined by the Government of the Russian Federation:

citizens applying for positions in state corporations (companies), other organizations created on the basis of federal laws, the appointment and exemption from which are carried out by the Government of the Russian Federation;

persons holding the indicated positions;

c) subdivisions for the prevention of corruption and other offenses (officials responsible for the prevention of corruption and other offenses), which are created (determined) in state corporations (companies), other organizations created on the basis of federal laws:

citizens applying for positions in state corporations (companies), other organizations created on the basis of federal laws included in the lists established by local regulations of state corporations (companies) and other organizations;

persons filling the indicated positions.

Thus, the management of the company is obliged to provide information about their income, property and property obligations, as well as income, property and property obligations of their spouse and minor children in the manner determined in accordance with decree N 309.

In addition, we would like to inform you that in order to obtain advisory or methodological assistance in the implementation of the requirements of legislative and regulatory legal acts in the field of combating corruption, it is advisable to contact the Ministry of Labor of Russia, which is the legal successor of the Ministry of Health and Social Development of Russia - the responsible executor on the instructions of the President of the Russian Federation and the Government of the Russian Federation.

Valid

state councilor

Russian Federation

S. L. Bondarchuk

Best regards and wishes for a comfortable work, Tatiana Kozlova,

Expert Systems Personnel