Anticorruption program in the company: general statements for legal entities
The act establishes a number of requirements that must be met by employees of the legal entity in the sphere of combating corruption. So, according to the law of the legal entity shall ensure that necessary and reasonable measures to counter corruption. To identify, address and prevent corruption risks can involve external experts.
The legal entity must approve anti-corruption program that will be publicly available for workers also, the provisions of this program should be included in internal regulations and contracts of the employees of such legal entity. Commitment curing anti-corruption program for the following companies: utility, government, economic entities (only those which fall under clause 2, article 62 of this law)
Mandatory anti-corruption program approved by the managers:
- of the state, municipal enterprises, economic societies (in which state or municipal share exceeds 50 percent), where the average recorded number of employees for the reporting (financial) year exceeds fifty persons, and gross income from sales of products (works, services) for this period exceeds seventy million hryvnias;
- legal entities that are members of pre-qualification, the participants of the procurement procedure in accordance with Law“About implementation of government procurements”.
- anti-Corruption program was approved after discussion with the employee of the legal entity. The text of the anti-corruption program must be in constant and open access for employees of a legal entity.
- the provisions of the anticorruption program included employment contracts, internal regulations of a legal entity and can enter into contracts that are concluded by a legal entity.
- and legal entities that are members of pre-qualification, the participants of the procurement procedure in accordance with the Law of Ukraine “On public procurement”
Separately it is necessary to pay attention to the authorized person which shall be appointed by the head or founder (participant) of a legal entity in accordance with the labor laws and in the manner prescribed by the anti-corruption program. Professionals are under 30 years of age and those that don’t have legal or economic education, not able to hold this position. In the case of dismissal of the authorized person the company shall within two business days to inform authority and immediately submit the post to another candidate.
In the event that the above requirements of the law, the proposal of a bidder may be rejected – to do this, make the appropriate changes to the law. Moreover, with the entry into force of the law, increases the risk of the legal entities ‘ criminal liability with the subsequent imposition of significant fines.
