THE ORDER OF THE NATIONAL AGENCY CONCERNING PREVENTION OF CORRUPTION OF UKRAINE

of January 18, 2021 No. 11/21

About approval of the Procedure for conducting checks of the organization of work on the prevention and identification of corruption

According to Items 5, 5-2 parts one of article 12 of the Law of Ukraine "About prevention of corruption", for the purpose of realization by the National agency concerning prevention of corruption of powers on conducting checks of the organization of work on the prevention and identification of corruption ORDER:

1. Approve the Procedure for conducting checks of the organization of work on the prevention and identification of corruption which is applied.

2. Declare invalid the order of the National agency concerning prevention of corruption of May 27, 2020 No. 223/20 "About approval of the Procedure for conducting checks of the organization of work on the prevention and identification of corruption", registered in the Ministry of Justice of Ukraine on June 12, 2020 for No. 520/34803.

3. To submit to department of prevention and identification of corruption this order on state registration to the Ministry of Justice of Ukraine.

4. I reserve control of execution of this order.

5. This order becomes effective from the date of its official publication.

Approved by the Order of the National agency concerning prevention of corruption of Ukraine of January 18, 2021, No. 11/21

Procedure for conducting checks of the organization of work on the prevention and identification of corruption

I. General provisions

1. This Procedure determines the mechanism of carrying out by the National agency concerning prevention of corruption (further - the National agency) checks of the organization of work on the prevention and identification of corruption, registration of results of such checks.

2. In this Procedure terms are used in the values given in the Law of Ukraine "About prevention of corruption" (further - the Law).

3. Objects of check are state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, legal entities in the cases provided by the Law (further - object).

4. The questions concerning observance by subject of requirements of the Law and the regulatory legal acts adopted according to it which extend to such object, in particular, relatively are subject to check:

educations (determination) of the representative of division (authorized person) for prevention and identification of corruption, execution of the tasks assigned to authorized division (authorized person), dismissals of the head of authorized division (authorized person) of state body which jurisdiction extends to all territory of Ukraine, on condition of provision of consent by the National agency;

preparation, representation on approval to the National agency of anti-corruption programs and changes in them, their accomplishment;

appointments of the authorized person responsible for implementation of the anti-corruption program in legal entities in the cases provided by the Law, releases of such person on condition of provision of consent by the National agency;

creations and functioning of internal and regular channels of the message on the possible facts of the corruption or connected with corruption offenses, other violations of the law;

considerations of messages on the possible facts of the corruption or connected with corruption offenses, other violations of the law;

acceptances of the measures provided by the Law in case of identification of the corruption or connected with corruption offense or receipt of the message on making of such offense by workers of the corresponding object;

protection of exposers;

notifications of the National agency on cases of non-presentation or untimely submission of declarations;

prohibition on receipt of privileges, services and property;

special checks;

conducting office investigations on representations of specially authorized subjects in the field of anti-corruption or to instructions of the National agency;

attraction to disciplinary responsibility in the procedure for persons who made the corruption offense or offense connected with corruption established by the law;

provisions to the National agency in accordance with the established procedure paper copies of administrative documents on imposing of authority punishments for making of the corruption or connected with corruption offenses;

cancellations of regulatory legal acts, the decisions issued (accepted) with violation requirements of the Law.

5. The authorized persons of the National agency determined according to part one of article 13 of the Law (further - authorized persons) which hold positions in independent structural division of the office of the National agency to which functions conducting checks of the organization of work on the prevention and identification of corruption belongs (further - Division), by results of the automated distribution perform.

It can be performed by the authorized person solely or as a part of the commission. From among the authorized persons which are part of the commission the commission chairman who performs the general organization of its work and performs powers of the authorized person is determined.

6. In conducting check do not recruit the authorized person in the presence at it potential, real conflict of interest.

II. Types of checks, general organization and preparation of their carrying out

1. The national agency carries out scheduled and unscheduled inspections.

2. Scheduled inspections are carried out according to the annual plan of checks which is approved by the Chairman of the National agency and is posted on the official website of the National agency.

Scheduled inspection of the same object is carried out with frequency not more often than once in two years.

Counting of term for determination of the period which is subject to scheduled inspection begins with start date of the previous scheduled inspection.

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