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It is registered

Ministry of Justice of Ukraine

February 17, 2022

No. 219/37555

THE ORDER OF THE NATIONAL AGENCY ACCORDING TO THE PREVENTION OF CORRUPTION OF UKRAINE

of December 28, 2021 No. 830/21

About enhancement of process of management of corruption risks

According to Item 7 parts one of Article 11, Article 12, the paragraph the sixth parts one of article 19 of the Law of Ukraine "About prevention of corruption" PRIKAZYVAYU:

1. Approve enclosed:

Methodology of management of corruption risks;

Procedure for submission of Anti-corruption programs, changes in them on coordination in the National agency concerning prevention of corruption and implementation of their coordination.

2. Recognize invalid:

the decision of the National agency concerning prevention of corruption of December 2, 2016 No. 126 "About approval of Methodology of assessment of corruption risks in activities of authorities", registered in the Ministry of Justice of Ukraine on December 28, 2016 for No. 1718/29848;

the decision of the National agency concerning prevention of corruption of December 8, 2017 No. 1379 "About approval of the Procedure for preparation, submission of Anti-corruption programs on coordination in the National agency concerning prevention of corruption and implementation of their coordination", registered in the Ministry of Justice of Ukraine on January 22, 2018 for No. 87/31539 (with changes).

3. To submit to department of prevention and identification of corruption in accordance with the established procedure 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 in three months from the date of its official publication.

The chairman of the National agency concerning prevention of corruption

A. Novikov 

Approved by the Order of the National agency concerning prevention of corruption of Ukraine of December 28, 2021 No. 830/21

Methodology of management of corruption risks

I. General provisions

1. This Methodology determines control algorithm of corruption risks in activities of state bodies, local government bodies, other subjects in which Anti-corruption programs according to article 19 of the Law of Ukraine "About prevention of corruption" are adopted (further - the organization) which includes assessment procedures of corruption risks, preparation, monitoring, assessment of execution and review of Anti-corruption programs.

This Methodology can be applied to management of corruption risks in activities of other legal entities, irrespective of their form of business.

2. In this Methodology terms are used in such values:

assets of the organization - the means, property, corporate, other rights and resources belonging to the organization;

The anti-corruption program - the complex Anti-corruption document of strategic type which determines process of management of corruption risks taking into account the corruption risks and the state Anti-corruption policy identified in the organization;

internal concerned parties - the head and other employees of the organization; persons who serve, training or training in the organization; territorial authorities (branches, representations) organizations and their workers; consultative, advisory and other facilitative branches which are formed in the organization, and members of such bodies;

source of corruption risk - circumstance or their set which can entail or allow emergence of corruption risk;

corrective action on corruption risk - the measure directed to elimination, minimization of corruption risk;

outer concerned parties - physical persons and/or legal entities, their associations, other subjects which are not internal concerned parties with which the organization interacts or can interact in the course of accomplishment of the functions;

the circle of the organization is set of internal and external factors which characterize organization activity and have or can have influence on goal achievement of its activities;

corruption risk - probability of making of the corruption or connected with corruption offense which will negatively influence organization activity;

amount of assessment of corruption risks - set of functions of the organization and processes, potentially vulnerable to corruption, in its activities;

working group - the working group on assessment of corruption risks formed in the organization for the purpose of identification, the analysis, determination of levels of corruption risks in organization activities and developments of corrective actions on them;

management of corruption risks - the purposeful, coordinated organization activity on identification, elimination, minimization of corruption risks in the activities.

The scheme of process of management of corruption risks in organization activity is given in appendix 1 to this Methodology.

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

3. Principles of management of corruption risks:

integration - inherence of management of corruption risks from organization activity, its implementation in general management system the organization; accounting of resource requirement, corrective actions, necessary for accomplishment, on corruption risks, during planning and management of financial resources of the organization; accounting of provisions of the Anti-corruption program in case of decision making and preparation of the regulatory legal acts and administrative documents regulating organization activity; involvement of the representative of division (authorized person) for prevention and identification of corruption (further - authorized division (authorized person)) to management of corruption risks;

inclusiveness - implementation of management of corruption risks on each function of the organization taking into account its structure and distribution of powers between its independent structural divisions of the organization, interrelations between various functions of the organization;

adaptedness - accounting of features of the circle of the organization under management of corruption risks;

inclusivity - proper and timely attraction to all components of process of management of corruption risks of outer and internal concerned parties for the purpose of exchange of information and carrying out consultations;

dynamism - implementation of management of corruption risks on system and regular basis, accounting of changes in the circle of the organization, response to new corruption risks and timely and effective adjustment of corrective actions on corruption risks, including by modification of the Anti-corruption program;

sufficiency of information - implementation of management of corruption risks based on all information which is available in the organization;

continuous improvement - improvement of process of management of corruption risks thanks to the acquired knowledge and practical experience of elimination, minimization of corruption risks for the purpose of gradual decrease in amount of such risks or their levels in organization activity.

II. Task of the head of the organization and other persons in management of corruption risks

1. Task of the head of the organization in management of corruption risks:

1) demonstration of leader line item in implementation of management of corruption risks in all fields of activity of the organization;

2) support directly prevention and anti-corruption in organization activity, demonstration by own example of zero tolerance to corruption, personal participation in Anti-corruption actions of the organization;

3) adoption of administrative documents concerning prevention and anti-corruption, including the Anti-corruption program and changes in it;

4) assistance to distribution of information on importance of implementation of management of corruption risks to all fields of activity of the organization;

5) formation of independent and functionally independent authorized division (determination/appointment of the authorized person) and his (her) organizational, material and other resources sufficient for effective implementation of the tasks assigned to he (she); providing guarantees of independence and periodic advanced training of the representative of division (authorized person) as coordinator of work on management of corruption risks;

6) implementation of the common directorship and control of process of management of corruption risks, efficiency analysis of management of corruption risks;

7) initiation of carrying out regular assessment of corruption risks in organization activity (further - assessment of corruption risks), creations of working group, investment with its appropriate authority;

8) providing with the resources necessary for effective management of corruption risks;

9) assistance to continuous improvement of processes of management of corruption risks;

10) timely response to the possible facts of violations of the Anti-corruption program, the corruption or connected with corruption offenses, other violations of the law.

2. Tasks of authorized division (authorized person) in management of corruption risks:

1) coordination of interaction of participants of process of management of corruption risks;

2) ensuring involvement of internal and outer concerned parties to process of management of corruption risks, including in structure of the working group;

3) organization of activities of working group:

provision of offers to the head of the organization concerning members of working group;

implementation of preparation of meetings of working group;

ensuring maintaining protocols of meetings of working group;

holding introduction training and rendering the methodical help to workgroup members concerning management of corruption risks;

ensuring exchange of information between workgroup members;

4) coordination of assessment work of corruption risks and development of corrective actions on corruption risks;

5) preparation of offers on determination of Anti-corruption policy of the organization;

6) preparation of the Anti-corruption program, changes in it and other documents provided by this Methodology;

7) implementation of monitoring and assessment of accomplishment of the Anti-corruption program;

8) implementation of monitoring of the circle of the organization, timely response to the changes influencing origin new or change of the existing corruption risks;

9) ensuring interaction of the organization with the National agency for prevention of corruption (further - the National agency) on the questions provided by the Law and this Methodology.

3. Task of working group in management of corruption risks:

1) work planning according to corruption risks;

2) circle research of the organization and scoping of assessment of corruption risks;

3) exchange of information and carrying out consultations with internal and outer concerned parties, including by their poll (questioning), interviewing;

4) implementation of identification, analysis and determination of levels of corruption risks;

5) development of corrective actions on corruption risks.

4. Task of heads of independent structural divisions of the organization in management of corruption risks:

1) ensuring interaction of independent structural division of the organization with authorized division (authorized person);

2) identification and accounting of the corruption risks arising in activities of independent structural division of the organization in case of decision making and making of actions; informing on such corruption risks of authorized division (authorized person) and head of the organization;

3) periodic advanced training;

4) personal observance and ensuring compliance by subordinate workers of Anti-corruption policy with the organization, provisions of the Anti-corruption program;

5) encouragement of subordinate workers to the message on the possible facts of the corruption or connected with corruption offenses, other violations of the law, informing on non-compliance with Anti-corruption policy of the organization, provisions of the Anti-corruption program.

5. Task of employees of the organization in management of corruption risks:

1) observance of Anti-corruption policy of the organization, the Anti-corruption program during execution of job responsibilities;

2) provision to workgroup members of reliable information concerning the circle of the organization, corruption risks in its activities; participation in polls (questioning), interviewings provided by this Methodology;

3) passing of periodic training in questions of prevention and anti-corruption;

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