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Ministry of Justice of Ukraine

August 1, 2023

No. 1296/40352

ORDER OF THE NATIONAL AGENCY ON PREVENTION OF CORRUPTION OF UKRAINE

of July 25, 2023 No. 152/23

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

(as amended on 21-11-2023)

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

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

2. Declare invalid the order of the National agency concerning prevention of corruption of January 18, 2021 No. 11/21 "About approval of the Procedure for conducting checks of the organization of work on prevention and identification of corruption", registered in the Ministry of Justice of Ukraine on February 08, 2021 at No. 166/35788.

3. To submit to department of monitoring and control of execution of acts of the legislation on conflict of interest and prevention of corruption in accordance with the established procedure this order on state registration to the Ministry of Justice of Ukraine.

4. I reserve control over the implementation of this order.

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

Chairman

A. Novikov

Approved by the Order of the National agency concerning prevention of corruption of July 25, 2023, No. 152/23

Procedure for conducting checks of the organization of work on 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 prevention and identification of corruption, to 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. Questions concerning observance by object and its officials of requirements of the law and the regulatory legal acts adopted according to it who extend to such object, in particular relatively are subject to check:

education (determination) of the representative of division (authorized person) for prevention and identification of corruption, accomplishment of the tasks assigned to authorized division (authorized person), dismissal 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, submission on approval to the National agency of anti-corruption programs and changes in them, their accomplishment;

the organizations of work on estimation of corruption risks in activities of object of check, preparation of actions for their elimination;

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

creation 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;

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

protection of unmaskers;

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

prohibitions 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;

provision in 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;

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

5. Authorized persons of the National agency (further - authorized persons) by results of the automated distribution perform.

It can be performed by the authorized person solely or as a part of the commission which general organization of work is provided by its chairman. The commission chairman is determined by the Chairman of the National agency or the vice-chairman of the National agency according to distribution of obligations from among the authorized persons which are part of the commission.

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 preliminary scheduled inspection.

3. Unscheduled inspections are carried out based on the written proposal of the division manager in case:

representation by subject of the written application about implementation of check at his desire;

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