RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of November 15, 2016 No. 400

About approval of the Regulations on procedure for conducting verification of data concerning persons applying for holding the posts of employees of the National Bank of Ukraine

According to Articles 15, 56 Laws of Ukraine "About the National Bank of Ukraine", being guided by the Law of Ukraine "About prevention of corruption", the Board of the National Bank of Ukraine decides:

1. Approve Regulations on procedure for conducting verification of data concerning persons applying for holding the posts of employees of the National Bank of Ukraine it (is applied).

2. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Smoliya Ya. V.

3. The resolution becomes effective from the date of, its official publication following behind day.

Approved by the Resolution of Board of the National Bank of Ukraine of November 15, 2016 No. 400

Regulations on procedure for conducting verification of data concerning persons applying for holding the posts of employees of the National Bank of Ukraine

I. General provisions

1. This Provision determines procedure for conducting verification of data concerning persons applying for holding the posts of employees of the National Bank of Ukraine (further - applicants), except position of the Chairman of the National Bank of Ukraine.

2. The purpose of conducting verification of data concerning applicants are:

1) realization of preventive measures on prevention of the corruption, connected with corruption and other offenses in system of the National Bank of Ukraine (further National Bank);

2) observance of the restrictions set by the Law of Ukraine "About prevention of corruption", "About the National Bank of Ukraine", other legal acts of Ukraine;

3) prevention of acceptance for work in National Bank of persons having negative goodwill.

3. In this Provision the terms below are used in such value:

1) negative information concerning the applicant from prior workplaces:

systematic failure to carry out by the worker without valid excuse the obligations assigned to it by the employment contract or employment policies and procedures;

guilty actions of the worker who directly serves cash, commodity or cultural values if these actions give the grounds for loss of trust to it from the owner or the body authorized by it;

emergence at drunk work, in condition of drug or toxic intoxication;

making on plunder place of employment (including small) property of the owner established by the court verdict which took legal effect or the resolution of body which competence includes imposing of administrative punishment or application of community sanctions;

2) divisions of National Bank - structural divisions of central office, Banknote mint of National Bank;

3) positions with the high and increased corruption risk - positions of heads and deputy managers of divisions as a part of structural divisions of central office of National Bank;

4) positions which provide occupation of responsible provision - position of division managers of National Bank and their deputies (except Banknote mint of National Bank).

The term "relatives of the first degree of relationship" is applied in the determination established by the Tax code of Ukraine.

Other terms in this Provision are used in the values established by the Laws of Ukraine "About prevention of corruption", "About banks and banking activity".

4. Verification of data concerning applicants who already work in National Bank and are appointed to executive positions, it is carried out if verification of data concerning the applicant in the amount provided by this Provision was not made earlier.

5. Verification of data on application of the prohibitions provided by the Law of Ukraine "About cleaning of the power" is performed according to the specified Law, normative and legal and administrative acts on these questions.

6. Verification of data concerning applicants for position in the part concerning provision of the admission to the state secret is carried out according to the legislation in the sphere of protection of the state secret.

II. The data which are subject to check

7. Concerning applicants for positions official / officials of National Bank data relatively are subject to check:

1) availability of the judgment which took legal effect according to which applicants are brought to trial, and also availability at the applicant of criminal record, its removal, repayment;

2) availability at the applicant of administrative punishments for making:

the offense connected with corruption;

violations of requirements of the bank law, legislation concerning financial monitoring;

3) availability of the negative information about the applicant from prior workplaces;

4) availability of the fact of dismissal of the applicant:

in the cases provided by part five of article 66 of the Law of Ukraine "About public service";

during passing of military service under the contract from military service in inventory for office discrepancy, in connection with the conviction of court which took legal effect in connection with deprivation of military rank in disciplinary procedure;

Availability at the applicant of violations (failure to carry out or inadequate accomplishment) of obligations of financial nature which amount exceeds 50 thousand hryvnias (or equivalent of this foreign currency amount) and the term of violation exceeds 5) 30 calendar days, concerning any bank or other legal entity or physical person (within the last three years);

6) educations of the applicant;

7) availability at the applicant of corporate laws and/or stay in the status of the entrepreneur;

8) relations of the job seeker to conscription.

Verification of information about applicants for positions official / officials of National Bank is carried out in time, not exceeding five working days from the date of giving to Department of safety of the documents necessary for conducting check.

The review period can be extended for the term necessary for receipt of information from public authorities, divisions of National Bank, organizations, the companies, the organizations.

8. Concerning applicants for positions of employees of National Bank data on observance by them and their close relatives of the first degree of relationship of restrictions, the stipulated in Clause 65 Laws of Ukraine "About the National Bank of Ukraine" are in addition performed.

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