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Ministry of Justice of Ukraine

December 28, 2016

No. 1718/29848

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

of December 2, 2016 No. 126

About approval of Methodology of assessment of corruption risks in activities of authorities

According to Article part one 8, to Items 5, 11 parts one of article 12 of the Law of Ukraine "About prevention of corruption", for the purpose of ensuring single approach in authorities in the organization of assessment work of the corruption risks arising in case of realization of the powers by them the National agency according to the prevention of corruption SOLVED:

1. Approve Methodology of assessment of corruption risks in activities of authorities which are applied.

2. In accordance with the established procedure to submit to department of the organization of work on prevention and identification of corruption this decision on state registration to the Ministry of Justice of Ukraine.

3. Control over the implementation of this decision to assign to the member of the National agency concerning prevention of corruption Skopich A. D.

4. This decision becomes effective from the date of its official publication.

Chairman

N. Korchak

Approved by the Decision of the National agency concerning prevention of corruption of Ukraine of December 2, 2016 No. 126

Methodology of assessment of corruption risks in activities of authorities

I. General provisions

1. This Methodology determines complex of rules and assessment procedures of corruption risks in activities of authorities in which according to part one of article 19 of the Law of Ukraine "About prevention of corruption" anti-corruption programs are adopted (further - authorities).

Assessment of corruption risks is carried out within preparation of the anti-corruption program of authority or during its periodic review.

2. In this Methodology terms are used in the following values:

the internal circle - the organizational management processes in authority aimed at providing realization by authority of legislatively fixed functions and tasks;

external environment - number of factors of the environment (legal, other regulatory legal acts, except the acts adopted directly by authority, the natural phenomena, etc.) influencing implementation of powers by authority whereas such body has no direct impact on these factors;

identification of corruption risks - determination of factors of corruption risk in activities/divergence of officials of authority which can promote making by them of the corruption offense or offense connected with corruption;

corruption risk - probability that there will be event of the corruption offense or offense connected with corruption which will negatively influence achievement by authority of particular purposes and tasks;

object of assessment of corruption risks - functions and tasks of authority, their officials determined by legal acts and methods of their realization;

assessment of corruption risks - process of determination, the analysis and direct assessment of corruption risk;

factors of corruption risk - condition and the reason which encourage (stimulate), cause or allow making by the official in case of execution of functions of the state by it or local self-government of actions which can lead to making of the corruption offense or offense connected with corruption.

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

3. The commission on assessment of corruption risks of authority (further - the commission) which part employees of structural divisions of authority and, under approval are, the public representatives, experts having knowledge of internal and external environment of authority can carry out assessment of corruption risks and have work experience in the field of its activities.

4. Process of assessment of corruption risks of authority consists of the following main stages:

organizational preparatory activities;

identification (identification) of corruption risks;

assessment of corruption risks;

creation of the report on results of assessment of corruption risks.

II. Organizational preparatory activities according to corruption risks in authority

1. Preparation for evaluating corruption risks includes the following stages:

acceptance by the subject authorized on approval of the anti-corruption program according to part one of article 19 of the Law of Ukraine "About prevention of corruption" (further - the subject of approval of the anti-corruption program), decisions on evaluating corruption risks;

the publication of the solution of subject of approval of the anti-corruption program about evaluating corruption risks on the official site of authority;

forming of the commission (in case of evaluating corruption risks by the commission);

development of the working plan of assessment of corruption risks (further - the working plan).

2. The subject of approval of the anti-corruption program makes the decision on evaluating corruption risks which for the purpose of attraction in structure of the commission of representatives of the public and experts no later than seven working days until statement of its structure is posted on the official site of authority.

3. The subject of approval of the anti-corruption program determines the commission chairman and its members, term of evaluating corruption risks, and also approves regulations on it.

The commissions, among other things, are included representatives of service of personnel management, accounting and legal services, structural division of internal audit, the representative of division (face) for prevention and identification of corruption (in case of their education).

At different stages of evaluating corruption risks other employees of authority (under approval) who are not its part can be involved in work of the commission in the procedure established by the legislation, but can provide information for implementation of objective and quality standard of corruption risks.

4. The commission according to object of assessment of corruption risks constitutes the working plan which is approved by the commission chairman.

In the working plan information is displayed:

object of assessment of corruption risks;

information sources for evaluating corruption risks;

methods and methods of assessment of corruption risks;

persons responsible for evaluating corruption risks, on each object;

terms of evaluating corruption risks on each object.

The working plan if necessary can be adjusted by the commission at different stages of implementation of assessment of corruption risks.

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