|
APPROVED Order of the State Specialized Forest Protection Enterprise «Kharkivlisozakhyst» dated 26.06.2020 No. 37 |
ANTI-CORRUPTION PROGRAM
of the State Specialized Forest Protection Enterprise «Kharkivlisozakhyst»
With this Anti-Corruption Program, the State Specialized Forest Protection Enterprise «Kharkivlisozakhyst» (hereinafter - the Legal Entity) declares that its employees, officials, and director, in their internal activities as well as in legal relations with business partners, state authorities, and local self-government bodies, adhere to the principle of «zero tolerance» towards any manifestations of corruption and will take all measures provided by legislation to prevent, detect, and combat corruption and related actions (practices).
1. The Anti-Corruption Program is a set of rules, standards, and procedures for detecting, combating, and preventing corruption in the activities of the Legal Entity.
2. The Anti-Corruption Program establishes standards and requirements not lower than those provided by the Law of Ukraine «On Prevention of Corruption» (hereinafter - the Law) and the Model Anti-Corruption Program approved by the decision of the National Agency on Corruption Prevention.
3. The terms in the Anti-Corruption Program are used in the meanings provided in the Law.
4. The Anti-Corruption Program is approved by the order of the head of the Legal Entity after its discussion with employees and officials of the Legal Entity.
5. The text of the Anti-Corruption Program is permanently available to employees, officials of the Legal Entity, and its business partners on the Legal Entity's website - lisozahyst.org.ua
II. Scope and Responsible Persons for the Implementation of the Anti-Corruption Program
1. The Anti-Corruption Program is mandatory for all employees of the Legal Entity, including officials at all levels and the director.
2. The Anti-Corruption Program is also applied by the Legal Entity in its legal relations with business partners, including state authorities and local self-government bodies.
3. The following persons are responsible for implementing the Anti-Corruption Program within their powers:
1) the head of the Legal Entity (hereinafter - the Head);
2) the official of the Legal Entity responsible for implementing the Anti-Corruption Program (hereinafter - the Authorized Person), whose legal status is determined by the Law and the Anti-Corruption Program;
3) officials of all levels and other employees of the Legal Entity (hereinafter - Employees).
III. Anti-Corruption Measures in the Activities of the Legal Entity
1. List of Anti-Corruption Measures in the Activities of the Legal Entity
1. The Legal Entity ensures the development and implementation of measures necessary and sufficient to prevent, detect, and combat corruption in its activities.
2. Anti-corruption measures include:
1) periodic assessment of corruption risks in the activities of the Legal Entity;
2) anti-corruption standards and procedures in the activities of the Legal Entity.
3. The main anti-corruption standards and procedures of the Legal Entity:
1) familiarizing new employees with the content of the Anti-Corruption Program, conducting training events on preventing and combating corruption;
2) anti-corruption due diligence of business partners;
3) provisions on mandatory compliance with the Anti-Corruption Program;
4) criteria for selecting business partners of the Legal Entity;
5) restrictions on the Legal Entity's support of political parties and charitable activities;
6) mechanism for reporting violations of the Anti-Corruption Program, signs of corruption or related offenses, as well as confidentiality of such reports and protection of whistleblowers;
7) functions of the Authorized Person and employees in preventing corruption;
8) procedure for reviewing whistleblower reports, including internal investigations and disciplinary actions;
9) professional ethics norms and duties and prohibitions for employees;
10) mechanisms for preventing and resolving conflicts of interest;
12) supervision and control over compliance with the Anti-Corruption Program requirements.
2. Periodic Assessment of Corruption Risks in the Activities of the Legal Entity
1. The Legal Entity conducts an internal assessment of corruption risks in its activities at least once a year.
2. Corruption risk is a justified probability of the occurrence of a corruption-related offense or violation of the Anti-Corruption Program requirements.
3. The assessment of corruption risks in the Legal Entity is conducted by the Authorized Person.
During the assessment of corruption risks, other employees of the Legal Entity, as well as independent experts or specialists, may be involved at the initiative of the Authorized Person.
4. Corruption risks in the activities of a Legal Entity are divided into internal and external.
Internal corruption risks are identified in the organizational-management, financial-economic, personnel, and legal procedures of the Legal Entity's activities.
External corruption risks are identified in the activities of business partners, including government authorities and local self-government bodies, with whom the Legal Entity has business legal relations.
5. Based on the results of corruption risk identification, the commission, in accordance with its operational procedures, determines and describes them, classifies them by categories and types.
6. Based on the assessment of corruption risks in the activities of the Legal Entity, the Authorized Person prepares a written report.
The report is prepared in the form and structure determined by the Authorized Person.
The report on the results of the corruption risk assessment is submitted to the head, founders (participants) of the Legal Entity and must include:
1) identified corruption risks, as well as the causes that generate them and the conditions that contribute to them;
2) assessment of the identified corruption risks;
3) proposals for measures to prevent, eliminate (reduce) the level of identified corruption risks.
The report text is provided for review to the employees of the Legal Entity and may also be published on the Legal Entity's website.
8. If, during corruption risk assessment activities, the Authorized Person detects a violation of the Anti-Corruption Program, the commission of a corruption-related offense, they initiate an internal investigation before the head in accordance with the procedure outlined in Section XV of the Anti-Corruption Program.
9. The Legal Entity must undergo an external corruption risk assessment at least once every three years, conducted by organizations providing audit, legal, or consulting services, or independent experts.
10. Based on the review of the internal and/or external corruption risk assessment report, the head, founders (participants) take the necessary measures to prevent, detect, and counteract corruption in the activities of the Legal Entity, including by amending existing anti-corruption standards and procedures.
3. Description of Anti-Corruption Standards and Procedures in the Activities of the Legal Entity
1. To establish an appropriate level of anti-corruption culture, the Authorized Person conducts mandatory introductory familiarization with the provisions of the Law, the Anti-Corruption Program, and related documents for new employees and other persons acting on behalf of the Legal Entity.
2. The provisions on mandatory compliance with the Anti-Corruption Program are included in the internal labor regulations of the Legal Entity, regulations on structural divisions, all employment contracts, and may also be included in contracts concluded by the Legal Entity.
Sample forms of anti-corruption clauses are developed by the Authorized Person, taking into account the areas of the Legal Entity's activities.
3. Business partners of the Legal Entity are selected based on criteria ensuring transparency, competitiveness, quality of goods, works, and services, and reliability.
4. The criteria and procedures for selecting business partners for different areas of the Legal Entity’s activities are developed by the Authorized Person and approved by the head.
5. The Authorized Person conducts an anti-corruption check of existing or potential business partners of the Legal Entity to assess corruption risks. In doing so, the Authorized Person verifies whether the business partner has a reputation associated with corruption (even in the absence of relevant court decisions) and whether the business partner could be used as an intermediary for transferring or receiving undue advantages from third parties.
The anti-corruption check is carried out in accordance with the Anti-Corruption Program and standards for different areas of the Legal Entity’s activities, which are developed and approved by the Authorized Person. Check materials are stored for at least five years.
Based on the results of the business partner’s anti-corruption check, the Authorized Person issues a written recommendation to the head.
In case of a negative recommendation from the Authorized Person, the head must make a reasoned decision regarding the continuation or initiation of legal relations with such a business partner.
6. The Legal Entity (if there are no legal prohibitions) may engage in charitable activities only after the Authorized Person concludes that there are no corruption risks.
The Authorized Person issues a conclusion within 10 days after receiving all documents related to the specified contributions or charitable activities and submits it to the head.
As a general rule, the charitable activities of the Legal Entity (if not legally prohibited) should be carried out only through charitable organizations in accordance with the law.
7. The Legal Entity is not allowed to engage in charitable activities if:
1) its implementation is a condition for concluding any contract, making a decision by a government authority, local self-government body, or is carried out to gain business advantages;
2) a business partner or a government authority, local self-government body insists on carrying out a specific type of charitable activity through a particular charitable organization.
The Authorized Person maintains a register of contributions made by the Legal Entity for charitable activities. Data in this register must be kept for at least five years.
8. To enable employees of the Legal Entity to report violations of the Anti-Corruption Program, the commission of corruption-related offenses, or corruption itself (hereinafter - reports), the Authorized Person places relevant information on information boards within the Legal Entity's premises and on its official website (lisozahyst.org.ua). Such information must include:
the phone number for reporting (057) 745-66-75;
the email address for reporting - valkir1724@gmail.com
the reception hours of the person authorized to receive oral and written reports: from 08:00 to 12:00 daily (except weekends and public holidays).
The Authorized Person develops a standard reporting form.
The Authorized Person maintains a register of reports on violations of the Anti-Corruption Program or indications of corruption-related offenses.
IV. Professional Ethics Standards for Employees of the Legal Entity
1. Employees of the Legal Entity must strictly adhere to generally recognized ethical behavior norms while performing their duties.
2. Employees of the Legal Entity must show tolerance and respect for the political views, ideological beliefs, and religious convictions of others and refrain from using their authority in favor of political parties and/or politicians.
3. Employees of the Legal Entity must act objectively, regardless of personal interests, relationships, political views, ideological, religious, or other personal beliefs or convictions.
4. Employees of the Legal Entity must perform their duties diligently, competently, timely, effectively, and responsibly, comply with decisions and instructions from authorities and officials to whom they are accountable or subordinate, and avoid misuse and inefficient use of the Legal Entity's funds and assets.
5. Employees of the Legal Entity must not disclose or use confidential information obtained in the course of their duties, except as required by law.
6. Employees of the Legal Entity must refrain from executing decisions or instructions from the Legal Entity’s management if they pose a threat to legally protected rights, freedoms, or interests of individuals, legal entities, or public interests, or if they contradict the law.
7. Employees of the Legal Entity must independently assess the legality of the decisions or instructions given by management and the potential harm that could result from executing such decisions or instructions.
In cases where an employee believes a decision or instruction to be illegal or to pose a threat to legally protected rights, freedoms, or interests of individuals, legal entities, or the public, they must immediately notify in writing their direct supervisor, the head of the Legal Entity, its founders (participants), or the Authorized Person.
Plan of Measures for Prevention and Counteraction of Corruption for 2020
Law of Ukraine "On Prevention of Corruption"
Declarations on Property, Income, Expenses, and Financial Liabilities
Program of Measures to Eliminate Corruption Risks for 2020
ANTI-CORRUPTION STRATEGY FOR 2021-2025
Anti-Corruption Program of the State Agency of Forest Resources of Ukraine for 2024-2026