Legal support for the implementation of anti-corruption compliance in the company
In accordance with the adopted legal norms, the state is increasingly paying attention to the corruption components of various processes in the state in general and in particular, including with the participation of small and medium-sized businesses, as well as in a field that does not belong to the public sector. But, as a rule, combating corruption only for the public sector is not enough. The fight against corruption is an important task not only for the state, but also for the international community. At the same time, it is necessary to control anti-corruption processes not only by the state, but also the conscious participation of business representatives.
Article 1 of the Federal Law “On Preventing Corruption” defines corruption, which is abuse of official position, giving a bribe, receiving a bribe, abuse of authority, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties, or illegal provision of such benefits to the specified person by other individuals.
At the same time, the term “compliance” means compliance with any internal or external requirements, or norms. In this connection, anti-corruption compliance is a system of measures for the interaction of employees in a company, aimed at preventing and preventing possible corruption crimes. At the same time, it should be noted that the legal regulation in terms of combating corruption consists of the United Nations Convention against Corruption of 2003, as well as the Federal Law of December 25, 2008 No. 273-FZ “On Preventing Corruption”.
When conducting business and other activities, it must be taken into account that, in accordance with the norms of the Federal Law “On Preventing Corruption”, organizations are required to develop and take measures to prevent corruption. At the same time, measures to prevent corruption taken by the organization may include:
- Identification of departments or officials responsible for the prevention of corruption and other offenses. This measure implies the allocation in the organization of a responsible person or a group of persons who will monitor compliance with anti-corruption laws. As a rule, such a person is appointed by order of the head of the organization.
- Facilitating the work of law enforcement agencies. This measure is the interaction with law enforcement agencies upon detection or the possibility of committing a corruption offense.
- Development and implementation in practice of standards and procedures aimed at ensuring the conscientious work of the organization. Within the framework of this section, it is possible to develop standards in the organization aimed at preventing and preventing corruption offenses.
- Adoption of a code of ethics and official behavior of employees of the organization. This measure refers to the development and implementation of local documents of the organization aimed at designating the rules of conduct for company employees in order to prevent the commission of corruption offenses and compromise the company as a whole.
- Prevention and settlement of conflicts of interest. Such a measure in most companies becomes a necessary norm, so that later the existing conflict of interest does not lead to a corruption offense.
- Prevention of unofficial reporting and use of forged documents. Forgery of documents is controlled not only by anti-corruption legislation, but also by criminal law, including, at the same time, criminal liability is provided for such an offense.
- Reduction of possible risks of committing corruption offenses by the company’s employees. Employees of the organization study the topic of possible corruption offenses and, in accordance with local policy in this area, exclude the possibility of such offenses.
- Minimization of losses in connection with possible corruption offenses. The commission of corruption offenses, as a rule, can lead to adverse consequences not only for the employee of the company, but also for the organization as a whole, and the amount of the fine can be quite large for such offenses.
- Elimination of the possibility of bringing the company in general and employees of the organization in particular to liability for corruption offenses, both administrative and criminal. Prevention of corruption offenses is often cheaper for a company than prosecution for such an offense.
As a rule, the main reasons for the introduction of anti-corruption compliance in an organization are:
When forming an anti-corruption policy and implementing anti-corruption compliance in an organization, it is necessary to take into account all existing legal norms in this area. At the same time, the participation of a qualified lawyer in the formation of such documents will minimize the risks of a possible violation of anti-corruption legislation, competently prepare documents in this area of the organization's activities, and will also eliminate possible violations of such legislation by employees of the organization.
- Advising on anti-corruption issues
- Conducting an internal audit of the organization for compliance with anti-corruption laws
- Preparation of local documents of the company in terms of combating corruption
- Formation and implementation of anti-corruption compliance in the organization
- Correction of existing documents in the company, taking into account the legislation in terms of combating corruption