Drafting documents aimed at compliance with anti-corruption legislation
Organizations are obliged to develop and undertake measures to prevent corruption in accordance with applicable Russian law.
Anti-corruption measures taken by organizations may include:
• identification of departments or officials responsible for the prevention of corruption and other offenses;
• cooperation with law enforcement agencies;
• preparing and implementation of standards and procedures aimed at ensuring the proper work of the organization;
• adoption of a code of ethics and official conduct of employees of the organization;
• prevention and resolution of conflicts of interest;
• prevention of unofficial reporting and using fake documents.
These measures require the development of a number of documents at the level of local legal acts, as well as at the level of concluding labor contracts with employees of the organization and concluding agreements with third parties. These documents are designed to resolve in detail issues regarding the behavior of workers in the process of their employment, the procedure for resolving conflicts of interest, elaboration of measures to prevent violations of the requirements of anti-corruption legislation.
The guidelines for the development and adoption of measures to prevent and combat corruption by organizations establish that organizations and their employees should take into account that the rules and sanctions imposed by not only Russian but also foreign anti-corruption legislation can be applied to them, in particular:
• The anti-corruption legislation of those countries in whose territory the Russian organization carries out its activities can be applied to the Russian organization;
• In relation to a foreign organization for the commission in the territory of the Russian Federation of a corruption offense, the measures of responsibility provided for by the anti-corruption legislation of the country in which the organization is registered or with which it is otherwise connected can be applied.
Thus, it is of particular importance to clarify questions about the need for organizations to apply not only Russian anti-corruption legislation and international agreements but also foreign laws on anti-corruption. For example, laws such as the US Foreign Corrupt Practices Act, the UK Bribery Act (The UK Bribery Act 2010), whose practice is on an interstate scale.
Law firm BRACE provides legal services in the field of development and legal expertise of documents aimed at compliance with anti-corruption legislation.
BRACE Law Firm renders the following services in the specified direction:
- Drafting and legal expertise of compliance with anti-corruption legislation;
- Drafting and legal examination of the code of ethics and official conduct of employees of the organization;
- Preparation and legal support of the implementation of the conflict of interest clause;
- Legal assistance in establishing rules governing the exchange of business gifts as well as other rules of conduct for employees and the rules of their relationship with third parties, acting in the interests of the organization;
- Compliance in compliance with anti-corruption laws and internal rules;
- Drafting of employment contracts with anti-corruption conditions;
- Legal expertise of civil law contracts concluded by the organization for compliance with the requirements of anti-corruption legislation, with the preparation of relevant legal opinions.
- Drafting and legal expertise of contracts according to Russian law
- Legal protection of confidential information according to Russian law
- Legal support of foreign companies in Russia
- Preparation and alignment with the law internal policies and other local acts according to Russian law
- Legal support of online trading
- Legal support of product promotion and advertising campaigns
- Legal support of personal data protection and processing