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                                                                                                        APPROVED
                                                                                                        Order of the State Enterprise

                                                                                                        "45 Experimental Machinery Plant"

                                                                                                         No. 109 of August 2, 2021

 



ANTI-CORRUPTION PROGRAM


OF THE STATE ENTERPRISE

"45 EXPERIMENTAL MACHINERY PLANT"

for 2021-2022










VINNYTSIA

 

 

 

CONTENTS


I. General provisions

ІІ. Sphere of application and scope of the persons responsible for implementation of the Anti-Corruption Program

III. Anti-Corruption measures in the activities of the Company

IV. Professional ethic standards of the employees

V. Rights and responsibilities of the officials and employees (except for the Anti-Corruption Authorized Representative)

VI. Rights and responsibilities of the Anti-Corruption Authorized Representative

VII. Procedure for reporting of the Authorized Representative to the Company

VIII. Procedure for supervision and control over compliance with the Anti-Corruption Program, as well as evaluation of the results of implementation of the measures provided by it

IX. Conditions for confidentiality of informing the Authorized Representative by the employees about the facts of violations of the anti-corruption requirements

X. Procedure for protecting the employees who report information about corruption or corruption-related offenses

XI. Settlement of the conflict of interests in the activities of the employees of the Company

XII. Procedure for providing explanations and consultations to the employees by the Authorized Representative

XIII. Procedure for periodic advanced training of the employees in the field of prevention and detection of corruption in the Company

XIV. Application of disciplinary measures to the employees who violate the provisions of the Anti-Corruption Program

XV. Procedure for conducting the internal investigations

XVI. Procedure for making changes to the Anti-Corruption Program



 

PREAMBLE

With this Anti-Corruption Program, the State Enterprise "45 Experimental Machinery Plant" (hereinafter referred to as the Company) declares that its employees, officials, in their internal activities, as well as in the legal relations with the business partners, public authorities, local governments, are guided by the principle of “zero tolerance” to any manifestations of corruption and will take all measures provided by the law to prevent, detect and combat corruption and related actions (practices).

 

I. GENERAL PROVISIONS

1. The Anti-Corruption Program is a set of rules, standards and procedures for detecting, combating and preventing corruption in the activities of the Company.

2. The Anti-Corruption Program sets standards and requirements not lower than those provided by the Law of Ukraine "On Prevention of Corruption" (hereinafter referred to as the Law) and the Standard Anti-Corruption Program approved by the decision of the National Agency for Prevention of Corruption.

3. Terms in the Anti-Corruption Program are used in the meanings given in the Law.

4. The Anti-Corruption Program is approved by the order of the Director of the Company after its discussion with the employees and officials of the Company.

5. The text of the Anti-Corruption Program is in constant free access for the employees of the Company, as well as for their business partners in electronic form on the website of the Company.
 

ІІ. SPHERE OF APPLICATION AND SCOPE OF THE PERSONS RESPONSIBLE FOR IMPLEMENTATION OF THE ANTI-CORRUPTION PROGRAM.

1. The Anti-Corruption Program is obligatory for execution by all employees of the Company, including officials of all levels, the Chief, as well as for all business entities (branches, divisions) over which it exercises control.

2. The Anti-Corruption Program is also applied by the Company in its legal relations with the business partners, including public authorities and local governments.

3. Implementation of the measures to perform (conduct) the Anti-Corruption Program within their powers is carried out by:

1) Director of the Company (hereinafter referred to as the Chief);

2) Official of the Company responsible for implementation of the Anti-Corruption Program (hereinafter referred to as the Authorized Representative), the legal status of which is determined by the Law and the Anti-Corruption Program;

3) Officials of the Company of all levels and other employees of the Company (hereinafter referred to as the employees).


III. ANTI-CORRUPTION MEASURES IN THE ACTIVITIES OF THE COMPANY

1. List of anti-corruption measures in the activities of the Company

1. The Company ensures development and implementation of the measures that are necessary and sufficient to prevent, detect and combat corruption in its activities.

2. Anti-corruption measures include:

1) periodic assessment of the corruption risks in the Company's activities;

2) anti-corruption standards and procedures in the activities of the Company.

3. The main anti-corruption standards and procedures of the Company include:

1) acquainting new employees with the content of the Anti-Corruption Program, conducting training events on preventing and combating corruption;

2) anti-corruption inspection of the business partners;

3) provisions on mandatory compliance with the Anti-Corruption Program;

4) criteria for selecting the business partners of the Company;

5) restrictions on the Company's support of the political parties, charitable activities;

6) mechanism of notification on detection the signs of violation of the Anti-Corruption Program, signs of committing corruption or corruption-related offense, as well as confidentiality of such reports and protection of whistle-blowers;

7) implementation of the functions related to prevention of corruption by the Department for Prevention and Counteraction of Corruption and the employees;

8) procedure for consideration of whistle-blowers' reports, including internal investigation and imposition of the disciplinary sanctions;

9) professional ethic standards and duties and prohibitions for the employees;

10) mechanisms for preventing and resolving conflicts of interest;

11) restrictions on gifts;

12) supervision and control over compliance with the requirements of the Anti-Corruption Program.
2. Periodic assessment of the corruption risks in the Company's activities

1. The Company at least once a year carries out the internal assessment of the corruption risks in the activities making the corresponding Report.

2. The corruption risk is the reasonable probability of occurrence of corruption or corruption-related offense or violation of the requirements of the Anti-Corruption Program.

3. Assessment of the corruption risks of the Company is carried out by the Commission on assessment of the corruption risks (hereinafter referred to as the Commission).

The procedure and composition of the Commission are approved by the Chief.
The Commission consists of the Authorized Representative (Chairman of the Commission), Chiefs of the structural subdivisions of the Company, as well as other employees appointed by the Chief by the agreement with the Authorized Representative.

Other employees of the Company, as well as independent experts or specialists may be involved in the work of the Commission during assessment of the corruption risks at the initiative of the Authorized Representative.

The Authorized Representative, in order to avoid the conflicts of interest or bias in the work of the Commission, when allocating functions among the members of the Commission takes into account the scope of their official duties at the Company.

4. The purpose of the Commission's activities is to prevent, identify and eliminate the corruption risks in the activities of the Chief and employees of the Company.

5. The corruption risks in the Company's activities are divided into internal and external.

Internal corruption risks are identified in the organizational and managerial, financial and economic, personnel, legal procedures of the Company.

External corruption risks are identified in the activities of the business partners, including public authorities, local governments, with which the Company is in business relations.

6. Based on the results of identification of the corruption risks by the Commission in accordance with the procedure of its activities, their definition, description and classification by the categories and types is carried out.

7. Based on the results of the assessment of the corruption risks in the activities of the Company, the Commission prepares a written report, which is signed by the members of the Commission.
The report is compiled according to the form and structure determined in the order of the Commission's activities.

The report on the results of the corruption risk assessment shall be submitted to the Chief of the Company and shall contain the following:

1) identified corruption risks, as well as the reasons that give rise to them and the conditions that contribute to them;

2) assessment of the identified corruption risks;

3) offers for measures to prevent, eliminate (reduce) the level of the identified corruption risks.
The text of the report is provided for the information of the Company's employees and can also be published on the Company's website.

8. If during the measures of assessment the corruption risks the Authorized Representative finds the fact of violation of the Anti-Corruption Program, committing corruption or corruption-related offense, he initiates an internal investigation informing the Chief in the manner prescribed by the Anti-Corruption Program of the Company.

9. The Company must at least once every 3 years undergo the external assessment of the corruption risks, conducted by the organizations that provide audit, legal or consulting services, or independent experts.

10. Based on the results of the report on internal and/or external assessment of the corruption risks, the Chief takes the necessary measures to prevent, detect and combat corruption in the activities of the Company, including by changing existing anti-corruption standards and procedures.
3. Description of the anti-corruption standards and procedures of the Company.

1. In order to form an appropriate level of anti-corruption culture, the Authorized Representative conducts the obligatory introduction with the provisions of the Law, the Anti-Corruption Program and related documents for new employees, as well as other persons acting on behalf of the Company.

2. The provisions on the obligation to comply with the Anti-Corruption Program are included in the rules of the internal labor regulations of the Company, regulations on the structural units, all employment contracts, and may also be included in the contracts concluded by the Company.

Exemplary forms of the anti-corruption reservations are developed by the Authorized Representative taking into account the areas of activities of the Company.

3. Business partners of the Company are selected according to the criteria based on transparency, competitiveness, quality of goods, works and services and reliability.

4. Criteria and procedures for selection of the business partners for various spheres of activities of the Company are developed by the Authorized Representative and approved by the Chief.

5. The Authorized Representative conducts the anti-corruption inspection of the existing or potential business partners of the Company in order to assess the presence of the corruption risks. At the same time, the Authorized Representative checks whether the business partner has the reputation of an entity whose activities are related to corruption (even in the absence of the relevant court decisions), and whether the business partner will be used as an intermediary for transfer of improper advantage to third parties (or for its receipt from third parties).

The anti-corruption audit is carried out in accordance with the requirements of the Anti-Corruption Program, as well as the standards for various areas of activities of the Company, which are developed and approved by the Authorized Representative. The inspection materials are stored for at least 5 years.

Based on the results of the anti-corruption inspection of the business partner of the Company, the Authorized Representative makes a written recommendation to the Chief.

In case of the negative recommendation of the Authorized Representative, the Chief must make a reasoned decision on this issue in order to continue or start legal relationship with such business partner.

6. The Authorized Representative takes measures to prevent the Company from making contributions to support the political parties, as well as charitable activities in accordance with the current legislation of Ukraine, as the Company is a legal entity under the public law (Law of Ukraine on Political Parties in Ukraine and Law of Ukraine on Charitable Activities and Charitable organizations);

The charitable activities of the Company, as a general rule, should be carried out (in the absence of prohibitions established by the law) only through the charitable organizations in accordance with the law.

7. In order to inform the employees of the Company about the facts of violation of the Anti-Corruption Program, committing of corruption or corruption-related offenses (hereinafter referred to as the notification), the Authorized Representative places relevant information on information stands in the Company's premises and on the official website of the Company. Such information must include the following:

- phone number for making messages +380637368685

- e-mail address for making messages syhuna.1964@ukr.net

- reception hours of the person authorized to receive oral and written notifications: 7.45 – 16.30.

The message is submitted in any form (written, oral, anonymous).

The Authorized Representative maintains a register of the reports of violations of the Anti-Corruption Program or signs of corruption or corruption-related offenses. The procedure for maintaining the relevant register shall be approved by the Chief upon submission of the Authorized Representative.

The terms and procedure for consideration of the reports on violations of the Anti-Corruption Program, committing of corruption or corruption-related offenses shall be established in the regulations approved by the Chief upon submission of the Authorized Representative.




IV. PROFESSIONAL ETHIC STANDARDS OF THE EMPLOYEES

1. The employees of the Company in the performance of their functional duties are obliged to strictly adhere to the generally accepted ethical standards of conduct or the requirements of the Code of Ethics of the Company.

2. The employees of the Company are tolerant and respectful of the political views, ideological and religious beliefs of others, and undertake not to use their powers in the interests of the political parties and/or politicians.

3. The employees of the Company act objectively, regardless of the personal interests, personal attitude to any person, their political views, ideological, religious or other personal views or beliefs.

4. The employees of the Company honestly, competently, timely, effectively and responsibly perform the functional duties, decisions and instructions of the bodies and officials to whom they are subordinated, accountable or controlled, as well as prevent abuse and inefficient use of the funds and property of the Company.

5. The employees of the Company do not disclose or use in any other way the confidential information that became known to them in connection with performance of their duties, except as provided by the law.

6. The employees of the Company, regardless of the personal interests, abstain from implementing the decisions or instructions of the Company's management if they constitute a threat to the rights, freedoms or interests of individuals, legal entities, state or public interests or contrary to the law.

7. The employees of the Company independently assess the legality of the decisions or instructions provided by the management and the possible damage that will be caused in case of execution of such decisions or instructions.

In case of receiving decisions or instructions for execution, which the employee of the Company considers illegal or threatening the legally protected rights, freedoms or interests of individual citizens, legal entities, state or public interests, he must without delay notify the immediate supervisor in writing, or the Chief of the Company and the Authorized Representative.


V. RIGHTS AND RESPONSIBILITIES OF THE OFFICIALS AND EMPLOYEES
(EXCEPT FOR THE AUTHORIZED REPRESENTATIVE) OF THE COMPANY

1. The Chief, officials, employees and other persons acting on behalf of the Company have the right to:

1) provide offers for improving the Anti-Corruption Program;

2) apply to the Authorized Representative for consultations on implementation of the Anti-Corruption Program and clarifications on its provisions.

2. The Chief, officials, employees of the Company are obliged to:

1) comply with the relevant requirements of the Law, the Anti-Corruption Program and related internal documents, as well as ensure the practical implementation of the Anti-Corruption Program;
2) perform their direct duties taking into account the interests of the Company;

3) immediately inform the Authorized Representative, the Chief of the Company about the cases of violation of the Anti-Corruption Program (or about the cases of incitement to such actions), committing of corruption or corruption-related offenses by other employees of the Company or other individuals or legal entities with which the Company is or plans to be in business relations;

4) immediately inform in the manner prescribed by the Anti-Corruption Program about occurrence of a real, potential conflict of interest;

5) abstain from the behavior that may be regarded as willingness to commit corruption offense related to the activities of the Company;

6) not to commit and not to participate in committing of the corruption offenses related to the activities of the Company.

3. Employees and the Chief of the Company are prohibited to:

1) use their official powers or their position and related opportunities in order to obtain illegal benefits for themselves or others;

2) use any property of the Company or its funds in the private interests;

3) demand or receive any tangible or intangible benefit (for themselves or for family member) in connection with performance of their official duties, which is not provided by the employment or other agreement between them and the Company;

4) organize, be an intermediary or personally make any cash or non-cash payments or settlements with the business partners of the Company, if such payments or settlements are not provided by the applicable law;

5) influence directly or indirectly on the decisions of the employees of the Company in order to obtain any tangible or intangible benefit for themselves or for family member, which is not provided by the employment or other agreement between them and the Company;

6) commit any actions that directly or indirectly incite other employees, the Chief of the Company to violate the requirements of the Law or the Anti-Corruption Program.

4. After dismissal or other termination of cooperation with the Company, a person is prohibited to disclose or otherwise use in his interests information (confidential) that became known to him in connection with performance of his powers, contractual obligations, except as provided by the law.

5. Extortion, requests, receipt of the gifts for themselves or third parties from the legal entities or individuals by the employees, the Chief of the Company (directly or through other persons) in connection with exercise of their powers or their position and related opportunities are not allowed.

Employees and the Chief may accept gifts that comply with generally accepted notions of hospitality (for example, gifts in the form of souvenirs, food and beverages, invitations to entertainment events, reimbursement of transportation and hotel accommodation), except as provided in paragraph 5 of this section. (Gifts received by the Chief or employees as gifts to state or municipal enterprises, institutions or organizations, respectively, are state or municipal property and transferred to the body, enterprise, institution or organization in the manner prescribed by the resolution of the Cabinet of Ministers of Ukraine No. 1195 of November 16, 2011 "On approval of the Procedure for Transfer of Gifts Received as Gifts to the State, the Autonomous Republic of Crimea, Territorial Community, State or Municipal Institutions or Organizations").

The restriction on the value of the gifts provided for in this paragraph shall not apply to the gifts which:

- are presented by the family members

- are received as public discounts on the goods, services, public winnings, prizes, benefits, bonuses. In case of detection of a gift in respect of which there is a ban on its receipt in the office, as well as in case of receipt of a gift offer, the employees, the Chief of the Company must immediately, but not later than one working day, take the following measures:

- refuse the offer;

- if possible, identify the person who made the offer;

- involve witnesses, if possible, including employees of the Company;

- notify the Authorized Representative and the immediate Chief (if any) or the Chief of the Company in writing about the offer.

An act shall be drawn up on the discovery of the property that may be an illegal benefit or gift, which shall be signed by the person who discovered the illegal benefit or gift, and by the Authorized Representative or his immediate Chief or the Chief of the Company.

If the property, which may be an illegal benefit, or a gift is discovered by a person who is the Chief of the Company or the Authorized Representative, the act of discovery of such property is signed by this person or the person authorized to perform the duties of the Chief of the Company.

6. The employees, the Chief, as well as persons acting on behalf of the Company shall abstain from offering the gifts to civil servants, people's deputies of Ukraine, deputies of the local councils, their family member, actual or potential business partners, their employees or representatives, as well as from any other behavior that can be regarded as willingness to commit corruption offense related to the activities of the Company.

Gifts may be permitted in cases if they comply with generally accepted notions of hospitality and their value does not exceed the statutory amount.

The general policy of the Company concerning offers of gifts on behalf of the Legal entity within the limits of generally accepted representations about hospitality is defined by the Chief taking into account the requirements of the legislation.

7. The employees and the Chief of the Company shall notify the Authorized Representative in writing of each fact of offering a gift or receiving a gift within the framework of generally accepted notions of hospitality within one working day in the form established by him.

 

VI. RIGHTS AND RESPONSIBILITIES OF THE AUTHORIZED REPRESENTATIVE.

1. The Authorized Representative of the Company is appointed by the Director of the Company according to the labor legislation, constituent documents of the Company.

2. The Authorized Representative may be a natural person who is able to perform the relevant duties due to his business and moral qualities, professional level, state of health.

3. A person may not be appointed to the position of the Authorized Representative in the presence of the circumstances specified in part three of Article 64 of the Law.

4. Incompatible with the activities of the Authorized Representative is work in the positions specified in paragraph 1 of part 1 of Article 3 of the Law, as well as any other activities that create a real or potential conflict of interest with the activities of the Company. In case of incompatibility, the Authorized Representative within two days from the date of such circumstances is obliged to notify the Chief of the Company with the simultaneous submission of an application for termination of the employment contract on its own initiative.

5. The Authorized Representative may be dismissed earlier in the cases provided for in part five of Article 64 of the Law. The Authorized Representative may be dismissed on the initiative of the Chief of the Company with the consent of the National Agency for Prevention of Corruption. The procedure for granting such consent was approved by the decision of the National Agency for Prevention of Corruption No. 74 of October 7, 2016, registered with the Ministry of Justice of Ukraine under No. 1542/29672 on November 28, 2016.

6. The Chief of the Company shall notify the National Agency for Prevention of Corruption in writing of the dismissal of a person from the position of the Authorized Representative within two working days and shall ensure the immediate submission of a new candidate for the specified position.
7. The main tasks of the Authorized Representative are to prepare and ensure implementation and control over implementation of the measures to prevent, combat and detect corruption in the Company.

8. The Authorized Representative exercises his rights and responsibilities directly. The Authorized Representative may involve (with the consent of the Chief) other employees of the Company to the performance of his functions.

9. Exercising of the Authorized Representative's functions in the Company is independent. Interference in the activities of the Authorized Representative by the employees, founders, Chief, business partners of the Company, as well as other persons is prohibited. It is prohibited to impose duties on the Authorized Representative that do not belong to or go beyond his powers, defined by the Law and the Anti-Corruption Program, or limit the performance of his powers.

10. Officials, the Chief of the Company are obliged to:

1) provide the Authorized Representative with the appropriate material and organizational working conditions;

2) facilitate the performance by the Authorized Representative of the functions provided by the Law and the Anti-Corruption Program;

3) promptly respond to the written and oral appeals, proposals and recommendations of the Authorized Representative provided by him within the framework of the Anti-Corruption Program;

4) at the initiative of the Authorized Representative send requests to the public authorities, local governments, enterprises, institutions and organizations, regardless of ownership, in order to obtain from them the relevant information and materials necessary to perform the tasks assigned to the Authorized Representative.

11. The Authorized Representative for the performance of the tasks assigned to him is obliged to:

1) perform his functions objectively and impartially;

2) organize preparation of the internal documents of the Company on the formation and implementation of the Anti-Corruption Program;

3) develop and submit the internal documents of the Company for approval to the Chief on the issues provided by the Anti-Corruption Program;

4) ensure supervision, control and monitoring of compliance by the employees, the Chief of the Company with the Law and the Anti-Corruption Program;

5) evaluate the results of implementation of the measures provided by the Anti-Corruption Program;
6) ensure preparation of the report on the status of implementation of the Anti-Corruption Program;
7) ensure cooperation with the persons who in good faith report of the possible violations of the Anti-Corruption Program, committing corruption or corruption-related offenses;

8) ensure preparation and submission to the Chief of the offers for the plan of inspections of compliance with the requirements of the Anti-Corruption Program;

9) participate in conducting inspections and internal investigations conducted in accordance with the Anti-Corruption Program;

10) participate in the periodic assessment of the corruption risks in the activities of the Company;
11) ensure the formation and maintenance of the registers (if any) of:

- the employees of the Company prosecuted for violating the requirements of the Anti-Corruption Program, committing corruption offense or corruption-related offense;

- the contributions made by the Company in support of the political parties and charitable activities;
- the conducted anti-corruption inspections in accordance with the Anti-Corruption Program; conducted internal investigations and inspections in accordance with the Anti-Corruption Program;

- the reports of the conflict of interest and violation of the requirements of the Anti-Corruption Program, committing of corruption offense or corruption-related offense;

12) organize and conduct anti-corruption inspection of the Company's business partners;

13) ensure the confidentiality of information and protection of the employees who report of the violations of the Anti-Corruption Program, committing of corruption or corruption-related offense;

14) provide the employees of the Company with explanations and consultations related to application of the Anti-Corruption Program;

15) provide information to the public about the measures taken by the Company to prevent corruption;
16) participate in cooperation with the state authorities, local governments, other legal entities, non-governmental and/or international organizations on prevention of corruption;

17) organize activities to improve the skills of the employees of the Company on the issues related to the prevention of corruption;

18) participate in the procedures of personnel selection of the Company;

19) ensure interaction and coordination between the structural units of the Company for preparation, implementation and control over implementation of the measures for implementation of the Anti-Corruption Program;

20) perform other duties provided by the Law, the Anti-Corruption Program, the employment contract.

12. The Authorized Representative for performance of the tasks assigned to him has the right to:

1) receive written and oral explanations from the employees, the Chief of the Company on the issues related to his powers (including during the periodic assessment of the corruption risks, anti-corruption inspections of the business partners, inspections, internal investigations and expertise);
2) receive information and materials (certified copies of the financial, accounting and legal documents, internal official correspondence) from the Company's divisions regarding the Company's activities, including documents related to conducting (or participating in) procurement of the goods, works or services, tenders, etc.

If necessary, the Authorized Representative shall be granted access to the original documents, copies of which have been submitted to him. In cases of inexpediency of making a significant number of the copies of the documents, the Authorized Representative may, by decision of the Chief of the unit, submit the originals of the relevant documents, which must be returned within 30 working days from the date of completion of the event for which they were requested;

3) receive drafts of the financial, organizational and administrative documents, agreements for their inspection for the presence of the corruption risks;

4) gain access to the warehouses, production facilities of the Legal Entity, carrying out the control measures there;

5) gain access to the electronic means of the data storage and processing available at the Company and, if necessary, require registration of the relevant data on the certified paper medium;

6) involve the employees of the Company for performance of the functions with the consent of the Chief;

7) initiate inquiries to the public authorities, local governments, enterprises, institutions, organizations of all forms of ownership to obtain information and materials related to the activities of the Company from them;

8) initiate the issue of bringing the employees and the Chief to responsibility, including dismissal from the positions in accordance with the law;

9) apply to the founders (participants), the Chief on implementation of the own powers and responsibilities in accordance with the provisions of the Anti-Corruption Program;

10) exercise other rights provided by the Law, the Anti-Corruption Program, the employment contract and job description.


VII. PROCEDURE FOR REPORTING OF THE AUTHORIZED REPRESENTATIVE TO THE COMPANY

1. The Authorized Representative prepares a report on the results of implementation of the Anti-Corruption Program at least once a year within the terms and in the manner specified by the Chief (hereinafter referred to as the Report).

2. The report shall include the information on the following:

1) the status of implementation of the measures defined by the Anti-Corruption Program;

2) the results of implementation of the measures identified by the Anti-Corruption Program;

3) the identified violations of the requirements of the Law, the Anti-Corruption Program and the measures taken to eliminate such violations;

4) the number and results of inspections and internal investigations;

5) the facts of hindrance of the proper performance of the Authorized Representative's functions, establishment of unjustified restrictions for him, cases of interference in his activities by third parties;
6) the available offers and recommendations.

3. If necessary, the content of the submitted Report is additionally discussed by the Authorized Representative with the Chief of the Company.

4. The general results of implementation of the Anti-Corruption Program, specified in sub-items 1, 2 of item 2 of this section of the Anti-Corruption Program, shall be posted in the public domain in paper and/or electronic form, as well as on the Company's website.


VIII. PROCEDURE FOR SUPERVISION AND CONTROL OVER COMPLIANCE WITH THE ANTI-CORRUPTION PROGRAM, AS WELL AS EVALUATION OF THE RESULTS OF IMPLEMENTATION OF THE MEASURES PROVIDED BY IT

1. The Authorized Representative exercises supervision and constant control over observance by the employees, the Chief of the Company of the Anti-Corruption Program.

2. Supervision and control over observance of the Anti-Corruption Program is carried out by the Authorized Representative in the following forms:

1) consideration and response to the reports of violations of the Anti-Corruption Program, committing corruption or corruption-related offenses;

2) carrying out the scheduled and unscheduled inspections of the activities of the employees of the Company for implementation of the Anti-Corruption Program;

3) examination of the organizational and administrative, legal, production and financial documents, as well as their projects.

3. If during supervision or control over observance of the Anti-Corruption Program the Authorized Representative finds signs of violation of the Anti-Corruption Program or signs of committing corruption or corruption-related offense, he shall initiate the internal investigation informing the Chief in accordance with section XV of the Anti-Corruption Program.

4. The Authorized Representative shall ensure implementation of the evaluation of the results of the measures provided by the Anti-Corruption Program.

To carry out the assessment, the Authorized Representative has the right to receive in writing the relevant information from the employees, the Chief of the Company on the results of implementation of the relevant measures.

The results of the evaluation are summarized by the Authorized Representative in the written report, which he prepares at least once every six months and submits to the Chief and founders. The assessment is carried out according to the criteria determined by the Authorized Representative.

 

IX. CONDITIONS OF CONFIDENTIALITY OF INFORMING THE AUTHORIZED REPRESENTATIVE BY THE EMPLOYEES ABOUT THE FACTS OF VIOLATION OF THE ANTI-CORRUPTION REQUIREMENTS

1. The employees of the Company are guaranteed the confidentiality of their notifications to the founders (participants), the Chief or Authorized Representative about the detected signs of the violations of the Anti-Corruption Program, corruption or corruption-related offenses in the activities of other employees of the Company and reports of incitement to corruption or corruption-related offenses.
2. Notices of the detected signs of violations of the Anti-Corruption Program, as well as reports of incitement of the employees of the Company to commit corruption or corruption-related offenses may be made orally or in writing, through communication channels specified in the Anti-Corruption Program. Notifications may also be made by the employees and officials of the Company's business partners.

The Chief ensures round-the-clock operation of these communication channels and their protection from external interference and information leakage.

3. Submission of the designedly inveracious messages is not allowed.

4. Notifications of the employees of the Company about detection of the signs of corruption or corruption-related offenses may be anonymous.

The anonymous notification of the signs of corruption or corruption-related offenses may be considered only if the information provided in it relates to the specific employee of the Company or business partners of the Company and contains factual data that can be verified.

5. Verification of the information set forth in the notification shall be carried out by the Authorized Representative, and if the notification concerns the actions of the Authorized Representative himself - by the employee designated by the Director.

6. Any data that makes it possible to identify the person who informed the Authorized Representative about the facts of incitement to commit corruption or corruption-related offense or to identify the signs of violation of the Anti-Corruption Program, employees or other persons committing corruption or corruption-related offenses, belong to the confidential information and are protected by the law.

The Authorized Representative and the persons involved in verification of the information contained in the notification shall not have the right to disclose it.


X. PROCEDURES FOR PROTECTION OF THE EMPLOYEES WHO HAVE REPORTED INFORMATION ABOUT CORRUPTION OR CORRUPTION-RELATED OFFENSES.

1. The Chief and/or the Authorized Representative shall, within the limits of their powers, provide conditions for protection of the persons who provide assistance in preventing, detecting and combating corruption in the Company.

2. Information on the employee who has reported of the signs of violation of the requirements of the Anti-Corruption Program, detection of the signs of corruption or corruption-related offenses (hereinafter referred to as the whistle-blower), may not be disclosed, except as provided by the law.

3. The whistle-blower may not be dismissed or forced to be dismissed, disciplined or subjected by management to other negative measures (transfer, certification, change of working conditions, refusal to appoint to a higher position, reduction of salary, etc.) or the threat of such measures influence in connection with his notification of violation of the requirements of anti-corruption legislation and/or the requirements of the Anti-Corruption Program.

4. In case of leakage of the confidential information about the whistle-blower, the Chief of the Company, the Authorized Representative at the request of such employee or on his own initiative must immediately take all measures to avoid negative consequences for the whistle-blower associated with such disclosure.

5. The measures to protect the whistle-blower shall be determined by the Director together with the Authorized Representative and shall be implemented with the written consent of the employee.


XI. SETTLEMENT OF THE CONFLICT OF INTEREST IN THE ACTIVITIES OF THE EMPLOYEES OF THE COMPANY

1. The employees of the Company are obliged not later than the next working day from the date when they learned or should have learned about existence of a real or potential conflict of interest, notify their immediate supervisor in writing, do not take action or make decisions in a real conflict interests and take measures to resolve actual or potential conflicts of interest.

In the event of a real or potential conflict of interest, the Chief of the Company shall notify the Authorized Representative in writing.

In the event of a real or potential conflict of interest, the Authorized Representative shall notify the Chief in writing.

2. The immediate supervisor of the person within two working days after receiving the notification of the presence of the real or potential conflict of interest by the subordinate person decides on how to resolve the conflict of interest, and notifies the employee.

The immediate supervisor, who became aware of the conflict of interest of his subordinate, is obliged to take statutory measures to prevent and resolve conflicts of interest (including in case of self-discovery of the conflict of interest by his subordinate without notice).

3. Settlement of the conflict of interest shall be resolved through one of the following measures:
1) removal of the employee from the task, action, decision-making or participation in its adoption;
2) establishment of the additional control over the employee's performance of the relevant task, performance of the certain actions or decisions;

3) restrictions on the employee's access to the certain information;

4) review of the scope of functional responsibilities of the employee;

5) transfer of the employee to another position;

6) dismissal of the employee.

The procedure for applying measures to resolve the conflict of interest and its features for the different categories of the employees of the Company shall be established by the Authorized Representative with the consent of the Director.

4. The employees of the Company may independently take measures to resolve conflicts of interest by depriving the relevant private interest by way of providing the supporting documents to the immediate supervisor and the Authorized Representative. Deprivation of the private interest must preclude any possibility of concealment.

 

XII. PROCEDURE FOR PROVIDING EXPLANATIONS AND

CONSULTATIONS TO THE EMPLOYEES.

1. If there are any questions regarding interpretation of the certain provisions of the Anti-Corruption Program, the founders (participants), the Chief, the employees of the Company may apply to the Authorized Representative for oral or written explanation.

2. The essence of the request for clarification or consultation shall be stated directly to the Authorized Representative or by sending an administrative note to his name or sending a written request to his e-mail address in any form.

3. The Authorized Representative shall provide an oral explanation or in writing - no later than within 10 working days from the date of receipt of the request.

The Authorized Representative may extend the term of consideration of the appeal, but not more than for 5 working days, of which he shall inform in writing the person who has applied for clarification.
4. If during clarification the Authorized Representative finds the signs of violation of the Anti-Corruption Program or signs of committing corruption or corruption-related offense, he shall initiate the internal investigation informing the Chief in accordance with section XV of the Anti-Corruption Program.


XIII. PROCEDURE FOR PERIODIC ADVANCED TRAINING OF THE EMPLOYEES IN THE FIELD OF PREVENTION AND DETECTION OF CORRUPTION IN THE COMPANY

1. Advanced training of the employees of the Company in the field of prevention and detection of corruption is carried out in order to provide basic knowledge on anti-corruption legislation, increase compliance with the Anti-Corruption Program, formation of anti-corruption culture and education intolerance of corruption.

2. Advanced training is carried out in accordance with the thematic plan-schedule approved by the Chief of the Company for each half-year, which is prepared by the Authorized Representative.
Advanced training should include both measures for all employees of the Company and individual measures for the Chief of the Company.

Topics and form of the events (seminars, lectures, workshops, trainings, webinars, etc.) on the advanced training are determined by the Authorized Representative taking into account the following:
1) offers of the Chief, the founders (participants), the Chiefs of the structural subdivisions;

2) the results of evaluation of implementation of the Anti-Corruption Program measures;

3) the results of the periodic assessment of the corruption risks in the activities of the Company;

4) the results of the internal investigations;

5) the report of the Authorized Representative to the management of the Company.

3. Accounting of the conducted measures for advanced training in the field of prevention and detection of corruption, as well as registration of those present at the events shall be carried out by the Authorized Representative.

 


XIV. APPLICATION OF DISCIPLINARY RESPONSIBILITY MEASURES TO THE EMPLOYEES WHO VIOLATE THE PROVISIONS OF THE ANTI-CORRUPTION PROGRAM

1. In the presence of information indicating the signs of violation by the employees of the requirements of the Anti-Corruption Program, the following measures shall be taken:

1) the internal investigation is appointed in accordance with the procedure established by section XV of the Anti-Corruption Program in order to confirm or refute the information about the probable violation;

2) if there are sufficient grounds for the results of the internal investigation, the Chief shall impose the disciplinary sanction in accordance with the law.

2. The disciplinary sanctions are imposed by the Chief on the employees of the Company in accordance with the statutory regulations of the legislation.


XV. PROCEDURE FOR CONDUCTING THE INTERNAL INVESTIGATIONS

1. In case of notification or detection of the signs of violation of the Anti-Corruption Program by the employee of the Company or signs of committing of corruption or corruption-related offenses by the employee of the Company, the Authorized Representative shall notify the Chief who takes measures under paragraph 2 of this section.

In case of notification or detection of the signs of violation of the Anti-Corruption Program by the Chief or signs of committing corruption or corruption-related offense, the Authorized Representative shall notify the founders who take the measures provided for in paragraph 2 of this section.
In case of receipt of the notification or discovery of the facts about committing of corruption or corruption-related offense by the Authorized Representative, violation of the Anti-Corruption Program, the Chief shall notify the founders of the Company and take measures provided for in paragraph 2 of this section.

2. Under the conditions provided for in paragraph 1 of this section, the Director shall take the following measures:

1) within 3 days to initiate the internal investigation in order to confirm or refute the information about possible violation of the Anti-Corruption Program or corruption or corruption-related offense;

2) based on the results of the internal investigation, to apply the disciplinary sanctions to the perpetrators, if there are grounds for this;

3) based on the results of the internal investigation, to identify the ways to eliminate the causes and consequences of the violation, if any, as well as provide measures to prevent such actions in the future;

4) in case of detection of the signs of corruption or corruption-related offense, for committing of which the administrative or criminal liability is provided, immediately to inform the specially authorized entities in the field of anti-corruption.

3. The internal investigation shall be conducted only in the cases where the information provided or disclosed relates to the specific persons and contains factual data that can be verified.

The internal investigation is appointed by the Director and carried out by the Commission. The procedure for conducting the internal investigations carried out in accordance with the Anti-Corruption Program shall be approved by the Director.

The Authorized Representative must be included in the Commission, except in cases when investigation is appointed as a result of revealing the facts or obtaining information about the committing of corruption or corruption-related offense by the Authorized Representative, violation of the Anti-Corruption Program.

The term of the investigation shall not exceed 30 days. The materials of the conducted internal investigations are stored in the archives of the Authorized Representative for at least 5 years.
If the results of the internal investigation impose disciplinary sanctions on the Authorized Representative, the National Agency for Prevention of Corruption shall be notified in writing within two days from the date of its imposition.

 

XVI. PROCEDURE FOR MAKING CHANGES TO THE

ANTI-CORRUPTION PROGRAM

1. The Director of the Company ensures organization of feedback mechanisms and other internal processes aimed at maintaining and continuously improving the Anti-Corruption Program.

2. The content of the Anti-Corruption Program can be revised based on the results of the following:

1) the report on assessments of the corruption risks in the activities of the Company;

2) supervision and control over observance of the Anti-Corruption Program, as well as evaluation of the results of implementation of the measures provided by it;

3) analysis of the practice of the Authorized Representative's performance of his official duties;
4) conducting by the Authorized Representative of questionnaires, discussions and consultations with the employees, the Chief of the Company, as well as with business partners of the Legal Entity on improvement of the Anti-Corruption Program.

3. The initiator of making changes to the Anti-Corruption Program may be the Authorized Representative, as well as the founders, the Chief, employees of the Company.

4. Offers for amendments to the Anti-Corruption Program shall be submitted to the Authorized Representative, who shall study and systematize them. Once a year, the Authorized Representative submits a summary of the offers for amendments to the Anti-Corruption Program that have been received to the Chief and provides his recommendations on their consideration or rejection.
Amendments to the Anti-Corruption Program may not set standards and requirements lower than those provided by the Law and the Standard Anti-Corruption Program.

5. The Chief, having received a summary of the offers for amendments to the Anti-Corruption Program from the Authorized Representative, initiates their open discussion by the staff and the founders.

In the cases where the founders or the Authorized Representative insist on the urgent introduction of the certain changes to the Anti-Corruption Program, the Chief initiates the relevant discussion as soon as possible, but not later than 10 days from the date of receipt of such offers.
6. As a result of approval of the offers by the founders and the employees (staff) of the Company, the Director by his order approves the relevant changes to the Anti-Corruption Program, which are an integral part of it.

 

CHANGE AND/OR ADDITION REGISTRATION SHEET

Version

Contents of changes or additions

Date

Drawn up

Checked

Approved