The recommendations are contained in three main documents:
- "Measures to prevent corruption in organizations";
- "Recommendations on the Procedure for Assessing Corruption Risks in Organizations";
- "Establishing the responsibilities of employees of the organization related to the prevention of corruption, accountability, and incentives."
The new documents are essentially a reissue of the methodological recommendations issued by the Ministry of Labor in 2013. They contain a systematic and more detailed set of measures to combat corruption in organizations, primarily in the private sector, and set uniform standards for building a system of anti-corruption measures. In particular, they state the need for organizations to implement comprehensive and consistent measures to prevent corruption, for which practical guidance is provided on the development and implementation of such elements of anti-corruption policy as:
1. Identification of anti-corruption units
The recommendations outline the specifics of the process of identifying officials or units responsible for preventing corruption in an organization, list possible approaches to the distribution of anti-corruption functions depending on the size and resources of the company, and indicate the conditions for the effective functioning of such units.
2. Assessment of corruption risks
The document defines the assessment of an organization's corruption risks as a particularly important element of anti-corruption policy. Before developing and implementing measures to prevent and combat corruption, organizations are advised to conduct a detailed analysis of business processes to identify the most likely corruption schemes and assess the consequences of their use. In the future, such analysis should be conducted on an ongoing basis.
The recommendations propose a sample procedure for conducting a risk assessment, which includes three key stages:
- Identification of corruption risks – detection of business processes and their sub-processes ("critical points") during which unlawful actions may be committed;
- Analysis of corruption risks – identifying ways in which corruption offences ("corruption schemes") can be committed, the circle of persons who may be involved in committing corruption offences, and vulnerabilities in business processes;
- Ranking corruption risks – assessing the likelihood of a corruption offense being committed at a certain stage of a business process and the possible harm caused to the organization and society as a whole.
In addition, there are principles that are recommended to be followed when conducting a corruption risk assessment. More detailed guidance on organizing the risk assessment process is provided in a separate document.
3. Regulation of conflicts of interest
The recommendations pay particular attention to limiting the influence of employees' personal interests on their work functions and decisions, i.e., regulating conflicts of interest. The conflict of interest itself is operationalized: its contradictory aspects, as well as possible manifestations and consequences, are disclosed.
The document focuses on the mechanism for identifying conflicts of interest among employees, as well as ways to resolve them. In order to most effectively eliminate conflicts of interest, it is proposed that rules for regulating them be enshrined in local regulations.
4. Standards and codes of conduct
Among the recommended measures, the introduction of a system of anti-corruption standards is also highlighted, which are designed to prevent the emergence of corrupt situations among the organization's employees. The introduction of anti-corruption standards involves the introduction of a wide range of rules of conduct for employees and the creation of a corporate ethics system aimed at fostering conscientious behavior among employees and the organization as a whole.
It is proposed that such a set of rules be developed individually for each organization, based on its specific characteristics, and also be enshrined in a local regulatory act - a code of business ethics. It may contain both general values, principles, and rules of conduct, as well as specific ones aimed at regulating behavior in certain areas.
Organizations are recommended, first and foremost, to provide for special anti-corruption standards in the following areas:
- receiving and giving gifts, illegal remuneration;
- other paid activities and ownership of securities;
- sponsorship, charitable activities, contributions to political causes, and donations to political parties;
- use of restricted information.
5. Counterparty verification and anti-corruption clause
A separate section of the document is devoted to the creation of a system of anti-corruption measures in the process of interaction with external actors - counterparties. To this end, organizations are encouraged to implement a system for assessing the integrity of counterparties, a procedure known in the specialized literature as due diligence. Such an assessment is necessary to identify the corruption risks that may arise when interacting with the organization being checked.
The basic due diligence procedure involves monitoring and analyzing all available information about the counterparty in free and paid databases. The assessment allows you to establish:
- the business reputation of the counterparty;
- the counterparty's financial, material, human, and other resources that enable it to properly carry out activities within the framework of the proposed business partnership/contract being concluded;
- the organization's connections with officials, including foreign ones;
- measures taken by the counterparty to prevent violations, including those related to corruption.
Organizations are also advised to include an anti-corruption clause in agreements and contracts with any counterparties.
6. Anti-corruption training for employees
Although the main functions of corruption prevention are assigned to specific departments or employees, a wide range of employees should be informed about the anti-corruption measures taken in the organization. To this end, it is proposed to conduct anti-corruption training for employees, and practical recommendations are given on how to organize it.
7. Monitoring the effectiveness of corruption prevention measures
According to the document, the most important tool for the implementation and enforcement of anti-corruption measures in an organization is regular monitoring of their effectiveness. This allows for the optimization of the existing system of measures and ensures that they are kept up to date in the face of changing standards and requirements.
In addition to the above measures, the document focuses on the need to conduct anti-corruption audits of individual transactions, establish channels for obtaining information about possible corruption offences, maintain accounting records, and ensure cooperation between organisations and law enforcement and government agencies in order to combat corruption.
*The methodological recommendations issued by the Ministry of Labor are intended to help organizations implement the provisions of Article 13.3 of the Federal Law "On Combating Corruption," which obliges organizations to take measures to prevent corruption.
It is worth noting that there are other instruments in Russia aimed at combating corruption in the business sector, such as public initiatives. For example, in 2012, the Chamber of Commerce and Industry of the Russian Federation, the Russian Union of Industrialists and Entrepreneurs, the All-Russian Public Organization of Small and Medium-Sized Businesses "OPORA RUSSIA," and the All-Russian Public Organization "Business Russia" jointly developed the Anti-Corruption Charter of Russian Business. The charter is a set of rules and principles aimed at developing standards for honest and incorruptible business conduct.