Description: War Thunder is a next generation military MMO game dedicated to...
Moscow, March 15 - Vesti.Ekonomika. Leaders keep destroying own companies due to violations of ethical standards and expose the population to multi-billion dollar losses.
Almost all of this is preventable as a new kind of ethics and software emerges, powered by machine learning and the vast data warehouses of the world's largest companies.
These include losses such as the $2 billion alleged Caterpillar tax fraud that came to light in 2013, or Volkswagen's decision to file false diesel emission test results from 11 million vehicles (estimated to be $14 billion). .7 billion, and this figure is growing). And the Wells Fargo scam to set up as many as 3.5 million fake bank accounts tied to credit cards in customer names since 2002.
The antidote, says Patrick Quinlan, founder of Convercent, is to give companies self-portraits based on their own data. Quinlan's software connects to the corporate digital infrastructure, from Email to a contract management system, consuming gigabytes of employee and company transaction data. Companies are forced to put their activities in order when atrocities are revealed.
Can data prevent the next Enron?
Quinlan noted that he did not intend to create " software for ethical compliance.” But as I learned more about corporate and regulatory compliance, I realized there was more room for improvement in ethics.The bottom line is that the collected data can prevent the commission of crimes through changes in the system of accountability.
More than 600 companies have signed up to receive Convercent services, including Uber, Airbnb, Microsoft, Tesla, Under Armor and Kimberly-Clark. Denver, which has raised $78 million so far, according to Pitchbook, is joining other startups such as the AI-built chatbot Spot to point out the company's powerful data algorithms to deal with its corporate challenges.
For decades, compliance with rules and regulations has dominated corporate culture. Now it ends. Market pressure is to create an ethical company culture that will attract talent and give it a competitive advantage. Research shows that companies with better ethics outperform the market with higher returns and lower volatility.
Forrester reports that large enterprises are already applying tougher standards than regulators. US government agencies such as the Securities and Exchange Commission manage the laggards after applying sophisticated fraud detection technology (only 2% of businesses surveyed by EY in 2014 use the most advanced automatic fraud detection technology).
But Maurice Schweitzer, a professor at the Wharton School at the University of Pennsylvania, says the most immediate driver of change is not new technology, but how society is ready to punish bad players.
The punishment has remained "surprisingly light" for decades, Schweitzer says. Corporate crime has historically had only an ephemeral impact on stock prices and balance sheets. Usually the punishment is much less than any ill-gotten gain. Take the role of Goldman Sachs in the financial crisis of 2008. It's a $5 billion fine for fraudulent transactions in mortgage-backed securities that barely impacted $30 billion in annual revenue (the fine could even drop to $0 after a series of financial audits).
But Schweitzer says there's more to it than company balance sheets—executive bonuses and bonuses. Company executives can seem completely devastated in front of millions on Twitter, Facebook and in the press.
A flexible board of directors takes a tougher stance. Over the past 2 years, Wells Fargo, VW and United executives have been fired after scandals. Wells Fargo's board of directors won $75 million in compensation after it fired its CEO from the company.
How the technology works
Many companies trying to detect bribery, corruption and fraud use spreadsheet tests. But they're easy to bypass, says EY's Vincent Walden. In response, Convercent, along with competitors such as NAVEX and Metricstream, have moved their reporting systems online. But the real result is possible as soon as the process is automated.This was the problem faced by the Ruby Tuesday restaurant franchise, which used monthly Excel spreadsheets to keep track of thousands of employee documents.
"The specific ideas we've been getting before haven't worked," said James Vitrano, Ruby Tuesday's general counsel in charge of risk management.
Because networks like Ruby Tuesday suffer 120% employee turnover every year, managers are often left in the dark about what's going on across the organization.
Vitrano said he needed "a 360-degree understanding" of what's going on among employees. He used Convercent's new data to handle complaints, improve conditions for high-performing restaurant managers, and reduce the risk of breaking the law.
Eventually, says Convercent's chief analyst Philip Winterburn, the company will be able to visualize models using predictive analytics that address ethical issues in the first place. It already collects data from survey results, corporate records, contract awards, supply chain management system, and travel apps.
Data can go directly to board members, with the assurance that suspicious reports will not be hidden. The result is something like the creation of a corporate Big Brother.
Companies can already easily determine the sexual orientation of employees, political preferences and receive other personal information that they would not be entitled to receive in another situation.
But the technology has outpaced the regulators. Michal Kosinski, an assistant professor at Stanford University, argued that algorithms can already determine sexual orientation, intelligence level, political preferences, and even criminal inclinations, focusing solely on facial features. That is why it is now necessary to clearly define at the legislative level what companies can and cannot do, since they gain access to almost all actions in the field of communication and work of employees, and then analyze text, voice or visual information.
Winterburn, who is a leader in data integration at Convercent, says he's accessing the data his clients collect legally.
Convercent faces its own ethical dilemmas. He uses posters of children used by companies that do the wrong thing. Phillip-Morris (about tobacco addiction), Zenefits (insurance violations), and Uber (it's a long list) are all customers. Quinlan says these are, in fact, the companies they want to work with.
The Chairman of the Presidium of the NCE RK "Atameken" spoke at the First Republican Forum of Entrepreneurs on combating corruption. noted the consistent work of the Agency in reducing the level of corruption in the country. However, according to him, despite all the measures taken, corruption remains present in everyday life.
“A clear confirmation of this is the position of Kazakhstan in the international study of Transparency International - it ranks 123rd in terms of the spread of corruption, especially taking into account the instruction of the head of state to enter Kazakhstan into the top 30 developed countries of the world. It is obvious that punitive measures alone, without the support of civil society, will not radically change the situation. The National Chamber of Entrepreneurs, as an established institution of civil society, initiated today's forum. A reliable barrier to corruption can only be put up by the joint efforts of the state and society,” he said.
“What have we done? Together with the Government, the number of licenses and permits was reduced by 72% (from 1115 to 316). All of them are grouped in a separate law ("On Permits and Notifications"). Now, in order to introduce new permits (licenses), officials need, in addition to conducting an analysis of the regulatory impact on business, to obtain the approval of Parliament deputies. Since 2015, scheduled inspections have been canceled and new risk management systems have been introduced. They are also united by one legislative act (the Entrepreneurial Code),” Timur Kulibayev stated.
The head of the NCE also noted that, together with the Prosecutor General's Office, the National Chamber is conducting an analysis of control and supervisory functions. “More than 28 thousand requirements are provided in the checklists of state bodies. In the field of sanitary and epidemiological supervision, 63 Sanitary Rules are currently in force, from which more than 11 thousand requirements for entrepreneurs follow. It's practically impossible. This is such a source of corruption, which gives a huge field of activity for “dishonest controllers”. We propose to eliminate 82% of such requirements, leaving less than 2,000,” he said.
In addition, according to Timur Kulibayev, the National Chamber of Entrepreneurs is involved in the work on the humanization of legislation. “We have submitted more than 25 conceptual proposals to the Code of Administrative Offenses. In particular, we proposed to reorient the nature of the administrative impact from punitive to preventive. Business is also under pressure through criminal prosecution mechanisms. As part of this work, about 20 proposals were made to humanize the Criminal Code, in particular, on pseudo-entrepreneurship. Many entrepreneurs have become unwitting victims of false enterprises due to the abuses of the investigating authorities and the imperfection of laws. We proposed to “reformat” this article and remove it from the Criminal Code already in the first months of 2017. After consideration, the document will be submitted to the parliament,” he said.
It was also noted that an amnesty, including on the economic elements of crimes, initiated by the head of state on the eve of the 25th anniversary of the independence of the Republic of Kazakhstan, was carried out.
The Chairman of the Presidium of the Chamber paid special attention to the public anti-corruption expertise of regulatory legal acts. Now government agencies themselves develop and approve almost all rules, regulations and other acts, that is, they are actually written for themselves, for their own narrow departmental interests. “It is necessary to widely involve the public in the conduct of anti-corruption expertise. We believe that it is necessary to work in two directions: 1) expertise at the stage of development of new documents; 2) revision of existing acts. We suggest that the Civil Service Agency, together with us, conduct an anti-corruption audit of the regulatory framework relating to the interests of business over the next year,” he said.
The head of Atameken drew the attention of the forum participants to the fact that out of all the appeals and complaints received by the National Chamber of Entrepreneurs, every eighth (13%) is related to procurement. “It is no secret that this area is the most prone to corruption. This is especially true for the purchases of national holdings and companies. The volume of purchases of the quasi-public sector here is 5 trillion tenge, which exceeds the volume of purchases of the public sector by almost 1.5 times (3.4 trillion tenge). This is extremely important, since it concerns funds from the National Fund,” he said.
According to Timur Kulibayev, the prevention of corruption in national holdings is significantly leveled by the closed decision-making processes, internal conflicts of interest, and the absence of criminal and administrative liability.
“The phenomenon of “corporate corruption” is still not reflected in the legislation, and yet it causes no less damage than corruption in the public sector. It is necessary to legally introduce strict liability measures in this area, as well as to strengthen internal corporate control over procurement,” said the Chairman of the Atameken Presidium.
Timur Kulibayev is sure that it is necessary to switch to the "digital format" of relations between government agencies and entrepreneurs to the maximum extent in order to level the "human factor".
“We have agreed with the government that from next year the Fundamentals of Entrepreneurship will be taught in schools. As part of this program, it is necessary to include special courses on anti-corruption culture. From childhood, we must educate young people in the spirit of "zero tolerance" for corruption. This is very important to us,” he said.
Also in his report, Timur Kulibayev mentioned that this year at the Atameken congress, the Charter of Entrepreneurs of Kazakhstan on Combating Corruption was approved, which proceeds from a voluntary commitment of business to introduce effective anti-corruption mechanisms based on international best practices. “We are confident that the implementation of the Charter will allow us to unite the efforts of the state and civil society in the implementation of the national anti-corruption strategy,” he said.
The Chairman of the Presidium also spoke about the Roadmap for 2017, which is approved by the National Chamber together with the Agency. “This is a pragmatic document that includes concrete steps. First, an analysis of corruption risks will be carried out in 16 areas and industries, from tax administration to veterinary supervision, and this work will be carried out on the ground, in all regions of Kazakhstan. Secondly, on the basis of this analysis, by the end of next year, we will make specific proposals to improve the legislation. Third, separately at the beginning of next year, proposals will be made to improve anti-corruption mechanisms in the procurement of the quasi-public sector. The issues of anti-corruption culture in society will not be left without attention," he said.
Timur Kulibayev stressed that it is necessary to create a "success story" in the fight against corruption. “Complaints from businesses should not be ignored by the Agency. All the tools and all structural divisions of the National Chamber and the Agency will be jointly used, including in the field,” the speaker emphasized.
“Today's forum will give a new impetus to our joint work and allow us to reach a new qualitative level. We would like to once again express our gratitude to the leadership of the Agency for the constructive and meaningful work in this direction. The fight against corruption is the main component of the formation of a normal business environment for the development of small and medium-sized businesses,” the head of the NCE concluded.
As a result of the forum, the Roadmap for joint actions of the Agency and NCE Atameken on combating corruption was signed.
Which advises organizations on governance issues, including strengthening the integrity and transparency of operations. The International Anti-Corruption Portal publishes an exclusive translation of Caranf's article on the fight against corporate corruption.
We instantly notice bribery in government circles and readily talk about it, however, when it comes to unethical business practices, we are silent.
“Doctors take bribes to promote medicines, the head of purchasing expects something like this when it comes time to pay bills, a pharmacist wants money in exchange for which he will buy certain medicines for his pharmacy warehouse. How can professionals in key positions and well paid contribute to such corruption?” I asked my mentor, the CEO of a huge international biopharmaceutical company, twenty years ago. I told him that I want to change the industry I'm in.
“If you want to make money through questionable practices, it doesn't matter what role you play or what industry you're in,” he replied. I didn’t believe him then, over the past 20 years there have been a huge number of incidents in corporate culture that confirm his words. The latest such case was the Punjab National Bank and diamond dealer Nirav Modi.
Organizations in need of large-scale purchases of goods or services are especially vulnerable in this regard. In such companies, specific individuals have the power to purchase goods or services worth hundreds of millions of dollars. However, even a large respected corporation, if its control system is weak, tends to produce employees who can abuse the trust of their colleagues and superiors. This can happen in any department, not just in administration or purchasing, but also in information technology, finance or human resources department where corrupt practices occur live. Even in sales, marketing, and at the CEO level, if people in high positions don't uphold the highest standards of integrity.
Those who work in large companies periodically, if not regularly, face similar incidents. Therefore, let's not consider ourselves saints and say that this only happens to politicians, bureaucrats and civil servants. Any serious brand of the private sector also faces hard-hitting episodes of individual or corporate corruption.
Hushing up what is happening
More recently, an international company was forced to call the police, an independent lawyer, and its own APAC team to come to the headquarters of the organization and escort the CEO of the enterprise from there. While the head of the corporation was away for an extended period, they discovered that most of the contracts were with a newly created organization co-owned by their CEO. Unfortunately, fearing the destruction of their reputation and the hype in the press, they did not sue. They closed the case. Almost all companies react with lightning speed, firing employees when it turns out that they participated in corruption. However, they never let the public know what happened and never take legal action to put an end to such crimes forever.
Forms of corporate corruption galore
Finding out the existence of corporate corruption is not easy, because many cases are on the borderline of favoritism and not necessarily about money.
Some corrupt people ask for trips to exotic places, the latest iPhone, expensive watches or electronic gadgets, and such gifts are very difficult to trace. However, one way or another, the direct colleagues and superiors of the one who participates in corruption most likely know about what is happening. They are either silent witnesses or accomplices. While most transactions tend to take place outside the office, corruption is very difficult to hide when you work for a large corporation. Some organizations, by the way, generally banned meetings, lunches, dinners and events with the participation of service providers outside the walls of the company. We all know that it is very difficult to track or implement such a policy. In addition, there is a gray form of corruption where service providers give out awards in various categories to their own customers. How can you repay someone who gave you positive press coverage?
Many organizations implement the strictest regulations regarding corruption. They purchase goods or services from various suppliers, taking orders piece by piece. When key procurement decisions are made, neutral leaders from other divisions of the organization are involved to monitor compliance with anti-corruption practices. Other companies change service providers every few years. Some appoint ombudsmen to monitor employees. And yet, despite all the above measures, corporate corruption remains the “scourge” of companies.
Vigilance is above all
Some professionals take service providers with them every time they change jobs. Such practices need to be carefully reviewed. Large organizations need to be more vigilant and inventive in tracking down violators who keep coming up with new ways to fool reviewers.
We all instantly recognize corruption in politics and government institutions. We feel entitled to find out where taxpayers' money is being spent by the people we have trusted to take care of it.
But is corruption ubiquitous only in state institutions or state-owned companies? Much of what happens in the private sector or corporations does not get into the pages of publications, because it is carefully hidden by the organizations themselves. It is very important to point out that this is just a handful of greedy individuals who can breed corporate corruption.
However, it is important for every CEO and CFO to ensure that their suppliers are audited annually to avoid embarrassing public scrutiny when such cases come to light from the outside. What would you do if you knew that your colleague was engaged in corporate corruption? I mean the special treatment of third parties and the receipt of tangible or intangible bonuses? Notify your superiors or anonymously send an email to the address set up by the organization for such complaints? Very often you will not be able to prove anything.
Instead of quitting or suffering in silence every day, find a way to maintain your integrity and protect the organization that pays your bills.
In a company where the number of employees is more than thirty people, bribes and theft are indispensable, if only because it is impossible to totally control the work of each employee. So say the experts who shared with the FD the schemes they know about giving and extorting bribes.
In the recent past (and according to unofficial data even today) the following situation took place at one of the largest city-forming metallurgical plants. After suppliers and contractors fulfilled their obligations, they could not get payment from the financial or other services of the plant for the delivered products or services for a long time.
I had to court for a long time and ask various middle managers to transfer money. Knowing that the contractors will not go anywhere, since they are completely dependent on the orders of the plant, employees of the enterprise sometimes did not pay anything at all, but most often they asked for a percentage of the amount transferred.
“This kind of relationship system can be called “velvet” corruption: it is bloodless - formally no one breaks the law and extorts money,” notes Eduard Chaikin, director of the Research Institute for Problems of Legal Nihilism.
According to him, such methods of soft extortion exist to this day in almost all types of businesses represented by large and medium-sized post-Soviet enterprises. Very often this is encountered in construction, when the customer delays signing the act of acceptance and delivery of work performed. Similar problems are experienced even by legal companies that are forced to discount, for example, to the chief accountant in order to receive the money due for the services rendered. “This has really become a norm for a long time, which is nice to call gratitude for assistance in obtaining their own money. The amount of gratitude to the employee who helps to resolve the issue can reach up to 10 percent of the amount of upcoming payments, ”the general director of one of the construction companies in Moscow shared his experience on condition of anonymity.
Alexander F., the head of a law firm, agrees with him, who explains the current practice in this way: “Often a top manager is only on paper “top”. He has a relatively small salary and no interest in the results of his work. Moreover, he perfectly understands the problems of the counterparty, who demands his hard-earned money for the work done, but in the conversation he still will not forget to hint at the need for some gratitude. And its size will largely depend on the scale of cooperation.”
It would seem that the enterprise does not suffer from this type of corporate corruption, since its income does not decrease. But at the same time, relying on remuneration from the counterparty, the persons making such decisions can deliberately postpone and in every possible way delay the implementation of payments. And this is a direct threat to the company. In accordance with Federal Law No. 127 of October 26, 2002 "On Insolvency (Bankruptcy)", a creditor may apply to the court for bankruptcy of the debtor if the latter does not pay off the debt of 100 thousand rubles for more than three months. If we remember that bankruptcy is a favorite tool of raiders, it is not difficult to imagine what the dishonesty of one manager can turn out to be for the entire company.
According to Eduard Chaikin, methods to reduce the risk of this type of corruption in the company are trivial. “Of course, the company needs to balance its losses and benefits from making public the activities of an individual employee to management. But the only legitimate method of counteraction, no matter how trite it may sound, is to notify the owners of the company personally (through targeted mail, etc.) about such extortion and hope that this is not the system of the company as a whole and its founders are not in “ share,” he said. In other words, the company must declare its readiness to fight bribes and inform counterparties about this, providing them with information about who in your organization should contact if any of the employees solicits a bribe.
Roman Makeev, Head of Operational Audit Department at Svyaznoy Group of Companies, on ways to identify corruption in a company:
“Instances of fraud can be evidenced by the “living beyond the means” of specific employees, and the appearance of namesake managers”
CLASSICS OF THE GENRE
Kickbacks have long been a classic of corporate corruption. The same can be said about tenders with a previously known winner, which, in fairness, it should be noted, are usually encountered when it comes to government orders. However, it is the most common form of bribery in the business environment and is not declining. On the contrary, the methods of obtaining such bribes are only improving.
“Traditionally it is considered that the most dangerous areas in terms of commercial bribery are the supply and construction divisions. This is usually caused by the lack of transparency in procurement procedures and contractor selection,” says Ivan Ryutov, partner at Ernst & Young, Head of Fraud Investigation and Dispute Assistance Services in the CIS. - In the course of inspection activities at the enterprise, the following cases are often detected:
- receiving unreasonable benefits for choosing a particular product;
– manipulation of additional agreements to signed contracts;
- fixing the conditions of the purchase, suitable only for one participant in the tender;
- unlawful expansion of the quota, increase in volume or expansion of the range of purchases;
– providing the supplier company with preferences, preferential terms (lack of prepayment, commodity lending, etc.)”.
Another classification of schemes for receiving kickbacks was proposed by Roman Makeev, head of the operational audit department of Svyaznoy Group of Companies. " Interested person it is necessary to ensure the desired result, while maintaining the appearance of honesty. There are several typical schemes here, he explains. - The first is the formation of tender conditions for a specific supplier. If the required supplier is known in advance, then the rules are developed for it. The second is an artificial limitation of the list of possible suppliers. The tender is reduced to holding a "competition of seals", although formally everything is correct. The third is creativity in supplier evaluation.
A great way is scores. As practice shows, their use allows you to purchase goods of poor quality at a very high price. And, finally, the fourth - manipulations with the results of the tender. It happens that it is not necessary to conclude agreements with the winners. The main thing is that the winner himself was to blame, for example, for evading the conclusion of the contract. This can be achieved in several ways, the simplest of which is that the manager is physically inaccessible to the winner, and then a huge number of all kinds of “accidental” errors in the draft contract are used, up to the “loss” of letters, documents, etc.
The consequences of this kind of corruption may not be more tragic for business than the "velvet" methods of extortion. However, unlike the case when the manager, by action or inaction, makes it clear that he is not averse to fulfilling the obligation for a reward, it is more difficult to identify kickbacks. Experts advise to study both the nature of the transactions and the biographies of the persons responsible for the decisions made.
“Usually, signs of possible abuse are violation of the regulations established in the company (for example, on tenders) or the lack of control procedures. Such violations are usually detected by the internal audit of the company. For example, in the course of one of the inspections, contracts were identified, tenders for which were not actually held, and photocopies of sheets with signatures of commission members, “borrowed” from actual tenders, were attached to the tender documentation, - shares his experience Igor Lebedev, manager of Ernst & Young , Fraud Investigation and Dispute Assistance Services.
– In addition, often a sign of a pullback can be the strange nature of the transaction. For example, the purchase of services that the company does not need or the purchase of goods from little-known companies if there are offers from manufacturers or official distributors. And, of course, a number of violations are detected by chance and are of a curious nature. So, in one of the companies, an employee accidentally noticed the prints of several companies on the table of a colleague. An additional check established that the seals belong to firms headed by the employee's sister and supplying the company with goods at inflated prices.
There are more simple ways identification of kickbacks, which can be used in their practice not only by qualified internal auditors. “In my opinion, it is extremely difficult to notice collusion with contractors or corruption. Even the tender procedure can be arranged in such a way that from a formal point of view everything will look perfect. Nevertheless, there are signs, - says Roman Makeev. – The simplest signs are changes in payment terms. For example, an enterprise works with all contractors on a deferred payment basis, and suddenly it turns out that an advance payment is required for some products. Or, despite the fact that the company works only on an advance payment, receivables appear. Cases of fraud may be indicated, for example, by the appearance of namesake managers whose signatures are under documents from your counterparties.
BLICINTERVIEW
Igor Nezhdanov,
independent expert on competitive intelligence and business security
Can a non-professional identify instances of corruption in a company?
If this happens, it is only by chance. I'll explain why. What are the signs of corruption? The discrepancy between the standard of living of an employee and his official income. But this will require the help of at least the security service to control the correspondence and phone calls employees.
What should be the ideal anti-corruption system?
It needs to include both passive and active measures. Passive - this is the collection of information about likely intruders and those companies or individuals who can pay bribes. This involves, among other things, close communication, for example with the sales managers of your suppliers.
But it should not be built on behalf of the security service, but, for example, on behalf of colleagues and have a decent appearance. The purpose of such contact is to find an approach to the employee. Active measures include provocation or “test purchases”. And often enough information that such events are held to reduce the level of corruption in the company.
Involve your employees or professional detectives in such work - big question. Their people are absolutely controlled, but they are also known - it will be difficult for them to work with counterparties under the legend. Nobody knows external performers, so it will be easier for them to communicate, but it is much more difficult to control them.
In what case, in your opinion, and at what stage is it better to involve law enforcement agencies?
Use resource law enforcement in the internal affairs of the company is possible only if you have sufficient weighty grounds for suspicion. And you also need to be sure that law enforcement officers, having started work on an issue of interest to you, will not “pull out” a couple of unpleasant facts for you. But it is quite appropriate to use knowledge about the possibility of attracting security forces to investigate as a motivating factor.
HOW TO FIGHT
What to do if there are all signs of kickbacks and dishonest colleagues? Is it possible to somehow collect evidence of bribes and how to deal with this information? According to Ernst & Young experts, the fight is usually conducted in two directions: significant discrepancies between the official income of the staff and their lifestyle are revealed, and also control is exercised over the implementation of the procedures approved by the company. In addition, it is preventive measures that are most effective. They make it possible to detect and prevent abuses in a timely manner, for example, through the redistribution of duties and collegial decision-making.
If prevention does not work, mass repression is needed. Companies are most often afraid of publicizing the results of internal investigations. But this only encourages dishonest managers who are sure that the maximum punishment for their machinations is dismissal. In addition, such publicity, accompanied by transparent investigation and referral of cases to the justice system, could have a tangible positive effect.
Let us recall, for example, automobile companies that from time to time admit to structural problems in cars, but immediately organize a recall and free replacement of parts on tens and hundreds of thousands of cars, which only strengthens confidence in the integrity of the manufacturer.
According to both lawyers and law enforcement officers, it is impossible to bring the stealing managers to justice without the active participation of the company's employees themselves. “Before applying to the Ministry of Internal Affairs, you need to make sure that the suspected employee has violated any of the procedures, regulations, etc.,” says Roman Makeev. - At a minimum, the following must be attached to the application to the police:
- the job description of the manager with his personal signature, in which he is entrusted with the duty of making a decision in the interests of the organization;
- regulations and regulations, together with familiarization sheets, in accordance with which the manager had to act;
- documents confirming the violation by the manager of the job description and regulations. For example, commercial proposals received from contractors, a list of alternatives approved by the manager, minutes of meetings, the results of the work of internal investigation commissions, etc.
WHAT IS BUSINESS CORRUPTION?
The Criminal Code distinguishes between the concepts of a bribe to an official and a bribe to a company employee. The first is considered a more serious crime (punishment up to 12 years in prison), as it undermines the foundations of state or local authorities. So only “state employees” can be punished for taking a bribe (Article 290 of the Criminal Code of the Russian Federation).
When giving or receiving a bribe to a company employee, only the interests of a non-governmental organization suffer. Responsibility for this is provided for in Article 204 of the Criminal Code of the Russian Federation “Commercial bribery”, the maximum punishment is five years. An example of such bribery is a criminal case that was recently investigated in the Tyumen region. As the prosecutor's office of the region reported, the head of the local branch of the FSUE Russian Post and his deputy demanded 200 thousand rubles from the long-term partner of the enterprise, the general director of the transport company Sibiriada LLC, for extending the contract for the carriage of goods.
Plus, they wanted to receive monthly 10 percent of the money received by Sibiriada LLC for the services rendered to the post office. At the same time, in order for the transport company to compensate for the "losses", the head of the Federal State Unitary Enterprise suggested that the company's general director increase the cost of mail delivery services by 18 percent for the post office of the Tyumen region itself.
The transport workers did not accept a bribe and reported the extortion to the police. As a result, the police carried out an operation and detained the head of the Federal State Unitary Enterprise and his deputy after the transfer of money. A criminal case was initiated under part 4 of article 204 of the Criminal Code of the Russian Federation (commercial bribery committed by a group of persons by prior agreement, accompanied by extortion).
During the investigation, it turned out that this was not the first episode of extortion by the head of the company. So, he demanded 171 thousand rubles from OOO " Construction company"Basic" for signing acts of completed repair work in one of the post offices. On September 17, the prosecutor's office sent a criminal case against the leaders of the Federal State Unitary Enterprise to the Central District Court of Tyumen. The verdict had not yet been issued at the time of signing the issue.
PROSECUTED BY THE LAW
| A crime | Punishment |
| Illegal transfer of money to an employee performing managerial functions in the company (according to the charter, job description, power of attorney, etc.), valuable papers or other property, as well as the illegal provision of services of a property nature to him for actions (inaction) in the interests of the giver | From a fine of 200 thousand rubles to two years in prison |
| The same as above, committed by two or more managers of the company by prior agreement | From a fine of 300 thousand rubles to four years in prison |
| Illegal receipt by an employee of a company performing managerial functions of money, securities, other property or the use of property services for actions (inaction) in the interests of the giver | From a fine of 100 thousand rubles to three years in prison |
| The same as above, committed by two or more managers of the company by prior agreement or involving extortion | From a fine of 100 thousand rubles to five years in prison |
CORPORATE CORRUPTION IN NUMBERS
| № | Year | Number of criminal cases under the article for giving/receiving bribes by company managers | The number of convicts under this article |
| 1 | 2005 | 1452 | 424 |
| 2 | 2006 | 953 | 464 |
| 2 | 2007 | 1274 | 462 |
| 3 | January-August 2008 | 825 | 306 |
1. The concept of corruption as a social phenomenon.
2. Political, economic and legal aspects of corruption.
3. Signs of corruption.
5. Main types of corrupt behavior.
6. Social consequences of corruption.
7. Causes of corruption: concept and main factors.
8. Anti-corruption policy: concept, content, types.
9. Subjects and objects anti-corruption policy.
10. Goals, means, tools, directions of anti-corruption policy. Requirements for the implementation of anti-corruption policy.
11. Main features of anti-corruption policy in modern Russia.
12. Problems and contradictions in the creation of a system for the formation of anti-corruption consciousness.
13. Anti-corruption activities of public organizations. Coordination of anti-corruption activities of state and public institutions.
14. Anti-corruption education: concept, essence, levels.
15. Anti-corruption propaganda: concept, essence, direction.
16. Anti-corruption expertise: concept, procedure for appointment and production.
17. Anti-corruption monitoring: concept and content.
18. Anti-corruption legislation: concept, content, structure.
19. Anti-corruption behavior: concept, content, methods of formation.
20. Anti-corruption education: concept, content, focus.
21. The main objectives of the anti-corruption policy.
22. Political corruption: concept and content.
23. Economic corruption: concept, content, types.
24. Anti-corruption international legal acts: types and content.
25. Activities of law enforcement agencies in combating corruption.
26. International cooperation to combat corruption: concept, types and results.
27. Specialized anti-corruption bodies: types, status, powers.
28. Public organizations to combat corruption: legal status and performance.
26. Regional anti-corruption policy: a mechanism for launching and implementing.
27. Municipal anti-corruption policy: concept and content.
28. Departmental anti-corruption policy: concept and content.
29. Corruption in public authorities.
30. Corporate corruption: concept and content.
31. Party corruption: concept and content.
32. Parliamentary corruption: concept and content.
33. Socio-economic factors of corruption: concept and content.
34. Political causes of corruption: concept and types.
35. The essence of civil control. The development of civil society as the basis for the democratization and modernization of modern society.
6.3. Tests for self-control
1. The Federal Law "On Combating Corruption" establishes:
a) the basic principles of combating corruption;
b) causes of corruption;
c) forms of organization of the activities of civil servants;
d) models of anti-corruption behavior.
2. The main principles of combating corruption do not include:
a) recognition, provision and protection of fundamental rights and freedoms of man and citizen;
b) informational secrecy of the activities of state bodies and local governments;
c) legality;
d) the inevitability of liability for committing corruption offences.
3. President Russian Federation:
a) determines the main directions of the state policy in the field of combating corruption;
b) does not interfere in the state policy in the field of combating corruption, pursued by the Government of the Russian Federation;
c) has the exclusive right to take anti-corruption measures.
4. The main activities of state bodies to improve the effectiveness of combating corruption are:
a) holding a single public policy in the field of combating corruption;
b) ensuring the independence of the media;
c) creation of organizations for the protection of the rights of state and municipal employees;
d) improving the procedure for passing the state and municipal service.
5. Which persons are family members of a civil servant, in respect of which he is obliged to provide information on income:
what about parents;
b) spouse (wife);
c) brothers and sisters;
d) grandparents.
6. State or municipal employee in the event of a conflict of interest:
a) may inform the employer about it, if such a need arises;
b) is obliged to notify the employer about it;
c) must apply to the employer to terminate the employment contract;
d) may not inform the employer about it.
7. A person holding a public position of the Russian Federation is subject to dismissal due to loss of confidence in the event of:
a) failure by a person to take measures to prevent and resolve a conflict of interest to which he or she is a party;
b) participation of a person on a paid basis in the activities of the management body of a commercial organization;
c) carrying out entrepreneurial activities by a person;
d) carrying out pedagogical activities by a person.
8. The National Anti-Corruption Plan is approved:
a) the President of the Russian Federation;
b) the Government of the Russian Federation;
d) the State Duma of the Russian Federation;
e) the Federation Council of the Russian Federation.
9. Can the current President of Russia be prosecuted for committing a crime of corruption:
a) yes, if he is detained at the scene of the crime;
b) only with the consent of the State Duma of the Russian Federation;
d) only with the consent of the Chairman of the Investigative Committee of the Russian Federation.
10. Anti-corruption expertise is subject to:
a) only the current regulatory legal acts;
b) both existing normative legal acts and those that have lost their force;
c) normative legal acts and draft normative legal acts;
d) only draft normative legal acts.
11. Anti-corruption expertise is carried out in relation to:
a) federal laws;
b) decrees of the President;
c) government decrees;
d) normative legal acts of federal executive authorities.
12. Anti-corruption expertise may be carried out by:
a) civil society institutions;
b) teachers of law schools;
c) the prosecutor's office;
d) bodies of the Ministry of Justice.
13. Is a corruption offense a crime under Russian law?
a) is;
b) is, if the offense is committed by a public servant;
c) is not.
14. The conclusion based on the results of an independent anti-corruption expertise is:
c) mandatory if it contains corruptogenic factors;
d) binding, if the conclusion is published in the media.
15. Is an anti-corruption policy being developed at the regional level:
a) yes, if the region considers it necessary;
c) only if such an instruction is received from public authorities;
d) Yes, absolutely.
7. Educational and methodological and Information Support disciplines (module) Fundamentals of anti-corruption policy in the Russian Federation
a) literature:
Ageev VN Legal means of combating corruption in the public service system of the Russian Federation / VN Ageev // Administrative and municipal law. - 2012. - No. 9. - P. 5 - 10.
Ageev V. N. State control over the implementation of anti-corruption policy in the Russian Federation / V. N. Ageev // Actual problems of economics and law. Federal scientific peer-reviewed journal. - 2010. - No. 4 (16). - P. 5 - 8.
Ageev VN Principles of anti-corruption expertise of normative legal acts and their projects / VN Ageev // Actual problems of economics and law. Federal scientific peer-reviewed journal. - 2009. - No. 4 (12). - P. 5 - 11.
Ageev V. N. Anti-corruption policy of Russia in the sphere of public service / V. N. Ageev // Investigator. Federal edition. - 2009. - No. 2 (130). - P. 8 - 11.
Ageev VN Restriction of the basic constitutional rights of civil servants as a way to fight corruption / VN Ageev // Investigator. Federal edition. - 2008. - No. 3 (119). - S. 11 - 14.
Anti-corruption expertise of normative legal acts and their projects: terminological dictionary / ed.-ed.: V.N. Ageev, O.V. Ageeva, I.I. Bikeev, A.E. Bikmukhametov, M.A. Gavrilov and others; hands ed. team and scientific ed. Dr. jurid. sciences, prof. P.A. Kabanov. - Kazan: Publishing House "Knowledge" of the Institute of Economics, Management and Law, 2010. - 146 p.
Astanin VV Problems of monitoring law enforcement in order to implement anti-corruption policy / VV Astanin // Administrative and municipal law. - 2012. - No. 6. - P. 5 - 11.
Astanin VV About effective mechanisms of interaction between the state and civil society in the field of combating corruption / VV Astanin // Administrative and municipal law. - 2011. - No. 4. - P. 5 - 8.
Belova S. V. Compliance with anti-corruption legislation / S. V. Belova, L. G. Alekseeva // Legality. - 2011. - No. 8. - P. 30 - 33.
Bikmukhametov A. E. Gaps in the Tatarstan anti-corruption legislation: understanding the regional experience / A. E. Bikmukhametov, R. R. Gazimzyanov, P. A. Kabanov // Business Security. - 2008. - No. 1. - P. 7 - 10.
Bulgakova I. G. Some aspects of the prevention of corruption in public authorities / I. G. Bulgakova // Journal of Russian Law. - 2012. - No. 8. - P. 75 - 80.
Vlasenko N. A. Theoretical analysis of legal means and legal models for combating corruption / N. A. Vlasenko, S. A. Gracheva, E. E. Rafalyuk // Journal of Russian Law. - 2012. - No. 11. - P. 68 - 80.
Grib VV Legal issues of institutionalization of interaction between civil society and public authorities / VV Grib // Russian justice. - 2011. - No. 3. - P. 10 - 11.
Didych T. O. Law-making of the state and counteracting corruption in modern conditions / T. O. Didych // Journal of Russian Law. - 2012. - No. 8. - P. 69 - 74.
Zemtsova Yu. Basic instinct. Riddles and riddles of corruption / Y. Zemtsova // Financial newspaper. - 2012. - No. 5.
Kabanov P. A. Some forms of interaction between civil society institutions and local governments in the field of combating corruption / P. A. Kabanov // Administrative and municipal law. - 2012. - No. 5. - P. 5 - 8.
Kabanov P. A. Political corruption in the conditions of reform Russian statehood at the turn of the century: monograph / P. A. Kabanov, G. I. Raikov, D. K. Chirkov. - M .: Friendship of peoples, 2008. - 224 p.
Commentary to the Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption" (item-by-article) / ed. S. Yu. Naumova, S.E. Channova. - M. : Yustitsinform, 2009. - 272 p.
Korotkova OI Corruption and its manifestations in the system of public service as one of the most urgent problems of Russian reality / OI Korotkova // State power and local self-government. - 2012. - No. 3. - S. 22 - 25.
Kostennikov M.V., Kurakin A.V., Kolchemanov D.N., Maryan A.V. Administrative and legal means of minimizing corruption risks in official activities of civil servants of foreign countries // Administrative and municipal law. - 2010. - No. 5. - P. 5 - 20.
Kudashkin A. V. Anti-corruption expertise: theory and practice: scientific and practical guide / A. V. Kudashkin. - M. : Norma, Infra-M, 2012. - 368 p.
Scientific and practical commentary to the Federal Law of the Russian Federation of July 17, 2009 No. 172-FZ “On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” / V.N. Ageev and others; under scientific ed. Dr. jurid. sciences, prof. P.A. Kabanova; intro. Art. Dr. jurid. sciences, prof. I.I. Bikeev. - Kazan: Publishing House "Knowledge" of the Institute of Economics, Management and Law, 2010. - 120 p.
Nechaeva T. V. Commentary on the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (item-by-article) / T. V. Nechaeva, A. V. Kirilin. - M. : Delovoy Dvor, 2013. - 368 p.
Ovechko VV Anti-corruption measures in the public service system of the Russian Federation / VV Ovechko // Military legal journal. - 2011. - No. 9. - P. 17 - 18.
Pokrovsky MN Anti-corruption in Russia: administrative-legal and ethical aspects / MN Pokrovsky // Administrative and municipal law. - 2010. - No. 6. - S. 28 - 30.
Ramazanov R. U. Anti-corruption expertise of normative legal acts and their projects as an effective way to combat corruption / R. U. Ramazanov // Law and Politics. - 2011. - No. 10. - S. 1674 - 1678.
Talapina E. V. Commentary on the legislation of the Russian Federation on combating corruption (item-by-article) / E. V. Talapina. - M. : Wolters Kluver, 2010. - 192 p.
Tikhomirov Yu. A. Law against corruption / Yu. A. Tikhomirov, E. N. Trikoz // Journal of Russian Law. - 2007. - No. 5. - P. 39 - 52.
Khabrieva T. Ya. Corruption and law: doctrinal approaches to the formulation of the problem / T. Ya. Khabrieva // Journal of Russian law. - 2012. - No. 6. - P. 5 - 17.
Khabrieva T. Ya. Economic and legal analysis: methodological approach / T. Ya. Khabrieva // Journal of Russian law. - 2010. - No. 12. - P. 5 - 26.
What is corruption and how to fight it / ed. A. G. Panova, B. V. Yatselenko. - M. : Ministry of Justice of the Russian Federation, 2010. - 32 p.
b) normative legal acts:
Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 // Russian newspaper. - 1993. - 25 Dec.
On control over the correspondence of expenses of persons holding public office and other persons to their income: feder. Law of December 03, 2012 No. 230-FZ // Collection of Legislation of the Russian Federation. - 2012. - No. 50 (part 4). – Art. 6953.
About the police: feder. Law of February 7, 2011 No. 3-FZ // Collection of Legislation of the Russian Federation. - 2011. - No. 7. - Art. 900.
On the Investigative Committee of the Russian Federation: Feder. Law of December 28, 2010 No. 403-FZ // Collection of Legislation of the Russian Federation. - 2011. - No. 1. - Art. fifteen.
On anti-corruption expertise of normative legal acts and draft normative legal acts: Feder. Law of July 17, 2009 No. 172-FZ // Collection of Legislation of the Russian Federation. - 2009. - No. 29. - Art. 3609.
On combating corruption: Feder. Law of December 25, 2008 No. 273-FZ // Collection of Legislation of the Russian Federation. - 2008. - No. 52 (part 1). – Art. 6228.
On municipal service in the Russian Federation: feder. Law of March 2, 2007 No. 25-FZ // Collection of Legislation of the Russian Federation. - 2007. - No. 10. - Art. 1152.
On the ratification of the Criminal Law Convention on Corruption: Feder. Law of July 25, 2006 No. 125-FZ // Collection of Legislation of the Russian Federation. - 2006. - No. 31 (1 hour). – Art. 3424.
On the ratification of the United Nations Convention against Corruption: Feder. Law of March 08, 2006 No. 40-FZ // Collection of Legislation of the Russian Federation. - 2006. - No. 12. - Art. 1231.
On the State Civil Service of the Russian Federation: Feder. Law of July 27, 2004 No. 79-FZ // Collection of Legislation of the Russian Federation. - 2004. - No. 31. - Art. 3215.
On political parties: feder. Law of July 11, 2001 No. 95-FZ // Collection of Legislation of the Russian Federation. - 2001. - No. 29. - Art. 2950.
On military duty and military service: feder. Law of March 28, 1998 No. 53-FZ // Collection of Legislation of the Russian Federation. - 1998. - No. 13. - Art. 1475.
On service in the customs authorities of the Russian Federation: Feder. Law of July 21, 1997 No. 114-FZ // Collection of Legislation of the Russian Federation. - 1997. - No. 30. - Art. 3586.
On the status of judges in the Russian Federation: Law of the Russian Federation dated June 26, 1992 No. 3132-1 // Gazette of the Council of People's Deputies and the Supreme Council of the Russian Federation. - 1992. - No. 30. - Art. 1792.
On the Prosecutor's Office of the Russian Federation: Feder. Law of January 17, 1992 No. 2202-1 // Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation. - 1992. - No. 8. - Art. 366.
About the National Anti-Corruption Strategy and national plan combating corruption for 2010 - 2011: Decree of the President of the Russian Federation of April 13, 2010 No. 460 // Collection of Legislation of the Russian Federation. - 2010. - No. 16. - Art. 1875.
On measures to combat corruption: Decree of the President of the President of the Russian Federation dated May 19, 2008 No. 815 // Collection of Legislation of the Russian Federation. - 2008. - No. 21. - Art. 2429.
On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts: Decree of the Government of the Russian Federation of February 26, 2010 No. 96 (together with the "Rules for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts", "Methodology for conducting anti-corruption expertise of regulatory legal acts and drafts of normative legal acts”) // Collected Legislation of the Russian Federation. - 2010. - No. 10. - Art. 1084.
On combating corruption in the Republic of Tatarstan dated May 4, 2006 No. 34-ZRT // Republic of Tatarstan. - 2006. - May 7.
On the State Civil Service of the Republic of Tatarstan: Law of the Republic of Tatarstan dated January 16, 2003 No. 3-ZRT // Republic of Tatarstan. - 2003. - 21 Jan.
On measures to organize and monitor the effectiveness of the activities of the executive authorities of the Republic of Tatarstan, territorial bodies of federal executive authorities in the Republic of Tatarstan, local governments of municipal districts and urban districts of the Republic of Tatarstan in the implementation of anti-corruption measures on the territory of the Republic of Tatarstan: Decree of the President of the Republic of Tatarstan dated 23 March 2011 No. UP-148 // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and regulations of the republican executive authorities. - 2011. - No. 18. - Art. 0636.
On the Strategy of the Anti-Corruption Policy of the Republic of Tatarstan: Decree of the President of the Republic of Tatarstan dated April 8, 2005 No. UP-127 // Republic of Tatarstan. - 2005. - April 14.
On the organization and monitoring of the effectiveness of the activities of the executive authorities of the Republic of Tatarstan, territorial bodies of federal executive authorities in the Republic of Tatarstan, local governments of municipal districts and urban districts of the Republic of Tatarstan in the implementation of anti-corruption measures on the territory of the Republic of Tatarstan: Decree of the Cabinet of Ministers of the Republic of Tatarstan dated June 10 2011 № 463 // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and regulations of the republican executive authorities. - 2011. - No. 25. - Art. 1081.
On approval of the Comprehensive Republican Anti-Corruption Program for 2012-2014: Decree of the Cabinet of Ministers of the Republic of Tatarstan dated August 18, 2011 No. 687 // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and regulations of the republican executive authorities. - 2001. - 7 September.
On approval of the procedure for conducting anti-corruption expertise of certain regulatory legal acts and draft regulatory legal acts and on amending certain resolutions of the Cabinet of Ministers of the Republic of Tatarstan: resolution of the Cabinet of Ministers of the Republic of Tatarstan dated December 24, 2009 No. 883 // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and normative acts of republican executive authorities. - 2010. - 20 Jan.
On the development of a system of administrative regulations for the provision of public services by executive bodies of state power: Resolution of the Cabinet of Ministers of the Republic of Tatarstan dated June 16, 2006 No. 310 // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and normative acts of republican executive bodies. - 2006. - July 12.
On measures to combat corruption in the municipality of the city of Naberezhnye Chelny: Resolution of the Executive Committee of the municipality of the city of Naberezhnye Chelny of the Republic of Tatarstan dated April 15, 2011 No. 1916 // Chelninskiye Izvestiya. - 2011. - 20 April.
