Факультет прикладної математики
National Technical University of Ukraine
"Igor Sikorsky Kyiv Polytechnic Institute"
"Igor Sikorsky Kyiv Polytechnic Institute"
Faculty of Applied Mathematics
Факультет прикладної математики
By this Anti-Corruption Program (hereinafter referred to as the Program) – the National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute” (hereinafter referred to as the University), aware of its responsibility for upholding the values of the rule of law and integrity, striving to ensure its sustainable development, caring for its own business reputation, to encourage the use of good faith practices, and in the interests, in particular, but not exclusively, of its founders, employees, business partners, and clients, declares that its founders, rector, vice-rectors, and heads of structural units, officials, and employees in their activities, as well as in legal relations with business partners, state authorities, local governments, and other legal entities and individuals are guided by the principle of zero tolerance for corruption in any of its forms and manifestations and take (will take) all measures to prevent, detect, and combat corruption as provided for by law and this Program.
The University declares its principled position and condemns corruption as an illegal and unethical way of conducting business.
1. Definition of Terms
1.1. In this Program, the following terms are used in the following meanings:
2. Purpose and scope
2.1. The purpose of this Program is to ensure the functioning of an effective system of prevention and counteraction to corruption, compliance of the University’s activities with the requirements of anti-corruption legislation, taking into account best international practices.
2.2. This Program establishes a set of measures (rules, standards and procedures) to prevent, detect and counter corruption in the activities of the University, no less in scope and content than those provided for by the Law of Ukraine “On Prevention of Corruption” and the Standard Anti-Corruption Program of a Legal Entity, approved by order No. 794/21 of the National Agency for the Prevention of Corruption dated 10.12.2021.
2.3. Measures to prevent, detect and eliminate or minimize corruption risks are recognized as priorities in the activities of the University.
2.4. This Program is mandatory for implementation by the rector of the University, vice-rectors, heads of structural units, employees, representatives of the University and persons who are studying at the University or performing certain work on the basis of civil law contracts, concluded them with the University.
2.5. This Program is mandatory for all structural units, in particular the Slavutych branch, the State Polytechnic Museum and the Institute of Special Communications and Information Protection.
2.6. This Program is applied in all areas of the University’s activity, in particular in relations with business partners, officials, state authorities and local self-government bodies, other legal entities and individuals.
2.7. The provisions on the mandatory observance and implementation of this Program are included in the internal labor regulations of the University, regulations on structural units, all labor agreements, including contracts and job descriptions.
2.8. This Program was approved by the decision of the Conference of the labor collective and put into effect by order of the rector of the University after its public discussion.
2.9. The text of this Program is available in permanent open access for employees, representatives of the University, as well as for its business partners.
3. Responsible leadership, business reputation and integrity
3.1. The Rector, Vice-Rectors and heads of structural units at all levels of the University undertake to form, by a personal example of ethical behavior, zero tolerance for corruption among employees and students of the University, which is the basis of the business culture, everyday business practice and business reputation of the University.
3.2. The Rector, Vice-Rectors and heads of structural units of the University undertake to demonstrate leadership and responsibility in relation to:
1) compliance with the requirements of anti-corruption legislation;
2) ensuring proper implementation, effective functioning, periodic analysis, timely review and improvement of the system for preventing and combating corruption at the University in order to properly respond to corruption risks in the activities of the University;
3) spreading a culture of zero tolerance for corruption in all areas of the University’s activities;
4) appointing a person responsible for the implementation of this Program (hereinafter referred to as the Commissioner), providing him with appropriate material and organizational working conditions, facilitating the Commissioner’s performance of tasks and functions stipulated by the Law of Ukraine “On Prevention of Corruption” and this Program, ensuring the independence of the Commissioner’s activities;
5) encouraging officials of all levels to demonstrate leadership in preventing and combating corruption within the limits of their powers;
6) directing employees to support the anti-corruption policy of the University and make a personal contribution to the effectiveness of the system for preventing and combating corruption;
7) informing about the policy for preventing and combating corruption both within the University and in relations with business partners, officials, state authorities, local governments, other legal entities and individuals;
8) ensuring, in accordance with the Law of Ukraine “On Prevention of Corruption”, the conditions for reporting information about possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption”;
9) compliance with the rights and guarantees of protection of whistleblowers provided for by the Law of Ukraine “On Prevention of Corruption”;
10) timely and appropriate response in accordance with the law to the facts of commission (possible commission) of corruption or corruption-related offenses by University employees and higher education applicants.
4. Norms of professional ethics
4.1. The Rector of the University, Vice-Rectors and Heads of Structural Units at all levels, the Commissioner, employees and representatives of the University, while performing their official (contractual) duties:
1) strictly adhere to the generally recognized ethical norms of behavior and the requirements of the Code of Honor of the National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute” (https://kpi.ua/code);
2) be tolerant and respectful of the political views, ideological and religious beliefs of other persons;
3) act regardless of personal interests, personal attitude towards any persons, their political, ideological, religious or other personal views or beliefs;
4) do not disclose or use confidential information that has become known to them in connection with the performance of their official (contractual) duties, except in cases established by law;
5) competently, timely, effectively and responsibly perform official (contractual) duties, decisions and instructions of bodies and officials to whom they are subordinate, accountable or controlled, and do not allow abuse and ineffective use of funds and property of the University.
4.2. The Rector, Vice-Rectors and heads of structural units at all levels, the Commissioner, employees, representatives of the University shall refrain from criminal actions, decisions and instructions and take measures to cancel such decisions and instructions.
4.3. Officials at all levels, the Commissioner, employees, representatives of the University shall refrain from implementation of decisions or instructions of the management that are clearly criminal.
4.4. In the event of receiving decisions or instructions that are clearly criminal for execution, an official, Commissioner, or employee of the University must immediately notify the immediate supervisor or rector of the University and the Commissioner in writing.
4.5. An official, Commissioner, or employee may not be dismissed or forced to be dismissed, held disciplinary accountable, or subjected to other negative measures of influence or the threat of such measures of influence by the management in connection with the refusal to implement decisions or instructions that are clearly criminal.
4.6. Officials, employees of the University, or the Commissioner may not be held disciplinary accountable for refusing to participate in corrupt acts, even if such refusal may result in the University losing a competitive advantage or potential benefit.
1. Rights and obligations of the rector, vice-rectors and heads of structural units at all levels, employees (except the Commissioner) and representatives of the University
1.1. The rector, vice-rectors and heads of structural units at all levels, employees, representatives of the University and higher education applicants have the right to:
1) submit proposals for improving this Program;
2) contact the Commissioner for consultations and clarifications regarding the implementation of this Program, other internal documents of the University regarding the prevention of corruption, anti-corruption legislation;
3) receive recommendations from the Commissioner on further actions in the event that planned actions or decisions (deeds) may be a source of corruption risks.
2. The Rector, Vice-Rectors and Heads of Structural Units at all levels, employees and representatives of the University, as well as higher education applicants are obliged to:
1) comply with the requirements of the Law of Ukraine “On Prevention of Corruption”, this Program and internal documents adopted for its implementation, as well as ensure the implementation of this Program;
2) perform their official (contractual) duties taking into account the legitimate interests of the University;
3) immediately inform the Commissioner and the Rector in the manner prescribed by this Program about cases of violation of the requirements of this Program (or cases of incitement to such actions), commission of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption” by the Rector, Vice-Rectors and Heads of Structural Units at all levels, employees of the University or existing or potential business partners;
4) immediately inform in the manner prescribed by this Program about the occurrence of a real or potential conflict of interest; take measures to prevent and resolve a real or potential conflict of interest; not to take actions or make decisions in conditions of a real conflict of interest;
5) refrain from behavior that may be regarded as a willingness to commit a corruption or corruption-related offense related to the activities of the University;
6) inform the Commissioner about the provision and acceptance of business hospitality, giving and receiving gifts in the manner prescribed by law;
7) take into account and take into account the recommendations of the Commissioner.
2. Prohibited corrupt practices
2.1. The Rector of the University, Vice-Rectors and Heads of Structural Units at all levels, the Commissioner, employees and representatives of the University are prohibited from:
1) accepting an offer, promise or receiving an undue benefit, and also requesting such a benefit for themselves or another individual or legal entity for committing or failing to commit any actions using the position they hold at the University, or in connection with their activities for the benefit of the University, in the interests of the person who offers, promises or provides such a benefit, or in the interests of a third party;
2) abusing their powers, that is, intentionally, in order to obtain an undue benefit for themselves or another individual or legal entity, using their powers contrary to the interests of the University;
3) offer, promise or provide (directly or through a third party) officials and/or their close associates, other individuals with an improper benefit for their taking or failing to take any action/inaction using the power, official position, or authority granted to them to obtain or retain any benefits for the University;
4) take action and make decisions in conditions of a real conflict of interest;
5) use any University property or budget funds for personal interests;
6) organize, be an intermediary or personally make any cash or non-cash payments or settlements with the University’s business partners, other individuals or legal entities, if such payments or settlements are not provided for by law or by transactions concluded by the University;
7) directly or indirectly influence the decisions of University employees in order to obtain undue benefit for themselves or other persons;
8) commit any actions that directly or indirectly incite other employees, officials of all levels to violate the requirements of the Law of Ukraine “On Prevention of Corruption” or this Program;
9) give and receive gifts in violation of the requirements of the legislation and this Program regarding the provision and acceptance of business hospitality and gifts;
10) after dismissal or other termination of cooperation with the University, disclose or otherwise use in their own interests information, including confidential information, which became known to them in connection with the performance of their powers, contractual obligations, except for cases established by law.
2.2. The University prohibits the payment of incentive payments to officials, in particular for the purpose of accelerating any formal procedures related to obtaining permits or making relevant decisions in favor of the University, or obtaining other benefits for the University.
An incentive payment is not a payment for expedited consideration paid to the account of a state authority or local government body, enterprise, institution, organization, official, state/local budget, the amount and payment of which is provided for by law (for example, a payment for expedited patent registration).
An official, employee, representative or higher education applicant of the University, to whom a request for an incentive payment is addressed, is obliged to notify the person making such a request of the prohibition of its implementation, refuse to make such a payment, and also immediately inform his direct supervisor and the Commissioner of the received request.
In the event that an official, employee or representative of the University has any doubt as to whether a payment is an incentive payment and whether its implementation is prohibited, such official, employee or representative of the University must seek advice from the Commissioner.
2.3. The prohibitions shall apply without any territorial restrictions, in the territory of any State, without regard to national traditions, local practices or the conditions of competition prevailing in that State.
1. General Provisions
1.1. The legal status of the Commissioner is determined by the Law of Ukraine “On Prevention of Corruption” and this Program.
The Commissioner is subordinate, accountable and controlled by the rector of the University.
The requirements for a person who may be appointed as the Commissioner are established by the Law of Ukraine “On Prevention of Corruption”.
1.2. The Commissioner may be dismissed from office early in cases provided for by the Law of Ukraine “On Prevention of Corruption”.
The Commissioner may be dismissed from office on the initiative of the rector of the University, subject to the consent of the National Agency for Prevention of Corruption in accordance with the established procedure.
1.3. The Commissioner may involve employees of a structural unit subordinate to him (in the event of the formation of such a structural unit), as well as, with the consent of the University Rector, other employees of the University by providing them with oral and written instructions and exercising control over their implementation.
Employees of a structural unit subordinate to the Commissioner are appointed to positions and dismissed from positions (in the event of termination of the employment contract at the initiative of the University Rector) with the consent of the Commissioner.
1.4. For the implementation of this Program, by decision of the University Rector (or the Supervisory Board in the event of its formation), responsible persons (hereinafter referred to as Responsible Persons) may be appointed in separate units of the University without the status of a legal entity.
Responsible persons perform the duties and exercise the rights provided for in this Program for the Commissioner within the activities of separate units of the University without the status of a legal entity in which they work.
The Commissioner, within the framework of the performance of his official duties, has the right to give oral and written instructions and demand their execution from the Responsible Persons and exercises control over the activities of the Responsible Persons.
2. Duties and rights of the Commissioner
2.1. Duties of the Commissioner:
1) to perform his duties impartially;
2) to organize the preparation, develop and submit for approval to the rector of the University internal documents of the University on the formation and implementation of this Program;
3) to organize the periodic assessment of corruption risks in the activities of the University;
4) to ensure interaction and coordination between the structural units of the University regarding the preparation, implementation and control over the implementation of measures provided for by this Program;
5) provide the rector of the University, vice-rectors and heads of structural units at all levels, and employees of the University with explanations and individual consultations related to the implementation of this Program and compliance with the requirements of anti-corruption legislation;
6) provide employees of the University or persons who are studying at the University or performing certain work on the basis of civil law agreements concluded with the University with methodological assistance and consultations on reporting possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption” and protection of whistleblowers, and conduct training on these issues;
7) ensure that the public is informed about the measures taken by the University to prevent corruption;
8) organize training events for University employees on the prevention and counteraction of corruption;
9) regularly, at least once every 2 years, improve their qualifications, initiate issues with the rector of the University regarding their professional training (advanced training);
10) take measures to identify conflicts of interest and facilitate their resolution, inform the rector of the University about the identification of conflicts of interest and the measures taken to resolve them;
11) organize and conduct inspections of the University’s business partners, inspections in merger and acquisition (accession) procedures;
12) participate in the University’s personnel selection procedures, in particular by initiating, organizing, and conducting inspections of candidates for positions;
13) check for corruption risks and approve payments and expenses related to charitable and sponsorship activities;
14) check for corruption risks and approve (sign) draft organizational and administrative documents and transactions of the University;
15) organize the work of internal channels for reporting possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption”;
16) receive and organize the consideration and verification of reports on possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption”;
17) participate in internal investigations conducted in accordance with this Program;
18) inform the Rector of the University about facts that may indicate the commission of corruption or corruption-related offenses and other violations of the requirements of the Law of Ukraine “On Prevention of Corruption” by vice-rectors and heads of structural units of all levels, employees, representatives of the University and higher education applicants;
19) in the event of detection of a corruption or corruption-related offense or receipt of a notification of the commission of such an offense by vice-rectors or heads of structural units of all levels, employees of the University, take measures to stop such an offense and immediately, within 24 hours, notify in writing a specially authorized entity in the field of combating corruption of its commission;
20) organize work and participate in an official investigation conducted in order to identify the causes and conditions that led to the commission of a corruption or corruption-related offense or failure to comply with the requirements of the Law of Ukraine “On Prevention of Corruption” in another way, upon submission of a specially authorized entity in the field of combating corruption or by order of the National Agency for the Prevention of Corruption;
21) cooperate with whistleblowers, ensure compliance with their rights and guarantees of protection stipulated by the Law of Ukraine “On Prevention of Corruption”;
22) inform whistleblowers about their rights and obligations stipulated by the Law of Ukraine “On Prevention of Corruption”, as well as about the status and results of consideration, verification and/or investigation of the information reported by them;
23) inform the National Agency for the Prevention of Corruption in the event that the University’s personnel department fails to send a certified paper copy of the administrative document on the imposition of disciplinary sanctions and an information card to the administrative document on the imposition (cancellation of the administrative document on the imposition) of disciplinary sanctions on a person for committing corruption or corruption-related offenses for entering information into the Unified State Register of Persons Who Committed Corruption or Corruption-related Offenses;
24) verify the fact of submission of declarations by the entities declaring and notify the National Agency for the Prevention of Corruption of cases of failure to submit or untimely submission of such declarations in the manner prescribed by law;
25) ensure the formation and maintenance of registers:
– employees of the University held liable for violation of the requirements of this Program, commission of a corruption offense or an offense related to corruption, other violations of the Law of Ukraine “On the Prevention of Corruption”;
– checks of business partners, checks of candidates for positions, checks in merger and acquisition (addition) procedures conducted in accordance with this Program;
– internal investigations conducted in accordance with this Program;
– reports of conflict of interest, commission of a corruption offense or an offense related to corruption, other violation of the Law of Ukraine “On the Prevention of Corruption”, violation of the requirements of this Program;
– business hospitality and gifts;
26) ensure supervision, control and monitoring of compliance with this Program, anti-corruption legislation;
27) assess the results of the implementation of measures provided for by this Program;
28) ensure the preparation of a report on the status of implementation of this Program;
29) participate in cooperation with state authorities, local governments, other legal entities, non-governmental and/or international organizations on corruption prevention issues;
30) perform other official duties provided for by the Law of Ukraine “On Prevention of Corruption”, this Program, internal documents of the University adopted in implementation of the Law of Ukraine “On Prevention of Corruption” and this Program, in particular those aimed at considering whistleblower reports and ensuring compliance with their rights and guarantees of protection.
2.2. The Commissioner’s rights:
1) receive from officials of all levels, employees and representatives of the University oral and written explanations regarding circumstances that may indicate a violation of the requirements of the Law of Ukraine “On Prevention of Corruption” and this Program regarding the prevention and settlement of conflicts of interest and other stipulated requirements, restrictions and prohibitions, as well as on other issues related to the implementation of this Program;
2) summon and interview persons whose actions or inaction relate to the facts reported by the whistleblower, including officials of all levels of the University;
3) have, taking into account the restrictions established by law, access to documents and information managed by the University, which are necessary to perform the duties assigned to it, make or receive copies of them;
4) request from other structural units of the University information, documents or copies thereof, including those containing information with restricted access (except for state secrets), which are necessary to perform the duties assigned to it;
5) process information, including personal data, in compliance with the legislation on access to personal data;
6) gain access to warehouse, production and other premises of the University if necessary;
7) gain access to the electronic means of storage and processing of data available at the University, which are necessary for the performance of the duties assigned to him, and if necessary, to require the execution of the relevant data on paper;
8) sign and send information requests to state authorities, local governments, enterprises, institutions, organizations of all forms of ownership, separate units of the University without the charter of a legal entity to obtain from them information and materials directly related to the performance of the duties of the Commissioner;
9) sign and send letters to the National Agency for the Prevention of Corruption or other specially authorized entities in the field of combating corruption with reports of the commission of corruption or corruption-related offenses, other violations of the Law of Ukraine “On the Prevention of Corruption”;
10) exercise control over the activities of Responsible Persons in separate divisions of the University without the status of a legal entity, give them instructions, orders and demand their execution;
11) contact the National Agency for the Prevention of Corruption regarding the violated rights of the whistleblower and his relatives;
12) determine from among the employees subordinate to him a separate person responsible for the implementation of the powers of the Commissioner for the Protection of Whistleblowers;
13) exercise other powers specified by the Law of Ukraine “On the Prevention of Corruption” aimed at comprehensive consideration of reports of corruption or corruption-related offenses and other violations of the requirements of the Law of Ukraine “On the Prevention of Corruption”, including reports of whistleblowers, protection of their rights and freedoms;
14) initiate inspections on the grounds provided for by the Law of Ukraine “On the Prevention of Corruption” and this Program;
15) initiate internal investigations in connection with a possible violation of the Law of Ukraine “On Prevention of Corruption” and this Program;
16) submit to the Rector of the University a proposal to bring to disciplinary responsibility persons guilty of violating the Law of Ukraine “On Prevention of Corruption” and this Program;
17) participate in meetings of working groups and commissions of the University on issues within the competence of the Commissioner;
18) initiate meetings on issues of prevention and detection of corruption, implementation of this Program;
19) involve employees of the University in the performance of their powers with the consent of the Rector of the University;
20) submit proposals for the consideration of the Rector/Supervisory Board of the University to improve the work of the Commissioner;
21) to address the rector of the University, vice-rectors and heads of structural units of the University at all levels on issues of exercising their powers and performing official duties;
22) other rights stipulated by the Law of Ukraine “On Prevention of Corruption”, this Program, employment contract, job description of the Commissioner, other internal documents of the University.
3. Guarantees of the Commissioner’s independence
3.1. The Commissioner shall perform his functions at the University independently. Interference in the activities of the Commissioner by the founders (participants), the rector of the University, vice-rectors and heads of structural units at all levels, employees, representatives, business partners of the University, as well as other persons is not allowed.
3.2. Interference should be understood as:
1) refusal to provide the Commissioner with information, documents, access to information and documents that the Commissioner has the right to receive;
2) any influence on the Commissioner’s decision-making and actions that is carried out outside the powers of the person exercising influence, provided for by the legislation, the University’s charter, decisions of the rector, vice-rectors or internal documents of the University (for example, providing instructions on the content of the conclusions that should be made by the Commissioner based on the results of the inspection of business partners; regarding the range of persons-subjects of declaration, reporting on the facts of untimely submission of declarations that cannot be sent to the National Agency for the Prevention of Corruption, etc.);
3) actions/inaction that cause restrictions or violations of the Commissioner’s rights (for example, unjustified refusal to provide annual leave according to the schedule; unjustified refusal to send for training/improvement of qualifications, provided for by the relevant plan-schedule; unjustified limitation of the amount or non-payment of incentive and compensation payments, provided for by labor and collective agreements, etc.);
4) actions/inaction that impede the performance of official duties by the Commissioner (for example, unjustified sending the Commissioner on a business trip away from the workplace; unjustified deprivation of the Commissioner of access to the workplace, personal computer; unjustified seizure of documents stored by the Commissioner; failure to provide the Commissioner with the material resources necessary to perform the tasks assigned to him, failure to provide access to the University’s office management system, means of communication, etc.);
5) assigning duties to the Commissioner, giving instructions on issues that do not belong to or go beyond the scope of his powers, as defined by the Law of Ukraine “On Prevention of Corruption” and this Program, and restricting his performance of official duties.
3.3. The Commissioner may not be dismissed or forced to be dismissed, brought to disciplinary responsibility or subjected by the rector of the University to other negative measures of influence (transfer, certification, change of working conditions, refusal to appoint to a higher position, reduction of salary, refusal to extend the employment contract, etc.) or the threat of such measures of influence in connection with the implementation of anti-corruption measures, the detection and reporting of possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption”.
Negative measures of influence also include formally lawful decisions and actions of the rector, vice-rectors and heads of structural units of the University, which are selective in nature, in particular, are not applied to other employees, managers in similar situations and/or have not been applied to the Commissioner in similar situations (under similar circumstances) before.
3.4. The application of disciplinary sanctions to the Commissioner is carried out with the prior consent of the Supervisory Board or the body to whose sphere of management the University belongs (hereinafter referred to as the Authorized Management Body).
3.5. The suspension of the Commissioner from the performance of official duties by the rector of the University is carried out with the prior consent of the Supervisory Board or the Authorized Management Body.
3.6. In the event of a violation of the guarantees of independence, the Commissioner shall notify the Supervisory Board of the University or the Authorized Management Body and, if necessary, the National Agency for the Prevention of Corruption.
3.7. The founders (participants), rector, vice-rectors and heads of structural units of the University are obliged to:
1) ensure the independence of the Commissioner;
2) provide the Commissioner with appropriate material and organizational working conditions (a separate office, a safe for storing documents, a workplace equipped with office furniture, computer equipment and organizational equipment, access to the Internet, stationery, communication equipment, an email account) and sufficient resources to perform the tasks assigned to him;
3) facilitate the Commissioner’s performance of the tasks stipulated by the Law of Ukraine “On Prevention of Corruption” and this Program; at the request of the Commissioner, provide information and documents necessary for the performance of the duties assigned to him, facilitate the conduct of internal investigations, ensure the involvement of employees/resources for the Commissioner and his subordinate employees to perform their duties;
4) respond within a reasonable time to written and oral appeals, proposals and recommendations of the Commissioner provided by them within the framework of the implementation of this Program.
1. In order to effectively prevent corruption in its activities, the University applies a risk-based approach and creates a risk management system that provides for regular assessment of corruption risks that may affect the activities of the University, taking measures necessary and sufficient to eliminate or minimize them, their further monitoring and control, as well as updating existing anti-corruption measures in accordance with changes in the internal and external environment of the University’s activities.
2. The University carries out periodic assessment of corruption risks in its activities, the purpose of which is:
1) identification of internal and external corruption risks in the business processes of the University;
2) assessment of the adequacy, relevance and effectiveness of existing measures to properly prevent, eliminate or minimize identified corruption risks;
3) analysis and assessment (determination of levels) of identified corruption risks;
4) prioritizing high-risk business processes, taking into account the nature and degree of vulnerability of these processes to corruption risks, levels of assessed corruption risks;
5) developing measures to effectively eliminate or minimize corruption risks in the University’s activities.
3. The organization of periodic assessment of corruption risks in the University’s activities is carried out by the Commissioner.
4. The University may carry out internal and/or external assessment of corruption risks.
Internal assessment of corruption risks is carried out by a working group formed from representatives of the University’s structural divisions.
External assessment of corruption risks is carried out by the University’s audit, legal, consulting or independent experts involved by the University.
5. The University carries out an assessment of corruption risks in its activities with a frequency of at least once every 2 years.
6. The University may make a decision to assess corruption risks in accordance with the procedure established by law.
7. Based on the results of the assessment of corruption risks in the activities of the University, a risk register is formed.
8. The risk register must contain:
1) identified corruption risks, areas (areas) of the University’s activities in which they are identified, their descriptions, sources, existing control measures, assessment of their adequacy, compliance and effectiveness;
2) levels of identified corruption risks;
3) proposals for measures to eliminate or minimize identified corruption risks (including updated/new anti-corruption measures at the University level and/or at the level of business processes), terms (deadlines) of their implementation, responsible units/executors, necessary resources, performance indicators).
9. The risk register, after its preparation based on the results of the corruption risk assessment, is submitted for approval to the rector (executive body or supervisory board) of the University.
10. The rector of the University approves the risk register and ensures the implementation of the measures envisaged by it, including by updating existing anti-corruption measures, and allocates the necessary resources for this.
11. At the request of the founder of the University, the risk register is brought to his attention.
12. The risk register is provided for implementation to the responsible units/executors, and can also be posted on the University website (if available) https://kpi.ua/program-anticor for familiarization with all interested parties.
13. The Commissioner monitors the implementation of measures to eliminate or minimize the identified corruption risks, prepares and submits reports on the status of implementation of measures in the manner and within the terms specified by this Program.
1. Periodic training on corruption prevention and detection
1.1. In order to form an appropriate level of anti-corruption culture, the Commissioner ensures the organization of mandatory familiarization with the provisions of the Law of Ukraine “On Corruption Prevention”, this Program and internal documents of the University adopted for its implementation for newly appointed employees, representatives of the University and persons who are studying at the University or performing certain work.
1.2. The University ensures proper and sufficient communication of the provisions of this Program and internal documents of the University in the field of corruption prevention and counteraction, changes in anti-corruption legislation and the practice of its application to all employees, representatives and business partners of the University by means of information (communications), in particular through official Internet sources.
1.3. The Commissioner is responsible for informing on corruption prevention and detection.
1.4. The University provides periodic advanced training (training) for the rector, vice-rectors and heads of structural units at all levels, employees, the Commissioner and, if necessary, representatives of the University.
1.5. The Rector of the University and the Commissioner undergo advanced training (training) on the prevention and detection of corruption at least once every 2 years.
1.6. Scheduled training of other University officials is carried out in accordance with:
1) the thematic plan-schedule approved by the Rector of the University for each year, which is prepared by the Commissioner;
2) separate documents that are brought to the University’s implementation.
1.7. Anti-corruption training programs (basic and advanced) are implemented both remotely and in person.
1.8. The topic and form of educational events (seminars, lectures, workshops, trainings, individual classes, webinars, etc.) are determined taking into account:
1) changes in legislation;
2) proposals of the founders (participants), the rector, officials of all levels, employees of the University;
3) results of monitoring/assessment of the implementation of this Program;
4) results of periodic assessment of corruption risks in the activities of the University;
5) results of inspections and internal investigations;
6) results of inspections of compliance with anti-corruption legislation conducted by the National Agency for the Prevention of Corruption.
1.9. In the event of detection of facts of corruption offenses in the activities of the University, the Commissioner forms a list of employees who participate in the implementation of high-risk business processes and must undergo mandatory extraordinary training, and also forms and implements the appropriate training program.
1.10. The training is completed by testing the participants for the level of assimilation of educational information or by other means of initial knowledge control.
1.11. The Commissioner keeps records of training activities in the field of preventing and detecting corruption, records of those present at such events and assesses their effectiveness.
2. Provision of explanations and consultations to employees by the Commissioner
2.1. In case of questions regarding the clarification of individual provisions of this Program, the rector of the University, vice-rectors and heads of structural units at all levels, employees and representatives of the University may contact the Commissioner for oral or written explanations or consultations.
2.2. The Commissioner provides explanations or consultations within a reasonable time, but no more than 10 days from the date of receipt of the application. If it is impossible to provide an explanation or consultation within the specified period, the Commissioner may extend the period for considering the application, which must be notified to the person who requested the explanation or consultation. The total period for considering the application may not exceed 30 days from the date of its receipt by the Commissioner.
2.3. The Commissioner summarizes the most common questions addressed to him, answers to them and places generalized explanations (consultations, etc.) of an informational nature on resources publicly available to University employees and/or distributes them in another way (for example, by e-mail).
2.4. The Commissioner may also choose other forms of providing explanations and consultations on the implementation of this Program and anti-corruption legislation (memorandums, guidelines, video appeals, etc.).
1. Prevention and resolution of conflicts of interest
1.1. The University strives to ensure that conflicts of interest do not have an adverse impact on the interests of the University, as well as the interests of its partners, employees, higher education students, clients/customers, founder(s)/participants(s) by preventing, identifying and resolving conflicts of interest.
1.2. The University carries out prevention and resolution of conflict of interest situations based on the following principles:
1) mandatory reporting by employees of situations that have signs of a conflict of interest;
2) prevention of the occurrence of a conflict of interest;
3) individual approach when considering and assessing each individual case that has signs of a conflict of interest.
1.3. University employees are obliged, no later than the next working day from the day they learned or should have learned about the presence of a real or potential conflict of interest, to notify their immediate supervisor and the Commissioner in writing, not to take actions or make decisions in conditions of a real conflict of interest and to take measures to resolve a real or potential conflict of interest.
1.4. In the event of a real or potential conflict of interest arising for the University Rector, he shall notify the Commissioner in writing and the person or body (including a collegial one) whose powers include dismissal/initiation of dismissal from the position of the University Rector.
1.5. In the event of a real or potential conflict of interest arising for a representative of the University, he shall notify the Commissioner in writing.
1.6. In the event of a real or potential conflict of interest in the Commissioner, he shall notify the Rector of the University, the Ministry of Education and Science of Ukraine/the Supervisory Board of the University in writing if the Commissioner is accountable and controlled by the Supervisory Board of the University).
1.7. The person’s immediate supervisor, within two working days after receiving notification of the presence of a real or potential conflict of interest in his subordinate, shall make a decision, taking into account the recommendations of the Commissioner, on the method of resolving the conflict of interest, which he shall notify the employee.
1.8. The immediate supervisor who becomes aware of a conflict of interest in his subordinate (including in the event of independent identification of a conflict of interest in his subordinate without making a corresponding notification), shall be obliged to inform the Commissioner and take measures provided for by this Program to prevent and resolve the conflict of interest.
1.9. Conflict of interest shall be resolved by one of the following measures (separately or in combination):
1) removing an employee from performing a task, taking action, making a decision or participating in its adoption in conditions of a real or potential conflict of interest;
2) applying external control over the person’s performance of the relevant task, taking certain actions or making decisions;
3) restricting the employee’s access to certain information;
4) reviewing the scope of the employee’s job (functional) responsibilities;
5) transferring the employee to another position;
6) dismissing the employee.
1.10. The procedure for applying measures to resolve conflicts of interest and its features for different categories of persons are established by the Commissioner, taking into account the following requirements:
1) the transfer of an employee to another position is applied only with his consent if the real or potential conflict of interest in the employee’s activities is permanent and cannot be resolved in another way and if there is a vacant position that, by its characteristics, corresponds to the personal and professional qualities of the employee;
2) the dismissal of an employee from the position held due to the presence of a conflict of interest is carried out if the real or potential conflict of interest in his activities is permanent and cannot be resolved in another way, including due to the employee’s lack of consent to the transfer or deprivation of a private interest;
3) in the event of a potential or real conflict of interest in a representative of the University, the legal relationship with him is terminated. If the conflict of interest of a representative of the University is permanent, the representative of the University shall be included in the list of persons whose services shall not be used and/or for whose benefit payments shall not be made.
1.11. The decision to resolve the conflict of interest in the activities of the rector of the University shall be made by a person or body (including a collegial body) whose powers include dismissal/initiation of dismissal from the position of the rector of the University, within two working days after receiving the notification. The person concerned and the Commissioner shall be immediately notified of the decision.
1.12. University employees may independently take measures to resolve the conflict of interest by depriving themselves of the relevant private interest with the provision of supporting documents directly to the head and the Commissioner.
1.13. The Rector of the University may independently take measures to resolve the conflict of interest by depriving the relevant private interest with the provision of supporting documents to the Commissioner, as well as to the person or body (including a collegial one) whose powers include dismissal / initiation of dismissal from the position of the Rector of the University.
1.14. In the event of a real or potential conflict of interest in a person who is a member of a collegial body (the University’s management body (Supervisory Board, Academic Council), commission, working group, etc.), during the resolution of the issue by this body, such person shall notify the relevant collegial body and the Commissioner in writing.
1.15. The specified person is prohibited from:
1) participating in the preparation of documents for the collegial body to make a decision on the relevant issue;
2) participate in the consideration (discussion) of the relevant issue;
3) vote on the relevant issue.
1.16. If the non-participation of a member of the University’s collegial body will result in the loss of the authority of this body, such person’s participation in decision-making must be carried out under external control. The decision to exercise external control is made by the relevant collegial body.
1.17. External control is carried out through the participation of the Commissioner in the work of the collegial body in the status of an observer without the right to vote.
1.18. Typical situations of a conflict of interest may be:
1) participation in the adoption or adoption of a decision on the conclusion of an employment contract, promotion, determination of the terms of remuneration and application of financial incentives, imposition of penalties in relation to one’s close person;
2) conclusion of transactions with close persons on behalf of the University;
3) participation of a person subject to the requirements of this Program in making or adopting a decision that may affect the receipt of benefits by another business entity, over whose business decisions such person or his/her close person exercises actual control, in which such person or his/her close person are founders (participants), employees, receive or have received remuneration or gifts, have undergone or are undergoing training;
4) registration by a person subject to the requirements of this Program as an individual entrepreneur or the formation by such person of a legal entity that provides services/performs work identical to those provided/performed by the University;
5) performance of functions of a senior manager in another legal entity whose interests may conflict with the interests of the University;
6) acceptance or participation in the acceptance by a person subject to the requirements of this Program of decisions regarding himself, in particular regarding remuneration, provision of any material or non-material benefit, conducting an internal/service investigation;
7) assessment by a person of the knowledge and skills of higher education applicants/applicants who are in family or friendly relations with the person.
3. Interaction with business partners
3.1. The University seeks to cooperate with business partners who carry out their activities legally and ethically, interaction with whom does not pose corruption risks for the University.
3.2. The University informs business partners before establishing business relations with them about the principles and requirements of the University in the field of preventing and combating corruption, which are provided for by this Program, other policies developed for its implementation, including the procedure for verifying business partners.
3.3. The University conducts a check of potential business partners (before the date of the transaction) and existing business partners (after establishing legal relations with them).
3.4. The Commissioner shall conduct a check of potential or existing business partners of the University. Other structural divisions of the University may also be involved in the check.
3.5. The criteria, grounds, procedure and frequency of the check of business partners of the University are determined in the internal documents of the University, which are developed by the Commissioner and approved by the Rector of the University.
3.6. The check procedures, frequency of checks and criteria for selecting business partners are determined depending on the scope and place of activity, the structure of the University, the nature and level of corruption risks that may arise in relations with a business partner.
3.7. The University’s business partners are checked for the following purposes:
1) checking the business reputation of the business partner for tolerance of corruption, namely: whether the business partner has a reputation of an entity whose activities are related to corruption (even in the absence of relevant court decisions), and whether the business partner will act as an intermediary for transferring to third parties (or for receiving from third parties) an unlawful benefit;
2) checking whether the business partner has an anti-corruption program (or other anti-corruption policies), the status of its (their) actual implementation, willingness (or refusal) to comply with the principles and requirements of the University, as well as anti-corruption of the legislation;
3) identification of possible corruption risks in connection with the commission (performance) of a transaction;
4) minimizing the likelihood of committing or verifying possible facts of committing a corruption or corruption-related offense, other violation of anti-corruption legislation during the establishment and/or implementation of legal relations with a business partner.
3.8. In the event of reasonable doubts about the business reputation of a business partner, which may lead to corruption risks for the University, the University reserves the right to refuse a potential/existing business partner to establish/continue business relations, taking into account the requirements of the legislation, in particular the Law of Ukraine “On Public Procurement”.
3.9. Materials of verification of business partners are stored for at least 5 years.
3.10. Anti-corruption clauses may be included in agreements (contracts) that the University concludes with business partners. The purpose of the anti-corruption clause is to provide the University with guarantees of compliance with the anti-corruption legislation applicable to it and to obtain similar guarantees from the business partner.
The wording of the anti-corruption clauses is developed by the Commissioner taking into account the areas of activity of the University.
4. Business hospitality policy and procedures. Gifts
4.1. The University, taking into account the requirements of the legislation, determines the general policy and procedures for providing and accepting business hospitality and gifts.
4.2. The Rector, officials of all levels, employees, representatives of the University are obliged to refrain from offering business hospitality, gifts to officials, their relatives, actual or potential business partners, their employees or representatives, if such business hospitality, gifts can be regarded as an incitement or readiness to commit a corruption offense related to the activities of the University.
4.3. Giving and receiving gifts, as well as providing and accepting business hospitality within the framework of establishing or maintaining business relations or to achieve another purpose of the University’s activities, is allowed if it meets the following criteria:
1) is not intended to influence the objectivity of any decision regarding the conclusion of transactions, provision or receipt of services, information, or any other benefits for the University;
2) is not a hidden improper benefit (for example: conducting an assessment of knowledge; in order to receive or continue to receive commercial orders or an improper advantage);
3) complies with generally accepted notions of hospitality (for example, a gift is a souvenir);
4) is not prohibited by the legislation of the state in which they are provided and/or accepted;
5) the value does not exceed the limits established by law and the University;
6) is not prohibited in accordance with the internal documents of the recipient organization and does not exceed the value established by such documents;
7) disclosure of the gift, business hospitality will not create a risk to the business reputation of the University or the person who received the gift, business hospitality;
8) gifts, business hospitality are justified, not excessive and appropriate in the context of establishing/maintaining business relationships.
4.4. It is not allowed to give and receive gifts in the form of money (cash or non-cash), cash equivalents (gift cards or gift vouchers).
4.5. In case of doubts about the acceptability of a gift, business hospitality, employees must contact the Commissioner in accordance with the procedure specified in this Program for advice and/or clarification.
4.6. The facts of providing (providing) or receiving a gift / business hospitality within the framework of generally accepted ideas about hospitality shall be reported to the Commissioner by the rector, vice-rectors and heads of structural units, officials of all levels, employees, representatives of the University within one working day in accordance with the procedure established by the University.
5. Charitable and sponsorship activities
The University, as a state institution maintained at the expense of budget funds, does not carry out charitable and sponsorship activities at the expense of other persons.
6. Support of political parties
The University does not support political parties in accordance with the requirements of the Law of Ukraine “On Higher Education”.
7. Verification during the execution of merger or acquisition transactions
The decision on organizational changes of the University (merger, division, acquisition, liquidation) is made by the central executive body in the field of education and science.
8. Screening of candidates for positions
8.1. In order to implement this Program, the University, within the framework of personnel selection procedures, conducts screening of candidates for positions that are vulnerable to corruption risks.
8.2. Screening of candidates for positions is carried out in order to:
1) establish whether the conclusion of an employment contract with a candidate does not cause corruption risks for the University;
2) establish whether the conclusion of an employment contract with a candidate will not lead to a violation of anti-corruption legislation;
3) make sure that the candidate undertakes to comply with the requirements of this Program.
8.3. The decision to conclude an employment contract is made taking into account the requirements of anti-corruption legislation.
8.4. The Commissioner shall carry out checks on candidates for positions vulnerable to corruption risks. Based on the results of the check, the Commissioner shall prepare a reasoned conclusion for the rector of the University on the presence or absence of corruption risks.
8.5. The procedure for checking candidates for positions and the list of positions vulnerable to corruption risks shall be determined by the University.
8.6. The materials of the check of candidates for positions vulnerable to corruption risks shall be stored in personal files for the entire period of their storage.
1. Reporting possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption”
1.1. The University creates favorable conditions for whistleblowers and forms respect for whistleblowers as part of the business culture of the University.
1.2. The University provides whistleblowers with conditions for reporting possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption” (hereinafter referred to as Reports) by:
1) mandatory creation and ensuring the functioning of channels through which a person can make a Report, while guaranteeing their anonymity (hereinafter referred to as Report Channels), if necessary – through the Unified Portal of Whistleblower Reports;
2) determination in accordance with the Law of Ukraine “On Prevention of Corruption” of internal procedures and mechanisms for accepting and considering Reports, checking and properly responding to them;
3) provision of methodological assistance and consultations on making a Report to potential whistleblowers;
4) implementation of mechanisms for encouraging and forming a culture of Reporting;
5) observance of the rights and guarantees of protection of whistleblowers.
1.3. Whistleblowers independently determine which Reporting Channels to use for Reporting.
1.4. Whistleblowers are guaranteed confidentiality in accordance with the procedure and under the conditions specified by the Law of Ukraine “On Prevention of Corruption”.
1.5. A person may make a Reporting without indicating authorship (anonymously).
1.6. Information about Reporting Channels is brought to the attention of all employees, including during hiring, and is posted on the University’s information stands and on the University’s website (https://kpi.ua/anticor).
1.7. The University encourages business partners to report through the Reporting Channels any known facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption” by the rector, vice-rectors and heads of structural units of all levels, employees and representatives of the University.
1.8. The report must contain factual data confirming the possible commission of a corruption or corruption-related offense, other violation of the Law of Ukraine “On Prevention of Corruption”, which can be verified.
1.9. An anonymous Report is subject to consideration if the information provided in it concerns a specific person, contains factual data that can be verified.
1.10. Means of promotion The Report is implemented by the University through:
1) approval of internal documents of the University, which determine the forms of promotion, organizational principles of the functioning of the promotion mechanism;
2) providing methodological assistance and consultations on the implementation of the Report;
3) moral and material encouragement of whistleblowers.
1.11. Means of forming a culture of Reporting are implemented by the University through:
1) approval of internal documents of the University on ethical behavior at the University, in particular, the formation of respect for whistleblowers as responsible citizens;
2) conducting internal training on the formation of a culture of Reporting;
3) systematic implementation of educational and communication activities.
2. Rights and guarantees of protection of a whistleblower
2.1. Whistleblower is an honorary right of every employee of the University.
2.2. A whistleblower has the rights and guarantees of protection provided for in Articles 53-3 – 53-8 of the Law of Ukraine “On Prevention of Corruption”, in particular:
1) submit evidence to support his Report;
2) receive confirmation of acceptance and registration of the Report;
3) to confidentiality;
4) to receive information about the status and results of consideration, verification and/or investigation of information upon the fact of the information reported by him/her;
5) to be exempted from legal liability for making a Report, disseminating the information specified in the Report, despite the possible violation of his/her labor, civil or other duties or obligations by such Report;
6) to be exempted from civil liability for property and/or moral damage caused as a result of making a Report, except in the case of a knowingly false report.
2.3. The rights of a whistleblower arise from the moment of making a Report, which contains factual data confirming the possible commission of a corruption or corruption-related offense, other violation of the Law of Ukraine “On Prevention of Corruption”, which can be verified.
2.4. The whistleblower is provided with guarantees of protection of his/her rights in accordance with the procedure and on the terms established by the Law of Ukraine “On Prevention of Corruption”.
2.5. It is prohibited to disclose information about the identity of the whistleblower, his/her close relatives or other data that may identify the identity of the whistleblower, his/her close relatives to third parties who are not involved in the consideration, verification and/or investigation of the facts reported by him/her, as well as to persons whose actions or inaction are related to the facts reported by him/her, except in cases established by law.
2.6. Access to information about whistleblowers is only available to the Rector of the University, the Authorized and employees designated by him who are involved in the process of accepting and considering Reports at the University.
2.7. In the event of a leak of confidential information about a whistleblower, the Commissioner, the rector of the University, upon the application of such a person or on his own initiative, must immediately take all measures to avoid negative consequences for the whistleblower associated with such disclosure.
2.8. The University prohibits intimidation, humiliation or persecution of whistleblowers, the application of other negative measures of influence to them (refusal to hire; dismissal or coercion to dismiss; disciplinary action; other measures, including formally lawful decisions and actions that are selective in nature, in particular, are not applied to other employees in similar situations and/or have not been applied to the employee in similar situations before) or threats to apply such measures of influence.
2.9. The Whistleblower may not be dismissed or forced to resign, held disciplinary accountable, subjected to other negative measures of influence or the threat of such measures of influence in connection with the Report.
2.10. The Rector of the University, Vice-Rectors and Heads of Structural Units at all other levels, the Commissioner, within the limits of their powers, shall ensure conditions for the protection of whistleblowers.
2.11. The rights and guarantees of protection of whistleblowers shall extend to the whistleblower’s close relatives.
3. Reporting of possible facts of violations of this Program
3.1. Employees and persons studying at the University or performing certain work, representatives, as well as business partners of the University may report any signs of violations of this Program, facts of incitement of employees, managers, officials of all levels of the University to commit corruption or corruption-related violations, other violations of the Law of Ukraine “On Prevention of Corruption” directly to the Rector of the University, the Authorized Person by sending an electronic message to the e-mail address anticor@kpi.ua or to the Rector of the University, or by sending an electronic message to the University’s e-mail address mail@kpi.ua. The University may also provide for other methods of transmitting and receiving information.
3.2. The procedure for considering such reports, interaction with the applicant, guarantees of ensuring the confidentiality of information about the applicant and protection of his rights are determined by the internal document of the University.
4. Conducting internal investigations
4.1. In the event of a Report or detection of signs of a corruption or corruption-related offense committed by the Vice-Rector and/or the head of a structural unit, an employee or representative of the University, or another violation of the Law of Ukraine “On Prevention of Corruption” or this Program, the Commissioner shall conduct a preliminary verification of the received (discovered) information in accordance with the requirements of the Law of Ukraine “On Prevention of Corruption” and internal documents of the University.
4.2. If the received (discovered) information about the commission of a corruption or corruption-related offense, or other violation of the Law of Ukraine “On Prevention of Corruption” concerns the actions or inaction of the University Rector, the Commissioner shall, without conducting a preliminary check, send such information within three days to the entity authorized to consider or investigate it, taking into account the subjectivity defined by Article 216 of the Criminal Procedure Code of Ukraine and the provisions stipulated by Article 255 of the Code of Ukraine on Administrative Offenses, and shall send a copy of the relevant letter to the National Agency for the Prevention of Corruption, if it is not the entity authorized to consider the information.
The received (discovered) information shall also be sent to the entity whose powers include the appointment (election) and dismissal from the position of the University Rector.
4.3. In the event of a Report or the detection of signs of a corruption or corruption-related offense committed by the Authorized Person, or other violation of the Law of Ukraine “On Prevention of Corruption” or this Program, a preliminary verification of such information is carried out in accordance with the internal documents of the University.
4.4. Based on the results of the preliminary verification, the following decision(s) is made:
1) to take measures to stop the detected violation;
2) to appoint an internal investigation in case of confirmation of the facts (detected) set forth in the Report or the need for further clarification of their authenticity;
3) in the event of detection of signs of a corruption or corruption-related offense, to immediately, within 24 hours, notify in writing a specially authorized entity in the field of combating corruption about its commission;
4) to close the proceedings in case of failure to confirm the facts (detected) set forth in the Report.
4.5. The purpose of an internal investigation is to verify factual data on the possible commission of a corruption or corruption-related offense, other violation of the Law of Ukraine “On Prevention of Corruption” or this Program.
4.6. Internal investigation on is conducted by a commission.
4.7. The commission must include the Commissioner, except in cases where the investigation is appointed as a result of the discovery of facts or receipt of information about the Commissioner committing a corruption or corruption-related offense, other violation of the Law of Ukraine “On Prevention of Corruption” or this Program.
4.8. All officials and employees of the University, regardless of their position, are obliged to facilitate the internal investigation, as well as provide the necessary available documents and materials.
4.9. An official or employee of the University, in respect of whom an internal investigation is being conducted, may be temporarily suspended from work (if there are grounds provided for by law) or otherwise restricted in access to material, information and other resources of the University for the duration of the internal investigation based on the decision of the Rector of the University or, if the investigation concerns the Rector of the University, based on the decision of the body whose powers include the appointment (election) and dismissal from the position of the Rector of the University.
4.10. Based on the results of the internal investigation, the following decision(s) shall be made:
1) to take measures to terminate the detected violation;
2) to apply disciplinary action to the guilty persons;
3) to determine the methods of eliminating the causes and conditions of the violation, the consequences caused by it, to take measures to prevent such violations in the future;
4) to take measures to restore the rights and legitimate interests of individuals and compensate for losses and harm caused to individuals and legal entities as a result of the violations;
5) to transfer the materials to the pre-trial investigation body in case of establishing signs of a criminal offense or to other bodies authorized to respond to the detected offenses.
4.11. The term for conducting an internal investigation shall not exceed 30 (thirty) calendar days from the date of completion of the preliminary inspection. If it is impossible to verify the reported (discovered) information within the specified period, the Rector of the University extends the term of the internal investigation up to 45 days.
4.12. The procedure for conducting internal investigations is determined by the University.
4.13. The Commissioner has access to the materials of the conducted internal investigations, which are stored for at least 5 years.
5. Disciplinary liability for violation of this Program
5.1. For violation of the provisions of this Program, disciplinary measures are applied to University employees in accordance with the legislation, internal regulations of the University, and provisions of employment contracts.
5.2. The University’s Human Resources Department sends to the National Agency for the Prevention of Corruption a certified paper copy of the decision (order) of the University Rector on the imposition of disciplinary action and an information card to the administrative document on the imposition (cancellation of the administrative document on the imposition) of disciplinary action on a person for committing corruption or corruption-related offenses in order to enter information on the imposition of disciplinary action for committing a corruption or corruption-related offense into the Unified State Register of Persons Who Committed Corruption or Corruption-related Offenses.
5.3. The University Rector ensures that measures are taken for committing a corruption or corruption-related offense.
1. Supervision and control
1.1. The Commissioner shall supervise and constantly monitor compliance with this Program by the rector of the University, vice-rectors and heads of structural units at all levels, employees and representatives of the University and applicants for higher education.
1.2. The Commissioner shall supervise and monitor compliance with this Program by:
1) reviewing and responding to Notifications;
2) conducting inspections of the activities of University employees regarding the implementation (implementation) of this Program;
3) conducting inspections of organizational and administrative documents, transactions, other documents of the University, the University provided for by this Program, as well as their projects for the presence of corruption risks;
4) conducting periodic monitoring of the implementation of this Program.
1.3. The University may determine the procedure for conducting scheduled and unscheduled inspections of the activities of University employees, the procedure for conducting document inspections, as well as additional forms of supervision and control over compliance with this Program, taking into account the specifics of its activities.
1.4. If, during supervision or control over compliance with this Program, the Commissioner discovers signs of a corruption or corruption-related offense, the Commissioner shall initiate an internal investigation before the rector of the University in accordance with the procedure provided for in this Program and internal documents of the University.
1.5. The authorized department shall prepare a report on the results of monitoring the implementation of this Program (hereinafter referred to as the Report) no less than once every 6 months within the time limits and in the manner determined by the rector of the University. Such a report shall be equated with an annual assessment of the results of the implementation of measures provided for in this Program.
In the event that there are Responsible Persons in separate divisions of the University, to whom the powers of the Commissioner for Anti-Corruption Activities are delegated, the Responsible Persons shall ensure the preparation of a consolidated Report.
1.6. The Report shall include information on:
1) the status of implementation of measures specified in this Program;
2) the results of the implementation of measures specified in this Program;
3) identified violations of the requirements of the Law of Ukraine “On Prevention of Corruption”, this Program, measures taken to eliminate such violations and prevent their commission in the future;
4) the number of inspections, internal investigations conducted, their results;
5) facts of violation of the guarantees of the Commissioner’s independence;
6) the status of implementation of measures aimed at eliminating or minimizing corruption risks;
7) conducted training activities on the prevention and detection of corruption and the status of assimilation of the knowledge obtained;
8) cooperation with whistleblowers;
9) newly identified corruption risks;
10) proposals and recommendations.
1.7. The Report may contain other information related to the implementation of this Program.
1.8. The summarized results of monitoring the implementation of this Program are posted in the general public access for University employees, as well as on the official website of the University.
1.9. The Commissioner ensures that at least once a year the organization of the assessment of the results of the implementation of the measures provided for in this Program is organized.
1.10. The assessment results are summarized by the Commissioner in a written report, which he submits to the Rector of the University, the Supervisory Board and the founders of the University.
1.11. The assessment of the results of the implementation of the measures provided for in this Program is carried out according to the criteria determined by the Commissioner and must contain information in a volume not less than that provided for in the Report.
2. Amendments to this Program
2.1. The Rector of the University ensures the organization of feedback mechanisms and other internal processes aimed at supporting and continuously improving this Program.
2.2. This Program is revised in the following cases:
1) based on the results of:
– assessment of corruption risks in the activities of the University;
– supervision and control over compliance with this Program, as well as assessment of the results of the implementation of the measures provided for by it;
2) in the event of amendments to the legislation, including anti-corruption legislation, that affect the activities of the University;
3) in the event of changes in the organizational structure and business processes of the University (if necessary).
2.3. The initiator of amendments to this Program may be the Commissioner, as well as the Rector of the University, the Supervisory Board, officials of all levels, and employees of the University.
2.4. Proposals for amendments to this Program shall be submitted to the Commissioner, who shall study and systematize them.
2.5. Once a year, the Commissioner shall provide the University Rector with a summary of proposals for amendments to this Program and shall provide his recommendations for their consideration or rejection.
2.6. The University Rector, having received from the Commissioner a summary of proposals for amendments to this Program, shall initiate their open discussion by the employees (labor collective).
2.7. In cases where the Commissioner insists on urgent amendments to this Program, the University Rector shall, as soon as possible, but no later than 10 days from the date of receipt of such proposals, initiates the appropriate discussion.
2.8. In the event of approval of proposals for amendments to this Program by employees (labor collective) of the University, the Rector of the University shall, by his decision (order), approve the relevant amendments, which are an integral part of this Program.
2.9. Amendments to this Program may not establish standards and requirements lower than those provided for by the Law of Ukraine “On Prevention of Corruption” and the Standard Anti-Corruption Program of a Legal Entity, approved by order of the National Agency for the Prevention of Corruption.