1) Policy Statement
1.1 DMI is committed to applying the highest standards of ethical conduct and integrity in its educational and business activities in Ukraine and overseas. Every employee, student and individual acting on DMI’s behalf is responsible for maintaining our reputation and for operating honestly, ethically and professionally.
1.2 We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our educational procedures and relationships wherever we operate. Any students or members who are involved in any such activities will be internally investigated, disciplined and punished to the maximum severity possible. Thereafter, the transgressor will be referred to the relevant external regulatory bodies to be dealt with, such as Dnipropetrovskyi County Administrative Court.
1.3 The purpose of this policy statement is to:
a) set out our responsibilities, and of students, employees or those providing services for us, (which for the purpose of the Bribery Act includes service providers of the DMI), in observing and upholding our position on bribery and corruption;
b) provide information and guidance as to how we expect students, employees and those working for us to conduct themselves and how to recognise and deal with bribery and corruption issues; and
c) how to raise concerns with us including any breaches of this policy statement
1.4 DMI’s Board and Executive Committee are committed to implementing and enforcing effective systems throughout DMI.
2) What is bribery?
A bribe, broadly, is an inducement or reward offered, requested, promised or provided in order to gain any commercial, contractual, regulatory or personal
advantage. This can be in the context of giving or receiving. An offence is committed when the bribe is coupled with an intention of inducing, a reward for or in anticipation for a person to improperly perform their function or if the request, agreement to accept or acceptance of the bribe itself constitutes or is believed to constitute the improper performance of an activity. In addition, offering a bribe to a foreign public official to induce that public official to obtain or retain academic or business or an advantage in the conduct of business (and that is not permitted by local laws), will also be an offence.
3) Responsibilities
The prevention, detection and reporting of bribery and other forms of corruption is the responsibility of all those working for us, or supplying services to us, or under our
control.
4) Gifts and Hospitality
4.1 DMI permits normal and appropriate corporate entertainment, gifts, hospitality and promotional expenditure (given and received) to or from third parties that is undertaken:
a) for the purpose of establishing and maintaining good academic and business relationships
b) to improve the image and reputation of DMI
c) to present DMI’s goods/services effectively
Provided that it is:
a) in good faith
b) not offered, promised or accepted to secure an advantage for its employees or associated persons or to influence the impartiality of the recipient
4.2 The giving of gifts by DMI employees with an approximate value of 50 Ukrainian Hryvnia or higher (or the local equivalent outside the Ukraine) is prohibited unless they have been given prior
approval by their Head of Department. With regard to our employees receiving gifts, unless approval has been provided by the appropriate Head of Department, gifts that
exceed a 50 Ukrainian Hryvnia threshold must be declined and will be recorded. Gifts in the form of cash must never be accepted by our employees or service providers and therefore
must not be offered and any offers of cash must be immediately reported to the relevant DMI Executive Committee member. The giving or receiving of promotional
material is not considered a gift.
4.3 The giving and receiving of corporate entertainment and hospitality for our employees should not exceed an approximate value of 50 Ukrainian Hryvniaper head (or the local equivalent outside Ukraine) without prior approval by a DMI Executive Committee member where possible and reasonable to do so in the circumstances.
4.4 The test to be applied is whether in all the circumstances, the gift, entertainment or hospitality is reasonable and justifiable. We expect the intention behind the gift to
always be considered.
5) What is not acceptable?
There are many scenarios where there will be a breach of the Bribery Act 2010, however below are some non exhaustive scenarios as to we think is not acceptable for employees or service providers of DMI to do, namely:
a) give, promise to give, or offer, a payment, gift or hospitality to a third party with the expectation or hope that an academic or business advantage will be received, or to reward an academic or business advantage already given;
b) give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to “facilitate” or expedite a routine procedure;
c) give, offer or promise to a foreign public official to induce that public official to obtain or retain business or an advantage in the conduct of business (and that is not permitted by local laws), request, agrees to receive or accept payment from a third party knowing or suspecting it is offered with the expectation that it will obtain a business advantage for them;
d) request, agrees to receive or accept payment from a third party knowing or suspecting it is offered with the expectation that it will obtain a business advantage for them) accept a gift or hospitality from a third party knowing or suspecting that it is offered or provided with an expectation that a business advantage will be provided by DMI in
e) accept a gift or hospitality from a third party knowing or suspecting that it is offered or provided with an expectation that a business advantage will be provided by DMI in return ;
f) threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; and
g) engage in any activity that might lead to a breach of this policy
6) Facilitation payments and kickbacks
6.1 We and our service providers should not make, and should not accept, facilitation payments or “kickbacks” of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official. They are not commonly paid in Ukraine. Kickbacks are typically payments made in return for a business favour or advantage. We expect all employees and service providers must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.
6.2 If you are asked to make a payment on behalf of the DMI , you should always be mindful of what the payment is for and whether the amount requested is
proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment.
6.3 Any transactions in contracts and documentation must be recorded so that there is never any attempt to hide the way a contract will work.
7) Record Keeping
7.1 We and our service providers are expected to keep financial records and have appropriate internal controls in place which will evidence the business reason for giving and/or receiving payments from/to third parties.
8) Raising Concerns
8.1 If you believe this policy has been breached, or suspect it may have been breached, in any way please contact Dean’s office.
General statements
1.1. This Anti-corruption Program (further – the Program) is developed in support of the state’s anti-corruption strategy in order to ensure the observance of human and civil rights and freedoms, and observance of legal norms in the field of prevention and counteraction to corruption; eliminating the preconditions for its emergence through the introduction of preventive measures, strengthening the rule of law, equality of all before the law;
1.2. Anticorruption program of the Dnipro Medical Institute (further – the Institute) is developed on the basis of:
The Constitution of Ukraine of June 28, 1996;
Ukraine law on the Prevention of Corruption, 1700-VIІ from October 14, 2014;
Ukraine law “On the Principles of State Anti-Corruption Policy in Ukraine (Anti-Corruption Strategy) for 2014-2017” No. 1699-VII of October 14, 2014
Other anti-corruption by-laws.
1.3. The Dnipro Medical Institute anti-corruption measures are aimed at:
– Prevention of corruption, including identifying and eliminating the causes of corruption (prevention of corruption);
– Detection of corruption offenses, disclosure and investigation of corruption offenses;
– Minimization and elimination of the consequences of corruption offenses.
The range of persons affected by the anti-corruption program.
2.1. The anti-corruption program’s action extends to the employees of the Dnipro Medical Institute who are permanently or temporarily holding positions related to the implementation of organizational and administrative or administrative duties, or specially authorized persons for the performance of such duties, as well as other persons who are not officials or officials of any kind perform work or provide services in accordance with an agreement with the Dnipro Medical Institute in cases stipulated by the Law of Ukraine “On Prevention of Corruption”.
The notions and terms used in the Anti-corruption program.
The anti-corruption program is a set of measures, rules and procedures aimed at identifying, preventing the occurrence and elimination of the consequences of corruption offenses at the Dnipro Medical Institute.
Corrupt offense – an act that contains signs of corruption committed by a person specified in part one of Article 3 of the Law of Ukraine “On Prevention of Corruption”, for which the law establishes criminal, disciplinary and / or civil liability.
List of anti-corruption measures and rules in force at the Institute and the procedure for their implementation.
The Authorized Person on the Prevention and Counteraction of Corruption at the Institute developed a system of measures to be implemented in order to counteract, eliminate the preconditions of occurrence and carry out appropriate activities to identify corruption risks at the Dnipro Medical Institute.
4.1. The authorized person carries out constant control over the work of the contractual department, monitoring of business partners in order to prevent possible manifestations of corruption.
Providing the Authorized Institute with continuous monitoring of the state of compliance with the requirements of the current anti-corruption legislation, the causes and conditions that facilitate the commission of crimes and corruption offenses; definition of categories of employees and positions whose activities are associated with increased corruption risk. Implementation of the Institute’s Economic Performance Audit for the Identification of Corruption Risks (assessment of the Institute’s activities in terms of adverse consequences in the context of anti-corruption legislation). In order to identify the risks that the Institute faces as a result of violation of anti-corruption legislation, the Rector periodically initiates an audit of his economic activities. The audit results allow to identify areas of high risk and develop an effective plan of measures aimed at neutralizing the legal and commercial risks of the Institute. Risk assessment is a continuous process with constant communication between the Rector, the Commissioner and the Institute staff.
The Institute is making every effort to minimize the risks of business relations with counteragents that may be involved in corruption, which is why the contracting parties’ compliance with corruption is being tested.
4.2. Organize in the structural units and student groups seminars on issues of prevention and counteraction to the manifestations of corruption.
4.3. Ensuring timely submission by the Dnipro Medical Institute employees of property declarations, income, expenses and financial obligations for the current year.
4.4. The Commissioner is constantly analyzing the complaints and appeals of employees and citizens who perceive corruption violations. The obtained results should be considered at the administration, the academic council of the Institute, with relevant conclusions and recommendations.
4.5. Dnipro Medical Institute employees are prohibited from:
using their official powers or their position and the related possibilities in order to obtain unlawful benefits for themselves or others, and also to use any state or communal property or funds in the private interests (Article 22 of the Law of Ukraine “On Prevention of Corruption”);
directly or through other persons demanding, requesting, receiving gifts for themselves or close persons from legal entities or individuals in connection with the exercise by such persons of their official authority or if the person who grants is subordinate to such person;
directly or indirectly, in person or through third parties, making payments to simplify administrative, bureaucratic and other formalities in any form, in particular in the form of cash, value, services or other benefits, to any person or any person or organizations, including commercial organizations, bodies of government and self-government, civil servants, private companies and their representatives;
engaging or using intermediaries, partners, agents, joint ventures or other entities to commit any action that is contrary to the principles and requirements of this anti-corruption program or the rules of anti-corruption legislation.
4.6. Measures to be taken in case of receipt of an unlawful offer:
1) refuse the offer;
2) if possible, identify the person who have made the offer;
3) to bring witnesses, if possible, from among employees;
4) to inform in writing form about the proposal of the direct leader (if any) or the rector of the Institute, specially authorized subjects in the field of combating corruption.
If a person who is subject to restrictions on the use of the official position and for the receipt of gifts, found in his office or received unprofitable property or a gift, he must immediately, but not later than one business day, notify in writing this fact directly to the rector of the Institute or the Commissioner.
The identification of the property, which may be unlawful benefit, or a gift is an act signed by the person who found the wrongful benefit or gift, and its direct manager or the Commissioner.
Unlawful benefits, as well as gifts received or discovered, are kept at the Dnipro Medical Institute until they are passed to specially authorized counter-corruption persons.
If an official has doubts about the possibility of obtaining a gift from her/him, she / he has the right to apply in writing for a consultation on this issue to the territorial agency of the National Agency, which provides an appropriate explanation.
The standards of professional ethics of the Institute employees.
During the fulfillment of their duties, employees of the Dnipro Medical Institute of all structural units should be guided by the following norms of professional ethics:
to comply strictly with the requirements of the Law of Ukraine “On Prevention of Corruption”, job descriptions, the terms of the Collective Agreement, rules of internal regulations, local normative legal acts and generally accepted ethical norms of behavior, to be polite in relations with citizens, leaders, colleagues and subordinates;
continuously improve professional qualifications and improve the organization of their work;
to adhere to political neutrality, not to give any advantages or manifestations of favor to any of the political parties;
Institute officials shall not disclose and otherwise use confidential and other restricted information that has become known to them in connection with the performance of their official duties and professional duties, except in cases established by law;
when performing their duties, Institute employees are required to use (materially, efficiently and economically) the material and financial resources that are entrusted to them;
Officials of the Institute, regardless of private interests, should refrain from the execution of decisions or orders of the management if they are contrary to the law.
Rights and duties of employees in connection with the prevention and counteraction of corruption in the activities of the Institute.
– Not to engage in corruption offenses related to the activities of the Institute;
– Refrain from behavior that can be interpreted by others as a willingness to commit or participate in committing a corruption offense related to the Dnipro Medical Institute ‘s activities;
– To inform the Commissioner or the leadership immediately about incidents of the incitement to commit corruption offenses connected with the activities of the Institute;
-To take measures within the scope of its competence to terminate a corruption offense and immediately notify in writing of its commission a specially authorized subject in the field of combating corruption in case of revealing an offense of corrupt or corruption-related offense or receiving information about the commission of such an offense by Dnipro Medical Institute employees;
– A person who has reported information about a corruption or corruption-related offense, depending on the economic effect of preventing or exposing it to the Dnipro Medical Institute, may, be encouraged in accordance with the procedure established by the State Duma and the law according to the decision of the rector.
Rights and duties of the Commissioner as an official responsible for the prevention of corruption
The Commissioner is a staff member of the Dnipro Medical Institute or another official of the Institute, who is commissioned to perform the duties of the Commissioner. In the absence of a full-time position of the Commissioner, his rector may, temporarily (by the time of incorporation into the staff list of the Dnipro Medical Institute this position and appointment of an employee to him), rely on another full-time employee (official) of the Institute, which is subject to appropriate changes to his job description.
The Commissioner may be dismissed from the office early on in the following cases:
1) Termination of an employment contract on the initiative of the Commissioner;
2) Termination of an employment contract on the initiative of the rector of the Dnipro Medical Institute. A person who works as a Commissioner at the Institute referred to the second part of the Article 62 of the Law of Ukraine “On Prevention of Corruption” may be dismissed subject to the consent of the National Agency;
3) The impossibility to carry out their powers for health according to the conclusion of the medical commission, which is created by a decision of the specially authorized central executive body, which implements the state policy in the field of health care;
4) The legal force of a court decision declaring him incapacitated or limiting his civil capacity, recognizing him as missing or declaring him dead;
5) The legal force of the conviction of the court regarding
The Commissioner is subordinate and accountable only to the Dnipro Medical Institute rector.
The Commissioner has the following rights and obligations in performing his assigned tasks:
-Receive information from individuals and legal entities about violation of the requirements of the current legislation in the field of combating corruption, conduct on its own initiative an examination of possible violations of these requirements;
-To carry out inspections of the organization of work on prevention and detection of corruption in the departments of the Dnipro Medical Institute;
-Implement monitoring and control over the implementation of legislation on ethical issues, preventing and resolving conflicts of interest in the activities of Institute staff;
-Receive written explanations from Dnipro Medical Institute employees about circumstances that may indicate a violation of the rules of ethical conduct, prevention and settlement of conflicts of interest, other requirements and restrictions provided by the current legislation and anticorruption program;
-Initiate an official investigation; take measures to bring to justice the perpetrators of corruption or corruption-related offenses;
-Provide explanations, methodological and consultative assistance on issues of ethical behavior, preventing and resolving conflicts of interest, prevention and detection of corruption in the departments of the Dnipro Medical Institute and its counterparts. The person concerned may personally apply for this purpose during the working hours to the Commissioner or send an appropriate written request, including by e-mail.
In case of revealing signs of corrupt or corruption-related offense or receipt of a notification of a corruption violation, the Commissioner initiates an official investigation. Obtained during the investigation materials Commissioner reports to the rector of the Institute, which is taking steps to bring the perpetrators to disciplinary action, and where signs of a criminal or administrative offense shall also inform the Commissioner in combating corruption.
The conditions of confidentiality of informing the Commissioner of the Institute about the facts of incitement to commit a corruption offense or about other committed employees or persons of corrupt or corruption-related offenses. Protecting workers who provide assistance in preventing and combating corruption.
Person, including The Commissioner for illegal disclosure of confidential information may be brought to criminal, administrative or disciplinary responsibility for its disclosure in accordance with the requirements of the current legislation.
The information received to the Commissioner, the rector and / or vice-chancellors of the employee’s educational process of the Institute or any other person about the facts of incitement to commit a corruption offense committed by agents or anti-corruption program or Dnipro Medical Institute lecturer corruption or corruption-related offenses is confidential, access to which may be restricted in accordance with the procedure established by law.
Procedures for the protection of employees (disclosers) who reported information about corruption or corruption-related offenses.
Persons providing assistance in preventing and combating corruption are protected by the state. In the event of a threat to the life, housing, health and property of persons providing assistance in preventing and combating corruption, or their relatives, in connection with the reported violation of the requirements of the Law “On the Prevention of Corruption” and this anti-corruption programs, law enforcement bodies, legal, organizational and technical measures and other measures aimed at protection against unlawful encroachment, which are provided for in the Law of Ukraine “On ensuring the safety of persons involved in criminal proceedings”, may be applied to them.