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AUTHORS |
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Department/ASA |
Codding |
Date |
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Legal department |
DA-HQ |
29.10.2021 |
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VIEWERS |
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DEPARTMENT/ASA |
Codding |
Date |
|
Quality management coordinator |
DA-KK |
01.11.2021 |
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Department of Internal Control and Audit |
DA-DN |
08.11.2021 |
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Department of Citizens' Appeals and Documentation |
DA-VM |
15.11.2021 |
1. General regulations
The anti-bribery policy in the Sustainable and Operative Social Provision Agency and "DOST" centers defines the rules of not allowing and preventing corruption based on the Criminal Code of the Republic of Azerbaijan, the Code of Administrative Offenses of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On Combating Corruption".
If the procedural rules mentioned in the relevant provisions of this policy conflict with the referenced normative legal acts, those normative legal acts shall be applied.
The purpose of the current policy is to ensure compliance with the rules of bribery and corruption applied in the Agency and to ensure the formation of a control mechanism to ensure that the work of the Agency is conducted in a socially responsible manner.
The principles of this policy reflect the open and transparent activities of the management and staff of the Agency and the Centers, to adopt ethical standards in their work environment, the highest practice and corporate governance standards, and serve to ensure a high level of the Agency's business reputation.
2. Definitions, concepts and abbreviations
Policy - Anti-bribery policy;
Agency - Sustainable and Operative Social Provision Agency;
Centers - DOST Centers;
Corruption - Illegal acquisition of material and other benefits, privileges or concessions by a person using his position or the status of the institution he works for, as well as the opportunities arising from his official powers, as well as material, etc., mentioned by individuals and legal entities. it is the capture of that official by offering or promising or giving favors, privileges or concessions to officials illegally.
Bribery - a material or other favor, privilege or concession given to an official, or an offer or promise about it;
Gift - tangible or intangible wealth that can affect the impartial performance of official duties or creates the impression of such an influence, or is given as a reward for the performance of his duties or creates the impression of such a reward;
Monitoring - continuous observation of processes related to the activity of the Agency's Office and Centers.
3. Statement
4. Scope of the policy
This policy must be taken into account when interacting with the Agency's employees, subcontractors, sellers of goods or services, subordinate and superior agencies of the Agency, users of our services, as well as with all government agencies with which we interact, including officials.
This policy covers the following:
The prohibition of accepting or giving bribes has been explained to all legal and physical persons who cooperate with the Agency and Centers, regardless of their position, also users of the service, and accordingly, the measures of responsibility provided for by the effective legislation of the Republic of Azerbaijan.
Employees of the Agency and the Centers may not accept gifts or other benefits or concessions related to simple hospitality from any legal, physical, or official person who uses the services during business relations.
The Agency ensures the implementation of incentive systems in addition to paying salaries to its employees. Requesting additional payments from legal or physical persons with whom the Agency has business relations (except for payments for paid services) is prohibited.
Illegal donation of material and financial resources by the Agency to the election fund of political parties, political party blocks, or referendum initiative groups is inadmissible.
It is not acceptable to make payments in form of cash, goods, services, gifts, or other forms outside of the contract in order to obtain a number of advantages or privileges upon conclusion of the contract or after the conclusion of the contract.
Failure to deliver goods and services despite the payment under the contract, or pretending to have delivered them, concluding a contract with another person who made payments outside of the contract instead of the person who accepted the offer to conclude the contract, specifying inflated prices for goods and services in the contract, giving consent to purchase goods and services that are not necessary for the operation of the Agency, and making payments for such purposes is prohibited.
The Agency promotes charitable activities and actively participates in the organization and implementation of charitable events. However, the use of charity payments or donations to hide corruption by the Agency and its employees is not allowed.
The public should be informed about all charitable activities carried out on behalf of the Agency through mass media and other platforms.
5. Obligations related to anti-bribery policy
5.1. The employees of the Agency are informed about the anti-bribery policy by the structural division of the Agency, which carries out activities in the field of civil appeals and documents, through business e-mail addresses. At the same time, the policy is shared through the information platform of official website of the Agency (dost.gov.az).
5.2. In connection with the implementation of this Policy, the Office of the Agency and all employees of the Centers have the following obligations:
5.2.1. Honest behavior – Employees should be an example of honesty for everyone in all cases and should behave in a professional and fair manner in relation to others, as they would like to be treated.
5.2.2. Prevention of corruption – In cases where illegal material or non-material benefits, privileges, or concessions are offered, the employee must refuse them. If material and non-material benefits, privileges, or concessions are given to the employee for reasons beyond his control, he must inform his direct supervisor about it.
5.2.3. Restrictions on receiving gifts – An employee may not request or accept gifts for himself or others that may affect the impartial performance of his official duties, create the impression of such influence, or are given as a reward in exchange for the performance of his duties, or that create the impression of such a reward. This rule does not apply to cases of simple hospitality and gifts whose value does not exceed the amount (fifty-five manats) stipulated in the Law of the Republic of Azerbaijan “On Combatting Corruption”. In cases where the employee cannot make a decision about accepting a gift or using simple hospitality, he should seek the opinion of his direct supervisor. During the conclusion of civil-legal contracts with natural or legal persons, or their execution, it is forbidden for the employee to obtain any concessions or privileges in connection with his official activities.
6.1. The Agency's management is responsible for monitoring the effectiveness of this policy, regularly reviewing its implementation, and conducting regular audits to ensure that the internal control systems and procedures designed to prevent corruption-related offenses are effective in practice. At the same time, in addition to taking appropriate measures to improve this policy, the Agency enables its employees to submit their proposals for the development of this policy to their direct managers.
6.2. The structural division of the Agency, which carries out activities in the field of risk management and internal control, ensures compliance with the principles and requirements of the relevant policy, periodically monitors compliance with the legislative acts applied in the Agency's activities, and prepares relevant reports.
7. Risk assesment
7.1. The structural division of the Agency, which carries out activities in the field of risk management and internal control, ensures the regular assessment of the risk of bribery by determining the risk indicators of corruption in the activities of the Agency's Office and Centers and potential working conditions for corruption.
7.2. The Agency takes measures to minimize the risk of cooperating with any party that may be involved in illegal activities related to corruption. For this purpose, the Agency assesses the party's anti-bribery policies and procedures, as well as its anti-bribery activities.
8. Reporting of corruption-related offenses
8.1. When employees detect violations related to corruption in the Administration and Centers of the Agency or establish reasonable suspicions about them, they should immediately inform the head of the structural department that carries out activities in the field of risk management and internal control of the Agency via e-mail dost_compliance@sosial.gov.az.
8.2. Investigation of information related to corruption-related offenses cannot be entrusted to the person informed about, nor to persons who are directly or indirectly interested in the result of the investigation.
8.3. When information related to corruption-related offenses concerns the competent structural unit, the person providing the information has the right to submit that information directly to the Agency's management. The management of the Agency must ensure that such information is received, recorded, and that the relevant measures are implemented as provided for in the legislation.
8.4. The management of the Agency guarantees the protection of the rights of employees who provide information on corruption-related offenses and ensures that they will not be subjected to any pressure.
9. Training and communication
The structural unit of the Agency, which carries out activities in the field of human resources and training, regularly conducts trainings in order to ensure that the current policy is applied and that the requirements of the policy are correctly followed by the Agency's employees.
10. Liability for Policy Violations
Disciplinary measures for corruption-related offenses are regulated by the Labor Code of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On Combating Corruption", this policy and other legislative acts
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