Regulation on management of conflicts of interest in the forestry agency system
Chapter 1. General rules
1. This regulation applies to the interests of the Central Office of the Forestry Agency, the Forestry Agency of the Republic of Karakalpakstan and regional forestry departments and system organizations (hereinafter referred to as agencies and system organizations) determine the procedure for conflict detection, prevention and regulation.
2. The requirements of this regulation apply to the employees of the central apparatus of the forestry agency and all organizations in the agency system, regardless of their position and service powers.
3. The following basic concepts are used in this regulation:
employee - a natural person employed on the basis of an employment contract (agreement) in agencies and system organizations;
close relatives - persons related by blood or god, i.e. parents, biological and step-brothers, sisters, spouse, children, including adopted children, grandparents, grandchildren, as well as the spouse's parents, biological and step-brothers and sisters;
nepotism - manifestation of personal interest in the form of a subjective, favorable and biased attitude towards third parties based on the employee's belonging to a certain relative with a common ancestor;
related persons - persons participating in the authorized capital of commercial organizations with an employee, except for the cases where the shares are less than five percent of joint-stock companies publicly traded on the Republican Stock Exchange;
localism - recruitment, rotation, appointment of a person without taking into account the qualification requirements for the position only due to his kinship (the relative is well-known/famous and widely recognized by the public) and the service position of such a person's relatives in the authorities ;
nepotism (acquaintance) - using power and (or) influence in order to give illegal benefits to one's close relatives or friends, as well as calculating unreasonable rewards for close relatives and (or) friends, Recruiting and appointing close relatives and friends to the detriment of the interests of the agency and system organizations;
favoritism – an employee of the Agency and system organization prefers the interests of one person or a group of persons over the interests of another person and (or) group of persons, at the same time, in the selection and placement of personnel in the Agency and system organizations, according to their position These include raising, calculating awards and recommending for state awards, granting work holidays or sending to sanatoriums and foreign trips, determining the turn of applications, as well as working hours and duty schedules.
patronage - protection of an employee of the Agency and system organization by a higher-ranking employee in the form of favoritism, creation of favorable working conditions;
conflict of interest - a personal (direct or indirect) interest that affects or may affect the proper performance of the employee's official or service duties, and personal interest interferes with the rights and legal interests of the Agency and system organizations. a situation in which a conflict is occurring or may occur between;
employee's personal interest - money, material or non-material, which may affect the employee's proper performance of his official or service duties by his close relatives or persons related to the employee during the performance of his official duties. the possibility of personal gain in the form of valuables, other property, wealth and privileges (personal, social, financial, political and other commercial or non-commercial interests);
potential conflict of interest - the personal interests of the employee, his close relatives and (or) the person associated with the Agency and system organizations (including personal, social, property, financial, political and other commercial or non-commercial interests) certain situations a situation where they may conflict with the interests of the Agency and system organizations and affect the performance of service obligations by the employee;
real conflict of interest - personal interests of the employee, his close relatives and (or) a person associated with the Agency and system organizations (including personal, social, property, financial, political and other commercial or non-commercial interests) of the Agency and a situation directly or indirectly against the interests of system organizations;
disclosure of conflict of interest - the procedure for declaring a potential or actual conflict of interest by an employee;
resolution of conflict of interest – the situation of improper performance of service obligations by the agency and system organizations of employees and (or) their interests in the event of a conflict of interest (including personal, social, property, financial, political and other commercial or non-commercial interests) Reduce or eliminate the risk of overriding the interests of agency and system organizations;
4. Agency and system organizations and their employees must observe the following basic principles in matters of conflict of interest management:
-priority of rights, freedoms and legal interests of citizens;
-employees putting the interests of the state ahead of their personal interests in the performance of their official duties;
- making decisions based on transparency, honesty and impartiality by employees;
- obligation to disclose information about potential or actual conflicts of interest by employees;
-priority of preventive measures to avoid conflict of interests;
- consideration of cases of conflict of interest and adherence to collective action in resolving conflict of interest;
- impartial approach to review, assessment and resolution of situations characterized by signs of conflict of interest;
- to ensure the confidentiality of information about the existence of a conflict of interest provided by employees in the manner specified in this Regulation;
- if the employee duly informed about the conflict of interest before making a decision or performing the functions assigned to him and is ready to give up his personal interests in favor of the interests of the Agency and system organizations, prevent him from being fired because of an actual or potential conflict of interest.
Chapter 2. Duties and powers of employees of responsible structural units.
5. Employees must adhere to the principles set forth in this Regulation when performing their service obligations and (or) representing the interests of the Agency and system organizations, as well as refrain from situations that lead to a conflict of interests.
6. Employees of the Agency and system organizations to prevent conflicts of interest in the performance of service tasks:
- compliance with the requirements of this Regulation;
- to pursue only the interests of the Agency and system organizations and legally use their position only in the interests of the Agency and system organizations;
- Notify the Agency and system organizations about personal interests that conflict or may conflict with the interests of the Agency and system organizations;
- strictly put an end to the manifestation of nepotism, favoritism, localism, patronage and clannishness;
- timely and complete disclosure of information about potential or actual conflicts of interest;
- must honestly, completely and conscientiously disclose a complete list of information about his close relatives and related persons, information about his and their participation in non-governmental non-commercial organizations.
7. In order to prevent a conflict of interest, an employee must report a conflict of interest in the following cases, if:
- if the employee has close relatives and (or) related persons under his direct control;
- if the employee participates in making decisions related to employees (including calculation and payment of wages, presentation of bonuses, bonuses and determination of their amount) in relation to close relatives and (or) related persons;
- if the employee and (or) his close relatives have shares or shares in commercial organizations (except for cases where the number of shares is less than five percent of joint-stock companies publicly traded on the stock exchange of the Republic);
- if the employee and (or) his close relatives hold a certain position in the management of a non-governmental non-profit organization;
- if the employee performs special functions of monitoring the activities of state bodies and organizations under the control of agencies and system organizations where his close relatives and (or) persons related to him work;
- if the employee works on a temporary basis in another organization;
- if the employee participates in making a decision about the purchase of goods, works or services of his personal interest by the Agency and system organizations.
8. In case of a conflict of interest in cases other than those specified in Clause 6 of this Regulation, each situation shall be considered separately to determine the existence of a conflict of interest.
9. In the event that new conflicts of interest, not provided for in this Regulation, are discovered, amendments and additions to this Regulation should be made.
10 In order to prevent conflicts of interest, the Agency and system organizations must take measures in accordance with this Regulation.
Chapter 3. Conflict of Interest Disclosure and Review Procedures.
11. Disclosure of information on conflicts of interest is carried out by employees in the following manner:
-Preliminary disclosure of conflicts of interest in the appointment and rotation of candidates for vacant positions in agency and system organizations;
- disclosure of information about conflicts of interest by employees during their work (annual declaration);
- disclosure of information on the fact of potential or actual conflict of interest.
12. Preliminary disclosure of conflicts of interest in the appointment and rotation of candidates and employees for vacancies in agencies and system organizations is carried out by submitting the following documents to the Personnel Department:
- the reference-objective and the form in accordance with Annex 1 of this Regulation (regardless of whether the employee previously submitted the documents provided for in the internal documents) information (close relatives, related persons, share of the authorized capital of the employee or his close relatives participation of the employee and (or) his close relatives holding management positions in legal entities, non-governmental non-commercial organizations);
- an application about the presence or absence of a conflict of interest during recruitment.
13. Initial disclosure of conflicts of interest is carried out in the following manner:
- the documents submitted by the employee are checked by the responsible officer of the HR department of the agency for the presence or absence of a conflict of interest in them. When a conflict of interest is detected, the responsible employee of the Human Resources Department informs the direct supervisor of this employee in writing about the conflict of interest and the need to take measures to resolve it;
- the direct supervisor of the employee takes measures to resolve the conflict of interest from the moment of receiving this information and informs the Personnel Department about it in writing in the form of a service letter;
- Within 5 working days from the moment the head of the personnel department receives a service letter with the measures taken from the employee's direct supervisor, to review the adequacy and acceptability of the measures taken to resolve the conflict of interests, the identified interests to The information about the conflict will be included in the agenda of the next meeting of the Ethics Commission of the Agency. The decision to take measures to resolve the conflict of interest is made by the Ethics Commission of the Agency.
14. The employee must disclose information about the presence/absence of a conflict of interest at the time of rotation/appointment and once a year by submitting an application.
The annual disclosure of conflict of interest information shall be made in the following manner:
- The employee must report once a year to the HR department of the agency about the presence or absence of a conflict of interest, taking into account the events and changes that occurred during the reporting period;
- By January 15, the agency's personnel department issues an order to inform the employees of the agency and system organizations about the presence/absence of a conflict of interest;
-Employees of the agency and system organizations must submit information on the presence/absence of conflict of interest to the personnel department by February 15 of each year;
- The personnel departments of the agency, regional offices and system organizations will analyze the information received about the presence or absence of a conflict of interest in order to determine the employees who indicated the existence of a conflict of interest until March 10;
- when there are such employees, the information about them is communicated directly to their managers and sent to the Agency's Ethics Commission or the Anti-Corruption Compliance Monitoring Service (if there is a conflict of interest among the members of the Ethics Commission) ;
- the ethics commission, with the participation of the employee's immediate supervisor and (if necessary) the employee, will review the situation of conflict of interest by March 20 and develop measures to resolve situations characterized by conflict of interest or conflicts of interest decides that there is no conflict;
- the final decision on the presence/absence of conflict of interest and the measures to be taken to resolve them is included in the minutes of the Ethics Commission and delivered to the relevant employee. The employee's immediate supervisor is responsible for monitoring the implementation of approved measures to resolve conflicts of interest;
- the personnel department of the agency collects and stores electronic information about the cases of conflict of interest, which are entered into the register of cases of conflict of interest by the personnel departments of the system organizations until March 25;
- personnel departments of the agency and system organizations fill in the register of conflict of interest cases, and the agency's personnel department compiles them;
- in the first quarter of every year, the anti-corruption compliance control service of the agency reviews the statistical analysis on the declaration, identification and resolution of conflicts of interest based on the information provided by the personnel department of the agency to the chairman of the agency and his deputy will include in the anti-corruption report for exit.
15. Disclosure of information on the fact of the origin of an existing or potential conflict of interest shall be carried out in the following manner:
- When any employee of the agency and system organizations has a conflict of interest, he must report it in writing to his immediate supervisor, describing in detail the situation described as a real or potential conflict of interest;
- the specified information must be submitted in writing within 1 (one) working day from the moment when the conflict of interest arises or the employee becomes aware of the conflict of interest;
- within 3 (three) business days from the moment the employee's immediate supervisor receives a written notification from the employee, review the information about the conflict of interest and, if there is a conflict of interest, in the employee's notification about the possibility of a conflict of interest fill in the information and develop and adopt measures to solve it;
- the notice is submitted by the employee to the Personnel Department for registration and consideration within one working day;
- the personnel department should receive the notification and include it in the agenda of the nearest meeting of the Ethics Commission in order to make a decision on the adequacy and acceptability of the measures taken to resolve the conflict of interests within one working day. The decision of the ethics commission is included in the minutes of the meeting and the employee is notified within three working days from the moment it is made. A member of the Ethics Commission of the Agency does not take part in decision-making if there is a conflict of interest in relation to the employee whose conflict of interest is being considered at the commission meeting;
- if the specific situation related to the conflict of interest is related to the members of the Ethics Commission, within one working day from the date of receipt of such information, the Anti-Corruption Agency
Chapter 4. Measures to resolve conflicts of interest.
16. In order to prevent violations of the interests of the agency and system organizations, measures to resolve existing conflicts of interest should be implemented as soon as possible.
17. The following measures should be established in the management of conflicts of interest in the agency:
- transfer of a directly subordinate employee to another person who is not a close relative;
- the employee's discretion/self-refusal or forced (permanent or temporary) exclusion from participating in the discussion of issues that are the subject of a conflict of interest and in the decision-making process on them;
- review the scope of the employee's job duties to avoid conflicts of interest;
-restricting the employee's use of information and documents of the Agency and system organizations that are of his personal interest and subject to a conflict of interest;
-promotion, evaluation of performance, payment of bonuses and salary increments, sending abroad for study and training and on any issues, labor to ensure collective decision-making about consent to leave and wage control;
- transfer of the employee to a position that involves the performance of work-related functions not related to a conflict of interest and other circumstances.
18. In exceptional cases, if the measures listed in Clause 14 of this Regulation do not fully regulate the conflict of interests, the following regulatory measures may be taken:
- employee's relinquishment of personal interests that conflict with the interests of the Agency and system organizations;
- to recommend the dismissal of the employee (termination of the employment contract) if he does not renounce his personal interests that conflict with the interests of the Agency and system organizations.
19. In each case, based on the fact that determines the nature of the conflict of interest, other measures to resolve it may be applied in accordance with the agreement of the employee and the Agency and system organizations. All measures taken must be in accordance with the requirements of the law and ensure the implementation of the principles set forth in this Regulation.
Chapter 5. Confidentiality of information.
20. Employees involved in the resolution of conflicts of interest are responsible for ensuring the confidentiality of the information received and for only reviewing, considering and resolving this information and for monitoring this process. must ensure its use by persons of
21. When citizens and legal entities contact the Agency and system organizations with information about the fact or suspicion of a conflict of interest in their employees, its consideration is carried out by the personnel department of the Agency and system organizations.
Chapter 6. Requirements for maintaining and maintaining the register.
22. Personnel departments of agencies and system organizations must keep records of conflict of interests by entering them into the Register in accordance with Appendix 2 of this Regulation. They are responsible for the fact that the Register is not kept on time and completely.
23. Human resources departments of agencies and system organizations should collect information on conflict of interest cases by collecting and summarizing the register on a quarterly basis (or as needed).
24. Information must be entered in the register in the following cases:
- When recruiting for agencies and system organizations - no later than three working days from the moment of drawing up the protocol of the Ethics Commission, if the candidate has indicated the existence of a conflict of interest in the application about the presence/absence of a conflict of interest, and the Ethics Commission if the commission confirms the fact that a conflict of interest may arise;
- when disclosing a conflict of interest during appointment/rotation - no later than three working days from the moment the order is signed by the head of the Agency and the system organization;
- according to the origin of the conflict of interests - the agency no later than three working days from the moment of drawing up the report of the Ethics Commission, if the Ethics Commission confirms the fact that a conflict of interests may arise;
- when the information about the conflict of interest is declared by employees every year - in accordance with Clause 12 of this Regulation;
- instruction on entering information into the Register by the agency's anti-corruption compliance-control service in cases where information obtained from communication channels about the existence of a conflict of interest is confirmed, when internal service inspections are conducted and when compliance with the agency's anti-corruption policy and requirements is monitored when instructed;
- applications and notices of employees related to conflicts of interest and other information must be kept in the personnel department of agencies and system organizations.
Chapter 7. Accountability.
25. All employees, regardless of their position, must comply with the requirements of this Regulation, as well as provide timely and complete information to the Agency and system organizations about conflicts of interest. is personally responsible for
26. Employees who have a conflict of interest should assist the responsible persons of the Agency and system organizations in analyzing the relevant information and conducting other checks.
27. Concealment and (or) intentional non-disclosure of information on conflicts of interest by an employee, regardless of whether or not it has led to a violation of the interests of the Agency and system organizations, is accepted considered as a violation of moral norms, labor discipline and internal requirements of agency and system organizations.
28. Violation of information confidentiality in any form by employees responsible for summarizing, reviewing and regulating conflict of interest information, including employees authorized to use this information is the basis for disciplinary action against this employee.
29. When an employee has a conflict of interest that he/she consciously did not inform the responsible officials in accordance with the procedure established by this Regulation, which led to the improper performance of service obligations and (or) the violation of the interests of agencies and system organizations, such an employee shall, under the legislation of the Republic of Uzbekistan and may be subject to disciplinary action on the grounds and in the manner specified in the internal documents of the agency and system organizations.
30. Personnel department of the agency, employees of the anti-corruption compliance-supervision service, members of the Ethics Commission and other responsible employees participating in the process of conflict of interest management, according to this Regulation and other internal normative documents of the agency, o are responsible for the objective performance of the tasks assigned to them.