Формирование в российских компаниях системы антикоррупционного комплаенса
The author analyzes incentives for Russian companies to implement anti-corruption compliance programmes, place of anti-corruption compliance in corporate structure, main components of the Code of Conduct and anti-corruption compliance programme.
The author offers an analysis of the Russian market theses services.
The author analyzes regulation of anti-corruption compliance in BRICS countries and application of these norms in companies. He also gives general overview of main obligations of companies, requirements for the development of the Code of business ethics, Anti - corruption policy, main anti – corruption standards and procedures, the system of risk – assessment and identification of suspicious transactions. The author also pays special attention to the international legal regulation of anti-corruption compliance and to the UK and US anti-corruption laws which have transnational application.
In this study, for the first time in Russian practice from a large amount of empirical data on state contracts for procurement of goods, works and services, made a major budgetary organization during 2008-2010., Examines factors affecting the decline in trading, delays in supplies, as well as problems in the performance of obligations under the contracts. The analysis showed that a reduction prices at the auctions directly dependent on the number of applications accepted for review by the competitive commissions. Falling prices are more frequent in the procurement of goods and experimental trust (compared to the benefits of the inspection), as well as a state contract for works. However, the prices are much less likely to have been lowered in auctions (compared to purchasing through quotations and tenders). Delays in supplies occurred in 27% of patients and were more frequent in the procurement of experimental benefits, and were characterized for major purchases and state contracts executed during the I-III quarters of the year. More serious problems in the performance of obligations, full fraught with supply disruptions, have characterized the state contracts, culminating in the IV quarter. The overall risk supply disruptions were reported only 5% of purchases at competitive procedures, but on the contracts accounted for nearly half of all purchases of the budget organization in 2008-2010. Based on the analysis in the formulation of recommendations to improve the system of public procurement.
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
The author analyzes new regulation of anti-corruption compliance under Russian law and application of these norms in Russian companies. He also gives general overview of main obligations of companies, requirements for the development of the Code of business ethics, Anti - corruption policy, main anti – corruption standards and procedures, the system of risk – assessment and identification of suspicious transactions. Obligations of companies under anti – money laundering law and under anti – corruption law are also analyzed in the article. Special attention is paid on administrative liability of companies.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/