Criteria for the Distribution of Anti-Corruption Prohibitions, Restrictions and Obligations Imposed on Public Corporations and Their Subsidiaries
The article discusses the anti-corruption prohibitions, restrictions and obligations imposed on the state corporations (companies). The article analyzes the implementation of the principle, according to which restrictions, prohibitions and obligations in respect of the employees with the appropriate positions, apply to them, taking into account features due to their legal status. The author has made a classification of the anti-corruption prohibitions in respect of state corporations (companies). It is noted that the existing public-law mechanisms cannot provide an effective barrier to corruption, and only a few state corporations (companies) were able to disseminate their anti-corruption policies in subsidiaries. The author proposes a legal mechanism and criteria for the dissemination of anti-corruption prohibitions, restrictions and duties in respect of state corporations (companies) to its subsidiaries. The anti-corruption standards for certain employees of subsidiaries of state corporations (companies) involve the formation of a list of officers and the determination of anti-corruption standards applicable to organizations controlled by state corporations (companies). The use of these approaches and criteria will strengthen the control and supervision of law enforcement agencies over the activities of subsidiaries of state corporations (companies), to enhance the role of the departments for prevention of corruption and other violations of state corporations (companies) in the implementation of the state anti-corruption policy. Another step to consolidate the role of such units would be the extension of their functionality by incorporating functions for monitoring compliance with anti-corruption standards in the subsidiaries of state corporations (companies).