CODE OF ETHICAL CONDUCT FOR MILITARY OFFICIALS AND OTHER PERSONS AUTHORIZED TO PERFORM STATE FUNCTIONS
IN THE NATIONAL GUARD OF UKRAINE
КYIV 2017 NATIONAL GUARD OF UKRAINE
TO OBTAIN ADVICE ABOUT ANTI-CORRUPTION LAW OR IN CASE OF DETECTION OF CORRUPTION OFFENSES, CONTACT The corruption prevention and detection issues office 03151, Кyiv, вул. Narodnogo Opolchennya, 9а Tel./fax: (044) 365-29-70 E-mail: antikor@ngu.gov.ua
Кодекс етичної поведінки військових посадових осіб та інших осіб, уповноважених на виконання функцій держави, у Національній гвардії України (відповідає офіційному текстові). — Київ, 2017. — 24 с.
CONTENT
1. General Provisions
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2. Principles of ethical conduct
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2.1. Basic principles
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2.2. Priority of service interests
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2.3. Impartiality
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2.4. Competence and diligence
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2.5. Transparency
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2.6. Loyalty
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2.7. Political neutrality
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2.8. Confidentiality
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2.9. Non-fulfillment of illegal orders
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2.10. Corporativism
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3. The conscious attitude and adherence to anti-corruption law restrictions and prohibitions
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3.1. Military (civil) officials obligations 3.2. Abuse of authority 3.3. Gifts (donations)
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3.4. Incompatible outside interests
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3.5. Leaving Military Service
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3.6. Collaboration with close relatives
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3.7. Conflict of interests
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3.8. Review of integrity
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3.9. Compliance with the Code and Sanctions
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APPROVED Commander-in-Chief of National Guard of Ukraine Lieutenant-general Yuriy Аllerov 03 May 2017
CODE of ethical conduct for military officials and other persons authorized to perform state functions in the National Guard of Ukraine
1. General Provisions
1.1.
Code of ethical behavior of military officials and other persons authorized to perform state functions in the National Guard of Ukraine (hereinafter – the Code) is the generalization of standards of professional conduct of defined in the Code categories of servicemen and employees of the Main Department of the National Guard of Ukraine, territorial departments higher military educational institutions, recreation centers, health facilities and institutions, formations, military units, training units (centers) of the National Guard of Ukraine (hereinafter – military units).
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1.2.
The Code is based on the provisions of the Constitution of Ukraine, international treaties ratified by the Verkhovna Rada of Ukraine, the Law of Ukraine “On prevention of corruption” and other laws and legal acts, and is aimed at prevention of corruption in the National Guard of Ukraine, enhancing its credibility, strengthening the reputation of servicemen.
1.3.
The Code applies to persons defined in Article 3 of the Law of Ukraine “On Prevention of Corruption” namely military officials (except for military conscripts, cadets of higher military educational institutions and employees of state bodies and officials units (hereinafter – military (civil) officials).
1.4.
The civil servants, who work in the Main Department of National Guard of Ukraine are obliged to observe the general rules of ethical behavior for civil servants and local government officials, approved by the central executive body that ensures the formation and implementation of state policy in the field of public service.
1.5.
The Code defines the principles and moral norms that should guide the military (civil) officials during the performance of their service tasks and out of service, according to which the public evaluates their work as respectable, impartial and effective.
1.6.
Compliance with the standards of conduct, established by this Code, is the moral duty of every military (civilian) official. Military (civil) officials must be acquainted with this Code while holding or hiring (appointing) their positions.
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1.7.
Compliance with military officials of this Code is taken into account during the integrated assessment and attestation of servicemen.
2. Principles of ethical conduct
2.1. Basic principles The main principle of military (civilian) officers activity is honest and faithful service to the Ukrainian people, inviolable observance of the Constitution and laws of Ukraine. Their work is aimed at ensuring national interests of Ukraine while performing tasks and functions of the state, promoting the realization of rights and interests of man and citizen, maintain a positive image of the state and the National Guard of Ukraine. The basic principles of of ethical behavior of military (civilian) officer on duty are: priority of service interests; impartiality; competence and integrity; transparency; loyalty; political neutrality; confidentiality of service information (confidentiality); refraining from execution of illegal orders (orders); corporatism.
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2.2. Priority of service interests The priority of service interests means an absolute dedication to the public interests of the country, conscious subordination of own interests to social demands and governmental priorities, the obligation to act diligently only in the interests of the service, to provide the most effective and skillful disposal of military property and funds which the military (civil) officer is responsible for.
2.3. Impartiality The military (civil) official must act impartially, regardless of private interests, personal relationship to any citizen or group of citizens, regardless of their political, ideological, religious or other personal views or beliefs, including: • never resort to unfair discrimination, showing special favor or giving preference to anyone; • avoid actions that might give rise to suspicion of the presence of private interest that affects the performance of official duties; • have an equal attitude to all citizens, not to succumb to pressure and not to assume any obligations arising from family relationships, work or corporate affiliation; • not to demonstrate and not to use friendly relations with public people who are engaged in political, economic, social or religious activities;
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• avoid lobbying the interests of any individuals, legal entities and business groups; not to allow personal prejudice or pressure from aside to affect the objectivity of assessments and decisions.
2.4. Competence and diligence Competence includes timely and qualitative performance of official duties, orders and orders of the military command, continuous professional development, achieving good results in service. Diligence means fair, honest and professional performance of service duties, initiative and creativity. The military (civil) officer should: • perform tasks honestly, fairly and professionally their duties, with initiative and creativity; • constantly increase the level of professional competence and culture; • improve organization of service activity; • properly evaluate professional capabilities and to take on additional obligations only when there is sufficient knowledge, skills and proffesiona experience; • prevent abuse and inefficient use of state property; • know the requirements of regulations for the post and to use them while while performance of service duties.
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2.5. Transparency Transparency is the responsibility of military (civilian) officer not to restrict access of others to public information and not to abuse the rights of performers to provide secrecy stamps, except motivated restrictions set by the legislation on state secrets. The military (civil) officer within the competence should interact with state authorities, local governments and citizens’ associations in the implementation of tasks and functions, follow the principle of openness to democratic public control, with respect to the media in cases prescribed by law and order their representatives to provide reliable information and help in its receiving.
2.6. Loyalty Military (civil) personnel must conscientiously abide the laws of Ukraine, execute orders of commanders, regardless of their own beliefs and political views, and refrain from any acts of public criticism of government and their officials. Military (civil) personnel are obliged to respect state symbols of Ukraine, to respect people’s habits and national traditions, to use the state language while performing their duties, not to discriminate state language.
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2.7. Political neutrality Political neutrality involves preventing political interests influence on the actions and decisions of the military (civilian) officials, rejection of his or her public displaying of political views and preferences. In addition, military (civil) personnel must avoid the use of power in the interests of political parties or their branches, refrain from demonstration of political parties symbols during the performance of their duties, guarantee transparency in relations with people performing political functions, prevent different political influences and pressures that can induce biased action, exclude political influence on appointment or termination of person’s employment.
2.8. Confidentiality The military (civil) official have to be responsible, diligent, comply with the legislation of Ukraine and other regulations and requirements for use of information obtained during performance of their duties and keep State secrets. During the service, and after its completion military (civil) personnel must not: • use and disclose otherwise confidential and other classified information received during accomplishing of their official duties and professional responsibilities, except when required by law;
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• try to receive access to information that he or she shouldn’t know; • use the information for their own or third parties purposes contrary to the interests of the service; • intentionally hide the information that can or should be distributed properly; • provide incorrect or incomplete information so that leads to wrong conclusions; • publicize information on colleagues personal and family life, home and email address, phone number without sanction, unless the laws of Ukraine.
2.9. Non-fulfillment of illegal orders The commander (chief) before the issuance of the order must ensure its compliance with the current legislation of Ukraine, as well as measures to minimize the negative consequences of its performance, prevent abuse and official misconduct. The military (civil) personnel, after receiving an order should understand its requirements, compliance with the current legislation of Ukraine and implement the order. In case of criminal intent of the order – to refrain from accomplishment and inform senior chief.
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2.10. Corporativism The military (civil) officials should always take care of raising of State and the National Guard of Ukraine image, multiply the best traditions of Ukrainian troops and his team. Military (civil) personnel should always behave in such a way to maintain and strengthen public confidence, faith in patriotism, honesty, integrity and impartiality of members of the National Guard of Ukraine. Military officials have to set an example on implementing of Code of the Armed Forces of Ukraine requirements, being self-disciplined and internally organized. Civil officials should not have violations of internal service regulations and labor discipline. Decent behavior involves correct attitude to managers, subordinates and co-workers, respect for the dignity of others, neat appearance and composed manner demeanor, civility and high culture of communication, kindness and prevention of conflicts with citizens, prevention of actions or behavior which may harm interests of the service or affect negatively on representative of the National Guard of Ukraine reputation, including out of service activities. Corporate Ethics requires diligent performance of servicemen duties, including: • work hard, strive to achieve the best results in their work;
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• be creative; • not to shift their responsibilities to others, not to verge from making important decisions and responsibility for their actions; • aware that official interest requires prudent, but at the same time and effective and decisive actions; • during the proceedings not governed by emotions, be prepared to accept criticism, recognizing his or her errors and to correct consequences; • perform their duties as required; • use public property efficiently; • express composedly during public statements; • understand and agree that military service (work) in main department and military units of the National Guard of Ukraine, has restrictions on confidentiality and private life.
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КОРУПЦІЯ
3. The conscious attitude and adherence to anti-corruption law restrictions and prohibitions
3.1. Military (civil) officials are obliged to obey the restrictions
and prohibitions under the Law of Ukraine “On prevention of corruption” and: • not to commit and participate in the commission of corruption offenses; • refrain from behavior that could be interpreted as willingness to commit corruption offenses; • immediately inform the authorized person for the prevention and detection of corruption in unit, as well as their commander about cases of incitement to commit a corruption offense related to official duties, or commission of corruption offenses related to other parties; • immediately inform the commander (chief) and the authorized person for prevention and detection of corruption about uprising of real, potential conflict of interests; • after informing authorized person about violation of the Law of Ukraine “On prevention of corruption” rely on state protection and fair treatment by the command.
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In case person who informed about the violation and is not satisfied with the outcome – can pass this information to higher level authority or specifically authorized person for prevention and detection of corruption.
3.2. Abuse of authority The military (civil) official must comply with the interdiction on authority abuse and related opportunities to obtain unlawful benefit for himor herself or others, including use of any public property or funds for private interests. In the case of getting proposals for undue advantage, regardless of private interests, military officers or civil equivalents are obliged to immediately takes the following measures: • abandon the proposal; • identify the person who made the offer; • bring witnesses (if possible), including among military personnel; • report direct commander (chief) or the commander of a military unit and specifically authorized entity in anticorruption. In the case of detection in the office space or getting an unexpected property that could be an illegal benefit, military (civil) musts immediately (but not later than one business day) report of that fact to their direct commander (chief) or the commander of a military unit.
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3.3. Gifts (donations) The military (civil) musts comply with restrictions on receiving gifts (donations) and take these restrictions as an effective tool for preventing conflicts of interest. Receiving gifts (donations) direct or through another person of legal entities and individuals is prohibited: • for actions or omissions in the interests of the giver which committed directly by that person and for his promotion of other officials and agencies; • if the person who presents (makes) gifts (donation) is subordinated person.
The military (civil) is entitled to receives gifts (donations) that meet generally accepted notions of hospitality, and do not exceed the established price for single gift (donate) and their total value derived from the same source during the year (according the Law of Ukraine “On Prevention of Corruption”). In case of doubt about the legality of the gifts, military (civil) should acts in the manner provided for the prohibition on receiving illegal benefits, or has the right to appeal in writing to the National Agency on Corruption Prevention to obtain advice on this matter.
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3.4. Incompatible outside interests Honestly service for the State means to provide maximum dedication of time and effort. Military (civil) should consciously relates to restrictions on combining Military Service with other paid and business activities (except of teaching, research and creative activity, medical practice, instructor and judge practice of sports).
3.5. Leaving Military Service The military (civil) shouldn’t have advantages to be employed outside the service after leaving military service using current position. In order to prevent conflicts of interest in the activities of a person who prepares to work in the military unit (institution), a person can’t: • disclose or otherwise use to their advantage the information that it has become known in connection with official duties; • represent any person within one year from the date of leaving military service in cases (including in court) against the military command, military unit, institution in which he served.
Former military (civil) should behave in a way that doesn’t interfere with appointment of a person and decision-making for the previous place of service, doesn’t disclose confidential information received during the service.
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3.6. Collaboration with close relatives The military (civil) should understand the needs to observe restrictions in collaboration with close relatives. The military (civil) can’t be in direct subordination of close relatives. In case of circumstances that violate these requirements, military (civil) and their close relatives should makes steps to eliminate such circumstances within fifteen days. If the circumstances not resolved voluntarily in specified term, military (civil) or close relative will be transferred to another position (which excludes the direct subordination) within one month from the date of circumstances. If it is impossible to transfer a person to another position, this person will be dismissed.
3.7. Conflict of interests The military (civil) must be able to identify and knows the ways of resolving potential or actual conflict of interests which will affect the objectivity and impartiality of decisions. The military (civil) is obliged: • independently takes actions to prevent the emergence of real, potential conflicts of interest;
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• when the person became known of the availability of an actual or potential conflict of interest he should report the direct commander or commander of the military unit but no later than the next working day; • don’t commit actions and don’t make decisions while a real conflict of interest; • in case of a real or potential conflict of interest take measures to resolve it. The military (civil) can’t directly or indirectly encourage subordinated persons in any way to the make decisions or omission contrary to the law in favor of their private interests or the private interests of third parties. If the military (civil) has doubts about the identification of conflicts of interest, he must seek clarification from the National Agency for Prevention of Corruption. If the military (civil) has not taken independent action to resolve conflicts of interest, the commander of the military unit should apply measures of external conflict of interests by: • removing the person from make decision or participate in making decision while a real or potential conflict of interest; • using of external control over the implementation of the relevant person task of taking certain actions or decision making; • estricting access to certain information; • reviewing responsibility of a person; • transferring a person to another position; • dismissing a person.
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3.8. Review of integrity The military (civil) acknowledges and accepts the right of society to check integrity, honesty and responsibility of citizens who are serving or working in the National Guard of Ukraine. It must timely and fully comply with the requirements of legislation on the filing of a person’s declaration, as well as to facilitate the implementation of financial control, living standards of a person and family members, income received, complete verification of the authenticity of the declared information, the accuracy of the assessment of the declared assets, verification on the presence of a conflict of interest and signs of illegal enrichment.
3.9. Compliance with the Code and Sanctions The military (civil) must conduct themselves according to the principles defined by the Code. A person who violates the moral and ethical norms of behavior established by anti-corruption legislation may be subject to disciplinary liability. The military (civilian) official is responsible for observing and complying with the requirements of this Code.
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At the request of servicemen and employees, the authorized department (person) on the prevention of corruption provides methodological assistance and advice regarding the rules established by the anti-corruption legislation.
Head of the Apparatus of the NGU Commander Colonel Victor Grabchak
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ГОЛОВНЕ УПРАВЛІННЯ НАЦІОНАЛЬНОЇ ГВАРДІЇ УКРАЇНИ
КОДЕКС етичної поведінки військових посадових осіб та інших осіб, уповноважених на виконання функцій держави, у Національній гвардії України
Видання підготовлено Службою з питань запобігання і виявлення корупції Адреса: 03151, м. Київ, вул. Народного Ополчення, 9а Телефон/факс: (044) 365-29-70 Електронна адреса: antikor@ngu.gov.ua
© Дизайн та макет Ганни Ільченко Підписано до друку 19.06.2017. Формат 29,7*42/4 Папір офсетний. Віддруковано в друкарні Іміджево-видавничого центру НГУ. Зам. №299