POLICY
on the prevention of conflicts of interest
1. Legal framework and General provisions
1.1. The Policy for Prevention of Conflict of Interest of the CO " CF MISSION KHARKIV " (hereinafter referred to as the Organization) is developed in accordance with the Charter of the Organization, other internal documents and the current legislation of Ukraine.
1.2. In accordance with this Policy, the members and employees of the Organization are obliged to avoid any situations and actions that may cause or threaten a conflict of interest, or may affect the impartiality and independence in considering and making decisions in favor and in the interests of the Organization.
2. Purpose of the Policy
2.1. The Policy is developed to reflect the way in which the Organization
- identifies and defines situations that constitute a conflict of interest or may cause aconflict of interest that may threaten to harm the interests of the Organization;
- develops and applies procedures and systems aimed at preventing any conflict ofinterest that adversely affects the interests of the Organization or its donors;
- implement appropriate procedures, mechanisms and systems to manage suchconflicts.
2.2. This Policy is aimed at establishing proper regulation and control over the process of determining, identifying and managing potential and/or existing conflictsof interest; establishing standards and requirements that are mandatory for all members of the Board, Directors and employees of the Organization.
3. Scope and responsibilities
3.1 The requirements of this document apply to employees and volunteers of the Organization, its members and members of the Board. All employees of the Organization must annually certify in writing their familiarization with this document.
3.2. The members of the Board, the Director and employees of the Organization are obliged to avoid any situations and actions that may cause or threaten a conflict ofinterest, or may affect the impartiality and independence in considering and making decisions in favor and in the interests of the Organization.
4. Definition of a conflict of interest
Conflict of interest is a conflict between a person's private interest and his/her official or representative powers, which affects the objectivity or impartiality of decision making, or the performance or non-performance of actions in the exercise of these powers.
The employee undertakes to declare any conflict of interest to the administration during the hiring process or during the performance of his/her contract. This includes (but is not limited to):
- Family ties or close relationships with a candidate for a position at MISSION KHARKIV or with an employee already involved with MISSION KHARKIV;
- Family ties or close relationships with a subcontractor or supplier of goods and/or services with whom MISSION KHARKIV is negotiating or may have a business relationship;
- Financial investments or family ties to the management of a company or organization that has a business relationship with MISSION KHARKIV.
In case of contacting a candidate for a position or conducting a tender, the normal selection procedure will be conducted, but the employee concerned will be excluded from the committee; to ensure a neutral and transparent selection in accordance with the MISSION KHARKIV Policy.
It is misconduct to favor (or attempt to favor) a family member, friend or any other relative in the context of a recruitment or purchase procedure. Likewise, any intimate relationship between a manager and a member of his or her team constitutes a conflict of interest and should be avoided.
Thus, this type of relationship should be declared so that solutions can be found to reconcile professional and private life. Failure to declare the relationship will be considered a violation by the employees concerned and may be subject to sanctions.
5. Application of the Policy
5.1. The following are examples of conflicts of interest, but the list is not exhaustive:
1) Financial resources - no employee shall use the financial resources of the Foundation to obtain goods or services to meet the personal needs of his/her family.
2) Gifts and Remuneration - No employee may solicit or accept, directly or indirectly, any gift, gratuity or service of substantial economic value from donors or beneficiaries.
3) Procurement - as part of their work for the Foundation, no employee shall ordergoods or services from a supplier where such employee or a member of their family has a financial interest. Such decisions should be referred to the employee's supervisor. Employees are prohibited from colluding with third parties, including, but not limited to, price fixing, soliciting/offering/providing bribes or obtaining improper benefits.
4) Reimbursement - no employee has the right to reimburse his/her own expenses at the expense of the organization.
5.2. Procedures for preventing conflicts of interest
5.2.1. Employees of the Organization shall fully and faithfully perform their duties on behalf of the Organization and shall not use their official position in the Organization, as well as information obtained by virtue of this official position for personal gain.
5.2.2. Employees of the Organization shall, to the extent possible, avoid involvement in conflicts of interest or situations that may look like a conflict of interest.
5.2.3. In the event of a conflict of interest, an employee of the Organization shall notify the head of the Organization in writing, and the latter, in turn, shall notify the members of the Board of the Organization before the consideration of the relevant issue.
5.2.4. After notification of a possible conflict of interest, the Board of the Organization shall consider the situation and shall make a decision on the transaction within five (5) working days.
5.2.5. In case of non-compliance with the requirements provided for in this section of the Policy, a person interested in the Organization's performance of a transaction that may cause a conflict of interest shall be liable to the Organization in the amount of the losses incurred.
5.2.6. To avoid conflicts of interest and their possible negative consequences, all employees of the Organization shall be familiarized with the provisions of this Policy.
5.3. Resolution of conflicts of interest
5.3.1.Employees of the Organization assume an ethical obligation to report all real or potential conflicts of interest, as well as to take reasonable and sufficient measures to protect themselves and the Foundation from possible negative consequences of such conflicts.
5.3.2.Employees of the Organization shall comply with the following recommendations regarding conflicts of interest:
- each actual or potential conflict of interest should be promptly disclosed in full by those involved;
- The Organization should consider and respond to each declared conflict of interest;
- the person affected by the conflict of interest should be excluded from the process of discussing and deciding on the conflict;
- decisions on conflicts of interest should be made by other persons regardless of their real, potential or possible influence on the person affected by the conflict.
5.3.3.Each notification of a potential or actual conflict of interest shall be documented in writing and shall include: the actual circumstances of the case; decisions made in connection with this conflict; names of persons involved in the decision; confirmation that the person affected by the conflict of interest did not participate in the decision on this conflict.
6. Monitoring and control
6.1. Violation of the provisions of the Conflict of Interest Policy
6.1.1. The Organization should conduct a comprehensive review to determine how well an employee of the Organization has tried to comply with these provisions regarding the conflict of interest and whether the violation of these provisions by the said person was conscious and intentional.
6.1.2. If the Board or the head of the Organization decides that an employee of the Organization has knowingly and intentionally violated the provisions on conflict of interest, this decision shall be grounds for disciplinary action up to the immediate termination of all relations of this person with the Organization.
6.1.3. In order to avoid conflicts of interest, employees of the Organization should exercise maximum caution and common sense when receiving gifts, rewards and services.
6.2. Responsibility for violations
6.2.1. Any employee of the Organization, member of the Management Board, Director who had to report but did not report a conflict of interest or a threat of its occurrence shall be provided with the opportunity to provide an explanation for such failure.
6.2.2. The Director shall be liable for violation of this Policy in accordance with the Charter, internal documents of the Organization and the norms of the current legislation of Ukraine.
6.2.3. Control over the observance of this Policy and, in particular, the process of determining, identifying and managing potential and/or existing conflicts of interest shall be exercised by the Management Board of the Fund.
7.1 This Policy is inextricably linked to other policies of the organization.
7.2. All amendments and additions to this Policy shall be made by setting it out in a new version.
7.3. After the approval of the new version of the Policy, the previous one shall become invalid.
