Overview of legal regulations and anti-corruption program

The Transport Research Center publishes all documents related to the anti-corruption program and obligations under applicable legislation. On this page, you will find an overview of the regulations, internal measures, and legal standards that govern the institution.

Overview of the most important legal regulations according to which CDV acts and makes decisions

• Act No. 106/1999 Coll., on free access to information, as amended

• Act No. 320/2001 Coll., on financial control in public administration and on amendments to certain acts (Act on Financial Control), as amended

• Act No. 130/2002 Coll., on support for research, experimental development, and innovation from public funds and on amendments to certain related acts (Act on Support for Research and Development), as amended

• Act No. 341/2005 Coll., on public research institutions, as amended

• Act No. 89/2012 Coll., Civil Code, as amended

• Act No. 134/2016 Coll., on public procurement, as amended

• Act No. 110/2019 Coll., on the processing of personal data

Anti-Corruption Program

The aim of anti-corruption measures is to reduce employees' motivation to engage in corruption, increase the likelihood of its detection, and establish credible mechanisms for reporting suspected corrupt conduct.

Status of the document

(1) The Anti-Corruption Program of the Transport Research Center, v.v.i. (hereinafter referred to as the Anti-Corruption Program) is part of the institution's internal regulations. Other internal regulations include measures and orders issued by the director of the institution and methodological guidelines issued by department heads, both of which are primarily operational management tools. Other internal documents include the quality manual and quality management system guidelines.

(2) The issuance and amendment of permanent documents (Basic Documents, Quality Manual, and Guidelines) is governed by the basic document Management Documents and Their Management. The documents are published on the intranet for CDV employees and are issued in printed form in three copies, intended for management representatives, the document administrator, and the quality manager.

3) The initial impetus for the development of the Anti-Corruption Program was Government Resolution No. 752 of October 2, 2013, which approved the Framework Internal Anti-Corruption Program, which required the creation of a departmental internal anti-corruption program and other internal anti-corruption programs of departments in accordance with the Framework Internal Anti-Corruption Program. The Ministry of Transport's Internal Anti-Corruption Program (hereinafter also referred to as "RIPP MD") was updated on the basis of a task set out in the Government's Strategy for Combating Corruption for the period 2015 to 2017. The update is based on the update of the RIPP MD as of July 12, 2018, based on Resolution No. 853 of the Government of the Czech Republic of November 29, 2017. In accordance with the Government's Anti-Corruption Strategy for 2018 to 2022, the Ministry of Transport was tasked, on the basis of the Action Plan for Combating Corruption for 2019 approved by Government Resolution No. 170 of March 11, 2019, with the task of collecting data and initiating the processing of a sectoral analysis of corruption in the transport sector within the framework of the so-called first priority area called " Executive and Independent Executive," the task of collecting data and initiating the processing of a sectoral analysis of corruption in the field of transport. This task was assigned because the Government's Anti-Corruption Concept for 2018-2022 classified transport as one of the so-called risk sectors in which corruption (whether in the form of bribery or clientelism and nepotism) may occur to a greater extent or where there may be scope for more effective curbing of corruption. Based on this Ministry Internal Anti-Corruption Program, institutions under the Ministry of Transport are required to update their own internal anti-corruption programs or to follow the Ministry of Transport's Internal Anti-Corruption Program.

The changes to the internal anti-corruption program in 2019 are an application of the changes to the Ministry of Transport's internal anti-corruption program made in March 2019. The last update to the RIPP was made effective on November 20, 2018 (see the MD website

https://www.mdcr.cz/Ministerstvo/Boj-s-korupci

).

1 PROGRAM OBJECTIVES

1.1. The objective of this program of the Transport Research Center, v. v. i. (hereinafter also referred to as the "institution" and "CDV") is:

• to establish an effective and efficient corruption prevention system,

• to identify corruption risks,

• to define areas of activity where corruption could occur,

• to establish a strategy for preventing and combating corruption,

• to eliminate or reduce the conditions conducive to corrupt practices.

1.2. In addition to the above objectives, the CDV also emphasizes:

• maximising the awareness of its employees,

• strengthening moral integrity,

• actively promoting ethical principles,

• creating and strengthening an anti-corruption climate so that corruption in any form is unacceptable for the proper functioning of the CDV institution,

• transparency, with the aim of increasing the likelihood of detection.

1.3. Establishing a strategy for preventing and combating corruption. CDV has internal documents that also include the goal of eliminating or minimizing the conditions that could lead to corrupt practices.

2 INTERPRETATION OF TERMS

2.1. Corruption is generally characterized as a relationship between two parties (although in this contractual relationship, there may be more than one entity on one side), in which one party violates its obligations, in particular by abusing a certain power (abuse of power also includes abuse of position), for which it obtains an unjustified advantage for itself or another, either on its own initiative or at the instigation of another person, whereby the other party also obtains a certain unjustified advantage for itself or another, and there is a connection (link) between the breach of duty and the unjustified advantage.

2.2. The concept of corruption encompasses social phenomena that differ radically in nature. The forms of bribery, the amount of the bribe, the scope of the persons involved, the complexity, and the length of the processes vary. In addition to bribery, nepotism and clientelism are also among the main forms of corruption.

We understand corruption to be a promise, offer, or provision of a bribe or other undue advantage with the aim of influencing someone's actions or decisions. We also refer to the solicitation and acceptance of bribes as corruption.

2.3. Punishment for corrupt conduct is governed in particular by Act No. 40/2009 Coll., the Criminal Code, as amended, specifically in the provisions of § 331 - Acceptance of a bribe, § 332 - Bribery, and § 333 - Indirect bribery. In addition to bribery, the Criminal Code enshrines several other criminal offenses that define corrupt conduct.

2.4. Corrupt conduct is not always criminal in nature; it may be a conflict with generally accepted moral principles. Corrupt conduct is driven by:

1. the pursuit of individual gain, whether material or immaterial,

2. the impact on the public (state) or semi-state sphere,

3. the deliberate violation of legal norms,

4. the reward of a certain advantage, again material or immaterial.

2.5. Anti-corruption stance In addition to personal integrity, an anti-corruption stance means, in particular, compliance with legal regulations and internal regulations of the institution, emphasizing the importance of protecting the institution's property, emphasizing the importance of the existence of and compliance with ethical principles in the performance of work, promoting behavior that rejects corruption, and emphasizing the investigation of suspicions and the imposition of appropriate disciplinary and other measures in the event that the investigated facts are proven.

3 INSTITUTIONAL ANTI-CORRUPTION MEASURES

3.1. Promotion of an anti-corruption stance by managers It is the duty of all managers to promote an anti-corruption stance. All managers must actively participate in the fight against corruption and, in addition to their own integrity, demonstrate consistent compliance with applicable laws and internal regulations of the institution, emphasize the importance of protecting the institution's property, emphasize the importance of the existence of and compliance with ethical principles in the performance of work, and promote behavior that rejects corruption. Senior employees shall investigate suspicions of corruption and, if confirmed, take appropriate disciplinary and other measures.

3.2. Employee training Regular training, seminars, and education for employees are approved and recorded by the institution's human resources officer in accordance with the CDV Work Regulations. With regard to anti-corruption issues, employees are kept informed on an ongoing basis, particularly at meetings and work meetings in accordance with the institution's organizational structure, through education on anti-corruption issues related to the code of ethics,

with a further focus on increasing the ability to recognize corruption, raising awareness of the protection of employees who report suspected corruption, and the institution's procedures in the event of confirmed corrupt conduct.

4 SYSTEM FOR REPORTING SUSPICIONS OF CORRUPTION

4.1. Reporting system The system for reporting suspicions of corruption allows employees or third parties to report suspicions of corruption anonymously. It is a two-stage process: 1. initial assessment of the relevance of the reported information, 2. verification of the reported information.

4.2. Methods of reporting The reporter may report suspected corrupt conduct in the following ways:

• a) from an anonymous email address to a senior employee;

• b) in person to a senior employee. In the case of suspicion of a senior employee, the information must be passed on to his or her superior in accordance with the CDV Organisational Rules

• c) by post to the address: Transport Research Centre, v. v. i., Líšeňská 33a, 636 00 Brno

• d) by email to info@cdv.cz.

• e) in writing to the mailbox designated for reports, which is located in the area in front of the cafeteria in building 50 02; the contents are checked by authorized employees of the director's department.

4.3. Content of the report The report should clearly contain the following information:

• a) identification of persons suspected of committing unacceptable conduct and all persons involved and persons benefiting from it,

• b) description of the unacceptable conduct,

• c) specific evidence or findings supporting the suspicion of unacceptable conduct.

Any report containing the above-mentioned elements of the required content will be dealt with by the CDV management, which will follow the established procedures for suspected corruption.

4.4. Protection of whistleblowers The institution shall ensure the protection of the whistleblower throughout the investigation of the report of suspected corruption and its evaluation, even if its validity is not proven. A person who has reported corrupt or otherwise unacceptable conduct shall not be directly or indirectly punished or disadvantaged.

4.5. Investigation of reports The initial justification and validity of the report shall be investigated by a superior employee in accordance with the CDV Organisational Rules. One of the duties of the superior employee concerned is to ensure the protection of the whistleblower, or to keep their identity confidential if they so request in the report. If the report is found to be justified, the case shall be referred to the Commission for resolution. The Commission dealing with reports of suspected corruption is composed of members of the management board: Řl, ŘD, RES, HR manager, lawyer.

5 TRANSPARENCY

5.1. The goal of transparency The goal of transparency is to deter employees from corrupt behavior by increasing the likelihood of detection. Transparency allows for public scrutiny of the institution's management by both employees and the public.

5.2. Disclosure of information on public funds The institution discloses information in accordance with applicable laws and the requirements of its founder. The information disclosed by the CDV includes:

1. information relating to the selection of suppliers, including public procurement;

2. information relating to the provision of grants, subsidies, European or other funds;

3. information relating to the management of assets;

4. information on public contracts awarded, including small-scale public contracts;

5. information on contracts concluded with a value exceeding CZK 50,000 excluding VAT, including amendments.

When awarding public contracts of all sizes, the institution proceeds in accordance with Act No. 134/2016 Coll., on Public Procurement, as amended, the CDV Work Rules, and internal guidelines: Work procedure for the implementation of selection and tender procedures, Management of commercial contracts taking into account the mandatory procedure for public procurement and tender procedures.

5.3. Publication of information on the decision-making system The institution publishes information in accordance with the applicable legal regulations to the extent specified by the institution's internal regulations.

5.4. Publication of relevant information from the professional CV of the director of the institution directly related to the performance of the function of director of the institution. s.s.

5.5. The institution publishes vacancies on its website to ensure that new job applicants are informed and potentially unencumbered, without the risk of exclusively personal or property ties.

6 CORRUPTION RISK MANAGEMENT AND CONTROL MONITORING

Active corruption risk management helps to identify areas with increased corruption potential and to review and strengthen the existence and functionality of control mechanisms in these areas.

6.1. Corruption risk assessment Corruption risk assessment is carried out in the institution once a year and includes:

• a) identification and assessment of corruption risks in all activities of the institution;

• b) creation of a catalog of corruption risks;

• c) establishment of a corruption risk management strategy;

• d) adoption of measures to reduce the likelihood or impact of corruption risks.

6.2. Monitoring of control mechanisms for detecting corruption The CDV is responsible for monitoring mechanisms for detecting corruption, particularly in areas where the risk of corruption is assessed as significant.

Regular testing of control mechanisms in areas of corruption risk in terms of their effectiveness in preventing or detecting corrupt practices is provided by these mechanisms.

Means used to detect suspected corruption:

• absence of control mechanisms,

• internal reports,

• complaints,

• internal audits,

• data analysis,

• conflict of interest,

• purchase of unnecessary goods,

• supplier without a website,

• purchases just before the end of the project,

• handwritten invoices,

• supplier who issues at least 13 invoices per year.

6.3. Investigation of risk areas Regular risk assessment is also related to regular investigation in areas where the risk of corruption is assessed as significant. This investigation will identify and evaluate facts that would indicate the occurrence of corrupt practices.

7 PROCEDURES IN CASES OF SUSPECTED CORRUPTION

7.1. Procedures for investigating suspected corruption The institution or the relevant senior employee shall first investigate the relevance of the reported suspicion of corruption without delay, then conduct a thorough analysis of the cause of the corruption and verify the extent of the corrupt conduct. A thorough analysis of the causes of the corrupt conduct is essential to strengthen preventive mechanisms that will reduce the risk of corruption recurring. The aim is to minimize the losses caused by corrupt conduct and to prevent similar corrupt conduct from recurring.

7.2. Initial investigation The purpose of the initial investigation is to identify the factors that gave rise to the suspicion and to clarify whether, at this stage, the detected or reported irregularity can be ruled out as having been caused by intent or negligence. As part of this investigation, appropriate and relevant inquiries are made among CDV employees with the utmost caution and care. At the same time, relevant documents are collected, checked, and sorted. If, after assessing the initial evidence gathered, the immediate superior concludes that no corruption or fraud has occurred, he or she shall close the case with a written report on the results of the initial investigation, including the reasons for its closure, and shall immediately forward it to the director of the institution and also inform the director of the division or, where applicable, the director of the Unit.

7.3. Initiation of proceedings If the initial investigation confirms the suspicion that corrupt or fraudulent conduct may have occurred, the immediate superior/division director or unit director shall secure all original documentation for the purposes of further investigation in order to prevent the loss of evidence that could be relevant to subsequent administrative proceedings or investigations conducted by law enforcement authorities and possible criminal prosecution in court. In light of this, the immediate supervisor shall immediately inform the director of the institution, the division director, or the department director of the results of the initial investigation and the situation at CDV. The investigation must, in particular, prevent further damage, protect evidence, and minimize internal conflicts.

After discussing the results of the initial investigation, the director of the institution shall agree on or approve the initial procedure, including the individual steps taken within its framework. The director of the institution shall also consider the possibility of filing a criminal complaint.

7.4. Follow-up measures The CDV will implement follow-up measures on three levels, which should prevent the recurrence of any corrupt practices:

• a) adjustment of internal processes,

• b) disciplinary measures,

• c) resolution of damages incurred.

The implementation of corrective measures and the documentation for the report on the internal anti-corruption program pursuant to this paragraph will be ensured by the institution's lawyers. An employee who has committed proven corruption will be immediately disciplined. If the elements of a criminal offense are met, the employee's conduct will be reported to the criminal justice authorities.

8 EVALUATION OF THE INTERNAL ANTI-CORRUPTION PROGRAM

The aim of the evaluation is to improve the internal anti-corruption program and enable the coordination of anti-corruption activities.

8.1. Evaluation of the internal anti-corruption program Regular evaluation of the effectiveness of the internal anti-corruption program focuses on the fulfillment of all its parts, the effectiveness of this fulfillment, and the implementation of corrective measures. The deadline for evaluation is September 15 (unless otherwise specified by the founder) to correspond with the September 30 deadline set by the approved Government Strategy for Combating Corruption for the annual regular evaluation of the internal anti-corruption program, or its update and publication on the CDV website. The institution's Legal Department will be responsible for the evaluation.

8.2. Report on the internal anti-corruption program The Legal Department will ensure the annual preparation of a report on the implementation of the internal anti-corruption program and the corrective measures taken. The report will include:

• a) the status of implementation of anti-corruption tools,

• b) a plan for corrective measures,

• c) the system and scope of training provided,

• d) a catalog of corruption risks,

• e) the number of identified suspicions of corruption and the results of their investigation,

• g) the results of the evaluation of the effectiveness of the entire anti-corruption program.

The annual report shall be prepared before the evaluation deadline, see point 8.1, by August 15 of each year, and shall be published on the CDV website after evaluation.

8.3. Updating the internal anti-corruption program The institution shall update the internal anti-corruption program on the date specified in point 8.1 and on the basis of the implementation report - see point 8.2. If it is necessary to update the anti-corruption program earlier, the institution shall carry out the update and also publish it on the CDV website.

9 RELATED LEGISLATION

9.1. Legal regulations

1. Act No. 159/2006 Coll., on conflicts of interest, as amended

2. Act No. 134/2016 Coll., on public procurement, as amended

3. Act No. 40/2009 Coll., Criminal Code, as amended Act No. 141/1961 Coll., on Criminal Procedure (Criminal Procedure Code)

4. Act No. 262/2006 Coll., Labor Code, as amended

5. Act No. 320/2001 Coll., on Financial Control in Public Administration and on Amendments to Certain Acts (Financial Control Act), as amended

6. Act No. 340/2015 on Special Conditions for the Effectiveness of Certain Contracts, Publication of Such Contracts, and the Register of Contracts (Act on the Register of Contracts), as amended.

7. Organizational Rules, Work Rules, Salary Rules, Code of Ethics, and other internal regulations

9.2. Internal regulations of the institution The principles of conduct for researchers are set out in:

• a) the CDV Work Rules.

• b) the Code of Ethics, the effectiveness of which has been extended to all employees of the institution.

• c) in the Work Procedure for the Implementation of Selection and Tender Procedures,

• d) in the Management of Commercial Contracts

Violation of the institution's internal regulations constitutes a violation of the employee's work obligations pursuant to the provisions of Section 301 of Act No. 262/2006 Coll., the Labor Code, as amended.

The updated anti-corruption program is effective from February 1, 2020, and is binding on all CDV employees as an internal regulation.

Protikorupční program (PDF; 7.19 MB)

Reports on the internal anti-corruption program

Zpráva o interním protikorupčním programu - 2021 (PDF; 166.71 KB)

Zpráva o interním protikorupčním programu - 2020 (PDF; 188.75 KB)

Zpráva o interním protikorupčním programu - 2019 (PDF; 570 KB)

Zpráva o interním protikorupčním programu - 2018 (PDF; 571.47 KB)

Zpráva o interním protikorupčním programu - 2017 (PDF; 174.13 KB)

Zpráva o interním protikorupčním programu - 2016 (PDF; 223.53 KB)

Zpráva o interním protikorupčním programu - 2015 (PDF; 167.6 KB)