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Provision on Corporative Ethics Committee

 

Introduction

 

The present regulations of solving disputes (‘Regulations’) have been worked out with the aim to establish a mechanism allowing to make a decision on claims related to violations of Corporative Ethics. Besides Regulations, it is possible to use as a normative base of solving disputes:


-         
the Statute of MCAEE;

-          the Charter of Corporative and Business Ethics; of the Business Community of the Republic of Belarus ;

-          Code of Honor of Minsk entrepreneurs;

-          ethic standards of the MCAEE members.

 

Definitions

 

‘Charter’ means normative documents of corporative and business ethics mentioned above which are used by the MCAEE members as a guidance.

‘Committee’ means the MCAEE Committee on Corporative Ethics which considers disputes based on any violations of corporative ethics.     

‘Dispute settlement’ means the procedure of consideration of a certain case by the MCAEE Committee on Corporative Ethics.

‘Initiating Part’ means any legal or physical person submitting a claim in accordance with provisions of Regulations.

‘Defendant’ means a part against which the claim is addressed.

‘Parts’ means any legal or physical persons being subjects of a case of violation of corporative ethics principles to be considered by the MCAEE Committee on Corporative Ethics. 

 

 

Article1 – General provisions

 

1.1.             The Committee on Corporative Ethics is a standing committee within the MCAEE.

1.2.             The Committee considers disputes connected only with violations of general principles of corporative ethics formulated in the normative base. It is possible to consider claims related to facts of corporative ethics violations made after approval of the set of documents on ethic norms of the MCAEE members. Considering of a subject and legal aspects of dispute in courts is not an obstacle for consideration of this dispute by the MCAEE Committee on Corporative Ethics.

1.3.             The condition of considering of a claim by the MCAEE Committee on Corporative Ethics is membership of at least one part of a dispute in the MCAEE.

1.4.             The MCAEE Committee on Corporative Ethics includes the Chairman and 4 members. The Committee Chairman and the members (arbiters) are appointed by the Presidium of the MCAEE and can be released from duties upon their own wish or by the MCAEE Presidium. A member of the Committee might be excluded: 1) following a written statement of a member; 2) by the decision of the Presidium made by simple majority in cases of violation of either ethic principles of independence and impartiality in decision making, or the present Regulations, as well as other violations incompatible with the activity of a Committee member. 

1.5.             A dispute could be considered on the initiative of: 1) two parts involved, 2) one part involved, 3) the MCAEE itself (by decision of the Presidium or the Committee President).

1.6.             Disputes remained unsettled through amiable negotiations of the parts or involving Committee members shall be considered by the Committee. The Committee organizes hearings of the parts of a dispute, and after the end of the trial makes its decision.

1.7.             Confidentiality

1.7.1. Since a claim has been accepted for consideration by the Committee, all the procedure of consideration and decision making shall be strictly confidential.

1.7.2. The Parts of a dispute, their representatives, arbiters, and other members of the Expert Committee as well as of the Presidium, commit themselves to keep confidentiality of information received during consideration of a claim. They shall have no right of its use in their interests or in the interests of third persons.

1.7.3. The Parts of the Trial commit themselves to keep confidentiality while making a duly signed statement described in Appendix 1.

1.7.4. Disclosure of any confidential information by any person related to the procedure trial, either premeditated or unpremeditated, shall be qualified as a violation of corporative ethics and is to be considered by the MCAEE Committee.

1.8. Functions, the order of meetings and decision making:

1.8.1. The Committee on Corporative Ethics makes decisions on the following questions:

- approval of decisions of the Chairman of the Committee to accept a claim into consideration or of a motivated refusal to consider a claim;

- control over implementing decisions of the Committee and, in the case of non-implementing (a lack of implementing), application of measures aimed to such implementing;

- in specific cases, introduction of suggestions to consider certain disputes having special public importance and complicated in the meaning of decision making, at the meeting of the MCAEE Presidium.

1.8.2. The Committee of Arbiters subordinated to the President of the Committee shall hold meetings at least once in three months:

- the Committee meetings need a quorum of not less than half of total Committee membership;

- A decision is considered to be made if at least three arbiters have voted for it;

Article2 – Presenting a claim 

 

2.1. A claim shall be prepared in written form.

2.2. A claim shall include the following:

a) Information about Initiating Part and Defendant;

b) Brief summary of factual contents of a dispute;

c) Supposed violation of ethic standards and concrete articles of the Charter which have probably been violated;

2.3. A claim shall be signed by a representative of Initiating Part duly authorized for such questions. The same person shall sign Confidentiality Commitment.

2.4. A claim shall be added with any documents including informational ones confirming the fact of ethic violation.

 

 

Article3 – Provisional checkup 

 

 

3.1. After receiving a claim (or claims, in case of simultaneous applications of Parts), the case shall be given to the Chairman of the MCAEE Committee on Corporative Ethics (‘Chairman’).

3.2. Chairman shall consider a claim during not longer than 3 calendar days after the day of its accepting and beforehand define whether the subject of a claim could be considered by the MCAEE Committee, and then duly inform Claimant.

3.3. If a claim does not correspond to the subject and tasks of activities of the Committee or has not been duly prepared, it shall be returned to Initiating Part (Parts) with motivated refusal. The decision to refuse shall be made at the meeting of the Committee and sent by mail or given by signature to a representative(s) of Initiating Part(s);

3.4.If Chairman defines beforehand that contents and form of a claim correspond to the Regulations, it shall be accepted for consideration. A decision made shall be affirmed at the meeting of the Committee, and then Initiative Part(s) and Defendant shall be informed in written form. In this case copies of a claim and other documents shall be sent by mail to Defendant or given to his/her representative.

 

 

Article 4 – Preliminary actions aimed to solve a dispute

 

 

4.1. After both Parts (if they had applied simultaneously) received a note that Defendant had received copies of a claim and attached documents, as well as a note of accepting to consideration, Chairman shall connect with both Parts with a suggestion to settle the dispute peacefully.

4.2. At this stage Chairman shall offer to the Parts to negotiate or to appoint a neutral arbiter from Committee members in order to assist negotiations, defining terms for settling (not longer than 7 calendar days).

4.3. If negotiations or participation of a mediator lead to successful settling of a dispute, the trial shall be finished which shall be declared in a final document to be signed by both Parts and a Committee member.

4.4.If the negotiations failed within terms provided, or the Parts (or one Part) refused to settle the dispute, Committee hearings shall start to be prepared.

4.5. In this case, Chairman sends to Defender a note of necessity to provide to the Committee an answer to the claim of Initiating Part within seven calendar days starting from the moment Defender received a note.

4.6. In his written answer, Defender shall express his position on the question considered.

 

 

Article 5 – Meeting of the Committee

 

 

5.1. If Defendant has not presented written answer to the Committee within terms provided, it shall be considered as his refusal to participate in procedures of settling the dispute in the Committee, and the case might be considered being based on a claim of Initiating Part.

5.2. Chairman of the Committee (his deputy) shall define the date and the place of hearings. The Parts shall be informed of this time and place by a written note sent or given by signature to representatives of the Parts.

5.3. The Committee shall make all possible efforts to ensure hearings to take place not later than 7 calendar days since the day of the beginning of procedure of the trial.

5.4. Hearings may take place in absence of the Parts, if the Parts have been duly informed of the place of hearings (notification is considered appropriate if the Parts reaffirm the Commission that they have received it).

5.5. At hearings, the Committee is obliged to provide the Parts with equal opportunities to present their arguments. Each Part has the right to take part in hearings personally or via its representative. The Committee has the right to put questions to any of the Parts.

5.6. The Committee is absolutely competent to define the order of hearings and necessity to receive additional information.

5.7. If, after hearing of speeches of the Parts, the Committee considers possible to make a decision, arbiters shall close the hearings and proceed to pronounce its judgement without participation of the Parts.

5.8. If the Committee decides that it is necessary to request any additional information for further examination, it shall fix next hearing. Dates and terms of providing the above mentioned information shall be fixed by the Committee but they shall not exceed 7 calendar days.

5.9. At hearings, the Committee has the right, if necessary, to invite experts, including lawyers requiring payment provided they sign obligations to keep confidentiality. The Parts shall bear expenses for inviting experts in equal shares.

Article 6 – Decision of the Board of Arbiters

 

6.1. The decision of the Committee shall contain the following:

- Short description of facts of the case;

- Ascertainment or absence of a fact (or facts) of a declared violation of the Charter of Corporative Ethics or other normative documents.

One of the following decisions might be made applying to the infringer of the Code:

6.1.1. The declared violation of the Charter has not taken place;

6.1.2. Information shall be taken into account in the case of its unimportance or settling the dispute;

6.1.3. Infringer shall be provided with a term to remove reasons led to violation of the Code, and then the question shall be repeatedly considered by the Committee;

6.1.4. Informing all the members of the MCUEE of actions (deeds) of an infringer (via mail, Internet, printed media, the Association documents);

6.1.5. Recommendations to the Presidium to exclude from the Association or stop the membership in the Association;

6.1.6. Spreading information of actions (deeds) of an infringer outside the Association (in mass-media, state and public structures, other associations of entrepreneurs, enterprises).

6.1.7. Provisions6.1.4 and 6.1.5 come into force only after their appointment by the Presidium of the Association.

6.1.8. Provisions6.1.3 and 6.1.5 shall be implemented by the Secretariate ( Press Center ) of the Association.

6.2. The decision of the Committee comes into force if it has been taken by the majority of votes. The Committee shall make all possible efforts to provide its decisions to be unanimous. In the case of disagreement of certain arbiters with the Decision made, this disagreement shall be noticed as a special opinion.

6.3. The decision of the Committee is strictly confidential.

 

 

Article7 – Implementation of Decisions 

 

 

7.1. Chairman must immediately send copies of the Decision of the Committee to the Parts of the Dispute and to the MCAEE President.

7.2. If the Decision provides that violation of the Charter has not been established, examination shall be closed.

7.3. If the Decision provides that violation of the Charter has taken place, Parts must agree mutually acceptable settling of the dispute within seven calendar days, taking into account the Decision of the Committee.

 

 

Article 8 – Order of payment of fees at application to the Committee, its reimbursement and expenditure of funds

 

 

8.1. At presenting a claim to the MCAEE Committee on Corporative Ethics, Initiating Part (Parts, in case of simultaneous application) shall pay a fee of 50000 Belarusian roubles for the MCAEE members and 150000 Belarusian roubles for nonmembers.

8.2. The sum of the fee shall be transferred into the MCAEE account with payment formulation ‘To finance the MCAEE programs’.

8.3. If the case is initiated by the MCAEE Presidium or by the Chairman of the Committee, there shall be no fee payment.