Anti-Corruption Clause in Civil Law Contracts: Theoretical and Practical Aspects of Use

The purpose of the article is to analyze the essential content and features of the practical use of such a tool for countering corruption manifestations at the level of organizations as an anti-corruption clause included in the text of civil law contracts concluded by it with its counterparties. In this context, the subject of the research conducted in the framework of the article is a set of key characteristics inherent in the anti-corruption clause, legal norms governing its use in civil law contracts, as well as forms of practical use of this tool in the practical activities of modern organizations. At the same time, a set of general scientific methods of comparative analysis and synthesis of the main approaches to the study of the issues under consideration, outlined by the predecessors, is used. Also, within the framework of achieving the research goal, a comprehensive use of formal legal and comparative legal methods is provided. On this basis, the main approaches to the formulation of the essential content of the category "anti-corruption clause", the features of its use in the process of regulation of anti-corruption at the level of organizations, the problematic aspects accompanying the use of this tool are considered. Special attention is paid to the use of an anti-corruption clause in the text of employment contracts concluded by an organization with its employees. The necessity of fixing the mandatory nature of the inclusion of an anti-corruption clause in the text of an employment contract concluded with persons holding corrupt (corruption-dangerous) positions is substantiated.

anti-corruption clause, anti-corruption, civil law contract, business reputation, corruption risks, organization, employment contract, counterparty, corruption-related positions, company