Background to the Code of Conduct
Principles of Fair, Transparent and Legal Practices
Establishing the Code of Conduct shall be considered one of the several useful instruments of an inclusive strategy
and holistic policy to ght corruption in the private sector. The Code of Conduct consists in a set of principles on
conducting business aimed at small and medium enterprises (SMEs), having the goal to protect their business and
inform the employees and stakeholders of the SME's business objectives and expectations. The Code neither
substitutes nor contests the Moldovan legislation. Acknowledging the rule of law supremacy, it sets up the ethical
and behavioral rules for the company's shareholders, management and employees. The ultimate goal of the Code
of Conduct is to help SMES to pursue a fair, transparent and legal business activity.
Pre-assumptions for a persuasive Code of Conduct
The Code of Conduct shall not follow the “develop and le” approach, meaning codes that exist on paper only, but
are not commonly known or consistently implemented. This supercial approach would risk for both employers and
employees to become skeptical about the real utility of these codes, or even consider them counterproductively
(the code could be perceived as an additional regulatory burden, as to create an opportunity for monitoring
authorities to inict additional specious nes and/or demand for bribes). For a code to be effective, public
authorities and private entities should ensure and commit to that:
• Senior officials support the code and lead by example;
• Staff are involved in all stages of code development and implementation;
• Support mechanisms are in place to encourage the use of the code;
• Compliance with the code may be taken into account in relation to career progression and promotion;
• Compliance with the code is monitored regularly through appropriate verication means;
• Code of conduct (and general corruption-awareness) training is regular and comprehensive;
• The organization continually promotes its ethical culture (the code is an important but not the only tool);
• The code is enforced through disciplinary action when necessary;
• The code is regularly reviewed for currency, relevance and accessibility;
• The code is devised with a style and structure that meets the particular needs of their organization;
• The code becomes an integral aspect for inuencing decisions, actions and attitudes in the workplace.
Implement the Code of Conduct effectively
Writing a code alone is not enough. Therefore, the Republic of Moldova needs to give consideration to ways of
making the Code effective in terms of its status and impact. Thus Moldova may decide to give the Code general
legitimacy and authority through officially adopting a model Code of Conduct, as well as stimulating and supporting
SMEs and its senior management to comply with the Code's principles. States and private entities should publish
the code to clearly and coherently communicate to the media and general public the standards expected of officials
and employees, respectively, so that they know what are acceptable and unacceptable practices. There should be
guidance on how the public may report breaches, and to whom, as well as the ability of the media to report in good
faith on any breaches, without fear of retribution or retaliation. NAC shall have a primary role in these measures by
adopting the model Code of Conduct, publishing it on its website and promoting the Code through public campaigns.
Finally, NAC should scrutinize and monitor the implementation of the code – including regular reviews and surveys
of public and private sectors to nd out the common knowledge of the code and its implementation as well as what
are the recurrent and most hideous challenges and pressures – and to publish periodic reports on whether entities
are fullling principles of the code.
Adherence to and approval of the Code of Conduct
The Code is not compulsory for SMEs and does not trigger administrative or criminal liability of SMEs or their
managers. The Code will have a recommendatory character, and SMEs can decide to opt for full or partial adherence
to the model Code of Conduct.
2