Anti-corruption documents. Regulatory acts regulating the fight against corruption in the Russian Federation. Russian anti-corruption legislation
The Russian Federation has developed a system of laws and regulations regulating methods of preventing, combating corruption, and minimizing its consequences. Let's consider the following regulatory legal acts included in it:
1. Constitution of the Russian Federation;
2. Federal Law of December 25, 2008 No. 273-FZ
3. "On combating corruption";
4. Decree of the President of the Russian Federation dated March 13, 2012 No. 297 “On the National Anti-Corruption Plan for 2012-2013 and amendments to some acts of the President of the Russian Federation on anti-corruption issues”;
5. Federal Law of July 27, 2004 No. 79-FZ “On State civil service Russian Federation".
6. Federal Law of March 2. 2007 No. 25-FZ “On municipal service In Russian federation"
7. Criminal Code of the Russian Federation.
The Constitution of the Russian Federation as normative act of the highest legal force lays the foundation for the fight against corruption. This can be seen in the following articles:
· Article 2: “a person, his rights and freedoms are the highest value”;
· Article 15 paragraph 2: “bodies state power, organs local government, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws”;
· Article 46, paragraph 2: “decisions and actions (or inaction) of state authorities, local governments, public associations and officials may be appealed to the court";
· Article 52: “the rights of victims of crimes and abuse of power are protected by law. The state provides victims access to justice and compensation for damage caused";
· Article 53: “everyone has the right to compensation by the state for damage caused illegal actions(or inaction) of public authorities or their officials.”
From the above articles it follows that the Constitution of the Russian Federation not only affirms the priority of human and civil rights, but also establishes ways to protect these rights from possible arbitrariness on the part of officials, including employees in positions of state civil and municipal service. In addition, the Constitution of the Russian Federation enshrines the need for citizens to comply with the Constitution of the Russian Federation and laws, since the cause of corruption and bribery is not always the initiative of an official; these can also be the actions of a citizen. Moreover, the Constitution affirms the principle of inevitability of responsibility for committing corruption offenses.
One of the most significant legal documents in the field of combating corruption is also the Federal Law of December 25, 2008 No. 273-FZ
"On Anti-Corruption", which includes provisions of some other federal laws (for example, articles on the issue of conflict of interest from Federal Law dated July 27, 2004 No. 79-FZ
"On the State Civil Service of the Russian Federation"), and is also the basis for other regulatory legal acts. The law approves the principles and methods of countering and preventing corruption, as well as measures to eliminate it negative consequences.
The lawmaker gives the following definition of anti-corruption - “the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, institutions civil society, organizations and individuals within the limits of their authority."
In accordance with the law, the fight against corruption is carried out by:
· President of the Russian Federation (determination of the direction of anti-corruption policy, distribution of competencies of federal bodies in the field of combating corruption);
· Federal Assembly of the Russian Federation (adopting laws);
· Government of the Russian Federation (distribution of functions to combat corruption between federal bodies);
· Federal authorities state authorities, state authorities of the constituent entities of the Russian Federation and local government authorities combat corruption within the limits of their powers;
· Law enforcement, others government bodies, local government bodies and their officials (informing personnel services authority about an unresolved conflict of interest);
· Prosecutor's Office of the Russian Federation (coordination of the activities of authorities in the field of combating corruption);
· Accounts Chamber Russian Federation.
Article 6 of the Federal Law “On Combating Corruption” establishes the following measures to prevent corruption offenses:
· “formation of intolerance towards corrupt behavior in society;
· anti-corruption examination of legal acts and their projects;
· presentation, in accordance with the procedure established by law, of qualification requirements for citizens applying to replace government or municipal positions, as well as checking in the prescribed manner the information provided by these citizens;
· establishment as a basis for dismissal from the position being replaced or for the application of other measures in relation to it legal liability failure to provide information, or provision of knowingly false or incomplete information about one’s income, expenses, property and liabilities property nature, their spouse and minor children;
· implementation into practice personnel work authorities at all levels of government rules, according to which long-term, impeccable and efficient execution employees of their job responsibilities should in mandatory be taken into account when appointing him to a higher position, assigning him military or special rank, class rank, diplomatic rank or with its encouragement;
· development of institutions of public and parliamentary control for compliance with the legislation of the Russian Federation on combating corruption."
The law establishes the responsibilities of state and municipal employees, such as the need to provide information on income and expenses. This measure helps track the financial well-being of employees, which makes it possible to identify facts of corruption offenses that have already been committed and bring the perpetrators to justice. In addition to duties, the law also spells out restrictions imposed on state and municipal employees. All of them are aimed at preventing, suppressing and identifying already known facts of corruption in the sphere of state and municipal services.
Moreover, the Federal Law “On Combating Corruption” establishes special requirements and duties for employees Central Bank Russian Federation, state corporations, as well as employees of organizations performing tasks assigned to them by authorities federal authorities. The increased attention to these positions is explained by the special field of activity specified organizations, as a result of which the risk of a conflict of interest increases, which in turn can lead to the commission of a corruption offense.
July 31, 2008 D.A. Medvedev adopted the “National Anti-Corruption Plan”, designed to prevent the negative consequences of corruption. Similar documents with slightly different names are adopted annually (for example, Decree of the President of the Russian Federation on the national anti-corruption strategy and the national anti-corruption plan for 2010-2011 No. 460 dated April 13, 2010). Let's consider Decree of the President of the Russian Federation dated March 13, 2012 No. 297 "On the National Anti-Corruption Plan for 2012-2013 and amendments to some acts of the President of the Russian Federation on anti-corruption issues." This decree contains the National Anti-Corruption Plan for 2012-2013.
The National Anti-Corruption Plan establishes the measures necessary to organize the implementation of the Federal Law “On Anti-Corruption” and the implementation of the National Anti-Corruption Strategy. This plan includes a detailed action plan required for execution by federal authorities, state authorities of the constituent entities of the Russian Federation and officials. Among them are the Ministry of Foreign Affairs of the Russian Federation, the Head of the Administration of the President of the Russian Federation, the Prosecutor General of the Russian Federation, investigative committee and many others.
In the list of assigned responsibilities, I would like to highlight the following:
1. Government of the Russian Federation:
a. is preparing for the sixth Conference of States Parties to the UN Convention against Corruption in the Russian Federation in 2015;
b. creates a system feedback with society and public institutions to adjust the anti-corruption policy taking into account their opinions;
c. conducting seminars for teachers educational institutions participating in the implementation of educational anti-corruption programs.
2. Federal authorities executive power should pay attention to the issue of creating a negative image of corruption among state and municipal employees;
3. Ministry of Labor and social protection The Russian Federation, together with the Ministry of Justice of the Russian Federation, the Ministry of Economic Development of the Russian Federation, must develop a set of measures that would involve state and municipal employees in combating corruption.
These points are aimed at instilling intolerance towards corruption both from the moment of training of future state and municipal employees, and during their service. In addition, the state takes into account the opinion of the population through surveys, in order to timely change the implemented anti-corruption policy. An important point is the participation of the Russian Federation in international conferences on corruption issues.
The state civil and municipal service is regulated by the Federal Laws “On the State Civil Service of the Russian Federation” and “On the Municipal Service in the Russian Federation”. Both laws address the issue of conflict of interest, which may cause a future act of corruption.
Conflict of interest is a situation in which the personal interest of a civil servant affects or may affect the objective performance of his official duties and in which a contradiction arises or may arise between the personal interest of a civil servant and the legitimate interests of citizens, organizations, society, a subject of the Russian Federation or the Russian Federation, capable of causing harm legitimate interests citizens, organizations, society, subject of the Russian Federation or the Russian Federation (the definitions in both laws are almost identical).
In the event of a conflict of interest, a civil/municipal employee is obliged to inform the employer’s representative about this in writing. If the employer's representative becomes aware of the possibility of a conflict of interest in an employee, he is obliged to take measures to resolve the conflict. To eliminate a conflict of interest, the employee refuses the benefit that is the cause of the conflict, or the official or official position of the employee is changed (including his possible removal from official duties). If the employee or the employer's representative does not take action to resolve the conflict, the employee or his employer's representative is dismissed from service.
Punishments for corruption are provided for in the Criminal Code of the Russian Federation in Chapter 30 Crimes against state power and interests civil service and services in local government bodies. Thus, the following can be classified as corrupt acts:
· Article 285. Abuse official powers
· Article 285.1. Inappropriate spending budget funds
· Article 285.2. Misuse of public funds off-budget funds
· Article 289. Illegal participation in entrepreneurial activity
· Article 290. Receiving a bribe
· Article 291. Bribery
· Article 291.1. Mediation in bribery
· Article 292. Official forgery
As a punishment for committing any of this act, the law provides for such measures as: a fine, or forced labor, or imprisonment with or without a fine (the measure depends on such aggravating circumstances as the commission of an act by a group of persons by prior conspiracy; an act in special on a large scale; the position of an employee; acts that entailed grave consequences). Also, Article 104.1 Confiscation of property of the Criminal Code of the Russian Federation provides for the gratuitous seizure and transfer into state ownership of money, valuables and other property obtained as a result of committing crimes, if the crimes were committed for mercenary reasons.
It is noteworthy that Article 104.1 bypasses the fact that property acquired by an employee illegally can be registered in the name of relatives. To stop this form of evasion of the law, in early December 2013, State Duma The Russian Federation has introduced a corresponding bill. According to the Metro newspaper, all Duma factions are ready to approve such a change, which may be introduced into the Criminal Code of the Russian Federation. The idea is also supported by the Prosecutor General of the Russian Federation Yu.Ya. Chaika, Head of the Administration of the President of the Russian Federation S.B. Ivanov, representatives of the Anti-Corruption Commission and others.
Also, if we talk about current events in anti-corruption policy in federal level, I would like to draw attention to the fact that the President of the Russian Federation created an Anti-Corruption Office, which is part of the structure of the Administration of the President of the Russian Federation. The corresponding Decree was signed by V.V. Putin on December 3, 2013.
The functions of the Department are to provide comprehensive information support to the President of the Russian Federation on issues of combating corruption (preparation of reports for the annual messages of the President of the Russian Federation Federal Assembly Russian Federation and for other speeches, analysis of the application of federal legislation in the field of corruption, etc.), taking measures to prevent, identify, eliminate the consequences of conflicts of interest and acts of corruption in the Administration of the President of the Russian Federation.
One of the most significant functions, in our opinion, is “the participation of the Office in the preparation of proposals to the President of the Russian Federation on candidates for government positions of the Russian Federation and positions of the federal civil service, appointment to and dismissal from which are carried out by the President of the Russian Federation or on the proposal of the President of the Russian Federation, insofar as it concerns the candidates’ compliance with prohibitions and restrictions, their performance of duties established for the purpose of combating corruption.” This function is precautionary and is aimed at ensuring that leading, most significant positions (for example, the Chairman of the Government of the Russian Federation) are filled by citizens whose actions are more likely to not be corrupt.
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Corruption poses a serious threat to the functioning of public authority on the basis of law and law, the rule of law and undermines the population’s trust in government, significantly slowing down economic development Russian Federation. International ratings show that the level of corruption in the Russian Federation is unacceptably high. Corruption government agencies and officials hinders development government controlled, entails huge additional costs on the part of business and the population.
On January 10, 2009, the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” came into force, which establishes the basic principles of combating corruption, legal and organizational foundations preventing and combating it, minimizing and eliminating the consequences of corruption offenses.
In order to implement the provisions of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”, Law of the Republic of Buryatia dated March 16, 2009 No. 701-IV “On Combating Corruption in the Republic of Buryatia”, Decree of the Head of the Republic of Buryatia dated April 9, 2018 No. 65 "On approval of the Anti-Corruption Program of the Republic of Buryatia for 2018 - 2020", organizing the implementation of requirements current legislation in the field of combating corruption in local governments, by resolution of the Head municipality– The Mayor of Ulan-Ude dated May 25, 2018 No. 17 (as amended on November 14, 2018 No. 43) approved the Anti-Corruption Plan in local government bodies of Ulan-Ude for 2018-2020.
The plan includes 6 sections:
- Improving the system of prohibitions, restrictions and requirements established to combat corruption.
- Ensuring uniform application of the legislation of the Russian Federation on anti-corruption in order to increase the effectiveness of mechanisms for preventing and resolving conflicts of interest.
- Improving the procedure for controlling expenses and the mechanism for turning over property to the Russian Federation for which no information has been provided confirming its acquisition with legal income. Ensuring the completeness and transparency of the information provided on income, expenses, property and property-related obligations.
- Increasing the effectiveness of educational, educational and other activities aimed at developing anti-corruption behavior of municipal employees, popularizing anti-corruption standards in society and developing public legal consciousness.
- Reducing the number of regulatory legal acts of local government bodies in Ulan-Ude that contain corruption-related factors.
- Other anti-corruption activities of local government bodies of Ulan-Ude.
In this section, you can contact the Administration of the city of Ulan-Ude regarding facts of corruption known to you in the local government of the city.
Also, information about facts of extortion or other manifestations of corruption in local government bodies is accepted via the “helpline” of the Administration of the city of Ulan-Ude: (3012) 22-22-37.
Thank you for your active citizenship.
1. United Nations Convention against Corruption, concluded by the UN General Assembly at the 51st plenary meeting on October 31, 2003 (Federallawdated 03/08/2006 No. 40-FZ “On ratification of the United Nations Convention against Corruption”);
2. Convention on criminal liability for corruption, concluded in Strasbourg on 01/27/1999 (Federal Law of 07/25/2006 No. 125-FZ “On the ratification of the Convention on Criminal Liability for Corruption”);
3. The Convention on Combating Bribery of Foreign Officials in International Commercial Transactions, concluded on November 21, 1997 within the framework of the Council of Europe (Federal Law dated 01.02.2012 No. 3-FZ “On the accession of the Russian Federation to the Convention on Combating Bribery of Foreign Officials in implementation of international commercial transactions");
4. Recommendations on combating bribery of foreign officials in commercial transactions have been adopted Working group OECD dated November 26, 2009 (Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions);
5. Guide to best practices in machinery internal control, ethics and compliance, adopted by the OECD Working Group on 02/18/2010 (Good Practice Guidance on Internal Controls, Ethics, and Compliance) (Annex to the Guidelines on Combating Bribery of Foreign Public Officials);
6. UN Convention against Transnational Organized Crime (the Russian Federation signed the Convention on December 12, 2000 (Federal Law dated April 26, 2004 No. 26-FZ);
7. UN Declaration on Combating Corruption and Bribery in International commercial organizations(approved by General Assembly Resolution 51/19 of December 16, 1996);
8. Resolution of the Committee of Ministers of the Council of Europe “On twenty principles for the fight against corruption” (adopted by the Committee of Ministers on November 6, 1997 at the 101st session);
9. Model Law “Fundamentals of Legislation on Anti-Corruption Policy” (adopted in St. Petersburg on November 15, 2003 by Resolution No. 22-15 at the 22nd plenary meeting of the Interparliamentary Assembly of the CIS Member States);
Russian legislation in the field of anti-corruption.
1. Constitution of the Russian Federation;
2. Criminal Code of the Russian Federation;
4. Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”;
5. Federal Law of 03/08/2006 No. 40-FZ “On Ratification of the United Nations Convention against Corruption”;
6. Federal Law of July 25, 2006 No. 125-FZ “On the ratification of the Convention on Criminal Liability for Corruption”;
7. Federal Law of July 17, 2009 No. 172-FZ “On anti-corruption examination normative legal acts and draft normative legal acts";
8. Federal Law No. 224-FZ dated July 27, 2010 “On combating the misuse of insider information and market manipulation and on introducing amendments to certain legislative acts Russian Federation";
9. Federal Law of December 3, 2012 No. 230-FZ “On control over the compliance of expenses of persons holding public positions and other persons with their income”;
10. Federal Law of 07.08.2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism”;
11. Federal Law of July 18, 2011 No. 223-FZ “On the procurement of goods, works, services certain types legal entities»;
12. Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”;
13. Federal Law of July 22, 2005 No. 116-FZ “On Special economic zones In Russian federation";
14. Decree of the President of the Russian Federation dated April 13, 2010 No. 460 “On the National Anti-Corruption Strategy and the National Anti-Corruption Plan for 2010 - 2011”;
15. Decree of the President of the Russian Federation dated April 11, 2014 No. 226 “On the National Anti-Corruption Plan for 2014 - 2015”;
16. Decree of the President of the Russian Federation dated May 19, 2008 No. 815 “On measures to combat corruption”;
17. Decree of the President of the Russian Federation dated April 2, 2013 No. 309 “On measures to implement individual provisions Federal Law "On Combating Corruption";
18. Decree of the President of the Russian Federation dated December 18, 2008 No. 1799 “On central authorities of the Russian Federation, responsible for the implementation of the provisions of the United Nations Convention against Corruption regarding mutual legal assistance»;
19. Decree of the President of the Russian Federation dated December 18, 2008 No. 1800 “On the central bodies of the Russian Federation responsible for implementing the provisions of the Convention on Criminal Liability for Corruption relating to international cooperation»;
20. Decree of the President of the Russian Federation dated May 18, 2009 No. 560 “On the presentation by citizens applying for leadership positions in state corporations, funds and other organizations, persons holding leadership positions in state corporations, funds and other organizations, information on income, property and property-related obligations”;
21. Decree of the President of the Russian Federation dated July 1, 2010 No. 821 “On commissions for compliance with requirements for official behavior federal civil servants and conflict of interest resolution”;
22. Decree of the Government of the Russian Federation dated February 26, 2010 No. 96 “On anti-corruption examination of normative legal acts and draft normative legal acts”;
23. Decree of the Government of the Russian Federation dated July 22, 2013 No. 613 “On the submission by citizens applying for positions in organizations created to fulfill the tasks assigned to the Government of the Russian Federation, and employees filling positions in these organizations, information on income, expenses, property and property-related obligations, checking the accuracy and completeness of the information provided and employees’ compliance with the requirements for official conduct”;
24. Decree of the Government of the Russian Federation dated January 09, 2014 No. 10 “On the procedure for reporting separate categories persons about receiving a gift in connection with their official position or by their performance of official (official) duties, delivery and evaluation of a gift, sale (redemption) and crediting of funds received from its sale";
25. Act of official interpretation of Article 13.3 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” - Guidelines on the development and adoption by organizations of measures to prevent and combat corruption, developed by the Ministry of Labor and Social Protection of Russia, approved on November 8, 2013 (as amended on April 16, 2014);
26. Strategy for the development of the electric grid complex of the Russian Federation (approved by order of the Government of the Russian Federation of April 3, 2013 No. 511-r).
27. Protocol of the Commission under the President of the Russian Federation on the strategy for the development of the fuel and energy complex and environmental safety, instructions from the Government of the Russian Federation on the disclosure of information about the structure of owners of counterparties, on the presentation of data on income, property and property-related liabilities of the management team, on the prevention and identification of conflicts of interest and other abuses related to positions held in JSC Rosseti and its subsidiaries and affiliates.
28. Anti-Corruption Charter of Russian Business, approved on September 21, 2012 by the Chamber of Commerce and Industry of the Russian Federation, the Russian Union of Industrialists and Entrepreneurs, the All-Russian public organization"Business Russia" and the All-Russian public organization "OPORA Russia" (Certificate of OJSC "Rosseti" dated September 23, 2014 No. 496).