22 октября 2008
19880

Draft Federal law On counteracting to corruption

 Introduced to the State Duma by the President of the Russian Federation The present Federal law establishes the underlying principles for counteracting  to corruption, the extent and nature of which pose a threat to security of the Russian Federation, legal and organizational bases for preventing and combating corruption minimization and (or) elimination of the consequences of corruption offenses. Article 1.Underlying terms used in the present Federal law For the purposes of the present Federal law, the following underlying notions are used: corruption: а) abuse of an official position, giving a bribe, taking a bribe, abuse of power, commercial bribery or other illegal use by an individual of its official position, in defiance of the legitimate interests of the society and the State, for the purpose of self-benefit in the form of money, valuables or other assets or services of material nature for oneself or for third parties or illegal provision of such benefits to the specified person by other individuals; b) acts specified in sub-paragraph "а" of the present paragraph, on behalf or in the interests of a legal entity; counteracting to corruption - the activity of federal bodies of the State authority, bodies of the State authority of the subject of the Russian Federation, local self-governments of municipalities, institutions of the civil society, organizations and individuals within their powers: to prevent corruption, including identification and consequential termination of the causes of corruption (prevention of corruption); to identify, prevent, combat, exposure and investigate corruption offences (combating corruption); to minimize and (or) terminat the consequences of the corruption offences; members of the family of the State or municipal officer - husband (wife) and minor children. Article 2.Legal basis for counteracting to corruption The legal basis for counteracting to corruption is constituted by the Constitution of the Russian Federation, the present Federal law and other federal laws, generally accepted principles and norms of the international law, international treaties of the Russian Federation, regulatory acts of the President of the Russian Federation and the Government of the Russian Federation, as well as regulatory acts of federal bodies of the State authority, bodies of the State authority of subjects of the Russian Federation and bodies of local self-government of municipalities. Article 3. Underlying principles for counteracting to corruption Counteracting to corruption in Russian Federation is based on the following underlying principles: recognition, securing and protection of the principal human rights and freedoms; legality; use of aid of the State and municipal officers and other persons; unavoidability of liability for the corruption offences; integrated use of political, organizational, information-propagandistic, socio-economic, legal, special and other measures; priority application of measures to prevent and combat corruption as part of the activity of political parties, public and municipal service, in legislative, judicial and law enforcement activity, in the budget process, banking activities, at the organization of the State and municipal procurement, in the field of funding, registration and licensing the activities of legal entities, as well as in the housing and utilities sector, in the field of construction, health and education; cooperation between the State with the institutions of the civil society, international organizations and natural persons. Article 4. International cooperation of the Russian Federation in the field of counteracting to corruption The Russian Federation in accordance with international treaties of the Russian Federation and (or) on the basis of the principle of reciprocity, cooperates with foreign States in the field of counteracting to corruption, their law enforcement bodies and special services, as well as with international organizations for the purpose of: identification of persons considered as suspects (alleged offenders) of corruption offences, their location, and location of other persons involved in corruption offences; identification of property, obtained through the corruption offences or serving as their instruments; provision, in appropriate cases, of items or samples of means for research or forensic examinations; exchange of information on instruments and methods of the corruption offences; coordination of activities for the prevention of corruption and its countering. Foreign citizens, Stateless persons, who do not have a permanent residence in the Russian Federation, foreign legal entities of civil capacity, established in accordance with the laws of foreign States, international organizations and their branches and representative offices (foreign organizations), accused (suspected) in corruption offences outside the Russian Federation are criminally liable under the legislation of the Russian Federation. Article 5. Organizational basis for counteracting to corruption 1.The President of the Russian Federation:defines the main directions of the State policy in the field of countering corruption;establishes the competence of federal executive bodies, in whose operating control he is involved, to combat corruption. 2.The Government of the Russian Federation allocates functions between the federal executive bodies, in whose operating control it is involved, to combat corruption. 3. The federal bodies of the State authority, bodies of the State authority of subject of the Russian Federation and bodies of local self-government of municipalities, conduct prevention of corruption within the limits of their authority. 4.In order to assure coordination of the activities of federal  executive bodies, executive bodies of subject of the Russian Federation and bodies of local self-government of municipalities to implement the State policy to counteraction to corruption to the  decision  of the President of the Russian Federation allows for the formation of the bodies composed of representatives of federal bodies of the State authority, bodies of the State authority of subjects  of the Russian Federation and other persons (hereinafter - the bodies for the coordination of activities for counteracting  to corruption). For the execution of the decisions of the bodies for the coordination of activities in the field of counteracting corruption, drafts can be drawn up of decrees, orders and instructions of the President of the Russian Federation, drafts of decrees, orders and instructions of the Government of the Russian Federation, that are presented for the consideration, correspondingly, to the President of the Russian Federation, the Government of the Russian Federation in the established manner, as well as acts can be issued (joint acts) of the federal bodies of the State authority, bodies of the State authority of subjects of the Russian Federation, the representatives of which are part of the composition of the corresponding body. Upon receipt of information about the corruption offences, bodies involved in coordinating activities in the field of counteracting to corruption, approach the corresponding government bodies to verify such data and adoption of the decisions on them in accordance with the manner as established by the law. 5.The Attorney General of Russian Federation and his subordinate prosecutors within the limits of their power, coordinate activities, for counteracting to corruption, of bodies of Internal Affairs of the Russian Federation, the bodies of federal security service, customs authorities of the Russian Federation and other law enforcement agencies and execute other authorities in the field of counteracting to corruption, as established by the federal law. 6.Accounting Chamber of the Russian Federation within the limits of its power, secures the counteracting of corruption through the implementation of control over the execution of the federal budget and budgets of federal extra budgetary funds and cooperation with other control bodies of the Russian Federation. Article 6. Measure for preventing corruption Prevention of corruption is implemented through the following major steps: development of intolerance in the society to the corruptive behavior, including through anti-corruption propaganda; anti-corruption expertise of legal acts and their drafts; presentation, in the manner as established by the law, of special (qualified) requirements to the citizens, applying for substitution of the State or municipal posts and posts of the State or municipal service, as well as verification in the established manner of the information, presented by such citizens; Establishing, as grounds for dismissal of person holding the post of the State or municipal service that is included in the list, as established by the regulatory acts of Russian Federation, from such post of the State or municipal service or application in its relation of other means of legal liability, failure to present information or presentation of false or incomplete information about its income, on the property and liabilities that have a material nature, as well as presentation of false information on the income, property and liabilities of material nature of his family members; introduction into the practice of personnel work of federal bodies of the State authority, bodies of the State authority of subjects of the Russian Federation, bodies of local self-government of municipalities, rules under which a continuous, perfect and effective enforcement by the State or municipal officers of their duties must be necessarily taken into account when appointing such person to the higher office, assigning that person a military or special rank, class ranking, diplomatic rank or at encouraging such person; the development of institutions of public and parliamentary control over the compliance with the legislation of the Russian Federation on counteracting to corruption; establishment of liability for the corruption offences. Article 7. Main directions of activity of the State bodies for the increasing of the effectiveness of countering corruption Main directions of activity of the State for the increasing of the effectiveness of counteracting corruption, are: 1)a unified the State policy in the field of countering corruption; 2)establishment of a mechanism for interaction between law enforcement and other state  bodies with public and parliamentary committees on issues related to counteracting to corruption, as well as with citizens and institutions of civil society; 3)the adoption of legislative, administrative and other measures aimed at attracting primarily the State and municipal officers, as well as natural persons, to more active participation in counteracting to corruption, for the development in the society of a more negative attitude towards corrupt behavior; 4)improvement of the system and structure of  state bodies, the establishment of mechanisms for public monitoring of their activities; 5)introduction of anti-corruption standards, that is establishing for the corresponding field of social activity of a unified system of prohibitions, restrictions and permits, that assure the prevention of corruption in this field; 6)the unification of the rights and restrictions, prohibitions and duties, as established for the State officers, as well as for the persons, holding the State posts of the Russian Federation; 7)assuring access of the citizens to the information on the activities of the federal bodies of the State authority, bodies of the State  authority of subject of the Russian Federation and bodies of local self-government of municipalities, increasing the independence of the mass media; 8)strict observance of the principle of independence of judges and non-interference in the judicial work; 9)improving the organization of activity of law enforcement and regulatory bodies to counteracting to  corruption; 10)development of a system of measures, aimed at improving the order of passing the State and municipal service; 11)reduction of the category of persons, that are subject to special proceedings in criminal cases and conduct of search activities; 12)assuring transparency, competition and fairness at holding auctions and tenders for the right to enter into the State or municipal contracts; 13)elimination of unjustified prohibitions and restrictions, particularly in the area of economic activity, narrowing the scope of the shadow economy; 14)amplification of supervision over the structure of ownership of the organization if there is information about its involvement in corruption offences; 15)perfecting the order of use of the State and municipal property, the State and municipal resources (including, during the provision of the State and municipal aid), as well as the transfer of the rights for the use of such property and its alienation; 16)increasing the level of wages of the State and municipal officers; 17)strengthening of international cooperation and the development of effective forms of cooperation with law enforcement agencies and special services, units of financial intelligence and other competent bodies of foreign States and international organizations in the field of counteracting to corruption and searching for, confiscation and repatriation of property, obtained through corruptive activities and which is located abroad; 18)increasing control over the resolution of issues, contained in the statements of natural and legal persons; 19)the transfer of part of the powers of the federal bodies of the State authority to bodies of the State authority of subjects of the Russian Federation, with simultaneous introduction of the evaluation system to evaluate their work, and part of the functions of The State bodies in the private sector; 20)reduction in the number of The State and municipal officers, with simultaneous attraction, for the State and municipal service, of highly skilled professionals and creation of adequate material incentives, depending on the volume and results of the work; 21)increasing the liability of federal bodies of the State authority, bodies of the State authority of subjects of the Russian Federation, bodies of local self-government of municipalities and their officials, for their failure to adopt measures to eliminate the causes of corruption; 22)optimization and specification of powers of the State bodies and their officers, which should be reflected in the administrative and official regulations. Article 8. Duty of the State and municipal officers to present information on the income, property and liabilities of material nature 1.A citizen that is holding the post of the State or municipal service, that is included in the list, as established by the regulatory acts of the Russian Federation, as well as an officer, holding the position of public or municipal service, included in the list as established by the regulatory acts of the Russian Federation, must present to the representative of the hirer (employer) information on their income, on property and liabilities of material nature and on the income, property and material liabilities of their family members. The manner of the provisions of the specified information is established by the federal laws and regulatory acts of the Russian Federation. 2.Information on income, property and liabilities of material nature, presented by the State and municipal officers in accordance with the present article, is considered confidential, unless it is considered by the federal law as the information that constitutes the State secret. 3.Use of the information on income, property and liabilities of material nature of the State or municipal officer and members of his family, is not permitted for the establishment or identification of its solvency and solvency of his family members, for the collection, in the direct or indirect manner, donations (contributions) to the funds of public associations or religious or other organizations, as well as for the benefit of natural persons. 4.Persons, responsible for disclosing information on the income, property and liabilities of material nature of the State or municipal officer and his family members, or use of this information for purposes not covered by the federal laws, are liable in accordance with the legislation of the Russian Federation. 5.Information on income, property and liabilities of material nature of the State and municipal officers can be granted for the publication by the mass media, in the manner, as established by the regulatory acts of the Russian Federation. 6.Verification of the validity and completeness of information on income, property and liabilities of material nature of the State or municipal officer and members of his family, is conducted by a public body or the body of local self-government of municipality, in which the officer in questions is undergoing the service (works), by the officer exercising the appointment to the corresponding post, or by other bodies (persons) with posses the corresponding powers, in the manner, as established by the federal laws and regulatory acts of the Russian Federation. 7.Non-provision by the citizen upon beginning of the State or municipal service, to the representative of the hirer (employer) of the information on his income, property and liabilities of material nature, as well as on the income, property and liabilities of material nature of the members of his family, or the submission of deliberately false information is the basis for the refusal to accept such persons for the sate or municipal service. 8.Failure by the State or municipal officers of their duties, as established by part 1 of the present article, is an offence, resulting in the release of the State or municipal officer from the held position of the State or municipal service or attract him to other types of disciplinary liability, in accordance with the legislation of the Russian Federation. 9. Federal laws on the corresponding types of the State service, as well as on the municipal service for the State or municipal officer, can establish much more stringent prohibitions, restrictions, liabilities, rules of service conduct. Article 9. Duty of the State and municipal officers is to inform on the corruptive offences, non-provision of the information on the income, property and liabilities of material nature and on the address in order to induce to the offences 1.The State or municipal officer must notify in writing, the representative of the hirer (employer), the bodies of the prosecutor`s office or other State bodies, on the cases that have become known to him in connection with the performance of official duties, of corruption offences by other State and municipal officers or failure by these officers to present information on income, property and liability of material nature, as well as on all cases of address of any persons to other State and municipal officers in order to induce them to the corruptive or other offences. 2.The State or municipal officer must notify the representative of the hirer (employer), bodies of the prosecutor`s office or other State bodies on all cases of address to him by any person in order to induce him to the corruptive or other offences. 3.Notification on the facts that have become credibly known to the State or municipal officer of the corruption offences by the State or municipal officers or that such officers have been approached in order to induce them to the corruptive or other offences, except in cases where such facts have been or are undergoing investigation, is a duty of the State or municipal officer. 4.Failure by the State or municipal officer of its duties, as set out by paragraphs 1 and 2 of the present article, is considered an offence that can result in his dismissal from The State or municipal service or attraction of him to other types of liability. 5.The State or municipal officer, that has notified the representative of the hirer (employer), the bodies of the prosecutor`s office or other The State bodies on the cases of corruption offences by other persons or address to such persons in order to induce them to the corruptive or other offences, is protected by the State. 6.The procedure for notification of the representative of the hirer (employer) on cases of corruption offences by the State or municipal officers or address to such officers in order to induce them to the corruptive or other offences, the list of the information, contained in the notifications, the organization of verification of such information and the manner of registration of notifications are defined by the representative of the hirer (employer). Article 10. Notion of conflict of interest in the State or municipal service 1.Conflict of interest in the State and municipal service, a situation in which personal interest (direct or indirect) of the State or municipal officer affects or may affect for his impartial execution of official duties and in which arises or may arise a contradiction between the personal interest of the State or municipal officer and legitimate interests of citizens, organizations, societies or the State, that could lead to harm to the legitimate interests of citizens, organizations, societies and the State. 2.The notion of personal interest of the State or municipal officer, which affects or may affect his impartial execution of official duties, is understood as the possibility of reception by the State of municipal officer, at the execution of his official duties, of income in the form of material benefit or other undue benefit directly for the State or municipal officer, members of his family or other persons, as well as for citizens and organizations, with which the State or municipal officer is related by financial or other liabilities. Article 11. Order of prevention and regulation of the conflict of interests in the State and municipal service 1.The State or municipal officer must carefully treat any potential conflict of interest and undertake steps to prevent it. 2.The State or municipal officer must notify his immediate superior in writing, on the conflict of interests or on the possibility of its occurrence, as soon as it becomes known to him. 3.The representative of the hirer (head, chief), if he became aware that the State or municipal officer has personal interest, which leads or may lead to a conflict of interests, must undertake measures to prevent or resolve this conflict of interests. 4.Prevention or resolution of conflict of interests may be presented in the form of change of the official position of the State or municipal officer, who is a party to the conflict of interests, up to his suspension from official duties in the prescribed manner, or (and) his refusal of the benefits, which is the cause of the conflict of interests. 5.Prevention and resolution of conflict of interests, the party to which is a the State or municipal official, official duties of which include the execution of procedural authority, is conducted by the disqualification or self -disqualification of the State or municipal officer in the manner as established by the legislation of the Russian Federation. 6.Should the State or municipal officer own securities, shares (shares in the authorized (joint-stock) capital of organizations), he is required, in order to prevent conflict of interests, to transfer the belonging to him securities, shares (shares in the authorized (joint-stock) capital of organizations) to the trust management in accordance with the legislation of the Russian Federation. Article 12. Restrictions, imposed to the citizen, dismissed from the State or municipal service, at the conclusion of the labor contract 1.Citizens, that held positions in the State or municipal service, a list of which is established by the regulatory acts if the Russian Federation, within two years after dismissal from the State or municipal service do not have the right to hold positions in commercial and non-profit organizations, if individual functions of the State management of these organizations, were included in the duties of the State or municipal officer. 2.Citizens, that held positions in the State or municipal service, a list of which is established by the regulatory acts if the Russian Federation, within two years after dismissal from the State or municipal service, must at the conclusion of labor contracts, inform the representative of the hirer (employer) information about the last place of service. 3.Failure to observe by the citizens, that held positions in the State or municipal service, a list of which is established by the regulatory acts if the Russian Federation, following the dismissal from the State or municipal service, of the requirements as under part 2 of the present article, involves the termination of labor contract. 4.An employer during the conclusion of an employment contract with citizens, that held positions of the State or municipal service, a list which is established by the regulatory acts of the Russian Federation, within two years after their dismissal from the State or municipal service is required within ten days to report the conclusion of such a contract, to the representative of the hirer (employer) of the State or municipal officer to the last place of his service in the manner as established by the regulatory acts of the Russian Federation. 5.Failure by the employer obligations established part 4 of this article is an offense and is punishable under the laws of the Russian Federation. Article 13. Liability of natural persons for corruption offences 1.For the corruption offences citizens of the Russian Federation, foreign citizens and Stateless persons bear criminal, administrative, civil or disciplinary liability in accordance with the legislation of the Russian Federation. 2.Natural person who commits a corruption offence, in accordance with the legislation of the Russian Federation, upon the judgment of the court decision may be deprived of the right to occupy certain posts of the State and municipal service. Article 14. Liability of legal entities for corruption offences 1.In case, if on behalf or in the interests of the legal entity organization, preparation and actual fact of corruption offences is carried out, or offences that create the conditions for corruption offences, the legal entity can be applied with liability measures in accordance with the legislation of the Russian Federation.  2.Application of measures of liability to the legal entity does not exempt from liability for the given corruption offence, the guilty natural person, as well as the attraction to criminal or other liability of the natural person does not exempt from liability for the given corruption offence the legal entity. 3.The provisions of the present article, shall apply to foreign legal entities in cases, as set out by the legislation of the Russian Federation.22.10.08.www.kremlin.ru
 

22.10.08. www.kremlin.ru
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