Regulatory and legal regulation of anti-corruption activities. No. 273-FZ of December 25, 2008 "On Counteracting Corruption"

The main methods and principles of counteracting corruption phenomena, methods of combating this type of offense, and legal regulation of anti-corruption activities are regulated by the Federal Anti-Corruption Law. The main points enshrined in the draft law will be described in detail in this article.

General characteristic of the bill

FZ "On Counteracting Corruption" was adopted on December 25, 2008. The bill provides two definitions of the concept of "corruption". In the first case, he defines this offense as abuse of professional powers, giving or receiving bribes, commercial bribery or unlawful use of his position by an official. In the second definition, corruption is represented by the same set of submitted processes, but already committed by a legal entity.

FZ "On Counteracting Corruption" also defines the concept, which is already mentioned in the title of the law. Counteracting corruption offenses refers to certain activities of federal state bodies aimed at preventing corruption, eliminating its causes, minimizing the consequences of the offenses under consideration, and so on.

In addition to the draft law (No. 273 FZ of December 25, 2008), it is also worth highlighting some federal and federal constitutional acts, resolutions of the Government and the President of the Russian Federation, as well as some municipal legal acts.

Basic principles

The regulatory legal regulation of anti-corruption activities is based on the main principles specified in article 3 of the bill under consideration. Here it is worth highlighting the following:

• Legality and transparency;
• Legitimacy, recognition, protection and ensuring of all freedoms and rights of a citizen of the Russian Federation;
• Publicity of the activities of various bodies (federal or municipal level) in the implementation of measures to combat corruption.
• Priority in the application of measures aimed at preventing corruption offenses;
• The principle of the inevitability of consequences for corruption crimes;
• Active use of various measures - information, social, legal, economic and other;
• Implementation of close cooperation of state institutions with civil institutions, various individuals, as well as international bodies.

Separately, it is worth mentioning about the rather important principle of fighting corruption - international cooperation (Article 4 of the Federal Law). The Russian Federation is a state actively cooperating with world organizations for the following purposes:

• Exchange of information related to anti-corruption issues;
• The identification of persons suspected of committing a crime;
• The definition of property obtained in the course of corruption transactions;
• Coordination of work related to the prevention of corruption;
• Providing for examination of various substances, samples, objects, etc.

Thus, the Federal Law under consideration establishes a sufficiently large number of principles of activity aimed at combating corruption.

Organizational fundamentals

The regulatory and legal regulation of anti-corruption activities secures the authority of individual instances and officials. In particular, it is worth highlighting the powers of the President of Russia:

• Establishment of the competence of federal executive bodies in the field of combating corruption manifestations;
• The definition of the main directions in the field of state fight against corruption.
• The publication of presidential decrees on anti-corruption issues.

And what actions should the federal bodies of the Russian Federation carry out? According to the bill under consideration, the Federal Assembly of the Russian Federation should ensure the development and adoption of laws that combat corruption. The branch of the legislative branch should also monitor the actions of the executive bodies. The Russian Government should deal with the distribution of anti-corruption functions between the executive authorities, which, in fact, the Government itself directs. All other bodies - in particular, municipal ones, should deal with the fight against corruption within the framework of their powers.

The law enforcement agencies of the Russian Federation are obliged to inform all other instances in a timely manner about the commission of corruption crimes. Anticorruption examination of normative and legal acts also refers to the sphere of jurisdiction of bodies engaged in the protection of law.

Preventive measures

Regulatory and legal regulation of anti-corruption activities, in particular, the bill under consideration (Article 6), fixes the basic measures of corruption prevention. Here we should highlight the following measures:

• In the information and propaganda sphere - the creation and formation in the public environment of a relationship of intolerance to corruption manifestations;
• Carrying out anti-corruption expertise of normative and legal acts, as well as their projects;
• Timely consideration of law enforcement practices of various authorities, in particular, courts;
• Presentation of so-called qualification requirements to Russian citizens who claim to fill state posts; Carrying out of checks of all those information that these citizens will provide;
• The establishment of grounds for dismissal, or for the dismissal of an official in connection with the latter's corrupt activities; Checking officials for expenses, income, property of the person himself, as well as his relatives, etc .;
• The introduction in the work of the authorities of the special rules, according to which the employees will carry out their work as transparently and effectively as possible;
• The development of institutions of parliamentary and public control over compliance with the implementation of the RF legislation (in particular, the law under consideration).

Thus, the draft law provides for clear and clear measures to prevent corruption.

Activities

The legal framework for combating corruption determines important areas of activity of state bodies. Article 7 of the law in question suggests that the fight against corruption should take place in accordance with the following functions of government:

• Carrying out of the state policy in the field of counteraction to corruption;
• The creation of special mechanisms aimed at the interaction of state and law enforcement agencies with parliamentary and public commissions on combating corruption;
• The adoption of administrative, legislative or other measures, the main direction of which is to involve municipal and state employees in an active fight against corruption manifestations;
• The formation of a negative attitude towards the facts of corruption in the society;
• The introduction of special anti-corruption standards, including a number of restrictions, prohibitions or permissions;
• The unification of the rights of municipal and state employees;
• Ensuring the independence of the media;
• Modernization of the order of passing the civil service;
• Removal of unjustified economic prohibitions and restrictions;
• Maintenance of honesty, decency, openness at realization by municipal or state bodies of purchases for maintenance of needs.

Providing information on incomes and expenditures is the main method of combating corruption in state bodies. This will be discussed later.

Provide information on income and expenses

Information on incomes, on available property, on obligations of a property nature, as well as on family income, must be submitted to the employer by the following persons:

• Citizens applying for places in state bodies;
• Citizens wishing to take jobs in the Central Bank of Russia;
• Persons claiming places in the municipal service and many other persons, in one way or another, connected with the authorities, listed in separate lists, established by the regulatory enactments of the Russian Federation, employees of state corporations, and so on.

The procedure for presenting information on income and expenditure is established by separate Federal laws and regulations of the Russian Federation. At the same time, all information received by the state will have limited access. If a citizen could not enter the public office, which he claimed, then all the information submitted to him should be subject to destruction. Persons guilty of disseminating information about incomes and expenditures provided by a person will be liable in accordance with the legislation of the Russian Federation.

Conflict of interest

The problem of corruption in Russia remains relevant for a variety of reasons. One of them is the existence of a so-called conflict of interest in the investigation of corruption manifestations. This phenomenon is described in Article 10 of the bill under consideration. What does this mean in this case?

A conflict of interests means a situation in which a citizen who is personally interested in influencing an impartial and objective performance of his duties may violate the law in force. Simply put, it is a question of banal excess of authority. Receiving income in the form of property, money or other services based on the results of work performed or the receipt of some benefits can sometimes be considered illegal. Conflict of interest settlement is the responsibility of the following bodies:

• Central Bank of the Russian Federation;
• Public insurance companies;
• The Pension Fund of the Russian Federation and some other instances.

The procedure for preventing conflicts of interest in this case is established by Article 11 of the Federal Law. Workers of the above-mentioned authorities should take measures to prevent conflicts of interest. They are obliged to warn the employer about the situation and ask for his help. The employer is obliged to take all possible measures to resolve the conflict that has arisen. If the person concerned has not taken measures to prevent the situation, it will be possible to speak about a direct offense on the part of the person who is the source of the conflict.

Restrictions

The fight against corruption manifestations would be simply impossible without the introduction of certain anti-corruption bans, demands, restrictions on civil service by the current legislation, etc. All these elements help prevent corruption as a phenomenon among workers of municipal, state, law enforcement and other bodies. Article 12 of the Federal Law under consideration fixes the main restrictions that must be imposed on the employees of the above instances.

So, a citizen, within two years after being dismissed from state bodies, has the opportunity to perform certain functions of a municipal or federal employee in order to resolve conflicts of interest (but only with the permission of the relevant commission). Also, a person dismissed from the civil service is required to file information about the former place of work. Moreover, the employer who has accepted to work for himself the former employee of state bodies, is obliged to report in a timely manner to the last place of the work of the worker the separate information (as a rule, concerning the conclusion of the labor contract, the functions and duties assigned to the citizen, etc.). If the employer violates this duty, then such an action can be considered an offense, for which responsibility follows. It is also worth noting the following:

• Persons working in the state. Bodies, should not replace other public positions (unless there are exceptions established in federal laws);
• Civil servants have no right to engage in entrepreneurial activities, either directly or indirectly.
• Employees are prohibited from using the information they trust for non-official purposes;
• Employees should not accept rewards, fees or fees not provided for by the legislation of the Russian Federation.

And this is by no means all the restrictions established by the submitted Federal Law.

About responsibility

For the commission of corruption crimes on Russian citizens, as well as on foreigners, administrative, criminal, civil-law or disciplinary liability may be imposed. An individual whose fault in committing corrupt acts is considered to be proven by the court decision may be deprived of the opportunity to occupy certain state or municipal positions.

The dismissal of persons substituting for public office can be realized for the following reasons:

• Failure to take measures to prevent or resolve conflicts of interest;
• Participation of persons in the activities of commercial organizations on a paid basis;
• Non-submission of information about incomes and expenses by a citizen;
• Realization by a person of entrepreneurial activity;
• The entry of a person into international organizations, if such is not provided for by the legislation of the Russian Federation.

The responsibility of legal entities for corruption is established by the courts at the request of the relevant authorities. If the fault of a legal entity is established, the guilty individual is not absolved from responsibility. Both persons will be subject to liability in accordance with the legislation of the Russian Federation.

The Federal Law under consideration does not say much about the responsibility of citizens for corruption. Article 13 of the Federal Law "On Combating Corruption" rather makes references to other codes, which just specify the penalties for the type of offense under consideration.

Checks

The Committee for Combating Corruption under the President of the Russian Federation, the Administration of the President of the Russian Federation, and also some other bodies have the right to carry out special checks:

• On the reliability and completeness of information on expenditures, incomes, as well as property obligations of citizens applying for the replacement of state or municipal posts;
• On compliance by persons working in state bodies, as well as their relatives, this Federal Law and other legislation related to combating corruption manifestations.

It should be noted that checks of officials by anti-corruption bodies can be carried out independently of other inspections carried out by officials, special commissions or subunits.