In accordance with the national anti-corruption plan. Subject. National Anti-Corruption Plan. Transparency Measures
The National Anti-Corruption Plan for 2018-2020 has been developed.
A number of measures are aimed at improving regulatory framework in this area. Thus, it is necessary to determine cases when non-compliance with anti-corruption prohibitions, restrictions and requirements due to force majeure circumstances is not an offense. In addition, it is necessary to establish circumstances mitigating or aggravating liability for non-compliance with these prohibitions, restrictions and requirements, and take them into account when applying a penalty.
It is necessary to prepare a draft law providing for the establishment of control over the expenses of persons suspected or accused of committing crimes of corruption, and the subsequent conversion of property discovered during the investigation of such crimes into the income of the Russian Federation.
The Ministry of Labor of Russia, with the participation of the Prosecutor General's Office of the Russian Federation, was instructed to prepare a review of the practice of applying legislation every six months in terms of preventing and resolving conflicts of interest.
It is necessary to work out the issue of expanding the list of property of civil servants, which is subject to seizure in the state revenue in the event that its acquisition for legal income is not confirmed.
Another section of the national plan is devoted to educational and research work in the field of combating corruption. In particular, it refers to the possibility of grant support to organizations that have shown the most significant results in anti-corruption education of citizens, popularization of anti-corruption values and scientific support for combating corruption. At the same time, the Ministry of Justice and other relevant departments were instructed to monitor the activities of NGOs, whose charters provide for participation in combating corruption, and analyze the compliance of their activities with the stated goals.
The document also states that public hearings may become mandatory in the implementation of public procurement in the amount of 50 million rubles, municipal procurement - from 5 million rubles.
It was ordered to consider the possibility of involving interested scientific organizations and universities to participate in the anti-corruption expertise of regulatory legal acts.
The question of the expediency of introducing a ban on the involvement in the execution of state and municipal contracts of subcontractor companies controlled by officials responsible for these public procurements, as well as their spouses, close relatives and in-laws, is touched upon. Purchases from suppliers (contractors, performers), whose founders (participants) and (or) controlling persons are registered in offshore zones, may also fall under the ban.
The deadlines for submitting reports on the implementation of instructions have been established.
A special working group will monitor the implementation of the plan.
The decree comes into force from the date of its signing.
b) develop and implement a unified system for monitoring anti-corruption work, including in certain areas. Submit a report on the results of implementation by December 1, 2015;
c) ensure the holding of annual instructive and methodological seminars with employees of departments for the prevention of corruption and other offenses of federal state bodies to exchange experience in the field of combating corruption. Submit a report on the results of implementation by October 1, 2015;
d) in order to improve the legal regulation of the current anti-corruption mechanism, develop and submit, in the prescribed manner, drafts of relevant federal laws and acts of the President of the Russian Federation. Submit a report on the results of implementation by December 1, 2015;
e) prepare and submit, in accordance with the established procedure, proposals for the establishment under the Office of the President of the Russian Federation for Combating Corruption expert council, providing for the participation in its activities of representatives of federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments, public associations, business organizations, educational organizations higher education. Submit a report on the results of implementation by July 1, 2014;
f) coordinate the activities of federal state bodies, local governments and organizations to form organizational and legal mechanisms for combating corruption in the territories of the Republic of Crimea and the city of Sevastopol.
a) the federal state budgetary educational institution of higher professional education "Russian Academy of National Economy and Public Administration under the President of the Russian Federation" to ensure the creation of a unit staffed mainly on a permanent basis, the main tasks of which should be the implementation of relevant curricula on practical issues of combating corruption and educational and methodological support for this activity. Submit a report on the results of implementation by October 1, 2014;
b) Federal State Budgetary Institution of Science Institute of Philosophy and Law of the Ural Branch Russian Academy Sciences in cooperation with other Russian and foreign scientific organizations, government agencies and other organizations to hold conferences in the first half of 2014 and in the third quarter of 2015, during which to consider topical issues of scientific support for the formation and implementation public policy Russian Federation in the field of combating corruption.
22. Recommend to the All-Russian public organization "Russian Union of Industrialists and Entrepreneurs", the All-Russian public organization "Business Russia", the All-Russian public organization of small and medium-sized businesses "OPORA RUSSIA", the Chamber of Commerce and Industry of the Russian Federation:
a) develop and implement a set of organizational and educational measures to combat corruption in international commercial transactions;
b) develop and implement a set of measures to implement the requirements of Article 13.3 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption", providing for the adoption of anti-corruption measures in these organizations;
APPROVE
In the Russian Federation, the legal and organizational framework for combating corruption has been basically formed and is functioning. Serious anti-corruption potential is laid down in the Concept of Administrative Reform in the Russian Federation in 2006-2010 and the action plan for its implementation, approved by the Decree of the Government of the Russian Federation of October 25, 2005 N 1789-r, as well as in the legislation of the Russian Federation regulating public service issues .
Despite the measures taken, corruption, being an inevitable consequence of excessive administration by the state, still seriously impedes the normal functioning of all social mechanisms, impedes the implementation of social transformations and the improvement of the efficiency of the national economy, causes serious anxiety in Russian society and distrust of state institutions, creates Russia's negative image in the international arena and is legitimately regarded as one of the threats to the security of the Russian Federation.
In this regard, the development of measures to combat corruption, primarily in order to eliminate its root causes, and the implementation of such measures in the context of ensuring the development of the country as a whole, become an urgent need.
Section I
Legislative anti-corruption measures
1. Preparation and submission to the State Duma of the Federal Assembly of the Russian Federation of a draft federal law "On Combating Corruption", which provides, in particular:
a) definition of the concepts of "corruption" - as a socio-legal phenomenon, "corruption offense" - as a separate manifestation of corruption, entailing disciplinary, administrative, criminal or other liability, and "anti-corruption" - as a coordinated activity of federal government bodies, public authorities of the constituent entities of the Russian Federation, local self-government bodies of municipalities, civil society institutions, organizations and individuals on the prevention of corruption, criminal prosecution of persons who have committed corruption crimes, and minimization and (or) elimination of their consequences;
b) measures to prevent corruption, including:
special requirements for persons applying for positions of judges, public positions of the Russian Federation and public service positions, the list of which is determined by the regulatory legal acts of the Russian Federation, providing, among other things, for control over the income, property and property obligations of these persons;
development of the institution of public and parliamentary control over compliance with the anti-corruption legislation of the Russian Federation;
improvement of the mechanism of anti-corruption expertise of regulatory legal acts of the Russian Federation;
imposing on state and municipal employees the obligation to notify of cases of corruption or other offenses that have become known to them in connection with the performance of their official duties, as well as bringing to disciplinary and other liability for failure to fulfill this obligation;
c) determination of the main directions of state policy in the field of combating corruption, including:
improvement of the system and structure of state bodies, optimization and specification of their powers;
development of a system of measures aimed at improving the procedure for passing the state and municipal service and stimulating the conscientious performance of the duties of the state and municipal service at a high professional level;
introduction of anti-corruption standards, that is, the establishment of a unified system of prohibitions, restrictions, duties and permits for the relevant area of social activity aimed at preventing corruption;
ensuring fair and equal access to justice for all and increasing the efficiency of the consideration of cases in courts;
development of procedures for pre-trial and out-of-court resolution of disputes, primarily between citizens and state bodies.
2. Preparation and submission to the State Duma of the Federal Assembly of the Russian Federation of draft federal laws on the introduction of amendments to the legislative acts of the Russian Federation in order to:
a) establishing administrative responsibility legal entities involved in corruption offenses, as well as state and municipal employees who have committed administrative offenses of a corruption nature, with disqualification applied to them as an administrative penalty; attributing the administrative investigation of cases of this category to the powers of the prosecutor's office of the Russian Federation;
b) clarification of requirements for judges, persons applying for positions of judges, members of the Federation Council of the Federal Assembly of the Russian Federation and deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation and local self-government bodies of municipalities, members election commissions, the Chairman of the Accounts Chamber of the Russian Federation, his deputy, auditors of the Accounts Chamber of the Russian Federation and employees of the Central Bank of the Russian Federation;
c) imposing additional prohibitions, restrictions and obligations on state and municipal employees;
d) establishing a ban on the admission to the law enforcement service and service in the bodies of the federal security service of citizens who have (had) a criminal record, criminal prosecution against which was terminated on non-rehabilitating grounds, or citizens dismissed from public service due to discrediting circumstances;
e) legislative development of a mechanism for preventing corruption and resolving conflicts of interest in the state and municipal service;
f) establishing as a task of operational-search activity the discovery of property subject to confiscation;
g) creating the possibility of carrying out operational-investigative measures at the request of a representative of the employer (head) or an official with such authority, to verify the authenticity of the submitted by persons applying for positions of judges, judges, persons replacing the positions of the federal public service, public service of the constituent entities of the Russian Federation Federation, state and municipal employees of information on income, property and liabilities of a property nature in compliance with the guarantees provided for by the legislative acts of the Russian Federation;
h) bringing sanctions for corruption crimes, liability for which is provided for by Chapter 23 of the Criminal Code of the Russian Federation, in line with sanctions for corruption crimes, liability for which is provided for by Chapter 30 of the Criminal Code of the Russian Federation;
i) ensuring the rights of citizens and organizations to information about the judicial activities of courts of general jurisdiction.
Section II
Measures to improve public administration in order to prevent corruption
1. Implementation of a set of measures aimed at improving public administration in the socio-economic sphere and including:
a) regulation of the use of state and municipal property, state and municipal resources (including in the provision of state and municipal assistance), transfer of rights to use such property and its alienation;
b) creating conditions for fair competition in commodity and financial markets, eliminating discriminatory conditions for access to the infrastructure of natural monopolies, increasing responsibility for organizing cartel agreements;
c) improvement of the rules governing procurement for state and municipal needs in order to exclude the possibility of their arbitrary interpretation, discrimination and provision of unjustified advantages;
d) ensuring control over the fulfillment of accepted contractual obligations, transparency of procurement procedures, preferential use of the mechanism of auction sales and exchange trading in the process of alienation of state and municipal property;
e) detailing the mechanism of control over the performance of public functions by federal state authorities, state authorities of the constituent entities of the Russian Federation and local self-government bodies of municipalities; observance of the rights and legitimate interests of citizens and organizations, including the introduction of administrative regulations for each of these functions and a system for assessing the quality of their performance.
2. Implementation of a system of measures aimed at improving the functioning of the state apparatus and including:
a) the transfer of part of the federal powers to the regions with the simultaneous introduction of a system for evaluating their work and the transfer of part of the functions of state bodies to the non-state sector, as well as the seizure of property from state bodies that is not used to exercise their powers;
b) implementation of the rights of citizens to receive reliable information, increase the independence of the media;
c) creation of a system for monitoring the activities of state and municipal employees by civil society institutions;
d) reduction of the excess number of state and municipal employees with simultaneous involvement in the state and municipal service qualified specialists and creation of adequate financial incentives depending on the volume and results of work;
e) increasing the responsibility of federal state authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies of municipalities and their officials for failure to take measures to eliminate the causes of corruption;
f) development and implementation of public service standards and regulations for the performance of public functions, as well as optimization and specification of the powers of state bodies and their employees, which should be enshrined in administrative regulations;
g) development of an optimal system of interaction between civil society institutions and the media with state bodies, excluding the possibility of unlawful interference in the activities of civil servants.
3. Consideration of the issue of the advisability of creating within the personnel services of federal state bodies (except for federal executive bodies that provide for military service and other special types of service) units for the prevention of corruption and other offenses with the following functions assigned to them:
a) ensuring that civil servants comply with the general principles of official behavior approved by Decree of the President of the Russian Federation of August 12, 2002 N 885 "On approval of the general principles of official behavior of civil servants";
b) ensuring the activities of commissions to resolve conflicts of interest;
c) taking measures to prevent conflicts of interest, including after the departure of a civil servant from public service;
d) provision of advisory assistance on issues related to the application in practice of the general principles of official behavior of civil servants;
e) ensuring the implementation of the obligation of civil servants to report cases of corruption or other offenses that have become known to them in connection with the performance of their official duties, as well as verifying the accuracy of such information and information about income, property and property obligations submitted by civil servants;
f) conducting official investigations into cases of corruption;
g) interaction with law enforcement agencies.
4. Development of a methodology for evaluating effectiveness internal systems detection and prevention of corruption risks in federal state bodies, state bodies of the constituent entities of the Russian Federation and local self-government bodies of municipalities.
5. Based on the study of the existing mechanism for taking into account the interests of political parties, social groups, legal entities and individuals in the development of federal laws, laws of the constituent entities of the Russian Federation and other regulatory legal acts of the Russian Federation, consideration of the issue of preparing a regulatory legal act governing lobbying activities.
6. Consideration of the issue of the feasibility of compulsory risk insurance social character(compulsory health insurance, liability insurance).
7. Improving the quality and efficiency of the provision of the most socially significant services, in particular through the use of a "single window" system and electronic information exchange.
8. Deciding on the procedure for transferring trust management owned by government officials and generating income valuable papers, shares, stakes in the authorized capital of organizations.
Section III
Measures to improve the professional level of legal personnel and legal education
1. To improve the professional level of legal personnel, it is required:
a) quality improvement educational programs in the field of jurisprudence, including an increase in the practical training of students;
b) improving the system of training and advanced training of teaching staff of federal state educational institutions of higher and postgraduate professional education, implementing programs in the field of jurisprudence;
c) education of law enforcers respectful attitude to the law;
d) strengthening the anti-corruption component in the teaching of academic disciplines that provide for the study of the legal and moral and ethical aspects of management activities in federal state educational institutions of higher and postgraduate professional education;
e) strengthening state control over the quality of work of educational institutions of higher and secondary vocational education that train legal personnel;
f) development and implementation in practice of a mechanism for obtaining public accreditation of federal state educational institutions of higher and postgraduate professional education, implementing programs in the field of law, in public educational, scientific and industrial structures;
g) legislating the rule that a federal court judge who is first appointed to office is required to undergo professional training.
2. To improve the quality of legal education, it is necessary:
a) state support for the broad participation of the All-Russian public organization "Association of Lawyers of Russia", other public and religious associations in activities aimed at creating an intolerant attitude towards corruption in society;
b) the formation in society and the state apparatus of a respectful and careful attitude to private property;
c) improving the legal culture of society as a whole;
d) providing conditions for wide access of the population to the specialized legal television channel "Zakon-TV".
Section IV
Priority measures for the implementation of this National Plan
1. To the Government of the Russian Federation and the Head of the Administration of the President of the Russian Federation, within their competence:
a) take action:
on observance by civil servants of the general principles of official behavior, approved by Decree of the President of the Russian Federation of August 12, 2002 N 885 "On approval of the general principles of behavior of civil servants";
to ensure the effective functioning of commissions for compliance with the requirements for official conduct of state civil servants of the Russian Federation and the settlement of conflicts of interest, the creation of which is provided for by the Decree of the President of the Russian Federation of March 3, 2007 N 269 "On commissions for compliance with the requirements for official conduct of state civil servants of the Russian Federation and resolving conflicts of interest";
b) o measures taken and proposals to report to the Anti-Corruption Council under the President of the Russian Federation by October 1, 2008.
2. To the Government of the Russian Federation:
a) provide for the development and financing of activities:
for the creation and use innovative technologies public administration and administration, increasing the objectivity and ensuring transparency of management processes, in particular, the implementation of the transition to electronic trading online when selling property subject to confiscation, the bankruptcy estate of bankrupt enterprises and when purchasing for state and municipal needs;
to expand the network of state bureaus of legal assistance and centers for social assistance to the population, as well as to provide methodological support for their activities by the justice authorities of the Russian Federation;
on the formation of a unified information technology and telecommunications infrastructure that provides interdepartmental electronic interaction of public authorities, as well as the interaction of these bodies with citizens and organizations in the framework of the provision of public services;
on the creation of multifunctional centers to provide citizens and organizations with state and municipal services;
on placement on the relevant sites on the Internet of decisions of courts of general jurisdiction and arbitration courts;
to expand the number and improve the quality of television programs on legal education;
b) before February 1, 2009, submit in the prescribed manner proposals to increase the salary and pension provision state and municipal employees;
c) on the basis of discussions with representatives of various public associations, prepare and submit, by February 1, 2009, in the prescribed manner, proposals on measures aimed at:
to improve the mechanism of responsibility for preventing, restricting or eliminating competition;
to increase the efficiency of contesting transactions made in violation of the legislation of the Russian Federation;
to expand public control over the use of funds from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets;
on the improvement of higher and postgraduate professional education in the field of jurisprudence, paying, along with the implementation of the measures specified in Section III of this National Plan, special attention to the development of federal state educational standards of higher vocational education, the issue of the expediency of implementing programs of higher and postgraduate education in the field of jurisprudence in non-core universities, optimizing the number of dissertation councils;
d) prepare and submit in the III quarter of 2008, in the prescribed manner, a draft act of the President of the Russian Federation, defining pursuant to paragraph 13 of Article 46 of the United Nations Convention against Corruption of October 31, 2003 and Article 29 of the Council of Europe Criminal Law Convention on Corruption dated January 27, 1999, the central authorities of the Russian Federation responsible for implementing the provisions of the anti-corruption conventions relating to mutual legal assistance in corruption cases;
e) develop and, in the first quarter of 2009, submit, in accordance with the established procedure, proposals for introducing into practice the mechanism for the rotation of civil servants.
3. To the Prosecutor General of the Russian Federation and prosecutors subordinate to him, in order to prevent corruption and ensure the fight against it, to strengthen supervision over the implementation of laws by bodies engaged in operational-search activities, inquiry and preliminary investigation, when initiating, investigating and terminating criminal cases on crimes of corruption, as well as to intensify the work of coordination meetings, the creation and functioning of which is provided for by Article 8 of the Federal Law "On the Prosecutor's Office of the Russian Federation".
4. To the Prosecutor General of the Russian Federation:
a) organize inspections of the legality of the use of state property. Report the results of inspections, measures taken and relevant proposals to the Anti-Corruption Council under the President of the Russian Federation by March 1, 2009;
b) when submitting, in accordance with Article 12 of the Federal Law "On the Prosecutor's Office of the Russian Federation", to the chambers of the Federal Assembly of the Russian Federation and to the President of the Russian Federation an annual report on the state of law and order in the Russian Federation and on the work done to strengthen them, pay special attention to issues related to preventing and combating corruption;
c) inform once every six months the Anti-Corruption Council under the President of the Russian Federation on the results of the work of the internal affairs bodies of the Russian Federation, federal security service bodies and other law enforcement agencies in combating corruption crimes;
d) organize an anti-corruption expertise of regulatory legal acts of the Russian Federation.
5. Heads of federal state bodies, state bodies of the constituent entities of the Russian Federation, within their competence, develop and, by October 1, 2008, adopt plans for combating corruption in the relevant federal state bodies and state bodies of the constituent entities of the Russian Federation.
6. To the Chairman of the Presidium of the Anti-Corruption Council under the President of the Russian Federation:
a) before September 1, 2008, together with the Commissioner for Human Rights in the Russian Federation, submit to the Chairman of the Anti-Corruption Council under the President of the Russian Federation a proposal to hold a meeting of the said Council in the 4th quarter of 2008, at which to consider issues of protecting the rights of individuals and legal entities victims of crimes, as well as compensation to individuals and legal entities for losses from unjust decisions and non-compliance with reasonable terms for the consideration of cases in courts from a fund specially created for these purposes;
b) ensure the preparation of draft federal laws specified in Section I of this National Plan and their submission to the President of the Russian Federation before September 15, 2008;
c) ensure control over the implementation of this National Plan and submit once every six months to the Chairman of the Anti-Corruption Council under the President of the Russian Federation a report on the progress of its implementation and proposals for improving anti-corruption activities.
7. To the Ministry of Justice of the Russian Federation in 2009:
a) together with the General Prosecutor's Office of the Russian Federation, develop and implement a system for monitoring law enforcement in order to timely adjust the legislation of the Russian Federation;
b) organize the implementation of anti-corruption expertise of draft laws and other regulatory legal acts of the Russian Federation.
8. To the Ministry of Foreign Affairs of the Russian Federation, together with the interested federal executive authorities:
a) in the fourth quarter of 2008, submit proposals on the advisability of signing the Council of Europe Civil Law Convention on Corruption of 4 November 1999, based on an analysis of the compliance of this Convention with the legal system of the Russian Federation and an assessment of the possible consequences of its signing;
b) within the framework of the Rome/Lyon Group of Experts of the Group of Eight, initiate the adoption of practical measures to expand cooperation in the field of combating corruption, in particular, on the return of property obtained as a result of corruption crimes. Report the results in the fourth quarter of 2009.
9. To the First Deputy Prosecutor General of the Russian Federation - Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation and Head of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation to strengthen control over the legality and validity of procedural decisions taken in criminal cases relating to the seizure of property, property and non-property rights, Money enterprises, the so-called raiding.
10. The commissions for compliance with the requirements for official conduct of state civil servants of the Russian Federation and the settlement of conflicts of interest, created in federal state bodies, annually, by February 1, report on the work to prevent corruption and measures to improve this work to the Council under the President of the Russian Federation to combat corruption.
Appendix to the National Anti-Corruption Plan approved by the President of the Russian Federation
List of priority draft legislative acts of the Russian Federation to be adopted in connection with the National Anti-Corruption Plan
1. A draft federal law "On Ensuring the Rights of Citizens and Organizations to Information on the Judicial Activities of Courts of General Jurisdiction in the Russian Federation" has been submitted to the State Duma of the Federal Assembly of the Russian Federation.
2. Draft federal laws have been prepared:
1) "On Combating Corruption";
2) "On amendments to certain legislative acts of the Russian Federation in connection with the ratification of the United Nations Convention against Corruption of October 31, 2003 and the Criminal Law Convention on Corruption of January 27, 1999 and the adoption of the Federal Law "On Combating Corruption" and " On amendments to certain legislative acts of the Russian Federation on the issue of clarifying the status of judges, members of the legislative (representative) bodies of state power of the constituent entities of the Russian Federation and local self-government bodies of municipalities, members of election commissions. Chairmen of the Accounts Chamber. of the Russian Federation, Deputy Chairman of the Accounts Chamber of the Russian Federation and auditors of the Accounts Chamber of the Russian Federation and employees of the Central Bank of the Russian Federation in connection with the adoption of the Federal Law "On Combating Corruption", which proposes to amend the following legislative acts of the Russian Federation:
Federal Law "On the Prosecutor's Office of the Russian Federation";
Law of the Russian Federation of June 26, 1992 N 3132-I "On the Status of Judges in the Russian Federation";
Regulations on service in the internal affairs bodies of the Russian Federation, approved by Decree of the Supreme Council of the Russian Federation of December 23, 1992 N 4202-I "On approval of the Regulations on service in the internal affairs bodies of the Russian Federation and the text of the Oath of an employee of the internal affairs bodies of the Russian Federation";
Federal Law No. 3-FZ of May 8, 1994 "On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation";
Criminal Code of the Russian Federation;
Federal Law No. 114-FZ of July 21, 1997 "On Service in the Customs Authorities of the Russian Federation";
Federal Law No. 7-FZ of January 8, 1998 "On the Judicial Department at the Supreme Court of the Russian Federation";
Federal Law No. 128-FZ of July 25, 1998 "On State Fingerprint Registration in the Russian Federation";
Federal Law No. 184-FZ of October 6, 1999 "On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation";
Code of Criminal Procedure of the Russian Federation;
Code of the Russian Federation on Administrative Offenses;
Labor Code of the Russian Federation;
Federal Law No. 30-FZ of March 14, 2002 "On Bodies of the Judicial Community in the Russian Federation";
Federal Law No. 67-FZ of June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation";
Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)";
Federal Law No. 131-FZ of October 6, 2003 "On the General Principles of Organizing Local Self-Government in the Russian Federation";
Federal Law No. 79-FZ of July 27, 2004 "On the State Civil Service of the Russian Federation";
Federal Law No. 25-FZ of March 2, 2007 "On Municipal Service in the Russian Federation".
National Anti-Corruption Plan- a system document of a programmatic nature aimed at combating corruption and its prevention, approved by the President of the Russian Federation for a period of two years. First approved by the President of the Russian Federation D.A. Medvedev on July 31, 2008. Issued 4 times - in 2008, 2010, 2012 and 2014. The National Anti-Corruption Plan for 2014-2015, approved by the President of the Russian Federation V. V. Putin on April 11, 2014, is currently in force.
Much of the current document is a continuation of previous National Plans. The current document consists of 25 subparagraphs and a list of recommendations and urgings to provide a legal basis for the implementation of the plan.
D. A. Medvedev first announced the need to develop such a plan during his visit to Nizhny Novgorod in February 2008. The first plan was developed by the Council under the President of the Russian Federation for Combating Corruption and presented to the President of the Russian Federation on July 25, 2008 by the head of his Administration S. E Naryshkin.
Encyclopedic YouTube
1 / 1
✪ Criminological and criminal law anti-corruption measures
Subtitles
Document Objectives
Measures to protect whistleblowers
The General Prosecutor's Office of the Russian Federation was instructed to strengthen supervision over compliance with the legislation of the Russian Federation on the protection of persons who report facts of corruption from prosecution and infringement of their rights and legitimate interests. The government and the Presidium of the Anti-Corruption Council were instructed to develop a draft law to protect whistle-blowers from possible illegal actions. The plan also provides for interdisciplinary research on the organization and tactics of protecting whistleblowers. There are no applicant protections in previous versions of the plan.
Conflict of Interest Management Measures
Since the first National Plan, adopted in 2008, measures to resolve conflicts of interest have been one of the key areas of the document. In the current version, the Government of the Russian Federation is instructed to take measures to prevent conflicts of interest between employees and employees of state corporations (companies) and organizations created to ensure the activities of federal state bodies. Plenipotentiary representatives of the President of the Russian Federation in the federal districts are instructed to ensure that state and municipal employees comply with restrictions and prohibitions, requirements for the prevention or regulation of conflicts of interest.
Transparency Measures
- The current version of the plan provides for the creation of a unified database of declarations of income, expenses and property of officials - in particular, computer programs for monitoring and automated analysis of declarations of civil servants based on special software “Spravki BK” and “Spravka GS” . Also, the plan contains an instruction to organize monitoring of reports by certain categories of officials about receiving a gift, its delivery, evaluation and transfer of funds received from its implementation to the income of the relevant budget.
- "Professionals of the media mass information and representatives of other professions related to ensuring the public interest" are recommended in the Plan to "develop a procedure for making public information about the income and expenses of members of these associations whose activities are of public interest" and post this information on websites.
- The plan requires the Government of the Russian Federation, together with the Central Bank of the Russian Federation, to develop a mechanism for obtaining information from foreign financial institutions on the availability of cash accounts and (or) other assets of Russian officials in foreign banks. According to the National Plan, for the implementation of such a mechanism, it is supposed to conclude agreements on the exchange of information with the competent authorities of foreign states. Together with the Central Bank and relevant committees of the State Duma, the Government should also make proposals on ways to remove the uncertainty of the concepts of "foreign financial instruments" and "trust management of property, which provides for investment in foreign financial instruments."
Measures for anti-corruption education
The current plan provides for fairly extensive measures for general and professional anti-corruption education. On the basis of the Russian Academy of National Economy and the State Service under the President of the Russian Federation, specialized seminars will be held for teachers of educational institutions implementing educational programs on anti-corruption topics.
The training program for bachelors in the specialty “State and municipal management” should include the training cycle “Anti-Corruption”. Also, the Government of the Russian Federation and the Presidium of the Council under the President of the Russian Federation for Combating Corruption will need to provide in a centralized manner the advanced training of federal civil servants, whose job responsibilities include participation in combating corruption.
It is recommended that public organizations and political parties continue to work on creating an intolerant attitude towards corrupt behavior in society.
The Russian Union Industrialists and Entrepreneurs, the all-Russian public organization "Business Russia" and "Support of Russia", the Chamber of Commerce and Industry of the Russian Federation are recommended to develop and implement a set of measures in the implementation of international commercial transactions, to implement the tasks of introducing anti-corruption measures in these organizations and to conduct classes on anti-corruption topics with managers and employees of organizations.
Measures to improve the effectiveness of combating corruption
Appointed as the official research institute on the topic of combating corruption. On the basis of a research institution, scientific interdisciplinary research will be carried out on various theoretical aspects of corruption offenses based on the legislation of the Russian Federation and the practice of its application. a proposal on the expediency of forming an institution of lobbying in the Russian Federation. In the current National Plan, the Government of the Russian Federation is instructed to “make proposals on the creation of a regulatory legal framework for the activities of citizens and organizations to promote the interests of a social group or individual in state and municipal bodies in order to make the most favorable decision for this social group or this individual (lobbying), including the preparation proposals on the normative assignment to the relevant federal executive body of the function of developing and implementing measures for the consistent introduction of the institute of lobbying into practice and on the corresponding personnel strengthening of this area of work”.
APPROVE
The president
Russian Federation
D. MEDVEDEV
July 31, 2008 Pr-1568
NATIONAL ANTI-CORRUPTION PLAN FOR 2010-2011
(as amended by Decrees of the President of the Russian Federation of 04/13/2010 N 460, of 01/14/2011 N 38)
In order to organize the implementation of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On Combating Corruption") and the implementation of the National Anti-Corruption Strategy:
1. To the Government of the Russian Federation, the Presidium of the Council under the President of the Russian Federation for Combating Corruption within their competence:
a) take measures in 2010 to ensure the effective functioning of commissions to comply with the requirements for official conduct of civil servants of the Russian Federation and to resolve conflicts of interest, providing for the possibility of including representatives of public organizations of veterans, public councils established under federal executive bodies in accordance with Part 2 of Article 20 of the Federal Law of April 4, 2005 N 32-FZ "On the Public Chamber of the Russian Federation", employees of the Office of the President of the Russian Federation for Public Service and Personnel, the Office of the Government of the Russian Federation;
b) ensure that meetings are held with the heads of personnel services of the federal executive authorities and the heads of departments of these services for the prevention of corruption and other offenses, during which to consider the organization of the implementation of the Federal Law "On Combating Corruption", the relevant decrees of the President of the Russian Federation and this National Plan;
c) centrally organize retraining and advanced training of federal civil servants whose official duties include participation in combating corruption, according to a program agreed with the Office of the President of the Russian Federation for Civil Service and Personnel;
d) provide training guidelines on anti-corruption issues.
2. To the Government of the Russian Federation:
a) to provide further funding for activities:
on the creation and use of innovative technologies that increase objectivity and ensure transparency in the adoption of legislative (regulatory legal) acts of the Russian Federation, municipal legal acts and management decisions, as well as providing interdepartmental electronic interaction between federal government bodies, other state bodies, state authorities of the constituent entities of the Russian Federation Federation, local governments and electronic interaction of these bodies with citizens and organizations in the framework of the provision of public services;
on the creation of multifunctional centers to provide citizens and organizations with state and municipal services;
on placement on the relevant sites on the Internet of decisions of courts of general jurisdiction and arbitration courts;
By state support production, distribution and replication of television and radio programs on legal education;
on retraining and advanced training of federal civil servants whose official duties include participation in combating corruption, as well as on preparing methodological recommendations on combating corruption;
b) take action:
on improving higher and postgraduate professional education in the field of jurisprudence, paying special attention to the development of federal state educational standards of higher professional education, the issue of the expediency of implementing programs of higher and postgraduate professional education in the field of jurisprudence in non-core universities, further optimizing the number of dissertation councils;
to establish a notification procedure for starting entrepreneurial activities for all types of activities with the definition of an exhaustive list of types of activities to which such a procedure does not apply;
to improve the control, supervision and licensing functions of federal executive bodies and to optimize the provision of public services by them;
on the introduction into practice of the mechanism of rotation of civil servants;
c) organize the conduct of sociological research among all social strata of the population in different regions countries that would make it possible to assess the level of corruption in the Russian Federation and the effectiveness of anti-corruption measures taken;
d) develop and implement activities:
to improve the mechanism for the creation, operation and liquidation of legal entities;
to improve the activities of the management bodies of joint-stock companies;
on the exclusion from the charters of economic entities of provisions that duplicate the mandatory norms of the law;
to reduce the amount of information subject to mandatory inclusion in the constituent documents of organizations in order to simplify the procedure for making changes to them;
to ensure proper protection of the obligations of participants in corporate relations;
to increase the responsibility of members of the management bodies of commercial and non-profit organizations for losses caused as a result of unlawful actions of these persons in the conditions of a conflict of interest to such organizations, their shareholders or participants;
to ensure the reliability of information contained in the unified state register of legal entities;
to improve the system of financial accounting and reporting by public companies in accordance with the requirements of international standards;
to improve valuation activities;
e) ensure monitoring of the activities of self-regulatory organizations;
f) together with the Accounts Chamber of the Russian Federation:
take measures to strengthen public control over the use of budget allocations from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets;
identify indicators to assess the effectiveness of the implementation of anti-corruption programs;
ensure systematic control over the efficiency of the use of federal budget allocations allocated for the implementation of anti-corruption measures;
g) determine indicators for assessing the effectiveness of the management of state and municipal property; to carry out the delimitation of powers between federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments in the field of managing such property; introduce administrative liability of officials of the said bodies for violating the legislation of the Russian Federation on the management of state and municipal property.
3. Head of the Administration of the President of the Russian Federation, Chairman of the Presidium of the Council under the President of the Russian Federation for Combating Corruption:
a) organize consideration at meetings of the Presidium of the Council under the President of the Russian Federation for Combating Corruption of the following issues:
on the activities of the bodies of the judiciary and the Judicial Department under the Supreme Court of the Russian Federation in combating corruption;
on the program for increasing the efficiency of the use of federal budget appropriations;
on the activities of public authorities of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District in combating corruption;
on the work of state authorities of the constituent entities of the Russian Federation that are part of the Siberian Federal District, in organizing the fight against corruption in local governments;
on the development of the regulatory framework of the subjects of the Russian Federation and municipalities to combat corruption;
on legal support of activities to combat corruption in the municipal service;
on measures to implement Russian Federation the provisions of the United Nations Convention against Corruption;
on the organization of training for federal civil servants whose official duties include participation in combating corruption;
on the activities of the Federal Service for State Registration, Cadastre and Cartography to combat corruption;
on the organization of law enforcement monitoring in the Russian Federation;
about the work on the formation of an intolerant attitude towards corruption in society;
on the participation of the Russian Federation in international anti-corruption activities;
on the work of personnel departments of federal executive bodies, other state bodies for the prevention of corruption and other offenses and measures to improve it;
on measures to eliminate the conditions conducive to the commission of corruption offenses that citizens encounter most often (domestic corruption);
b) provide:
preparation of draft acts of the President of the Russian Federation and the Administration of the President of the Russian Federation aimed at the implementation of the Federal Law "On Combating Corruption" and other regulatory legal acts of the Russian Federation on combating corruption, as well as determining the procedure for interaction of the Office of the President of the Russian Federation on Civil Service and Personnel Issues with personnel services of federal executive bodies, other state bodies when carrying out checks provided for by decrees of the President of the Russian Federation of September 21, 2009 N 1065 and of September 21, 2009 N 1066;
functioning of the official website of the Administration of the President of the Russian Federation in accordance with the Federal Law of February 9, 2009 N 8-FZ "On Providing Access to Information on the Activities of State Bodies and Local Self-Government Bodies" for posting on it, in particular: information on income, property and property obligations of persons holding public positions of the Russian Federation and positions of the federal public service in the Administration of the President of the Russian Federation, in accordance with Decree of the President of the Russian Federation of May 18, 2009 N 561; federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation and the Administration of the President of the Russian Federation on anti-corruption topics for familiarization of employees of the Administration of the President of the Russian Federation; information about the activities of the Administration of the President of the Russian Federation;
preparation of proposals for improving the legislative regulation of restrictions, prohibitions and obligations related to the filling of public positions in the Russian Federation, including the positions of senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation, public positions of the constituent entities of the Russian Federation and municipal positions;
c) ensure control over the implementation of this National Plan and submit once a year to the Chairman of the Anti-Corruption Council under the President of the Russian Federation a report on the progress of its implementation and proposals for improving anti-corruption activities.
4. To the Prosecutor General of the Russian Federation:
a) during the annual presentation in accordance with Article 12 of the Federal Law "On the Prosecutor's Office of the Russian Federation" to the chambers of the Federal Assembly of the Russian Federation and the President of the Russian Federation a report on the state of law and order in the Russian Federation and on the work done to strengthen them, pay special attention to issues related to the prevention corruption and the fight against it;
b) organize consideration of the issue of the work of prosecutors of the constituent entities of the Russian Federation to supervise the implementation of the legislation of the Russian Federation on combating corruption. Report the results of consideration of the issue and the measures taken to improve this work to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by November 1, 2010;
c) to inform once every six months the Presidium of the Anti-Corruption Council under the President of the Russian Federation on the results of the work of the internal affairs bodies of the Russian Federation, federal security service bodies and other law enforcement agencies in combating corruption crimes;
d) analyze the organization of anti-corruption expertise of regulatory legal acts by the prosecution authorities of the Russian Federation and, if necessary, take measures to improve it. Report the results of the work and proposals to improve its efficiency to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by September 1, 2011.
5. To the Prosecutor General of the Russian Federation and prosecutors subordinate to him:
a) take measures to improve the organization of supervision over the implementation of the legislation of the Russian Federation by bodies carrying out operational-search activities, bodies of inquiry and preliminary investigation when initiating, investigating and terminating criminal cases on crimes of corruption. Report on the measures taken to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by October 1, 2011;
b) strengthen supervision:
for the implementation of the legislation of the Russian Federation, which regulates the use of state property and the placement of orders for the supply of goods, the performance of work, the provision of services for state and municipal needs;
for the execution by the heads of federal state bodies, state bodies of the constituent entities of the Russian Federation, heads of municipalities of the legislation of the Russian Federation on the prevention and settlement of conflicts of interest in the public service;
for the implementation of the legislation of the Russian Federation in the field of organizing and conducting inspections of legal entities, individual entrepreneurs by bodies authorized to exercise state control (supervision), municipal control;
c) report on the results of the implementation of subparagraph "b" of this paragraph to the presidium of the Council under the President of the Russian Federation for Combating Corruption before September 1, 2011;
d) take measures to improve the efficiency of the coordination meetings provided for in Article 8 of the Federal Law "On the Prosecutor's Office of the Russian Federation". Report on the measures taken to the Presidium of the Council under the President of the Russian Federation for Combating Corruption by August 1, 2011.
6. The Prosecutor General's Office of the Russian Federation:
a) together with the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Justice of the Russian Federation, the Federal Security Service of the Russian Federation, analyze the application of the provisions of the civil legislation of the Russian Federation for the return to the Russian Federation of property obtained by criminal means on the territory of the Russian Federation and exported outside it. Report the results of the work with the relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by September 1, 2011;
b) together with the Ministry of Justice of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Finance of the Russian Federation and other interested federal executive bodies, consider the advisability of the participation of the Russian Federation in the initiative of the World Bank and the United Nations Office on Drugs and Crime to recover stolen assets. Report the results of the consideration with relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by December 1, 2010;
c) together with interested federal executive authorities, analyze the practice of applying:
civil and administrative legislation of the Russian Federation in the part relating to the liability of legal entities on whose behalf or in whose interests corruption crimes are committed;
the legislation of the Russian Federation in the part relating to liability for bribery of foreign officials when concluding international commercial transactions;
d) report on the results of the execution of subparagraph "c" of this paragraph with relevant proposals to the presidium of the Council under the President of the Russian Federation for Combating Corruption before November 1, 2011.
7. The Prosecutor General's Office of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Justice of the Russian Federation, the Federal Security Service of the Russian Federation to hold in 2010, with the participation of the scientific community, scientific and practical conferences and seminars dedicated to the 10th anniversary of the UN Convention United Nations against transnational organized crime, during which to consider the implementation by the Russian Federation of the provisions of this Convention and their application. Report the results of the implementation of this paragraph to the Presidium of the Council under the President of the Russian Federation for Combating Corruption by February 1, 2011.
8. To the Ministry of Justice of the Russian Federation:
a) submit before October 1, 2010 to the Presidium of the Council under the President of the Russian Federation for Combating Corruption a proposal on the advisability of establishing an institution of lobbying in the Russian Federation;
b) prepare, with the participation of the Prosecutor General's Office of the Russian Federation, federal executive authorities, scientific organizations, other institutions of civil society, and by December 1, 2010, submit proposals to the President of the Russian Federation on the organizational and legal framework for monitoring law enforcement in order to ensure timely:
implementation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights, in connection with which it is necessary to adopt federal laws and other regulatory legal acts of the Russian Federation;
adoption, in cases stipulated by federal laws, of acts of the President of the Russian Federation, the Government of the Russian Federation, federal executive bodies, other state bodies, state authorities of the constituent entities of the Russian Federation and municipal legal acts;
adoption, in cases stipulated by acts of the President of the Russian Federation, acts of the Government of the Russian Federation, federal executive bodies, other state bodies, state authorities of the constituent entities of the Russian Federation and municipal legal acts;
c) generalize the practice of organizing anti-corruption expertise of normative legal acts and draft normative legal acts, as well as the practice of organizing monitoring of law enforcement. Report the results of the work with the relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by November 1, 2011;
d) in 2010, together with the Ministry of Foreign Affairs of the Russian Federation, the General Prosecutor's Office of the Russian Federation and with the participation of interested federal executive bodies, other state bodies, the Chamber of Commerce and Industry of the Russian Federation, the All-Russian public organization "Association of Lawyers of Russia", public organizations, bringing together industrialists and entrepreneurs, under the auspices of the UN Office on Drugs and Crime:
training in the Russian Federation of experts from other countries in organizing anti-corruption activities;
holding in the Russian Federation an international seminar on the topic "Preventing and Combating Corruption: International and National Experience";
e) to report on the results of the execution of subparagraph "d" of this paragraph to the Presidium of the Council under the President of the Russian Federation for Combating Corruption before February 1, 2011;
f) to consider the development of a long-term program to improve the efficiency of enforcement of judgments. Report the results of the consideration with relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by March 1, 2011;
g) together with the Ministry of Foreign Affairs of the Russian Federation, the Ministry economic development The Russian Federation and other interested federal executive authorities will continue to analyze the compliance of the Convention on Combating Bribery of Foreign Public Officials in International Commercial Transactions with the legislation of the Russian Federation. Report the results of the work with the relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by April 1, 2011;
h) together with the Judicial Department at the Supreme Court of the Russian Federation, take measures to post on the Internet, including on the official websites of departments (departments) of the Judicial Department at the Supreme Court of the Russian Federation in the constituent entities of the Russian Federation, information about the activities of justices of the peace. Report on the measures taken to the Presidium of the Council under the President of the Russian Federation for Combating Corruption by February 1, 2011.
9. The Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation should analyze the practice of protecting legal entities that assist law enforcement agencies in identifying and suppressing corruption and in investigating criminal cases of corruption-related crimes. Report the results of the work with the relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by March 1, 2011.
10. The Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, the Investigative Committee of the Russian Federation should take measures to intensify work to identify, suppress facts of corruption and investigate criminal cases of corruption-related crimes with strict observance of human and civil rights and freedoms. Report the results of the work with the relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by October 1, 2011. (as amended by the Decree of the President of the Russian Federation of 14.01.2011 N 38)
11. To the Ministry of Foreign Affairs of the Russian Federation:
a) to ensure, together with the federal executive authorities concerned, the active and practically significant participation of the Russian Federation in international anti-corruption measures;
b) organize regular informing of international organizations dealing with issues of combating corruption and the relevant bodies of foreign states about the efforts made by the Russian Federation to combat corruption, in particular about the content of the Federal Law "On Combating Corruption", the relevant decrees of the President of the Russian Federation, this National Plan and other documents on anti-corruption topics;
c) report on the implementation of the measures provided for in subparagraphs "a" and "b" of this paragraph to the Presidium of the Council under the President of the Russian Federation for Combating Corruption before October 1, 2011;
d) submit before June 1, 2011 to the Presidium of the Council under the President of the Russian Federation for Combating Corruption proposals on the advisability of signing the Council of Europe Civil Law Convention on Corruption of November 4, 1999, based on an analysis of the compliance of this Convention with the legal system of the Russian Federation and assessment of the possible consequences of its signing.
12. The Ministry of Economic Development of the Russian Federation to analyze the compliance of the provisions of the United Nations Convention against Corruption and other international treaties of the Russian Federation relating to public procurement, accounting, auditing and financial reporting, the legislation of the Russian Federation and submit before September 1, 2010 to the Presidium of the Council under the President of the Russian Federation for Combating Corruption a report with relevant proposals.
13. The Ministry of Education and Science of the Russian Federation, together with the Ministry of Foreign Affairs of the Russian Federation, to study the experience of foreign states in the implementation of anti-corruption educational programs and, by October 1, 2010, submit a corresponding report to the Presidium of the Council under the President of the Russian Federation for Combating Corruption.
14. Plenipotentiaries of the President of the Russian Federation in the federal districts to analyze the measures taken by the state authorities of the constituent entities of the Russian Federation to combat corruption in local governments, paying special attention to measures to eliminate the conditions conducive to the commission of corruption offenses that citizens encounter most often (domestic corruption) . Report the results of the work with the relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by April 1, 2011.
15. working group Presidium of the Council under the President of the Russian Federation for Combating Corruption to prepare proposals on measures for the implementation by the Russian Federation of the provisions of the United Nations Convention against Corruption:
a) consider the issue of the feasibility and possibility of developing the organizational foundations of a regional international forum that would monitor the main parameters of national anti-corruption systems. Report the results of the consideration with relevant proposals to the Presidium of the Anti-Corruption Council under the President of the Russian Federation by August 1, 2010;
b) before July 1, 2010, submit to the presidium of the Council under the President of the Russian Federation for Combating Corruption a proposal to coordinate the activities of federal executive bodies and other state bodies aimed at the implementation by the Russian Federation of the provisions of international anti-corruption treaties to which it is a party.
