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Anti-corruption policy
Anti-Corruption
Corruption is a significant endemic problem typical for most countries across the world, not only Russia. Due to it, corruption control has been among high-priority challenges posed at the country level in Russia recently.
The concept of corruption is given in Federal Law on Countering Corruption No. 273-FZ dated December 25, 2008 (hereinafter referred to as Federal Law No. 273-FZ). In accordance with it corruption represents abuse of official position, bribery, abuse of authority, corrupt business practices or other forms of official position illegal use by an individual in violation of legitimate public interests for the purposes of obtaining benefits in the form of money, things of value, property or monetized services, other property rights for themselves or third parties or illegal assignment of such benefits to the abovementioned person by other individuals and commission of the abovementioned actions by or in behalf of a legal entity.
Federal Law No. 273-FZ also defines the concept of corruption countering. According to it corruption countering represents activities of federal authorities, public authorities of the subjects of the Russian Federation, self-governing authorities, civil society institutions, organizations and individuals within the limits of their competence and authority:
- Activities aimed at corruption prevention, including identification and further elimination of corruption causes.
- Activities aimed at detection, prevention, exposure and investigation of corruption offences.
- Activities aimed at minimization and/or remediation of consequences of corruption offences.
Over the past few years anti-corruption laws and corresponding regulatory instruments were developed in the Russian Federation; they allow combating this adverse phenomenon. In addition, for the purposes of creation of an anti-corruption system in the Russian Federation and elimination of corruption causes, Presidential Anti-Corruption Council of the Russian Federation was established by Russian Federation Presidential Decree on Anti-Corruption Measures No. 815 dated May 19, 2008 (https://state.kremlin.ru/council/12/news).
Legal Basis for Anti-Corruption in the Russian Federation
The legal basis for anti-corruption is represented by the Constitution of the Russian Federation, federal constitutional laws, generally accepted principles and norms of international law and international treaties to which the Russian Federation is a signatory, federal laws, regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, federal state governmental authorities, and public authorities of the subjects of the Russian Federation as well as municipal regulations.
The President of the Russian Federation determines major public policies related to corruption control. In addition, the President of the Russian Federation establishes jurisdiction of federal executive authorities in the area of corruption control, which activities he administers.
The Federal Assembly of the Russian Federation ensures development and adoption of anti-corruption federal laws as well as control of activities of government authorities within the limits of their powers.
The Government of the Russian Federation assigns anti-corruption functions to federal executive authorities, which activities it controls.
For the purposes of coordination of activities of federal executive authorities, executive government bodies of the constituent entities of the Russian Federation and self-governing authorities related to anti-corruption state policy implementation, on the resolution of the President of the Russian Federation bodies consisting of representatives of federal state governmental authorities, public authorities of the subjects of the Russian Federation and other parties can be formed. In case of any data on corruption offences are received, the bodies engaged in corruption control activities coordination transfer this data to corresponding governmental authorities that are empowered to carry out checks of such data and take decisions based on check results in accordance with the procedure established by law.
Measures Aimed at Corruption Prevention
In compliance with Federal Law No. 273-FZ, the following measures are taken to prevent corruption:
- Formation of intolerance to corrupt conduct in the society.
- Anti-corruption expert review of legal acts and their drafts.
- Quarterly consideration by federal state governmental authorities, public authorities of the subjects of the Russian Federation, self-governing authorities, other authorities and organizations vested with state or other public powers of issues related to law enforcement practices based on the results of decisions taken by courts and arbitrary courts which have entered into legal force with respect to invalidation of non-regulatory legal acts, decisions and actions/inactions of the abovementioned bodies, organizations and their officials for the purposes of development and taking measures related to prevention and elimination of causes of revealed violations.
- Imposition of qualifying requirements in accordance with the procedure established by law to individuals seeking appointment to public or municipal positions and positions in the government or municipal service as well as check of data submitted by the abovementioned individuals in accordance with the procedure established by law.
- Establishment of failure to submit required data and/or submission of deliberately false or incomplete data on income, expenditures, property and property-related obligations as well as submission of knowingly false data on income, expenditures, property and property-related obligations of spouses and minor children as the ground for office termination and/or dismissal of a person holding a public or municipal office included into the list approved by regulatory legal acts of the Russian Federation or application of other sanctions to such persons.
- Introduction of regulations into the practice of personnel management of federal state governmental authorities, public authorities of the subjects of the Russian Federation and self-governing authorities in accordance with which long-lasting, faultless and efficient performance of official duties by a public employee shall be taken into account in a mandatory manner for the purposes of his/her appointment to a higher position, conferral of a military or special rank, class rank, diplomatic rank or for the purposes of encouragement.
- Development of institutions of public and parliamentary control of compliance with anti-corruption legislation of the Russian Federation.
Activities of Government Bodies Related to Improvement of Anti-Corruption Efficiency
Main areas of activity of government bodies related to anti-corruption efficiency improvement are as follows:
1. Adoption of a unified state policy in the area of corruption control.
2. Creation of a mechanism for cooperation of law enforcement agencies and other government bodies with public and parliamentary committees for anti-corruption as well as other individuals and civil society institutions.
3. Adoption of legislative, administrative and other measures aimed at engagement of public servants and citizens in participation in corruption control, formation of a negative attitude to corruption conduct in the society.
4. Improvement of the system and structure of state agencies, development of mechanisms of public control over their activities.
5. Introduction of anti-corruption standards, i.e. establishment of a unified system of prohibitions, restrictions and permissions for a corresponding area of activity that will ensure corruption prevention in it.
6. Unification of rights of public servants, persons holding state positions in the Russian Federation, official positions of subjects of the Russian Federation, positions of chiefs of municipal entities, public offices as well as prohibitions, restrictions and permissions established for the abovementioned servants and persons.
7. Provision of access to information about activities of federal state governmental authorities, public authorities of the subjects of the Russian Federation and self-governing authorities to citizens.
8. Provision of mass media independence.
9. Strict compliance with the principles of independence of judges and non-interference with the judicial activity.
10. Improvement of organization of activities of law-enforcement and controlling authorities with respect to anti-corruption.
11. Improvement of the procedure of performance of government and municipal service.
12. Provision of fairness, openness, fair competition and objectivity in the course of goods, works and services purchase to meet state and municipal demands.
13. Elimination of groundless prohibitions and restrictions, especially in the area of economic activity.
14. Improvement of the procedure of use of state and municipal property, state and municipal resources (including provision of state and municipal assistance) as well as the procedure of assignment of rights to use such property and alienate it.
15. Increase in remuneration of labor and social security of public servants.
16. Strengthening of international cooperation and development of efficient forms of cooperation with law enforcement authorities and intelligence services, financial intelligence units and other competent authorities of foreign states and international organizations in the area of corruption control and search for, forfeiture and repatriation of corrupt property located abroad.
17. Strengthening of control over handling appeals of individuals and legal entities.
18. Transfer of a part of functions of state authorities to self-governed organizations and other non-governmental organizations.
19. Reduction in the number of public servants and engagement of skilled professionals to federal and municipal agencies.
20. Raising responsibility of federal state governmental authorities, public authorities of the subjects of the Russian Federation, self-governing authorities and their officials for taking measures aimed at corruption causes elimination.
21. Optimization and concretization of authorities of government bodies and their officials that shall be included into administrative official regulations.