For many years now, the problem of corruption has remained extremely pressing in the Russian Federation. The country has a special law No. 273-FZ “On Combating Corruption,” which sets out the basic rules for combating corruption. The most important provisions of this law will be discussed in the article.

What is the law about?

273-FZ “O” enshrines the key principles and legal foundations of the fight against corruption in the Russian state. But what is corruption in general? According to Article 1 of the normative act in question, these are attempts to abuse one’s official position, give or receive bribes, carry out commercial bribery or commit other illegal financial or property fraud in order to obtain benefits. By anti-corruption, the law means a set of various functions that are implemented by government agencies. Here it is worth highlighting the prevention of corruption, its elimination and minimization.

Anti-corruption principles

According to Federal Law No. 273-FZ "On Combating Corruption", all work to combat financial and property crimes must be based on a number of special principles. Here it is worth highlighting several main groups of conditions and ideas, without which it would not be possible to carry out our activities efficiently.

The first and most important principle is legality. It is necessary to act in strict accordance with the Constitution, 273-FZ "On Combating Corruption", as well as other regulations. The use of methods of struggle that do not comply with the law is not permitted, especially those that could significantly violate the rights and freedoms of third parties.

Next, it is worth highlighting the principle for. It is observed in Russia infrequently, and there are quite a lot of examples of this. Nevertheless, the law states that any persons who violate the law must be punished.

From the two principles presented above, two more follow: openness and publicity of the functions of government bodies. Any measures: political, informational, economic, propaganda - must be in the public domain and visible to every Russian citizen.

Fundamentals of Anti-Corruption

How is the work of government bodies responsible for combating corruption organized? Article 5 No. 273-FZ “On Combating Corruption” sets out the main provisions that provide the answer to this question.

The head of state of the Russian Federation must determine the main political directions in the area under consideration. Moreover, he is obliged to establish the competence of the federal executive bodies that he leads. Naturally, the powers of the President here are not unlimited, and the corresponding framework is established by the Russian Constitution.

Parliament (Federal Assembly), as a legislative body, must exercise its powers in the area of ​​the legislative process. Both the upper and lower houses are entrusted with the functions of drafting bills that would help implement better work in the field represented. Executive bodies must engage in control and supervisory activities over their own ministries.

Preventive anti-corruption measures

It is worth talking in a little more detail about how measures to prevent corruption are being implemented. Here are the types of professional activities worth highlighting here:

Thus, N 273-FZ “On Combating Corruption” quite clearly establishes all the main anti-corruption preventive measures.

About conflicts of interest

It’s no secret that quality often raises a real wave of public scandals and other extraordinary phenomena. This can be caused by various reasons: be it the lack of reaction from the state, the insufficiently imperative nature of the measures taken, the inconsistency of the implemented methods with the law, etc. However, the most common case here is a conflict of interest. In 273-FZ “On Combating Corruption” dated December 25, 2008, an entire article is even devoted to this phenomenon.

In Article 10, a conflict of interest is understood as a situation in which an official may not perform his or her professional activities well enough due to personal interest in something. In the field of anti-corruption, such a situation is far from uncommon. Often government fighters against corruption themselves become victims of what they are fighting against. What should you do in this case? There is usually only one option: organize more transparent and public work.

About liability and changes in the law

According to Article 13 of the regulatory act under consideration, responsibility for corruption is imposed on individuals in accordance with the civil and criminal legislation of the Russian Federation. A person may face administrative, criminal or disciplinary penalties for violations of the law in the area in question.

273-FZ “On Combating Corruption”, as amended in 2017, looks like a normative act consisting of 14 articles. In April 2017, the law was supplemented with information in Article 1, which provides basic concepts. The wording of the definitions of some terms has changed slightly. The law established a number of government bodies, including the Central Bank, the Pension Fund of the Russian Federation and the Medical Fund, which could deal with the prevention of corruption.

Article 12.2. Restrictions and obligations imposed on employees holding certain positions on the basis of an employment contract in organizations created to perform tasks assigned to federal government bodies

Unless otherwise established by regulatory legal acts of the Russian Federation, employees holding certain positions on the basis of an employment contract in organizations created to perform tasks assigned to federal government bodies are subject to restrictions, prohibitions and obligations established for federal government employees serving in relevant federal government bodies, in the manner prescribed by regulatory legal acts of federal government bodies.

Article 12.3. The obligation to transfer securities (participatory interests, shares in the authorized (share) capital of organizations) to trust management in order to prevent conflicts of interest

(introduced by Federal Law dated November 21, 2011 N 329-FZ)

1. In the event that a person holding a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation, a municipal position, a civil service position, a municipal service position, a position in a state corporation, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund compulsory medical insurance, another organization created by the Russian Federation on the basis of federal law, a position on the basis of an employment contract in an organization created to fulfill the tasks assigned to federal government bodies, securities (participatory interests, shares in the authorized (share) capital of organizations) leads or may lead to a conflict of interest, the specified person is obliged to transfer the securities belonging to him (participation shares, shares in the authorized (share) capital of organizations) to trust management in accordance with the civil legislation of the Russian Federation.

(as amended by Federal Law dated October 5, 2015 N 285-FZ)

2. The requirements of Part 1 of this article apply to employees of the Central Bank of the Russian Federation holding positions included in the list approved by the Board of Directors of the Central Bank of the Russian Federation.

Article 12.4. Restrictions, prohibitions and obligations imposed on workers holding positions in state corporations, other organizations created by the Russian Federation on the basis of federal laws, workers holding certain positions on the basis of an employment contract in organizations created to perform tasks assigned to federal government bodies

(introduced by Federal Law dated November 21, 2011 N 329-FZ)

For workers holding positions in state corporations, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws, workers filling certain positions on the basis of an employment contract in organizations created to carry out the tasks assigned to federal government bodies, in the manner determined by the regulatory legal acts of the Russian Federation, this Federal Law applies, taking into account the specifics determined by their legal status, restrictions, prohibitions and obligations established in relation to persons holding positions in the federal public service and clause 5 of part 1 of article 16, articles 17, 18, 20 and 20.1 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”.

(as amended by Federal Law dated October 5, 2015 N 285-FZ)

Article 12.5. Establishment of other prohibitions, restrictions, obligations and rules of official conduct

(introduced by Federal Law dated November 21, 2011 N 329-FZ)

1. Federal constitutional laws, federal laws, laws of constituent entities of the Russian Federation, municipal regulatory legal acts for persons holding government positions in the Russian Federation, government positions in constituent entities of the Russian Federation, municipal positions, civil service positions, municipal service positions, positions in state corporations, Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws, certain positions on the basis of an employment contract in organizations created to carry out tasks assigned to federal government bodies, in order to counteract corruption, other prohibitions, restrictions, obligations and rules of official conduct may be established.

(as amended by Federal Law No. 24-FZ dated February 15, 2016)

2. The provisions of Part 1 of this article apply to employees of the Central Bank of the Russian Federation holding positions included in the list approved by the Board of Directors of the Central Bank of the Russian Federation.

(Part 2 introduced by Federal Law dated December 3, 2012 N 231-FZ)

Article 13.3. Obligation of organizations to take measures to prevent corruption

(introduced by Federal Law dated December 3, 2012 N 231-FZ)

1. Organizations are obliged to develop and take measures to prevent corruption.

2. Measures to prevent corruption taken in the organization may include:

1) identification of units or officials responsible for the prevention of corruption and other offenses;

2) cooperation of the organization with law enforcement agencies;

3) development and implementation of standards and procedures aimed at ensuring the integrity of the organization;

4) adoption of a code of ethics and official conduct for employees of the organization;

5) prevention and resolution of conflicts of interest;

6) preventing the preparation of unofficial reports and the use of false documents.

Changes and amendments

Comments from Rossiyskaya Gazeta

This Federal Law establishes the basic principles of anti-corruption, the legal and organizational framework for preventing and combating corruption, minimizing and (or) eliminating the consequences of corruption offenses.

Article 1. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) corruption:

a) abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, etc. property rights for oneself or for third parties, or the illegal provision of such benefits to the specified person by other individuals;

b) committing the acts specified in subparagraph “a” of this paragraph on behalf of or in the interests of a legal entity;

2) anti-corruption - the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, civil society institutions, organizations and individuals within the limits of their powers:

a) to prevent corruption, including identifying and subsequently eliminating the causes of corruption (prevention of corruption);

b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);

c) to minimize and (or) eliminate the consequences of corruption offenses.

Article 2. Legal basis for combating corruption

The legal basis for combating corruption is the Constitution of the Russian Federation, federal constitutional laws, generally recognized principles and norms of international law and international treaties of the Russian Federation, this Federal Law and other federal laws, regulatory legal acts of the President of the Russian Federation, as well as regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of other federal government bodies, regulatory legal acts of government bodies of constituent entities of the Russian Federation and municipal legal acts.

Article 3. Basic principles of anti-corruption

Anti-corruption in the Russian Federation is based on the following basic principles:

1) recognition, provision and protection of fundamental rights and freedoms of man and citizen;

2) legality;

3) publicity and openness of the activities of state bodies and local governments;

4) the inevitability of responsibility for committing corruption offenses;

5) integrated use of political, organizational, information and propaganda, socio-economic, legal, special and other measures;

6) priority application of measures to prevent corruption;

7) cooperation of the state with civil society institutions, international organizations and individuals.

Article 4. International cooperation of the Russian Federation in the field of anti-corruption

1. The Russian Federation, in accordance with international treaties of the Russian Federation and (or) on the basis of the principle of reciprocity, cooperates in the field of combating corruption with foreign states, their law enforcement agencies and special services, as well as with international organizations in order to:

1) identifying persons suspected (accused) of committing corruption crimes, their location, as well as the location of other persons involved in corruption crimes;

2) identifying property obtained as a result of committing corruption offenses or serving as a means of committing them;

3) provision, in appropriate cases, of objects or samples of substances for research or forensic examinations;

4) exchange of information on anti-corruption issues;

5) coordination of activities to prevent corruption and combat corruption.

2. Foreign citizens, stateless persons not permanently residing in the Russian Federation, foreign legal entities with civil legal capacity created in accordance with the legislation of foreign states, international organizations, as well as their branches and representative offices (foreign organizations), accused (suspects) in the commission of corruption offenses outside the Russian Federation, are subject to liability in accordance with the legislation of the Russian Federation in cases and in the manner provided for by international treaties of the Russian Federation and federal laws.

Article 5. Organizational foundations of anti-corruption

1. President of the Russian Federation:

1) determines the main directions of state policy in the field of anti-corruption;

2) establishes the competence of the federal executive authorities, whose activities he supervises, in the field of combating corruption.

2. The Federal Assembly of the Russian Federation ensures the development and adoption of federal laws on anti-corruption issues, and also controls the activities of executive authorities within the limits of its powers.

3. The Government of the Russian Federation distributes functions among the federal executive authorities, whose activities it manages, to combat corruption.

4. Federal government bodies, government bodies of constituent entities of the Russian Federation and local government bodies shall combat corruption within the limits of their powers.

5. In order to ensure coordination of the activities of federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments in implementing state policy in the field of anti-corruption, by decision of the President of the Russian Federation, bodies may be formed consisting of representatives of federal government authorities, state authorities of constituent entities Russian Federation and other persons (hereinafter referred to as bodies for coordinating activities in the field of anti-corruption). To implement decisions of bodies for coordinating activities in the field of anti-corruption, draft decrees, orders and instructions of the President of the Russian Federation, draft decrees, orders and instructions of the Government of the Russian Federation can be prepared, which in the prescribed manner are submitted for consideration by the President of the Russian Federation, the Government of the Russian Federation, and Also, acts (joint acts) of federal government bodies, government bodies of constituent entities of the Russian Federation, whose representatives are members of the relevant body for coordinating activities in the field of anti-corruption, are issued. Upon receipt of data on the commission of corruption offenses, the bodies for coordinating activities in the field of anti-corruption transfer them to the relevant government bodies authorized to verify such data and make decisions based on the results of the verification in the manner prescribed by law.

6. The Prosecutor General of the Russian Federation and the prosecutors subordinate to him, within the limits of their powers, coordinate the activities of the internal affairs bodies of the Russian Federation, the federal security service, the customs authorities of the Russian Federation and other law enforcement agencies in the fight against corruption and exercise other powers in the field of combating corruption established by federal laws.

7. The Accounts Chamber of the Russian Federation, within the limits of its powers, ensures combating corruption in accordance with Federal Law of January 11, 1995 N 4-FZ “On the Accounts Chamber of the Russian Federation”.

Article 6. Measures to prevent corruption

Prevention of corruption is carried out by applying the following basic measures:

1) the formation in society of intolerance towards corrupt behavior;

2) anti-corruption examination of legal acts and their projects;

3) presentation, in the manner prescribed by law, of qualification requirements for citizens applying for state or municipal positions and positions in the state or municipal service, as well as verification in the prescribed manner of information provided by these citizens;

4) establishment as a basis for the dismissal of a person holding a position in a state or municipal service included in the list established by regulatory legal acts of the Russian Federation from the position being filled in a state or municipal service or for the application of other measures of legal liability to him for his failure to provide information or presentation knowingly providing false or incomplete information about your income, property and property-related obligations, as well as providing knowingly false information about the income, property and property-related obligations of your spouse and minor children;

5) introduction into the practice of personnel work of federal government bodies, government bodies of constituent entities of the Russian Federation, local self-government bodies of the rule, according to which the long-term, impeccable and effective performance by a state or municipal employee of his official duties must be taken into account when appointing him to a higher position, assignment of a military or special rank, class rank, diplomatic rank or with his encouragement;

6) development of institutions of public and parliamentary control over compliance with the legislation of the Russian Federation on combating corruption.

Article 7. Main directions of activity of state bodies to increase the effectiveness of anti-corruption

The main areas of activity of government bodies to increase the effectiveness of anti-corruption efforts are:

1) implementation of a unified state policy in the field of anti-corruption;

2) creation of a mechanism for interaction between law enforcement and other government bodies with public and parliamentary commissions on anti-corruption issues, as well as with citizens and civil society institutions;

3) adoption of legislative, administrative and other measures aimed at attracting state and municipal employees, as well as citizens, to take a more active role in combating corruption, and at creating a negative attitude towards corrupt behavior in society;

4) improving the system and structure of government bodies, creating mechanisms for public control over their activities;

5) introduction of anti-corruption standards, that is, the establishment for the relevant area of ​​activity of a unified system of prohibitions, restrictions and permissions that ensure the prevention of corruption in this area;

6) unification of rights and restrictions, prohibitions and obligations established for civil servants, as well as for persons holding public positions in the Russian Federation;

7) ensuring access of citizens to information about the activities of federal government bodies, government bodies of constituent entities of the Russian Federation and local government bodies;

8) ensuring the independence of the media;

9) strict adherence to the principles of judicial independence and non-interference in judicial activities;

10) improving the organization of the activities of law enforcement and regulatory authorities to combat corruption;

11) improving the procedure for performing state and municipal service;

12) ensuring integrity, openness, fair competition and objectivity when placing orders for the supply of goods, performance of work, provision of services for state or municipal needs;

13) elimination of unjustified prohibitions and restrictions, especially in the field of economic activity;

14) improving the procedure for using state and municipal property, state and municipal resources (including when providing state and municipal assistance), as well as the procedure for transferring rights to use such property and its alienation;

15) increasing the level of remuneration and social protection of state and municipal employees;

16) strengthening international cooperation and developing effective forms of cooperation with law enforcement agencies and with special services, with financial intelligence units and other competent authorities of foreign states and international organizations in the field of combating corruption and the search, confiscation and repatriation of property obtained through corruption and located abroad ;

17) strengthening control over the resolution of issues contained in appeals from citizens and legal entities;

18) transfer of part of the functions of state bodies to self-regulatory organizations, as well as other non-governmental organizations;

19) reducing the number of state and municipal employees while simultaneously attracting qualified specialists to the state and municipal service;

20) increasing the responsibility of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies and their officials for failure to take measures to eliminate the causes of corruption;

21) optimization and specification of the powers of government bodies and their employees, which must be reflected in administrative and official regulations.

Article 8. Obligation of state and municipal employees to provide information on income, property and property-related obligations

1. A citizen applying for a position in a state or municipal service included in the list established by regulatory legal acts of the Russian Federation, as well as an employee filling a position in a state or municipal service included in the list established by regulatory legal acts of the Russian Federation, are required to present the employer’s representative (employer) information about their income, property and property-related obligations and about the income, property and property-related obligations of their spouse and minor children. The procedure for submitting this information is established by federal laws and other regulatory legal acts of the Russian Federation.

2. Information on income, property and property-related liabilities submitted by state and municipal employees in accordance with this article is confidential information, unless federal law classifies it as information constituting a state secret.

3. It is not permitted to use information about income, property and property-related obligations of a state or municipal employee, his wife (husband) and minor children to establish or determine his solvency and the solvency of his wife (husband) and minor children, for collection in direct or indirect form of donations (contributions) to the funds of public associations or religious or other organizations, as well as in favor of individuals.

4. Persons guilty of disclosing information about income, property and property-related obligations of a state or municipal employee, his spouse and minor children, or using this information for purposes not provided for by federal laws, are liable in accordance with the legislation of the Russian Federation. Federation.

5. Information on income, property and property-related obligations of state and municipal employees may be provided for publication to the media in the manner determined by regulatory legal acts of the Russian Federation.

6. Verification of the accuracy and completeness of the information on income, property and property-related obligations of a state or municipal employee, his spouse and minor children specified in Part 1 of this article is carried out by a representative of the employer (manager) or a person to whom such powers are granted by the representative of the employer (manager), independently or by sending, in the manner established by the President of the Russian Federation, a request to law enforcement agencies or government bodies performing control functions about the data they have on income, property and property-related obligations of a state or municipal employee, his wife ( spouse) and minor children.

7. Failure by a citizen, upon entering the state or municipal service, to the representative of the employer (employer) of information about his income, property and property-related obligations, as well as about the income, property and property-related obligations of his wife (husband) and minor children, or provision of knowingly false information or incomplete information is grounds for refusal to admit the specified citizen to the state or municipal service.

8. Failure by a state or municipal employee to fulfill the obligation provided for in Part 1 of this article is an offense entailing the release of the state or municipal employee from the position he is filling in the state or municipal service or bringing him to other types of disciplinary liability in accordance with the legislation of the Russian Federation.

9. Federal laws on types of public service, as well as on municipal service, may establish more stringent prohibitions, restrictions, obligations, and rules of official conduct for a state or municipal employee.

Article 9. Obligation of state and municipal employees to notify about requests for the purpose of inducing them to commit corruption offenses

1. A state or municipal employee is obliged to notify the representative of the employer (employer), the prosecutor's office or other government bodies about all cases of any persons contacting him in order to induce him to commit corruption offenses.

2. Notification of facts of treatment for the purpose of inducing the commission of corruption offences, with the exception of cases when an audit has been or is being carried out on these facts, is the official (official) responsibility of a state or municipal employee.

3. Failure by a state or municipal employee to fulfill an official (official) duty provided for in Part 1 of this article is an offense entailing his dismissal from state or municipal service or bringing him to other types of liability in accordance with the legislation of the Russian Federation.

4. A state or municipal employee who notified the representative of the employer (employer), the prosecutor's office or other government bodies about the facts of treatment in order to induce him to commit a corruption offense, about the facts of other state or municipal employees committing corruption offenses, failure to provide information or provision of knowingly false or incomplete information about income, property and property-related obligations is under state protection in accordance with the legislation of the Russian Federation.

5. The procedure for notifying a representative of the employer (employer) about the facts of application for the purpose of inducing a state or municipal employee to commit corruption offenses, the list of information contained in the notifications, the organization of verification of this information and the procedure for registering notifications are determined by the representative of the employer (employer).

Article 10. Conflict of interest in state and municipal service

1. In this Federal Law, a conflict of interest in the state or municipal service is understood as a situation in which the personal interest (direct or indirect) of a state or municipal employee affects or may affect the proper performance of his official (official) duties and in which it arises or may arise a contradiction between the personal interest of a state or municipal employee and the rights and legitimate interests of citizens, organizations, society or the state, which can lead to harm to the rights and legitimate interests of citizens, organizations, society or the state.

2. The personal interest of a state or municipal employee, which affects or may influence the proper performance of his official (official) duties, is understood as the possibility of the state or municipal employee receiving income in the form of money, valuables, other property or services in the performance of official (official) duties property nature, other property rights for themselves or for third parties.

Article 11. The procedure for preventing and resolving conflicts of interest in state and municipal service

1. A state or municipal employee is obliged to take measures to prevent any possibility of a conflict of interest.

2. A state or municipal employee is obliged to notify his immediate superior in writing about a conflict of interest that has arisen or about the possibility of its occurrence as soon as he becomes aware of it.

3. The representative of the employer, if he becomes aware that a state or municipal employee has a personal interest that leads or may lead to a conflict of interest, is obliged to take measures to prevent or resolve the conflict of interest.

4. Prevention or resolution of a conflict of interest may consist in changing the official or official position of a state or municipal employee who is a party to the conflict of interest, up to his removal from the performance of official (official) duties in the prescribed manner, and (or) in his refusal of benefits, causing a conflict of interest.

5. Prevention and resolution of conflicts of interest to which a state or municipal employee is a party are carried out by recusal or self-recusal of a state or municipal employee in cases and in the manner provided for by the legislation of the Russian Federation.

6. If a state or municipal employee owns securities, shares (participatory interests, shares in the authorized (share) capital of organizations), he is obliged, in order to prevent a conflict of interest, to transfer the securities, shares (participatory interests, shares in the authorized capital) belonging to him (share) capital of organizations) into trust management in accordance with the legislation of the Russian Federation.

Article 12. Restrictions imposed on a citizen holding a position in a state or municipal service when he concludes an employment contract

1. A citizen who has filled positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after dismissal from state or municipal service has the right to fill positions in commercial and non-profit organizations, if certain functions of state management of these organizations were included in official (official) responsibilities of a state or municipal employee, with the consent of the relevant commission for compliance with the requirements for official conduct of state civil servants of the Russian Federation and the resolution of conflicts of interest, which is given in the manner established by regulatory legal acts of the Russian Federation.

2. A citizen who has held positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after dismissal from the state or municipal service is obliged, when concluding employment contracts, to inform the representative of the employer (employer) information about his last place of service.

3. Failure by a citizen who has held positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, after dismissal from the state or municipal service, to comply with the requirement provided for in Part 2 of this article, entails the termination of the employment contract concluded with the specified citizen.

4. An employer, when concluding an employment contract with a citizen who has filled positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after his dismissal from state or municipal service, is obliged within ten days to report the conclusion of such an agreement to the employer’s representative ( employer) of a state or municipal employee at his last place of service in the manner established by regulatory legal acts of the Russian Federation.

5. Failure by the employer to fulfill the obligation established by part 4 of this article is an offense and entails liability in accordance with the legislation of the Russian Federation.

Article 13. Liability of individuals for corruption offenses

1. Citizens of the Russian Federation, foreign citizens and stateless persons for committing corruption offenses bear criminal, administrative, civil and disciplinary liability in accordance with the legislation of the Russian Federation.

2. An individual who has committed a corruption offense, by a court decision, may be deprived in accordance with the legislation of the Russian Federation of the right to occupy certain positions in the state and municipal service.

Article 14. Liability of legal entities for corruption offenses

1. If, on behalf of or in the interests of a legal entity, the organization, preparation and commission of corruption offenses or offenses that create conditions for the commission of corruption offenses are carried out, liability measures may be applied to the legal entity in accordance with the legislation of the Russian Federation.

2. The application of liability measures to a legal entity for a corruption offense does not relieve a guilty individual from liability for this corruption offense, just as bringing an individual to criminal or other liability for a corruption offense does not exempt a legal entity from liability for this corruption offense.

3. The provisions of this article apply to foreign legal entities in cases provided for by the legislation of the Russian Federation.

President of Russian Federation

Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”

It is a fundamental regulatory legal act of the Russian Federation adopted for the purpose of combating corruption, establishing the basic principles of combating corruption, the legal and organizational framework for preventing and combating corruption, minimizing and (or) eliminating the consequences of corruption offenses.

Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption” for the first time in Russian legislation defines corruption as abuse of official position, bribery, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to legitimate interests society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties, or the illegal provision of such benefits to the specified person by other individuals, as well as the commission of these acts on behalf of or in the interests of legal entity.

The law also defines the concept of anti-corruption as an activity of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, civil society institutions, organizations and individuals within the limits of their powers:

• a) to prevent corruption, including identifying and subsequently eliminating the causes of corruption (prevention of corruption);
• b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);
• c) to minimize and (or) eliminate the consequences of corruption offenses.

It is proposed to expand the Russian legislative framework with norms regulating relations in the field of anti-corruption. State Duma Deputy Irina Yarovaya has developed a bill providing for a number of changes to the main federal regulations in this area: the Criminal Code of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, Federal Law of December 25, 2008 No. 273-F3 "On Combating Corruption ", Federal Law of December 3, 2012 No. 230-FZ "On control over the compliance of expenses of persons holding public positions and other persons with their income", Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the sphere of procurement of goods, works, services to meet state and municipal needs."

If the bill is adopted, the concepts of “corruption offense” and “corruption crime” will be defined at the legislative level for the first time. Previously, the legislation contained only the terms “corruption” and “anti-corruption” (Article 1 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”). Now, a corruption offense is proposed to be understood as a guilty act that violates the legislation of the Russian Federation on combating corruption and entails disciplinary, administrative, criminal or civil liability. A corruption crime is a crime involving the illegal use by an individual of his official position. Such an act must be committed in order to obtain benefits for oneself or third parties, or illegally provided by the latter.

In addition, the bill proposes to streamline corruption crimes into a separate list. The identification of 41 crimes in the specified list is associated with the presence of a fact of illegal use by an individual of his official position for selfish or other personal interests. The list also includes conditional corruption offenses related to those in accordance with international legal acts ratified by the Russian Federation and national legislation, as well as those related to the preparation of conditions for obtaining a certain benefit.

The bill establishes an additional basis for monitoring the expenses of officials. Thus, information that a person holding a public position is suspected or accused of committing a corruption crime can serve as a basis for monitoring the expenses of this person and his family members.

It is proposed to establish criminal liability for theft of budget funds, as well as financial assets of a state company or state corporation. For the theft of budget funds during the execution of a state or municipal contract, increased liability is provided in the form of imprisonment for a term of 4 to 10 years with a fine of 1 million to 3 million rubles. or in the amount of wages or other income of the convicted person for a period of one to three years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 10 years.

According to the developer of the bill, changes and additions will ensure the unity and consistency of state policy in the field of combating corruption, create a unified system for recording the level of corruption and damage from corruption offenses, and create a set of interrelated measures of a criminal, administrative and civil nature to establish responsibility for corruption offenses and crimes.

The text of bill No. 371176-6 “On amendments to certain legislative acts of the Russian Federation in terms of improving anti-corruption measures” and materials for it are posted on the official website of the State Duma.

In the 2013 Global Corruption Perceptions Index, published by the international non-governmental organization Transparency International, Russia ranked 127th out of 177. Compared to last year's 133rd place, this seems like a success, but in reality it is not. On the neighboring lines with the same result are Mali, Nicaragua, Pakistan, Madagascar, Gambia, Comoros and Azerbaijan. All this suggests that despite the many adopted regulations aimed at combating corruption, the real state of affairs in the Russian state in terms of the fight against corruption lags behind the ideal, which is set out by the legislator.

Federal Law No. 273 is aimed at introducing measures to combat corruption. The main objective of the legal act is to maintain a unified anti-corruption policy. According to the provisions of the legal act, an individual should be criminally punishable for inducing the subject to corrupt acts.

Federal Law No. 273 was adopted on December 19, 2008. Federal Law 273 came into force on December 25, 2008.

The law regulates the basic principles of combating corruption in the Russian Federation. Law FZ-273 is aimed at eliminating corrupt practices.

Federal Law 273 includes the following provisions:

• anti-corruption principles;
• responsibility of persons for committing illegal actions;
• restrictions related to the replacement of an official;
• basic concepts;
• liability imposed on legal entities in relation to
• corrupt practices;
• measures to prevent corruption in the country and others.

Download Federal Law 273

Federal Law 273 includes 14 articles regulating actions to combat corruption in the Russian Federation. Each paragraph of the Law describes certain norms and responsibilities for corruption in the country.

You can get acquainted with the new amendments to the law by downloading Federal Law-273 “On Combating Corruption with Latest Amendments” in the latest edition from .

Latest edition of the Federal Law “On Combating Corruption”

Article 7

Article 7 of Federal Law 273 describes the main branches of the activities of government bodies to combat corruption. One of them includes a subclause prohibiting certain categories of citizens from opening bank accounts outside the Russian Federation.

List of anti-corruption measures:

• implementation of a unified state policy to combat corruption;
• clear designation of the powers of public authorities;
• control over resolving issues of legal entities and individuals;
• lifting restrictions on economic activity;
• increase in wages for government employees and others.

In the latest edition of Federal Law-273 in Art. 7 no new changes were made.

Article 8

Article 8 of Federal Law No. 273 describes the procedure for providing information about income, acquired property and obligations associated with its acquisition.

The law provides for categories of citizens who are required to provide their employer with information about their income:

• employees applying for positions in the civil service;
• employees applying for positions in the Central Bank and its Board of Directors;
• citizens who apply for positions in municipal services and others.

The Law also describes categories of citizens who are not required to provide information on income:

• citizens who are called up for military service;
• students.

The procedure for providing information certificates on income is established by the Federal Law, the Central Bank of the Russian Federation and other regulations.

No new changes were made to Article 8 after the Law was amended.

Article 9

Article 9 of Federal Law 273 regulates the need for employees at state and municipal enterprises to report attempts to commit corrupt acts.

The legislation of the Russian Federation protects employees who report an attempt by an outsider to induce them to violate the Law. If an employee does not notify higher authorities about the illegal transfer of funds, he may be fired.

Amendments to Art. 9 was not entered.

Article 11

Article 11 of Federal Law 273 describes the procedure for prohibiting conflict situations and ways to resolve them. The article includes a subclause on the responsibilities of public service employees.

If the employer becomes aware of a conflict of legitimate interests of its employees, it must resolve it.

Amendments to penalties for violators were made to Article 11 of Federal Law 273. According to the new amendments, an employee must be dismissed for violating the Law.

Article 12

Article 12 of Federal Law-273 includes 5 subparagraphs. It describes the restrictions and responsibilities for citizens holding positions in the civil service.

According to the new version of Article 12, paragraph 1, persons holding government positions in the Russian Federation must report a conflict of interest and try to resolve it.

Article 13

Article 13 of Federal Law-273 outlines the responsibility of individuals for violating corruption rules.

For giving a bribe, an individual bears:

• criminal liability;
• administrative;
• civil law;
• disciplinary.

If an individual is caught committing corrupt acts, then, according to the legislation of the Russian Federation, he is deprived of the right to hold positions in state and municipal services.

The article of the Law describes the process of dismissal in the event of loss of confidence in an employee. Also, according to Art. 13 of Federal Law No. 273, enterprises are obliged to take measures to prevent corruption.

After the last edition of the Law, no amendments were made to Article 13.