Changes in legislation on anti-corruption and state civil service. Administration of the Volga rural settlement Nekouzsky municipal district of the Yaroslavl region Federal Law 285 Federal Law

"On amendments to certain legislative acts of the Russian Federation in terms of establishing the obligation of persons holding public positions and other persons to report the emergence of personal interest that leads or may lead to a conflict of interest, and to take measures to prevent or resolve conflicts of interest"

Revision dated 10/05/2015 — Valid from 10/17/2015

RUSSIAN FEDERATION

THE FEDERAL LAW

ON AMENDMENTS TO SELECTED LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION WITH RESPECT TO ESTABLISHING THE OBLIGATION OF PERSONS HOLDING PUBLIC OFFICES AND OTHER PERSONS TO REPORT THE ARISE OF PERSONAL INTEREST WHICH LEADS OR MAY LEAD TO CONFLICT KTU OF INTERESTS, AND TAKE MEASURES TO PREVENT OR SETTLE CONFLICTS OF INTERESTS

Article 1

"Article 40.2. Restrictions, prohibitions and obligations related to work in the bodies and institutions of the prosecutor's office

1. Persons holding positions specified in paragraph two of paragraph 1 of Article 40 of this Federal Law are subject to the restrictions, prohibitions and obligations established by the Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” and Articles , , and 20.1 Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation” (hereinafter referred to as the Federal Law “On the State Civil Service of the Russian Federation”) for civil servants.

2. The Prosecutor General of the Russian Federation is subject to the restrictions and obligations established by Article 12.1 of Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption.”

3. The Prosecutor General of the Russian Federation is obliged to report, in the manner prescribed by decrees of the President of the Russian Federation, the emergence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest, as well as take measures to prevent or resolve such a conflict."

Article 2

Article 6 of the Federal Law of May 8, 1994 N 3-FZ "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" (as amended by the Federal Law of July 5, 1999 N 133-F3) (Collection of Legislation of the Russian Federation, 1994, No. 74; 1999, No. 3466; 2005, No. 3033; art. 1749; art. 2006, no. 3123; Art. 2391, Art. 16; 2013, Art. 2329; Art. 3987) add part two as follows:

"2.2. A member of the Federation Council, a deputy of the State Duma, if there are grounds and in the manner determined by the relevant chamber of the Federal Assembly of the Russian Federation, are obliged to report, respectively, to the commission of the Federation Council, the State Duma for monitoring the reliability of information on income, property and property-related obligations , represented by members of the Federation Council, deputies of the State Duma, about the emergence of personal interest in the exercise of their powers, which leads or may lead to a conflict of interest, and also to take measures to prevent or resolve such a conflict."

Article 3

Article 4

2) part three should be stated as follows:

“For the purposes of this Code, the concept of “conflict of interest” is used, established by the legislation of the Russian Federation on combating corruption.”.

Article 6

"15.3. A voting member of the Central Election Commission of the Russian Federation, working in the said commission on a permanent (regular) basis, is obliged to report in the manner prescribed by the decrees of the President of the Russian Federation about the emergence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest, as well as take measures to prevent or resolve such a conflict.

15.4.

A voting member of an election commission of a constituent entity of the Russian Federation, working in said commission on a permanent (regular) basis, and a voting member of another election commission operating on a permanent basis and being a legal entity, are required to report the occurrence of personal interest in the performance of official duties. which leads or may lead to a conflict of interest, and also take measures to prevent or resolve such a conflict in the manner prescribed by law."

Article 7

Article 8

"3. For the purposes of this Federal Law, the concept of “personal interest” is used, established by Part 2 of Article 10 of the Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption.”.”

Article 9

Article 10

1) in Part 4 of Article 8.1, delete the word “shares”;

2. In part 1 of this article, personal interest is understood as the possibility of receiving income in the form of money, other property, including property rights, services of a property nature, results of work performed or any benefits (advantages) by the person specified in part 1 of this article , and (or) persons who are closely related or related to him (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children), citizens or organizations with whom the person specified in Part 1 of this article, and (or) persons who are closely related or related to him are related by property, corporate or other close relations.";

2. The person specified in Part 1 of Article 10 of this Federal Law is obliged to notify in the manner determined by the representative of the employer (employer) in accordance with the regulatory legal acts of the Russian Federation of a conflict of interest that has arisen or of the possibility of its occurrence as soon as it becomes known to him known.

4. Prevention or resolution of a conflict of interest may consist of changing the official or official position of the person specified in Part 1 of Article 10 of this Federal Law, who is a party to the conflict of interest, up to his removal from official duties in the prescribed manner and (or) in his refusal to benefit, which was the cause of a conflict of interest.

5. Prevention and resolution of conflicts of interest, to which the person specified in Part 1 of Article 10 of this Federal Law is a party, is carried out by recusal or self-recusal of the said person in cases and in the manner provided for by the legislation of the Russian Federation.

6. Failure by a person specified in Part 1 of Article 10 of this Federal Law, who is a party to a conflict of interest, to take measures to prevent or resolve a conflict of interest is an offense entailing the dismissal of the specified person in accordance with the legislation of the Russian Federation.

7. If the person specified in Part 1 of Article 10 of this Federal Law owns securities (participation shares, shares in the authorized (share) capital of organizations), he is obliged, in order to prevent a conflict of interest, to transfer the securities (participation shares) belonging to him , shares in the authorized (share) capital of organizations) for trust management in accordance with civil law.";

a) add part 4.1 with the following content:

"4.1. Persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, municipal positions and exercising their powers on an ongoing basis are required to report in the manner established by regulatory legal acts of the Russian Federation about the emergence of personal interest in the performance of official duties, which leads to or may lead to a conflict of interest, and also take measures to prevent or resolve such a conflict.";

a) exclude the word “shares” from the name;

b) in Part 1, the word “federal”, the word “shares” and the word “shares” should be deleted;

"Article 17.1. Responsibilities imposed on persons holding certain government positions of the Russian Federation in the system of the Ministry of Foreign Affairs of the Russian Federation, in order to prevent or resolve conflicts of interest

Before the adoption of a federal law defining the legal status (status) of persons filling the government positions of the Russian Federation of the Ambassador Extraordinary and Plenipotentiary of the Russian Federation in a foreign state and the Permanent Representative (representative, permanent observer) of the Russian Federation at an international organization (in a foreign state), these persons are obliged report the emergence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest, and also take measures to prevent or resolve such a conflict in the manner prescribed by decrees of the President of the Russian Federation for persons holding public positions in the Russian Federation."

"2.1. The Chairman of the Accounts Chamber, Deputy Chairman of the Accounts Chamber, auditors of the Accounts Chamber are obliged to report, in the manner prescribed by decrees of the President of the Russian Federation, the emergence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest, as well as take measures to prevent or the resolution of such a conflict."

The president
Russian Federation
V. PUTIN

On October 17, 2015, the Federal Law of October 5, 2015 No. 285-FZ “On amendments to certain legislative acts of the Russian Federation regarding the establishment of the obligation of persons holding public positions and other persons to report the occurrence of personal interest that leads or may lead to a conflict of interest, and take measures to prevent or resolve conflicts of interest” (hereinafter referred to as Federal Law No. 285-FZ).

The following changes have been made:

1. The range of entities in respect of whom the obligation to report the emergence of personal interest that leads or may lead to a conflict of interest has been expanded. The list of specified persons in the constituent entity of the Russian Federation, in addition to state and municipal employees, includes: deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation; members of the election commission of a constituent entity of the Russian Federation with voting rights; persons holding state and municipal positions.

2. In Article 10 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” (hereinafter referred to as Federal Law No. 273-FZ):

A unified concept of “conflict of interest” is outlined for all of the above subjects. At the same time, the concept of “conflict of interest” is excluded from the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, the Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation”, the Labor Code of the Russian Federation Federation with reference to Federal Law No. 273-FZ;

A new definition of the concept of “personal interest” is given, which means the possibility of obtaining not only material benefits, but also any other benefits or advantages.

3. The circle of third parties in the interests of whom officials can act in a situation of conflict of interest has been determined. It includes persons who are closely related or related to the official (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children), citizens or organizations with whom the official and (or) ) persons who are closely related or related to him are related by property, corporate or other close relationships.

4. There is a need to determine, by a regulatory legal act, the employer’s representative in each government agency, the procedure for notification by an official of a “conflict of interest” that has arisen or the possibility of its occurrence.

On October 20, 2015, changes to the Law of the Tomsk Region dated December 9, 2005 No. 231-OZ “On the State Civil Service of the Tomsk Region” (hereinafter referred to as Law No. 231-OZ) came into force.

In accordance with the latest edition of Law No. 231-OZ:

1. The qualification requirements for the highest group of positions in the state civil service of the Tomsk region, category “managers”, have been supplemented with special requirements for having at least 3 years of experience (experience in management positions).

For the leading group of positions in the state civil service of the Tomsk region, there is a requirement for length of service: at least two years of experience in the state civil service or at least four years of work experience (experience) in the specialty or area of ​​training.

2. The requirements for providing information on income, expenses, property and property-related obligations have changed. This information is provided by civil servants who do not hold corrupt positions and are applying to fill them. For this category of civil servants, Law of the Tomsk Region dated December 9, 2005 N 231-OZ “On the State Civil Service of the Tomsk Region” introduced the concept of “candidate for the position of state civil service of the Tomsk Region”.

Introduce into the Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” (Collection of Legislation of the Russian Federation, 2008, N 52, Art. 6228; 2011, N 48, Art. 6730; 2012, N 50, Art. 6954 ; 2013, No. 40, Art. 5031; 2014, No. 52, Art. 7542) the following changes:

1) in Part 4 of Article 8.1, delete the word “shares”;

2) Article 10 should be stated as follows:

"Article 10. Conflict of interest

1. In this Federal Law, a conflict of interest is understood as a situation in which the personal interest (direct or indirect) of a person holding a position, the filling of which involves the obligation to take measures to prevent and resolve conflicts of interest, affects or may affect the proper, objective and impartial performance them official (official) duties (exercise of powers).

2. In part 1 of this article, personal interest is understood as the possibility of receiving income in the form of money, other property, including property rights, services of a property nature, results of work performed or any benefits (advantages) by the person specified in part 1 of this article , and (or) persons who are closely related or related to him (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children), citizens or organizations with whom the person specified in Part 1 of this article, and (or) persons who are closely related or related to him are related by property, corporate or other close relations.";

3) Article 11 should be stated as follows:

"Article 11. Procedure for preventing and resolving conflicts of interest

1. The person specified in Part 1 of Article 10 of this Federal Law is obliged to take measures to prevent any possibility of a conflict of interest.

2. The person specified in Part 1 of Article 10 of this Federal Law is obliged to notify in the manner determined by the representative of the employer (employer) in accordance with the regulatory legal acts of the Russian Federation of a conflict of interest that has arisen or of the possibility of its occurrence as soon as it becomes known to him known.

3. The representative of the employer (employer), if he becomes aware that the person specified in Part 1 of Article 10 of this Federal Law 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 of changing the official or official position of the person specified in Part 1 of Article 10 of this Federal Law, who is a party to the conflict of interest, up to his removal from official duties in the prescribed manner and (or) in his refusal to benefit, which was the cause of a conflict of interest.

5. Prevention and resolution of conflicts of interest, to which the person specified in Part 1 of Article 10 of this Federal Law is a party, is carried out by recusal or self-recusal of the said person in cases and in the manner provided for by the legislation of the Russian Federation.

6. Failure by a person specified in Part 1 of Article 10 of this Federal Law, who is a party to a conflict of interest, to take measures to prevent or resolve a conflict of interest is an offense entailing the dismissal of the specified person in accordance with the legislation of the Russian Federation.

7. If the person specified in Part 1 of Article 10 of this Federal Law owns securities (participation shares, shares in the authorized (share) capital of organizations), he is obliged, in order to prevent a conflict of interest, to transfer the securities (participation shares) belonging to him , shares in the authorized (share) capital of organizations) for trust management in accordance with civil law.";

4) Article 11.1, after the words “for the purpose of inducing the commission of corruption offenses”, add the words “to report the emergence of personal interest in the performance of official duties, which leads or may lead to a conflict of interest,”;

5) in article 12.1:

a) add part 4.1 with the following content:

"4.1. Persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, municipal positions and exercising their powers on an ongoing basis are required to report in the manner established by regulatory legal acts of the Russian Federation about the emergence of personal interest in the performance of official duties, which leads to or may lead to a conflict of interest, and also take measures to prevent or resolve such a conflict.";

b) in part 5, replace the numbers “1 - 4” with the numbers “1 – 4.1”;

6) in article 12.3:

a) exclude the word “shares” from the name;

b) in Part 1, the word “federal”, the word “shares” and the word “shares” should be deleted;

7) in Article 12.4 the words “Articles 17, 18 and 20” are replaced with the words “Clause 5 of Part 1 of Article 16, Articles 17, 18, 20 and 20.1”.

The changes affected the concepts themselves - conflict of interest and personal interest; they are more precisely defined by the new legal document. Thus, a conflict of interest is understood as a situation where the personal interest (direct or indirect) of a person holding a position, the tenure of which obliges this person to take measures to prevent and resolve conflicts of interest, affects or may affect the proper, objective and impartial performance of his official duties ( official) duties (exercise of powers). Personal interest is considered the possibility of receiving income in the form of money, other property, including property rights, services of a property nature, results of work performed or any benefits (advantages) by the specified person or persons closely related to him or her (parents, spouses) , children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children), citizens or organizations with which this person or his relatives are connected by property, corporate or other close relations. The new law defines the list of specified persons and the bodies to which relevant messages are sent. The changes took effect on October 17, 2015.

Changes have been made to the concept of an official in the Criminal Code of the Russian Federation.

Since July 24, 2015, officials are also recognized as those who perform organizational and administrative, administrative and economic functions in state companies, state and municipal unitary enterprises, joint-stock companies in which a controlling stake belongs to the Russian Federation, constituent entities of the Russian Federation or municipalities,

Before the amendments were made, these persons were criminally liable not as officials, but as “merchants”; in particular, they were subject to articles on abuse of power (201 of the Criminal Code of the Russian Federation) and commercial bribery (204 of the Criminal Code of the Russian Federation), which provided for less severe criminal liability.

Article 293 of the Criminal Code of the Russian Federation (Negligence) was supplemented with Part 1.1 as of July 24, 2015, providing for criminal liability for negligence resulting in the infliction of particularly large damage (over 7.5 million rubles). The culprit faces a fine of up to 500 thousand rubles with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years, or compulsory labor for up to 480 hours, or correctional labor for up to 2 years, or arrest for up to 6 months.

and about. interdistrict prosecutor

Counselor of Justice M.V. Ratov