Civil servants' expenses are now under control. Who carries out state supervision over compliance with the legislation of the Russian Federation on the civil service? Checking the expenses of state civil servants

exercising control over the compliance of expenses of federal civil servants of the Office of the Federal

state registration, cadastre and cartography services

in the Tyumen region

1. This Procedure for monitoring the compliance of expenses of federal state civil servants of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Tyumen Region (hereinafter referred to as the Procedure) defines the rules for monitoring the compliance of expenses submitted by federal state civil servants (hereinafter referred to as civil servants) of the Office Federal Service for State Registration, Cadastre and Cartography for the Tyumen Region (hereinafter referred to as the Department).

2. Control is exercised over the expenses of civil servants of the Office filling positions in the federal state civil service included in the List of positions in the Federal Service for State Registration, Cadastre and Cartography (hereinafter referred to as Rosreestr), when appointed to which citizens and when filling which federal state civil servants are obliged provide information about your income, property and property-related obligations, as well as information about the income, property and property-related obligations of your spouse and minor children, approved by Rosreestr Order No. P/87 dated January 1, 2001 “On approval of the List of Positions” in the Federal Service for State Registration, Cadastre and Cartography, upon appointment to which citizens and upon replacement of which federal civil servants are required to provide information on their income, property and property-related obligations, as well as information on income, property and property-related obligations of their spouse and minor children" (hereinafter referred to as the List).

3. Civil servants of the Department holding positions specified in the List are required to provide information about their expenses, as well as about the expenses of their spouse and minor children for each transaction for the acquisition of a land plot, other real estate, vehicle, securities, shares (shares of participation, shares in the authorized (share) capital of organizations), if the amount of the transaction exceeds the total income of the civil servant and his spouse for the last three years preceding the transaction, and about the sources of funds at the expense of which the transaction was made.

4. The basis for making a decision to exercise control over the expenses of a civil servant of the Office holding a position provided for in the List, as well as the expenses of his spouse and minor children (hereinafter referred to as family members) is sufficient information, presented in writing, about that a civil servant and (or) a family member entered into a transaction to acquire a plot of land, other real estate, a vehicle, securities, shares (participatory interests, shares in the authorized (share) capital of organizations), in an amount exceeding the total income of the civil servant and spouse) for the last three years preceding the transaction.

5. The specified information can be provided:

6. Information of an anonymous nature cannot serve as the basis for making a decision to exercise control over the expenses of a civil servant of the Office and his family members.

7. The head of the Department or an official authorized by him makes a decision on monitoring the expenses of a civil servant of the Department holding a position provided for in the List, as well as the expenses of his family members (hereinafter referred to as the Decision).

7.1. The decision is made separately in relation to each civil servant or member of his family and is formalized in written form by the Order of the head of the Department or an official authorized by him.

8. Control over the expenses of a civil servant of the Office and members of his family includes:

8.1. requesting information from a civil servant;

8.1.1. about his expenses, as well as about the expenses of family members for each transaction for the acquisition of a land plot, other real estate, vehicle, securities, shares (participation shares, shares in the authorized (share) capital of organizations), if the transaction amount exceeds the total income of the civil the employee and his spouse for the last three years preceding the transaction;

8.1.2. about the sources of funds at the expense of which the transaction specified in clause 8.1.1 was completed. this Procedure;

8.2. checking the accuracy and completeness of the information specified in clauses 3 and 8.1. this Procedure;

8.3. determining whether the expenses of a civil servant of the Office and members of his family correspond to their total income.

9. The information provided for in paragraph 8.1 of this Procedure is provided to civil servants within 15 working days from the date of their request.

10. An employee of the civil service and personnel department responsible for the prevention of corruption and other offenses (hereinafter referred to as the authorized employee of the Department) exercises control over the expenses of the civil servant and his family members.

11. An authorized employee of the Department, no later than two working days from the date of receipt of the Order of the head of the Department to control expenses, notifies the civil servant of the Department in respect of whom control of expenses is carried out:

11.1. about the decision made;

11.2. about the need to provide the information specified in clause 8.1. this Procedure; The notification must contain information on the procedure for submitting and verifying the accuracy and completeness of this information.

12. A civil servant of the Department, in connection with monitoring his expenses, as well as the expenses of his family members, has the right to:

12.1. provide explanations in writing:

12.1.1. in connection with the request for information provided for in clause 8.1. this Procedure;

12.1.2. during verification of the accuracy and completeness of the information provided for in clauses 3 and 8.1. this Procedure;

12.1.3. about the sources of funds at the expense of which he and his family members made the transaction specified in clause 8.1.1. this Procedure;

12.2. provide additional materials and give explanations on them in writing;

12.3. apply to the head of the Department or an authorized person of the Department to conduct a conversation with him on issues related to monitoring his expenses, as well as the expenses of his family members.

13. The request provided for in paragraph 12.3 of this Procedure is subject to mandatory satisfaction.

14. A conversation is held with the civil servant of the Department who sent the petition within seven working days from the date of receipt of the petition (if there is a good reason - within the period agreed with the civil servant), during which clarifications should be given on issues of interest to him.

15. Verification of the accuracy and completeness of the information provided for in clauses 3 and 8.1. of this Procedure (hereinafter referred to as the Verification) is carried out by an authorized person of the Department independently.

15.1. Sending a request to the federal executive authorities authorized to carry out operational investigative activities, in the interests of the Department, if necessary, is carried out by the central office of Rosreestr at the request of the Department.

16. The inspection is carried out within a period not exceeding 60 days from the date of the decision to conduct it. The inspection period may be extended up to 90 days by the persons who made the decision to conduct it.

17. A civil servant of the Department, during the period of the Inspection, may be, in accordance with the established procedure, removed from the position he replaces for a period not exceeding 60 days from the date of the decision to carry out the Inspection; this period may be extended to 90 days by the head of the Department.

18. During the Inspection, an authorized person of the Department has the right to:

18.1. conduct, on his own initiative, a conversation with the civil servant in respect of whom the Inspection is being carried out;

18.2. study additional materials received from the civil servant in respect of whom the Inspection is being carried out;

18.3. receive from the civil servant in respect of whom the Inspection is being carried out an explanation of the information and materials provided by him;

18.4. send, in the prescribed manner, requests to the prosecutor's office of the Russian Federation, other federal state bodies, state bodies of constituent entities of the Russian Federation, territorial bodies of federal executive authorities, local government bodies, public associations and other organizations about the information they have on income, expenses, property and property obligations of a civil servant and his family members, as well as sources of receipt of expended funds;

18.5. make inquiries from individuals and obtain information from them with their consent.

a) last name, first name, patronymic of the head of the state body or organization to which the request is sent;

“On the application of the 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” and other regulatory legal acts in the field of anti-corruption "

I. About reporting expenses

In accordance with Part 1 of Article 3 of Federal Law No. 230-FZ of December 3, 2012 “On control over the compliance of expenses of persons holding public positions and other persons with their income” (hereinafter referred to as Federal Law No. 230-FZ), the person replacing (holding) one of the positions specified in paragraph 1 of part 1 of article 2 of Federal Law No. 230-FZ
(hereinafter referred to as employees (employees)) are required to provide information on their expenses, as well as on the expenses of their spouse and minor children for each transaction for the acquisition of a land plot, other real estate, vehicle, securities, shares (participation interests) , shares in the authorized (share) capitals of organizations) (hereinafter referred to as the transaction), if the amount of the transaction exceeds the total income of the person and his spouse for the last three years preceding the transaction, and about the sources of funds at the expense of which the transaction was made (hereinafter referred to as information about expenses).

1. Persons required to provide information on expenses.

Submission of information about expenses is the responsibility of employees (employees), who are required to provide information about their income, property and property-related obligations (hereinafter referred to as information about income), as well as about the income of their spouse and minor children.

2. Information on expenses is provided if:

the transaction was completed during the reporting period from January 1, 2012 to December 31, 2012 or in subsequent reporting periods (from January 1, 2013 to December 31, 2013, etc.). When transactions were made in 2011 or earlier, information about expenses is not provided;

the amount of one (each) transaction exceeds the total income of the employee (employee) and his spouse for the last three years preceding the transaction (hereinafter referred to as the total income).

3. The procedure for submitting information about expenses.

Information about expenses is provided:

by filling out the appropriate certificate (hereinafter referred to as the certificate of expenses), the form of which is approved by Decree of the President of the Russian Federation of April 2, 2013 No. 310 “On measures to implement certain provisions of the Federal Law “On control over the compliance of expenses of persons holding public positions and other persons to their income" (hereinafter referred to as Decree of the President of the Russian Federation No. 310);

simultaneously with information about income;

A copy of the agreement or other document on the acquisition of property rights is attached to the certificate of expenses.

In cases where the spouse of a person refuses to provide (provides false) information about the value of the property acquired by her (him), the following should be taken into account.

Currently, the legislation of the Russian Federation does not provide for the possibility of an employee (employee) who discovers that the certificate of expenses submitted by him to the personnel service of a federal government body does not reflect or does not fully reflect any information or there are errors, to submit updated information about expenses, and also does not contain the right to file a statement about the impossibility, for objective reasons, of providing information about the expenses of one’s spouse and minor children.

In this regard, the information provided on expenses that raises doubts about their reliability (including whether income corresponds to expenses) is the basis for an audit (subparagraph “a1” of paragraph 10 of the Regulations on verifying the accuracy and completeness of information provided by citizens applying for filling positions in the federal civil service, and by federal civil servants, and compliance by federal civil servants with the requirements for official conduct, approved by Decree of the President of the Russian Federation of September 21, 2009 No. 1065).

Taking into account the results of the analysis of information about the income of the spouse and minor children of the employee (employee), the presence of a statement from the employee (employee) about the impossibility, for objective reasons, of providing information about the income of his spouse and minor children, a decision may be made on the need to exercise control for expenses.

4. Deadline for submitting information about expenses:

when a transaction is completed in 2013 - until April 1 (President of the Russian Federation, Chairman of the Government of the Russian Federation, Deputy Chairman of the Government of the Russian Federation, federal ministers, persons holding public positions of the Russian Federation in the Administration of the President of the Russian Federation) or until April 30, 2014. (federal civil servants, employees of the Bank of Russia, employees of the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, state corporations (companies), other organizations created on the basis of federal laws, organizations created to carry out the tasks set before federal government agencies).

5. The period over which the income of a person and his spouse is taken into account to determine their total income.

When calculating the total income of an employee submitting information on expenses for 2012, and his spouse, the income received by them for the reporting periods (from January 1 to December 31, 2009, 2010, 2011) is summed up, regardless of whether , whether the employee (employee) filled (occupied) positions included in the lists approved by regulatory legal acts for the entire designated period or not, as well as regardless of the place of work (in the Russian Federation, abroad). At the same time, income for 2012 can also be a source of funds used to purchase property, which is indicated in the certificate of expenses (link 4 to the certificate of expenses).

6. The procedure for filling out a certificate of expenses.

When filling out the line “The sources of funds from which the property was acquired are” all sources of funds must be reflected, indicating the amounts received from each source. However, in this case, the legislation does not provide for the submission of documents confirming the sources of funds.

If the income (part of the income) of minor children was used to purchase the above property, this fact is indicated in the certificate of expenses as the source of funds from which the property was acquired (link 4 to the certificate of expenses).

II. On monitoring the compliance of expenses with income

1. Control over expenses is carried out if there are grounds and an appropriate decision is made (Article 4 of Federal Law No. 230-FZ).

If information on expenses for the reporting period was submitted on time and in the prescribed manner (previously), it is not required to submit them again during the period when expenses are being monitored (they are available in your personal file).

2. As part of control over expenses, a person may be required to:

information on income for the last three years preceding the acquisition of property, if the employee (employee) has not previously filled (occupied) a position included in the list approved by regulatory legal acts and has not provided such information;

information confirming the sources of funds used to complete the transaction.

3. The results obtained during the implementation of cost control are subject to consideration at a meeting of the relevant commission for compliance with requirements for official conduct and the resolution of conflicts of interest if such a decision is made by the person who made the decision to control costs.

4. According to Part 3 of Article 16 of Federal Law No. 230-FZ, if in the course of monitoring expenses, circumstances are revealed indicating a discrepancy between the expenses of a person, as well as the expenses of his spouse and minor children, with their total income, materials received as a result of control over expenses, within three days after its completion they are sent by the person who made the decision to control expenses to the prosecutor's office of the Russian Federation.

When sending materials obtained as a result of cost control to the prosecutor's office of the Russian Federation, it should be taken into account that the materials must comply with the requirements established by Article 71 of the Civil Procedure Code of the Russian Federation for written evidence.

At the same time, it is recommended to send materials (certificates of income, expenses, other additional materials received during the inspection) with a covering letter signed by the person who made the decision to exercise control over expenses, which indicates the basis for sending the materials (Part 3 of Article 16 of the Federal Law No. 230-FZ), list of attached documents.

III. On posting on the Internet information and telecommunications network information about income, expenses, property and property-related obligations

Information on income, expenses, property and property-related obligations of certain categories of persons and members of their families, posted on the Internet information and telecommunications network on official websites in accordance with the Procedure for posting information on income, expenses, property and property-related obligations of individual categories of persons and members of their families on the official websites of federal government bodies, government bodies of constituent entities of the Russian Federation and organizations and providing this information to the all-Russian media for publication, approved by Decree of the President of the Russian Federation of July 8, 2013 No. 613, including for previous years are not subject to deletion and must be in the public domain (posted on official websites) during the entire period of filling a position included in the relevant list by an employee (employee) in a given government body (organization), unless otherwise established by the legislation of the Russian Federation.

IV. On the application of Article 12 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”

1. A former state (municipal) employee who held a position included in the list established by regulatory legal acts of the Russian Federation does not have the obligation to seek the consent of the commission for compliance with requirements for official conduct and resolution of conflicts of interest (Part 1 of Article 12) in the following cases :

his entry into service (work) in a state (municipal) body under a service contract (employment contract), an agreement on the performance of work, the provision of services;

concluding a civil contract on the performance of work, provision of services worth less than 100 thousand rubles. per month.

2. The representative of the employer (employer) has the obligation, within ten days, to report the conclusion of an employment contract (service contract) with a former state (municipal) employee who filled a position included in the list established by the regulatory legal acts of the Russian Federation, to the representative of the employer (employer) of the state or a municipal employee at his last place of service does not arise if the former employee carries out his official (labor) activities in a state (municipal) body.

V. On the implementation by federal government bodies of paragraph 22 of Decree of the President of the Russian Federation of April 2, 2013 No. 309 “On measures to implement certain provisions of the Federal Law “On Combating Corruption”

1. The determination of organizations created to carry out the tasks assigned to federal government bodies is carried out by the federal government body independently, based on the subject and purpose of the organization’s activities, which may be assistance in the implementation of the functions assigned to the federal government body in the established field, ensuring the execution of tasks facing a federal government agency. It should also be taken into account whether the statutory (constituent) documents of organizations provide for their implementation of organizational and administrative or administrative and economic functions; storage and distribution of material and technical resources.

2. Formation of a list of positions in organizations provided for in subparagraph “a” of paragraph 22 of Decree of the President of the Russian Federation of April 2, 2013 No. 309 “On measures to implement certain provisions of the Federal Law “On Combating Corruption” (hereinafter referred to as Decree of the President of the Russian Federation No. 309 ), upon appointment to which citizens and upon replacement of which employees will be required to provide information on income, should be carried out taking into account section III of the list of positions in the federal public service, upon appointment to which citizens and upon replacement of which federal civil servants will be required to provide information on their income, on property and property-related obligations, as well as information on income, property and property-related obligations of their spouse and minor children, approved by Decree of the President of the Russian Federation of May 18, 2009 No. 557, and other functions of the organization, in the implementation of which corruption risks may arise. In this case, it is necessary to take into account the seriousness of the corruption offense that an employee (employee) holding the corresponding position may commit, without creating an unreasonable expansion of this list of positions.

3. Submission of information on income, property and property-related obligations by employees of organizations and their verification.

In accordance with paragraphs 3 and 4 of part 1 of Article 8 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” (hereinafter referred to as Federal Law No. 273-FZ), citizens applying to fill certain positions included in the lists established by federal government bodies, on the basis of an employment contract in organizations created to carry out tasks assigned to federal government bodies, and persons filling these positions (hereinafter referred to as employees of subordinate organizations), information about their income, property and property-related obligations, and Also, their spouse and minor children (hereinafter referred to as income information) are required to submit information about income, property and property-related obligations to the representative of the employer (employer).

In accordance with subparagraph “e” of paragraph 1 of Decree of the President of the Russian Federation No. 309, employees of subordinate organizations provide information on income to the divisions of federal government bodies for the prevention of corruption and other offenses (officials responsible for the prevention of corruption and other offenses).

The head of the federal government body for employees of subordinate organizations (with the exception of the head of such an organization) is not an employer, and therefore he does not have the authority to apply disciplinary sanctions to these persons established by Article 192 of the Labor Code of the Russian Federation, including dismissal due to loss trust in the employee on the part of the employer (if the employee fails to take measures to prevent or resolve a conflict of interest to which he is a party, fails to provide or provides incomplete or unreliable information about his income, expenses, property and property obligations, or fails to provide or provides knowingly incomplete or false information about income, expenses, property and property obligations of their spouse and minor children).

In addition, the personnel service of the federal government body does not have any information about the employee of the subordinate organization (marital status, presence of children, including minors, place of residence, property status, etc.), which does not allow assessing the accuracy and completeness of all information represented by employees of subordinate organizations.

In this regard, a rational approach is in which information on income is submitted by persons for whom the employer is the head of a federal state body (his representative) to the federal government body, by persons for whom the employer is the head of a subordinate organization - to the subordinate organization. The subordinate organization receives and analyzes this information, after which it transmits it to the federal government agency. At the same time, the authority to send all requests (concerning the implementation of operational investigative activities or their results, to the prosecutor's office of the Russian Federation, federal state bodies, credit organizations, tax authorities of the Russian Federation and bodies carrying out state registration of rights to real estate and transactions with it , state bodies of the constituent entities of the Russian Federation, territorial bodies of federal government bodies, local government bodies, enterprises, institutions, organizations and public associations) are implemented by the federal government body, including on the proposal of the head of the subordinate organization.

A similar approach should be used when monitoring the expenses of persons filling positions included in the relevant lists of positions in subordinate organizations.

VI. Other questions

1. Criteria for valid reasons for failure to provide information about the income of a spouse or minor child.

The legislation of the Russian Federation does not establish a list of valid and objective reasons. In this regard, when making a decision of the commission on compliance with the requirements for official conduct and the resolution of conflicts of interest, one should proceed from an assessment of the entire set of available information contained in the application of the civil servant (employee), including the explanations of the civil servant (employee) regarding the measures taken them in order to obtain the necessary information and other materials indicating the impossibility of providing the specified information (for example, spouses in a legally registered marriage do not actually live with each other and (or) there are personal hostile relations between them, the spouse is recognized as missing, is wanted, etc.).

2. Submission of information about income in case of removal from office.

Article 20 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (hereinafter referred to as Federal Law No. 79-FZ) establishes that a citizen applying for a position in the state civil service included in the list established regulatory legal acts of the Russian Federation, as well as a state civil servant holding a state civil service position included in the list established by regulatory legal acts of the Russian Federation, annually, no later than April 30 of the year following the reporting year, submits information about his income and property to the employer’s representative and property obligations, as well as income, property and property obligations of members of their family.

Article 32 of Federal Law No. 79-FZ provides for removal from the position being filled (for various types of reasons). However, this does not entail exemption from the employee’s obligation to provide information on income.

3. Application of penalties for corruption offenses.

Article 59.3 of Federal Law No. 79-FZ establishes a special procedure for applying penalties for corruption offenses, different from the general procedure for applying disciplinary sanctions for committing a disciplinary offense (for failure or improper performance by an employee through his fault of official duties assigned to him), established by Part 1 of Article 58 Federal Law No. 79-FZ.

For non-compliance by an employee with restrictions and prohibitions, requirements to prevent or resolve conflicts of interest and failure to fulfill the duties established for the purpose of combating corruption by Federal Law No. 79-FZ, Federal Law No. 273-FZ and other federal laws, penalties are imposed (remark, reprimand, warning about incomplete official compliance). These penalties are imposed on the employee in accordance with the procedure established in Article 59.3 of Federal Law No. 79-FZ, and are applied by a representative of the employer on the basis of a report on the results of an audit conducted by the personnel service unit of the relevant government body for the prevention of corruption and other offenses, and in the case, if the report on the results of the audit was sent to the commission for compliance with requirements for official conduct and resolution of conflicts of interest (hereinafter referred to as the commission), - and on the basis of the recommendation of the said commission.

In accordance with paragraph 28 of the Regulations on verifying the accuracy and completeness of information provided by citizens applying for positions in the federal civil service, and by federal civil servants, and compliance by federal civil servants with requirements for official conduct, approved by Decree of the President of the Russian Federation of September 21, 2009. No. 1065 (hereinafter referred to as the Regulations on Inspection), the official authorized to appoint a citizen to a position in the federal public service or who has appointed an employee to a position in the federal public service is presented with a report in the prescribed manner, which may contain conclusions about the application of legal liability measures to the employee or about the absence grounds for applying legal liability measures to the employee.

As follows from paragraph 31 of the Regulations on the Inspection, the specified official, having considered the report and the corresponding proposal, has the right to make one of the following decisions:

1) apply legal liability measures to the employee. If the official makes this decision in accordance with Part 1 of Article 59.3 of Federal Law No. 79-FZ, the representative of the employer issues an order to apply to the employee the penalty provided for in Articles 59.1 and 59.2 of Federal Law No. 79-FZ;

2) submit the inspection materials to the commission. If an official makes this decision in accordance with subparagraph “a” of paragraph 16 of the Regulations on commissions for compliance with requirements for official conduct of federal civil servants and the resolution of conflicts of interest, approved by Decree of the President of the Russian Federation of July 1, 2010 No. 821 (hereinafter referred to as the Regulation about the commission), the head of the state body must send a presentation to the commission, as well as inspection materials indicating:

on the submission by an employee of unreliable or incomplete information provided for in subparagraph “a” of paragraph 1 of the Regulations on Inspection;

about non-compliance by an employee with requirements for official conduct and (or) requirements for resolving conflicts of interest.

Clause 22 of the Commission Regulations stipulates that based on the results of consideration of the above issue, the commission makes one of the following decisions:

a) establish that the information provided by the employee in accordance with subparagraph “a” of paragraph 1 of the Inspection Regulations is reliable and complete;

b) establish that the information provided by the employee in accordance with subparagraph “a” of paragraph 1 of the Inspection Regulations is unreliable and (or) incomplete. In this case, the commission recommends that the head of the government body apply a specific measure of responsibility to the employee.

In all of the above cases, the decision to apply legal liability measures to the employee is formalized by order of the head of the state body.

In addition, Article 59.3 of Federal Law No. 79-FZ does not provide for the right of an employer’s representative to remove a penalty from an employee for a corruption offense on his own initiative, at the written request of the employee or at the request of his immediate supervisor. At the same time, Part 7 of Article 59.3 of Federal Law No. 79-FZ establishes the right of an employee to appeal the imposed penalty in writing to the commission of a state body for official disputes or to court.

Taking into account the above, as well as the Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2007, approved by the resolution of the Presidium of the Supreme Court of the Russian Federation dated February 27, 2008 (issue 14), the employee cannot be held administratively liable under Article 19.7 Code of the Russian Federation on Administrative Offences. In addition, the Code of Administrative Offenses does not provide for the liability of employees for failure to comply with restrictions related to the performance of state civil service.

· Inform the employer’s representative about this and subsequently act according to his instructions

· Transfer the watch according to the act to the state body in which he holds the position of the federal state civil service

· Transfer to the cash desk of the government agency in which he holds the position of the federal state civil service, funds in the amount of 3,500 rubles. when submitting an advance report for a business trip

· Keep the watch for yourself and dispose of it as you wish, since this gift has little value

557. Penalties for non-compliance with restrictions, prohibitions and obligations established for the purpose of combating corruption include:

· rebuke

· severe reprimand

· reduction in bonuses for completing particularly important and complex tasks

· demotion

558. A federal civil servant submits information on income, property and property-related obligations:

· to the immediate supervisor

· to the personnel service of a federal government agency

· to the commission for compliance with requirements for official conduct and resolution of conflicts of interest

· to the tax authorities

559. A state civil servant provides information on income, expenses, property and property obligations:

· annually

upon termination of service

· at the request of the employer's representative

every 3 years

560. A civil servant provides information about his expenses and the expenses of his family members if:

· the transaction amount exceeds the total income of the employee, his spouse and minor children for the year preceding the transaction

· the transaction amount exceeds the total income of the civil servant and his spouse for the three years preceding the transaction

· transaction amount exceeds one million rubles

· transaction amount exceeds one billion rubles

561. A state civil servant is obliged to provide information on income, expenses, property and property obligations in relation to the following members of his family:

· Parents, spouse, children (including adopted ones)

· Spouse and minor children

· Parents, brothers and sisters, spouse, children, other close persons

· Spouse and children

562. Failure by a civil servant to provide the employer’s representative with information on income, expenses, property and property-related obligations entails:

· Release of a civil servant from a civil service position to be filled

· Release of a civil servant from a civil service position to be filled, dismissal of a civil servant from civil service

· Bringing to criminal liability in accordance with the legislation of the Russian Federation

· Bringing to administrative liability in accordance with the legislation of the Russian Federation

563. If a discrepancy between the expenses of a civil servant and members of his family and their income is revealed:

· Prosecutor's office files a claim in court to impose criminal liability measures against a civil servant

· Prosecutor's offices apply to the court with a claim for the seizure of property, the legality of the acquisition of which the civil servant cannot justify, into the state's income

· the civil servant immediately resigns from public service

· a civil servant receives a severe reprimand

564. When filling out a certificate of income, property and property-related obligations, among other things, a federal civil servant is required to provide information on the following types of income:

· pensions, benefits, income received from the sale, rental of real estate, income from the creation of a literary work, state certificate for maternity (family) capital

· reimbursed amounts of expenses related to business trips

· the amount of social and property tax deduction

social insurance amount

565. When filling out a certificate of income, property and property-related obligations, among other things, a federal civil servant is required to provide information about the following types of vehicles:

· on vehicles provided to federal civil servants in connection with the performance of official duties

· about vehicles used by a federal civil servant (if there are documents confirming the right to use)

· about vehicles deregistered

· about vehicles for which a federal civil servant received an advance payment during the reporting period, but the ownership of the federal civil servant was not registered

· about vehicles, unfit for use

· about vehicles, stolen

If a federal civil servant discovers that the information provided by him on income, property and property-related liabilities does not reflect or does not fully reflect any information or there are errors, he may provide updated information within (?) month(s) ) after the deadline for submitting information in the current reporting year.

567. On the Internet, information on income, expenses, property and property-related obligations submitted by state civil servants:

· are not posted because they are confidential information

· placed in relation to state civil servants holding positions included in the special list

· posted in relation to state civil servants who have given their written consent to the publication of information

· placed in relation to all state civil servants presenting the specified information

Within what period should information on the declared annual income of a federal civil servant and members of his family be posted on the official website of a government agency?

· Within 14 working days from the date of expiration of the deadline established for submitting certificates of income, property and property-related obligations

· Within 10 working days from the date of expiration of the period established for submitting certificates of income, property and property-related obligations

· Within 7 working days from the date of expiration of the period established for submitting certificates of income, property and property-related obligations

· Within 30 working days from the date of expiration of the period established for submitting certificates of income, property and property-related obligations

569. A civil servant is prohibited from:

· join political parties

· use the advantages of official position for election campaigning

· participate in the activities of the governing body of a political party

· be a member of a trade union

570. When performing state civil service, a civil servant is NOT prohibited from:

· Carry out business activities

· Fill a position in the state civil service if elected to a paid elective position in the elected body of a primary trade union organization created in a state body

· Terminate performance of official duties in order to resolve an official dispute

· Accept scientific titles from international organizations without written permission from the employer’s representative

571. If a civil servant’s ownership of securities leads or may lead to a conflict of interest, the civil servant is obliged to:

· transfer his securities into trust management

· apply to the commission for resolving conflicts of interest and follow the recommendations of the commission

· sell his securities

· take no action

572. Indicate which of the following conventions has not been ratified by the Russian Federation:

· United Nations Convention against Corruption

· Council of Europe Criminal Law Convention on Corruption

· Council of Europe Convention on Civil Liability for Corruption

· OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

573. The issues of creating an anti-corruption system in Russia are assigned to:

· to the General Prosecutor's Office of the Russian Federation

· to the Ministry of Justice of the Russian Federation

· to the Council under the President of the Russian Federation on Anti-Corruption

· to the Prosecutor's Office of the Russian Federation

574. For a civil servant who has reported facts of corruption that have become known to him, disciplinary measures are taken within one year after the report:

· applied only in agreement with the trade union body

· applied only in agreement with the public council under the federal government body

· are applied only based on the results of consideration of the relevant issue at a meeting of the commission for resolving conflicts of interest

· applied only in agreement with the commission on official disputes

575. Explanation to federal government bodies of the application of legislation establishing anti-corruption requirements, restrictions and prohibitions in the civil service is within the competence of:

· Apparatus of the Government of the Russian Federation

· Office of the President of the Russian Federation on Anti-Corruption Issues

· Ministry of Labor and Social Protection of the Russian Federation

Federal Service for Labor and Employment

576. Anti-corruption requirements, prohibitions, restrictions and obligations established for state civil servants contain:

· in the Criminal Code of the Russian Federation

· in the Federal Law “On Combating Corruption”

· in the Federal Law “On the State Civil Service of the Russian Federation”

· in the Federal Code of Official Conduct of State Civil Servants

577. Anti-corruption examination of regulatory legal acts and their drafts is carried out for the purposes of:

· identifying corruption factors for their subsequent elimination

· identifying contradictions and legal conflicts in relation to other current regulatory legal acts

· ensuring the participation of independent experts in assessing the quality of adopted regulatory legal acts

578. In accordance with the law, criminal liability is provided for:

· for giving a bribe

· for illegal remuneration on behalf of a legal entity

· for mediation in bribery

· for failure to take measures to resolve conflicts of interest in the public service

579. According to the law, if a corruption offense is committed on behalf of or in the interests of a legal entity, the following may be applied to the legal entity:

· Civil liability measures

· Administrative measures

· Liability measures

· Criminal penalties

In accordance with the order of the Office of the Ministry of Justice of the Russian Federation for the Bryansk Region dated 06/04/2013 No. 212-r “On conducting direct telephone lines” on 06/28/2013 from 10-00 to 13-00 by the head of the department for ensuring the activities of the department Fedoruk S.N. a direct telephone line was held on the topic: “Control over the expenses of state civil servants.”

During the direct telephone line, consultations were given to citizens on the following issues:

1. Question: Whose expenses are subject to control?

Answer: On December 3, 2012, Federal Law No. 230-F3 “On control over the compliance of expenses of persons holding public positions and other persons with their income” was adopted (hereinafter referred to as the Law on Expenditure Control), which entered into force on January 1, 2013. This law applies to a wide range of people. In addition to state and municipal employees, these include persons holding government positions in the Russian Federation, positions in the Bank of Russia, state corporations, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, etc. Civil servants will report on their expenses only in cases where the position they fill is included in one of the lists adopted at various levels. The law covers those officials who, in accordance with current legislation, annually submit information about their income and their family members - spouses and minor children.

2. What expenses are subject to control?

Answer: We are talking about controlling large expenses for the acquisition of land, vehicles, real estate, and securities.

Civil servants are required to provide information about their expenses and sources of funds spent only in the case when the amount of the transaction for the acquisition of a land plot, other real estate, vehicle, securities exceeds the total income of this person and his spouse for the last three years preceding the transaction.

3 . What can serve as the basis for a decision to exercise control over the expenses of a civil servant?

Answer: The basis for making a decision to exercise control over the expenses of a person holding a civil service position specified in the Expense Control Law is sufficient information about the completion of the relevant transaction.

This information can be presented in writing by law enforcement agencies, permanent governing bodies of political parties, the Civic Chamber of the Russian Federation or the all-Russian media. Publication in the press may well serve as the basis for conducting an appropriate audit.

4. What consequences may arise from the identified discrepancies between the expenses of civil servants and members of their families and their income?

Answer: Identification of a discrepancy between the expenses of a controlled person and his income and the income of his family members entails quite serious consequences.

So, part 3 of Art. 16 of the Law on Expense Control provides that if, during the course of expense control, circumstances are revealed indicating a discrepancy between the expenses of a given person, as well as the expenses of his spouse and minor children, with their total income, materials obtained as a result of expense control , within three days after its completion, are sent by the person who made the decision to exercise control over expenses to the prosecutor's office of the Russian Federation.

The prosecutor's office, in accordance with the established procedure, applies to the court with an application for the transfer of property, in respect of which, in accordance with anti-corruption legislation, evidence of its acquisition with legal income has not been presented, to the income of the Russian Federation.

5. What is the liability of a government employee for failure to report expenses to a government employee?

Answer: In connection with the adoption of the Federal Law “On control over the compliance of expenses of persons holding public positions and other persons with their income,” changes and additions were made to the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation.” In particular, Art. 59.2 of the Law “On the State Civil Service of the Russian Federation” now provides for the dismissal of a civil servant due to loss of confidence if he fails to provide information not only about his income, property and property-related obligations, but also about expenses.

The Institute for Control over the Expenditures of Officials was put into effect on January 1, 2013 by Federal Law No. 230-FZ of December 3, 2012 “On control over the compliance of the expenses of persons holding government positions and other persons with their income.”

If an official or members of his family (spouse, minor children) during the reporting year spend on transactions for the acquisition of real estate, vehicles, securities an amount exceeding the total income of this person, his spouse for the last three year, then a decision is made regarding it to control expenses.

The law establishes a procedure for monitoring the expenses of officials, their spouses and minor children, as well as a mechanism for turning into state income property for which no information has been provided confirming its acquisition with legal income.

PERSONS WHOSE EXPENSES ARE SUBJECT TO CONTROL:

Occupiers (substituting):

Government positions of the Russian Federation, in respect of which federal constitutional laws or federal laws do not establish a different procedure for exercising control over expenses;

Positions of members of the Board of Directors of the Central Bank of the Russian Federation;

Government positions of the constituent entities of the Russian Federation;

Municipal positions;

Federal civil service positions included in the lists established by regulatory legal acts of the President of the Russian Federation;

Positions of the state civil service of the constituent entities of the Russian Federation included in the lists established by laws and other regulatory legal acts of the constituent entities of the Russian Federation;

Municipal service positions included in the lists established by laws, other regulatory legal acts of constituent entities of the Russian Federation and municipal regulatory legal acts;

Positions in the Bank of Russia, the list of which is approved by the Board of Directors of the Bank of Russia;

Positions in state corporations included in the lists established by regulatory legal acts of the Russian Federation;

Positions in the Pension Fund of the Russian Federation, Social Insurance Fund, Federal Compulsory Medical Insurance Fund, included in the lists established by regulatory legal acts of the Russian Federation;

Positions in other organizations created by the Russian Federation on the basis of federal laws, included in the lists established by regulatory legal acts of the Russian Federation;

Certain positions on the basis of an employment contract in organizations created to perform tasks assigned to federal government bodies, included in the lists established by regulatory legal acts of federal government bodies.

THESE PERSONS PROVIDE INFORMATION ABOUT EXPENSES AND SOURCES OF FUNDS ANNUALLY IN REGARD TO EACH PURCHASE TRANSACTION:

in cases:

The transaction was completed within a calendar year;

The total amount of such transactions exceeds the total income of the spouses for the last three years preceding the execution of the controlled transaction.

IMPORTANT! The obligation to provide information on expenses for controlled transactions arises in relation to transactions completed from January 1, 2012.

THE BASIS for making a decision to control expenses is sufficient information that the person, his spouse or minor children have completed a transaction to acquire property in an amount exceeding the income for the last three years.

THIS INFORMATION MAY BE SUBMITTED IN WRITTEN FORM TO:

Law enforcement agencies, other government agencies, local governments, employees of departments for the prevention of corruption offenses, officials of the Bank of Russia, state corporations, the Pension Fund of the Russian Federation, the Social Insurance Fund, the Compulsory Medical Insurance Fund;

Governing bodies of political parties and all-Russian public associations;

Public Chamber of the Russian Federation;

All-Russian media

THE COST CONTROL PROCEDURE INCLUDES:

IMPORTANT! Anonymous information cannot serve as a basis for making a decision to monitor the expenses of officials, their spouses and minor children.

THE DECISION TO CONTROL COSTS IS MADE:

An official appointed by the President of the Russian Federation;

The head of a federal government agency or an official authorized by him;

The highest official of a constituent entity of the Russian Federation;

The Chairman of the Bank of Russia or an official authorized by him;

Head of the state corporation, Pension Fund, Social Insurance Fund, Compulsory Medical Insurance Fund.

A person, in connection with monitoring his expenses, as well as the expenses of his spouse and minor children, has the right to:

THE PERSON WHO MADE THE DECISION TO CONTROL COSTS, BASED ON THE RESULTS OF THE CONTROL:

Informs the head of the state body in accordance with the established procedure about the results of the control carried out;

Makes, if necessary, proposals to apply legal liability measures to a person and (or) to send materials to the prosecutor’s office and (or) other government bodies;

Makes a proposal to the commission on compliance with requirements for official conduct and resolution of conflicts of interest to consider the results of the control carried out.

RESPONSIBILITY for failure to provide information about expenses and sources of funds at the expense of which the transaction was completed:

The Prosecutor General issued order No. 179 dated April 14, 2015 “On the implementation by prosecutors of the powers provided for by the Federal Law dated December 3, 2012 No. 230-FZ “On control over the compliance of the expenses of persons holding public positions and other persons with their income”, and on the organization of the prosecutor’s office supervision over the implementation of this Federal Law."
In accordance with Art. 17 of the 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” The Prosecutor General of the Russian Federation or prosecutors subordinate to him upon receipt of materials based on the results of control over expenses (indicating non-compliance expenses of an official, his spouse, minor children and their total income) apply to the court with an application to turn into the income of the Russian Federation property for which no information has been provided confirming its acquisition with legal income.

The prosecutor's office of the Russian Federation has taken measures to improve the efficiency of work and the implementation of prosecutorial powers to control the expenses of officials and convert property into the income of the Russian Federation for which evidence of its acquisition with legal income has not been provided.

Since the granting of the relevant powers by Federal Law No. 230-FZ dated December 3, 2012 “On control over the compliance of expenses of persons holding public positions and other persons with their income,” prosecutors have carried out more than 14 thousand inspections in the field of implementation of legislation on control over the compliance of expenses, About 12 thousand violations of the law were identified, about 5 thousand protests were brought, based on the results of which more than 4 thousand illegal regulatory legal acts were changed, about 3 thousand submissions were made, more than 2 thousand officials were brought to disciplinary liability.

In total, during the period 2014-2016, more than 40 claims were brought to the courts for the conversion of property (vehicles, land plots, residential and non-residential premises) into the income of the Russian Federation, in respect of which officials did not provide information confirming their acquisition with legal income. The total cost of such property amounted to 2.4 billion rubles.

During this period, the courts satisfied 20 claims for the total value of property in an amount exceeding 2 billion rubles.

EXAMPLES OF PROSECUTORAL AND JUDICIAL PRACTICE:

The prosecutor's office of the Saratov region carried out an inspection of materials received from the regional governor on the results of control over the expenses of an official working in the finance committee of the administration of the Balakovo municipal district, as well as the expenses of her husband. It was established that the husband of an administration employee purchased a Lexus RX 350 car worth 2.6 million rubles in 2014, but the official provided false information about the sources of funds from which this purchase was made. The Balakovo District Court of the Saratov Region fully satisfied the prosecutor's application to turn the car into state income. The appellate court upheld this decision. The resolution to complete the enforcement proceedings was issued on June 30, 2016, the vehicle was transferred by the bailiff to the Territorial Administration of the Federal Property Management Agency in the Saratov Region.

In the Krasnodar Territory, a court decision was made on the prosecutor’s application to turn into state income a plot of land and a residential building acquired by a bailiff and her husband with unconfirmed income. During the trial, it was established that the residential building was destroyed by the defendants, and therefore the claims were changed to convert the value of the residential building into state income. The court decision was executed in full, the cash equivalent of the cost of the house in the amount of 3.2 million rubles was transferred to the state income. The right to the land plot is registered in the Russian Federation.

The Zavodsky District Court of the city of Orel satisfied the claim of the prosecutor of the Oryol region regarding the conversion into the income of the Russian Federation of the property of a deputy of the Oryol Regional Council of People's Deputies, acquired with unconfirmed income. It was established that in 2013 the deputy, with an official income of 5.4 million rubles. bought utility premises in the city of Orel for the amount of 28 million rubles. The court decision entered into legal force; on September 22, 2016, the property rights of the Russian Federation were registered.

Document overview

The methodology of the Prosecutor General's Office of the Russian Federation is presented, dedicated to monitoring the compliance of the expenses of state and municipal employees with their income. It is presented in the form of a reminder.

If during the reporting year an official or members of his family spend on transactions for the acquisition of real estate, vehicles, securities an amount exceeding the total income of this person or his spouse for the last 3 years, then a decision is made to control expenses.

A list of persons whose expenses are subject to control is provided.

The obligation to provide information on expenses for controlled transactions arises in relation to transactions completed from January 1, 2012.

The basis for making a decision to control expenses is sufficient information that a transaction has been completed in an amount exceeding the income for the last 3 years. The basis cannot be anonymous information.

It is explained how the decision is made, what liability is faced in the event of failure to provide information about expenses and sources of funds at the expense of which the transaction was made.

Prosecutors conducted more than 14 thousand inspections in the field of implementation of legislation on monitoring the compliance of expenses, identified about 12 thousand violations of the law, brought about 5 thousand protests, based on the results of which more than 4 thousand illegal normative legal acts were changed, about 3 thousand were introduced . representations, more than 2 thousand officials were brought to disciplinary liability.

Total for the period 2014-2016. More than 40 claims have been filed in the courts regarding the conversion of property into the income of the Russian Federation, in respect of which officials have not provided information confirming their acquisition with legal income. The total cost of such property amounted to 2.4 billion rubles.

During this period, the courts satisfied 20 claims for the total value of property in an amount exceeding 2 billion rubles.