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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 N 273-FZ (as amended on October 30, 2018) On Anti-Corruption

State Duma

Federation Council

3. Information about a person to whom a penalty in the form of dismissal (dismissal from office) was applied due to loss of confidence for committing a corruption offense is excluded from the register in the following cases:

1) cancellation of the act that served as the basis for inclusion in the register of information about a person dismissed due to loss of confidence for committing a corruption offense;

2) the entry into force, in accordance with the established procedure, of a court decision to cancel the act that served as the basis for including in the register information about a person dismissed due to loss of confidence for committing a corruption offense;

3) the expiration of five years from the date of adoption of the act that served as the basis for inclusion in the register of information about a person dismissed due to loss of confidence for committing a corruption offense;

4) the death of a person to whom a penalty was applied in the form of dismissal (removal from office) due to loss of confidence for committing a corruption offense.

4. Inclusion in the register of information about a person to whom a penalty in the form of dismissal (dismissal from office) was applied due to loss of confidence for committing a corruption offense, exclusion from the register of information about a person to whom a penalty was applied in the form of dismissal (release from positions) due to loss of confidence for committing a corruption offense, the placement of the register on the official website of the federal state information system in the field of public service on the Internet information and telecommunications network is carried out in the manner determined by the Government of the Russian Federation.

The president

Russian Federation

D.MEDVEDEV

Moscow Kremlin

Federal Law of December 25, 2008 N 273-FZ (as amended on October 30, 2018) “On Combating Corruption”

Decision of November 29, 2018 in case No. 2A-5330/2018

Oktyabrsky District Court (City of St. Petersburg) - Civil and administrative

Decision of November 29, 2018 in case No. 2-292/2018

Ononsky District Court (Trans-Baikal Territory) - Civil and administrative

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

The law is simple: Before the adoption of regulatory legal acts, the provisions of Part 4 of Art. 12 do not apply - Letter of the Ministry of Health and Social Development of the Russian Federation dated April 24, 2009 N 3854-17

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.

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
D.MEDVEDEV

Moscow Kremlin

FEDERAL LAW OF THE RF

dated December 25, 2008 No. 273-FZ

"ON ANTI-CORRUPTION"

Article 1. Basic concepts used in this Federal Law

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

1) corruption:

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

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

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) 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.

Article 5. Organizational framework for combating 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.

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.

Article 6. Measures to prevent corruption