Legislation
LEGISLATION OF THE RUSSIAN FEDERATION
Russian anti-corruption legislation began to form around the early 2000s. The core normative legal act in the sphere of fighting against corruption is the Federal Law No. 273-FZ as of December 25, 2008 “On Combating Corruption”. This Federal Law is one of the achievements of the administrative reform carried out in the Russian Federation since 2003 in order to increase efficiency of the system of state bodies and create favorable conditions for business entities to exercise their rights and interests.
It should be highlighted that it is the current Federal Law that regulates directly and in a rather detailed way three separate duties subject to strict execution by state (municipal) employees, and in some cases by other persons.
At first, the Federal Law regulates in detail the prohibition for certain categories of persons to open and have accounts (deposits), to store cash and valuables in foreign banks located outside the territory of the Russian Federation (this measure was regulated in more detail by the Federal Law No. 79-FZ as of May 7, 2013 “On the prohibition of certain categories of persons to open and have accounts (deposits), to store cash and valuables in foreign banks located outside the territory of the Russian Federation and to own and (or) use foreign financial instruments”). It has been stipulated that failure to comply with this prohibition causes early dismissal based on the loss of trust.
Secondly, the Federal Law regulates for persons the procedure to provide employers with information about their income (expenses), property and property obligations, as well as income (expenses), property and property obligations of their spouse and minor children.
Thirdly, the Federal Law sets the obligation of state and municipal officials to notify about the appeal cases of inducing them to commit a corruption offense. Thus, it is stipulated that an officer is obliged to notify the employer, prosecution authorities or other state bodies of all cases when any person contacted him/her with inducing to commit corruption offenses. It was determined that non-fulfillment of this duty by an officer is an offense resulting in his/her dismissal from service or bringing him/her to other types of responsibility.
Besides, the Federal Law addresses conflicts of interest between certain persons. In particular, a conflict of interest refers to a situation in which the personal interest (direct or indirect) of a person who acts in a position, that requires an obligation to take measures to prevent and resolve a conflict of interest, affects or may affect objective and fair performance of his/her official duties (exercise of authority). In its turn, personal interest (simplified wording) is a possibility of obtaining material benefits for a person and (or) persons closely related to him/her (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children), for citizens or organizations which are linked toa person and (or) persons who are in close relationship or connection with him/her by property, corporate or other close relations.
It is also extremely important that the Federal Law No. 172-FZ “On anti-corruption expertise of normative legal acts and drafts of normative legal acts” was adopted as early as on July 17, 2009. The given Federal Law has established legal, organizational and partially methodological base of anti-corruption expertise.
In order to determine the procedure for conducting anti-corruption expertise, the Government of the Russian Federation adopted Decree No. 96 as of February 26, 2010 “On anti-corruption expertise of normative legal acts and drafts of normative legal acts” based on the Federal Law.
Legislation:
Federal Law No. 172-FZ of July 17, 2009 “On anti-corruption expertise of normative legal acts and drafts of normative legal acts”(in Russia)
Federal Law No. 79-FZ of May 7, 2013 “On the prohibition of certain categories of persons to open and have accounts (deposits), to store cash and valuables in foreign banks located outside the territory of the Russian Federation and to own and (or) use foreign financial instruments” (in Russia)