RUSSIAN FEDERATION

THE FEDERAL LAW

ON ANTI-CORRUPTION

State Duma

Federation Council

List of changing documents

(as amended by Federal Laws of 11.07.2011 N 200-FZ,

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

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, other property rights for themselves or for third parties or illegal provision of such benefits to the specified person by other individuals;

b) the commission of the acts specified in subparagraph "a" of this paragraph, on behalf of or in the interests of a legal entity;

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

a) to prevent corruption, including the identification and subsequent elimination of 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.

3) regulatory legal acts of the Russian Federation:

a) federal regulatory legal acts (federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal executive authorities and other federal bodies);

b) laws and other normative legal acts of state authorities of the constituent entities of the Russian Federation;

c) municipal legal acts;

Article 5 Organizational Foundations anti-corruption

1. President of the Russian Federation:

1) defines the main directions public policy in the field of combating corruption;

2) establishes the competence of the federal executive authorities, the management of which he exercises, in the field of combating corruption.

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

3. The Government of the Russian Federation distributes the functions between the federal executive authorities, the management of which it exercises, in combating corruption.

4. Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and bodies of local self-government carry out counteraction to corruption within the limits of their powers.

4.1. Law enforcement agencies, other state bodies, local self-government bodies and their officials are obliged to inform the personnel departments of the relevant federal state authorities, state authorities of the constituent entities of the Russian Federation and local self-government bodies for the prevention of corruption and other offenses (officials of the personnel services of these bodies responsible for work on the prevention of corruption and other offenses) about those who became them known facts non-compliance by a state or municipal employee with restrictions and prohibitions, requirements for the prevention or settlement of conflicts of interest or failure to fulfill obligations established in order to combat corruption.

(Part 4.1 was introduced by Federal Law No. 329-FZ of November 21, 2011)

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

6. The Prosecutor General of the Russian Federation and prosecutors subordinate to him, within their powers, coordinate the activities of the internal affairs bodies of the Russian Federation, bodies federal service security, customs authorities of the Russian Federation and other anti-corruption law enforcement agencies 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 authority, ensures the fight against corruption in accordance with Federal Law No. 4-FZ of January 11, 1995 "On Accounts Chamber Russian Federation".

Article 6. Corruption Prevention Measures

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

1) formation in society of intolerance to corrupt behavior;

5) the introduction into the practice of personnel work of federal state authorities, state authorities of the constituent entities of the Russian Federation, local government bodies of the rule, according to which the long-term, flawless and effective performance by state or municipal employees of their duties must be taken into account when appointing him to a higher position, awarding him 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

The main activities of state bodies to improve the effectiveness of combating corruption are:

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

2) creation of a mechanism for the interaction of law enforcement and other state bodies with public and parliamentary commissions on combating corruption, as well as with citizens and civil society institutions;

3) the adoption of legislative, administrative and other measures aimed at attracting state and municipal employees, as well as citizens, to more actively participate in combating corruption, to form in society negative attitude to corrupt behavior;

4) improvement of the system and structure of state bodies, creation of mechanisms for public control over their activities;

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

6) unification of the rights of state and municipal employees, persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, positions of heads of municipalities, municipal positions, as well as restrictions, prohibitions and obligations established for these employees and persons;

3) to other persons in cases stipulated by federal laws.

2. The prohibition established by this article to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to the persons specified in clause 1 of part 1 of this article who replace (hold) public positions of the Russian Federation, positions of federal state service in official representative offices of the Russian Federation located outside the territory of the Russian Federation, official representative offices of federal executive bodies, positions in representative offices of state corporations (companies), public law companies and organizations created to ensure the activities of federal state bodies, as well as for spouse (s) ) and minor children of these persons.

(as amended by Federal Laws No. 431-FZ of December 22, 2014, No. 236-FZ of July 3, 2016)

3. Failure to comply with the prohibition established by this article shall entail early termination of powers, dismissal from the position being replaced (occupied) or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person concerned.

Article 8. Submission of information on income, property and property obligations

7. Verification of the accuracy and completeness of information on income, property and liabilities of a property nature, submitted in accordance with parts 1 and 1.1 of this article, with the exception of information submitted by citizens applying for positions of heads of state (municipal) institutions, and persons replacing these positions, is carried out by decision of the representative of the employer (manager) or a person to whom such powers are granted by the representative of the employer (manager), in the manner established by the President of the Russian Federation, independently or by sending a request to the federal executive authorities authorized to carry out operational-search activities , on the data they have on income, on property and obligations of a property nature of citizens or persons specified in parts 1 and 1.1 of this article, spouses (spouses) and minor children of these citizens or persons.

9. Failure by a citizen or a person specified in part 1 of this article to fulfill the obligation provided for in part 1 of this article is an offense entailing his release from his position, his dismissal from a state or municipal service, from work in the Central Bank of the Russian Federation, a state corporation , a public company, pension fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, another organization created by the Russian Federation on the basis of federal law, dismissal from work in an organization created to fulfill the tasks assigned to federal state bodies, as well as in a state (municipal) institution.

N 231-FZ, dated 12/29/2012 N 280-FZ, dated 07/03/2016 N 236-FZ)

Article 8.1. Submission of information about expenses

Article 9

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

2. Notification of the facts of treatment in order to induce to commit corruption offenses, except for cases when these facts have been or are being checked, is an official (official) duty of a state or municipal employee.

3. Failure by a state or municipal employee to fulfill the official (service) duty provided for by Part 1 of this article is an offense entailing his dismissal from the 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 has notified the representative of the employer (employer), prosecution authorities or other state bodies about the facts of treatment in order to induce him to commit a corruption offense, about the facts of commission of corruption offenses by other state or municipal employees, failure to provide information or submission of knowingly unreliable or incomplete information about income, property and liabilities of a property nature, is under the protection of the state in accordance with the legislation of the Russian Federation.

5. The procedure for notifying a representative of an employer (employer) about the facts of an appeal in order to induce a state or municipal employee to commit corruption offenses, the list of information contained in 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

Article 11.1. Obligations of employees of the Central Bank of the Russian Federation, employees holding positions in state corporations, public companies, other organizations created by the Russian Federation on the basis of federal laws, employees filling certain positions on the basis of an employment contract in organizations created to fulfill the tasks assigned to federal government agencies

(as amended by Federal Laws No. 231-FZ of 03.12.2012, No. 236-FZ of 03.07.2016)

Article 12

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

(Part 2 was introduced by Federal Law No. 231-FZ of December 3, 2012)

Article 13. Responsibility 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 may, by a court decision, be deprived of the right to hold certain positions in state and municipal service in accordance with the legislation of the Russian Federation.

Article 13.1. Dismissal (release from office) of persons holding public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, municipal positions due to loss of confidence

(introduced by Federal Law No. 329-FZ of November 21, 2011)

1. A person holding a public office of the Russian Federation, a public office of a constituent entity of the Russian Federation, a municipal position, in the manner prescribed by federal constitutional laws, federal laws, laws of the constituent entities of the Russian Federation, municipal regulatory legal acts, is subject to dismissal (release from office) in connection with loss of confidence in the event of:

1) failure by a person to take measures to prevent and (or) resolve a conflict of interest to which he is a party;

2) failure by a person to provide information about his income, property and property obligations, as well as income, property and property obligations of his wife (spouse) and minor children, or submission of knowingly false or incomplete information;

3) participation of a person on a paid basis in the activities of the management body of a commercial organization, with the exception of cases established by federal law;

4) carrying out entrepreneurial activities by a person;

5) inclusion of a person in the management bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

2. A person who holds a public position of the Russian Federation, a public position of a subject of the Russian Federation, a municipal position, who has become aware of the emergence of a personal interest in a subordinate person, which leads or may lead to a conflict of interest, is subject to dismissal (release from office) in connection with loss of confidence also in the event that a person holding a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation, a municipal position does not take measures to prevent and (or) resolve a conflict of interest, to which the person subordinate is a party.

Article 13.2. Dismissal (release from office) of persons replacing (occupying) positions in the Central Bank of the Russian Federation, state corporations, public companies, other organizations created by the Russian Federation on the basis of federal laws, in organizations created to fulfill the tasks assigned to federal state authorities due to loss of confidence

(as amended by Federal Law No. 236-FZ of July 3, 2016)

(introduced by Federal Law No. 231-FZ of December 3, 2012)

Persons holding positions in the Central Bank of the Russian Federation, persons holding positions in state corporations, public companies, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws , certain positions on the basis of an employment contract in organizations created to fulfill the tasks assigned to federal state bodies are subject to dismissal (release from office) due to loss of confidence in cases provided for by federal laws.

(as amended by Federal Law No. 236-FZ of July 3, 2016)

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

(introduced by Federal Law No. 231-FZ of December 3, 2012)

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

2. Anti-corruption measures taken by an organization may include:

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

2) cooperation of the organization with law enforcement agencies;

3) development and implementation in practice of standards and procedures aimed at ensuring the conscientious work of the organization;

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

5) prevention and settlement of conflicts of interest;

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

Article 13.4. Carrying out checks by an authorized subdivision of the Administration of the President of the Russian Federation

(introduced by Federal Law No. 102-FZ of May 7, 2013)

1. By decision of the President of the Russian Federation, the Head of the Administration of the President of the Russian Federation or an official of the Administration of the President of the Russian Federation specially authorized by them, an authorized subdivision of the Administration of the President of the Russian Federation may, in accordance with the established procedure, check:

1) the reliability and completeness of information on income, expenses, property and liabilities of a property nature, submitted by citizens applying for filling any positions, the exercise of powers for which entails the obligation to provide such information, as well as other information submitted by these citizens in accordance with normative legal acts of the Russian Federation;

of this Federal Law, their duties in accordance with the legislation on combating corruption.

(as amended by Federal Law No. 303-FZ of November 3, 2015)

2. The checks provided for by paragraph 1 of this article may be carried out regardless of the checks carried out by subdivisions, officials or commissions of other bodies and organizations.

Article 14 Liability 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 measures of liability to a legal entity for a corruption offense does not relieve the guilty individual from liability for this corruption offense, just as bringing a natural person to criminal or other liability for a corruption offense does not relieve a legal entity from liability for this corruption offense.

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

The president

Russian Federation

D. MEDVEDEV

Moscow Kremlin

Given that corruption is a system, therefore, it is also necessary to apply a system to combat it. This means that the state anti-corruption policy should include a system of interrelated, complementary measures united by one goal and involving state, public, political, professional, creative and other bodies and organizations in achieving it.

The policy in this direction should be based, first of all, on legal framework. It is the imperfection of legislation that creates a breeding ground for corruption.

In practice, this is manifested in the inconsistency of many legislative acts. In a number of branches of domestic legislation, especially those related to legal relations in the socio-economic and financial spheres, there are so-called "special holes" for "lawful" corruption. All this allows ambiguous interpretation of one or another norm of the law. Any opportunity to interpret the law ambiguously allows officials to use it to their advantage. This is what gives rise to the phenomenon of corruption. Therefore, it is no coincidence that legislation with such "holes" is called "corruption-prone". At the same time, it is obvious that this kind of legislation is not born spontaneously, it is actively lobbied by the relevant representatives of government and business.

Also noteworthy is the presence in a number of legislative acts of the wording “has the right”, “may”, which makes it possible to make a variant decision, as well as securing the possibility of sole resolution of significant issues by an official. This circumstance also contributes to manifestations of corruption in everyday practice.

The most important condition for the formation of anti-corruption legislation is also the elimination of gaps in the legal field associated with the lack of clear interpretations and definitions, including acts of corruption and their signs, in the conceptual apparatus of jurisprudence.

An equally significant factor in the formation of anti-corruption legislation is the implementation of the provisions international conventions, signed and ratified by Russia in the field of combating corruption (the European Criminal Law Convention on Corruption - 1998 and the United Nations Convention against Corruption - 2003). The above conventions have been signed and ratified by Russia. But in practice they don't actually work. This is due to the fact that the Criminal Code of the Russian Federation has not yet included provisions defining liability for such manifestations of corruption as:

• corrupt lobbying;
• corrupt favoritism;
• corrupt protectionism;
• nepotism (nepotism, patronage of relatives);
• secret political contributions;
• contributions to elections with the subsequent payment of public offices or lobbying the interests of the contributor;
• provision of tax and customs benefits;
• combining public service with commercial activities, etc.

Since the Federal Law "On Combating Corruption" does not classify these acts as corruption, accordingly, criminal law does not provide for liability for their commission. It is no coincidence that therefore these forms of corruption are widespread in public authorities, both at the federal and regional levels.

It should be noted that these forms of corruption are common in other countries, including the United States, as well as the European Union. But unlike in our country, in these states the named forms of corruption are criminalized and an irreconcilable (or certain) struggle is waged against them, in Russia they are sometimes only mentioned in the media. At the same time, they are often presented as the ability of an official to "make money within the framework of existing laws." In the current Russian criminal legislation, there is not even a mention of them, which significantly expands the possibilities of corruption manifestations in domestic practice. This circumstance determines the need to use positive foreign experience in the criminalization of all the most obvious manifestations of corruption in order to break the vicious criminal circles: "money - power - money", "property - power - property".

Legislative consolidation of the conditions that prevent the commission of corruption offenses by representatives of the authorities, the definition of entities that carry out the suppression of such offenses, and the responsibility of persons guilty of committing corruption offenses is necessary for the further integration of the Russian Federation into global community as a state that has set the task of protecting the rights and freedoms of man and citizen as a priority.

In the fight against corruption, there should be no compromises and no extenuating circumstances. Therefore, the current legislation should be adjusted in such a way that liability before the law for crimes of a corruption nature is in no way conditional. It should also not be subject to various mitigating circumstances, including such as the presence of state awards, as well as past merits of the convicted person for crimes of this kind.

Special provisions are also needed to ensure that the state can recover funds that it has lost due to corrupt officials, even if these funds are, as is often the case, in the hands of third parties or outside the country. Criminal laws should provide for methods to track, confiscate, freeze accounts and seize illegally obtained funds.

Thus, the problems of formation and improvement of an integral system of anti-corruption legislation are of a complex nature. At the same time, it is also obvious that they are largely related to the problems of competence and interaction between the bodies exercising power in the field of combating corruption.

Particular attention in the process of combating corruption should be given to the organization of public service in the Russian Federation, since it is in this area that the practice of corruption relations is most firmly rooted. Per last years the governments of the countries have taken a number of measures, but all of them, as in the case of the formation of legislation, are half-hearted. Moreover, the rigidity of the requirements does not apply to all representatives of public authorities. An example of this kind of selectivity is, in particular, the criminal case against Oboronservis, in which the main defendant in this case, former Defense Minister A. Serdyukov, was only a witness. Convicted in May 2015 to five years in a general regime colony, E. Vasilyeva, already in August 2015, she was subjected to a parole procedure. This kind of charity has a very negative impact not only on the results of the fight against corruption at the state level, but also on the image of state power in general.

An equally important direction of the state anti-corruption policy is the comprehensive implementation of organizational and institutional measures to improve the efficiency of the civil service.

One of the most significant areas of activity in this area should be the improvement of the institutional structure of the system of public authorities in order to counteract the emergence and development of corruption manifestations in this environment.

It should be noted that although the institution of the executive authority is called the same in both Western European countries and in Russia, in terms of the essence of the legal structure, these are completely different institutions. In our country, the institution of the executive body is regulated by law in such a way that it is, in fact, the authority of the minister or other leader who heads it, and also partly the authority of the person who, in accordance with the decrees of the President of the Russian Federation, manages the activities of this body. This is also facilitated by the norms of the Federal Constitutional Law “On the Government of the Russian Federation” and the federal laws “On the System of the Public Service of the Russian Federation” and “On the State civil service Russian Federation" and others.

This institutional shortcoming of the public service of the Russian Federation in comparison with the public services of a number of countries forms one of the main causes of corruption. In practice, this manifests itself in provoking abuse of authority by officials of ministries and departments and, accordingly, their lack of control not only by society, but also by higher authorities.

Another cardinal difference between the domestic system of organization of the civil service is the actual absence of the institution of bureaucracy as a community that forms the professional basis and support of any state system.

The notion of this institution that is currently widespread in the political and even scientific circles of Russia is wrong and incompetent. Incompetence in relation to both the civil service itself and the institution of bureaucracy has been going on since the Soviet era and is widespread not only among ordinary citizens, but also among political leaders and parties.

This is due to the fact that in the Russian legislation this institution as an integral legal category is currently not available. Moreover, a significant part of the persons belonging to this category, according to Russian legislation, are referred to as state, including civil, employees, who, contrary to their name, have a legal status employees whose legal relationship with the state is established in the form of a public service contract, and the side of the state is represented by the head of the state body of service.

For most European states, this approach is not typical due to its corruption potential. Persons belonging to the category of public officials and who are not members of the government as ministers have the status of officials, and their relations with the state are of a public law nature, implemented through the jurisdictional status of these relations. The resolution of conflicts or the termination of these relations is carried out exclusively by the court, but not by the head of the relevant state body.

Another example of ineffective legal regulation public service is the practice of coordinating with the heads of the executive authorities of the constituent entities of the Russian Federation the appointment of heads of departments of federal state bodies on the territory of such a constituent entity of the Federation. This is an unconditional violation of the jurisdiction of the Russian Federation in relation to the execution by federal state bodies of the powers of the Russian Federation in its subjects of exclusive jurisdiction (Article 71 of the Constitution of Russia) throughout the entire territory of the Russian Federation.

Thus, as the analysis shows, the domestic system of state power, despite the ongoing attempts to reform it, still has many shortcomings of an organizational and institutional nature that contribute to the development of corruption in this environment. This, in turn, indicates that any significant limitation of corruption in the Russian Federation is impossible without adjusting the foundations of the public service system.

The most important direction of reforms in this area should be the establishment of a public law status for civil servants of the Russian Federation, as well as an exhaustive regulation of the status of all public officials of the Russian Federation.

At the same time, it is obvious that no transformations in the public administration system will lead to positive result if the efforts of all branches and institutions of state power, as well as civil society to combat corruption are not consolidated.

Foreign experience in combating corruption shows that efforts to combat corruption do not produce results, as a rule, if the most important component of this struggle is absent - the participation of civil society in it.

Moreover, it is obvious that this problem clearly goes beyond the implementation of the anti-corruption state strategy. As an analysis of modern and historical practice shows, the Russian state is reluctant to perceive civil society as a partner, remembering it only in cases where it is necessary to mobilize the efforts of society, as was the case, for example, during the Great Patriotic War, as well as the implementation of large-scale projects (virgin lands , BAM and others). In modern domestic practice, this kind of appeal was most effectively manifested in the fight against terrorism in the North Caucasus region, as well as in the course of forcing Georgia to peace, returning the Republic of Crimea and the hero city of Sevastopol to Russia and providing humanitarian aid residents of the unconquered Donbass. All this, as practice shows, is a powerful incentive to intensify the efforts of civil society to solve vital problems, including those affecting the national security of Russia.

Civil society can have the knowledge and connections to deal with problems that affect everyone, including corruption, which neither the public authorities (local government) nor the private sector possess. And it is in his interests to fight against corruption, since it is civil society that becomes its main victim. As power shifts from the center to local leaders, new characters at the local level, consisting, as a rule, in direct contact with civil society. Thus, civil society, thanks to the knowledge of local problems, in principle gets the opportunity to identify, control, and nip in the bud corruption in the local self-government system, which no one has. In turn, this can become a good training base needed to fight corruption at the national level.

Ignoring civil society in the development of an anti-corruption strategy means not using one of the most powerful and potentially effective tools. The very fact of involving civil society in the development of a strategy for such a fight will give the process of combating corruption a national character and ensure the effectiveness of the implementation of anti-corruption measures, both at the federal, regional and local levels.

To do this, it is necessary to take a whole range of measures. First of all, in our opinion, state support is needed in creating an all-Russian network of civil society actors involved in anti-corruption activities. In addition, activities also need support. public organizations monitoring cases, practices and methodology of corruption in Russia and disseminating the information they receive. This is necessary in order to increase the responsibility of civil society itself in solving the problems of combating corruption, as well as to exclude cases of unfair use of anti-corruption issues in the interests of achieving opportunistic political goals, damaging the international image of Russia.

In this regard, it is obvious that the most important direction of anti-corruption policy should also be a change public opinion, perceptions of corruption. To this end, it is necessary, in our opinion, to find out how society perceives and evaluates the degree of corruption and corruption manifestations themselves, as well as to identify the main sources of its occurrence in order to find the starting point from which it will be possible to compare the success of anti-corruption reform in the future. . At the same time, statistics alone, including in terms of perceptions of corruption, are not a reliable indicator of this progress. The best form of measurement is public opinion itself. The average person is well aware of the environment in which he lives and has a very clear idea of ​​what is going on around him. Corruption, especially at the lowest level, directly affects everyone's daily life. Ordinary citizens have their own well-defined view of this problem, especially when corruption affects the volume and quality of services provided to them by the state and the private sector, and for which they have already paid.

At the same time, anti-corruption measures should not resemble noisy campaigns, to which Russian society has become less receptive. Such measures will not be successful if they are not permanent and have the support of the whole society. If ordinary citizens and entrepreneurs are used to the fact that any appeal to state structures requires a “reward”, then it will be extremely difficult to change the attitude of society towards corruption.

People must realize the seriousness of the problems associated with corruption, and also see what can be done to combat it. The degree of public confidence depends rather on how these measures are implemented and what impact they have on the behavior of civil servants and society as a whole.

In this regard, it is also extremely important to realize the fact that without creating a special moral atmosphere in society in relation to corruption in order to deinstitutionalize it, any measures in this area will be initially doomed to failure.

This is exactly what is confirmed in modern Russian reality. Despite the complex of implemented anti-corruption measures, the level of corruption is not decreasing. All this indicates that the initiatives implemented by the President of Russia in the field of combating corruption have not yet found mass support among the population of the country. There is, on the one hand, obviously, the infantile attitude of society towards the struggle of public authorities against corruption, and on the other hand, the perception of corruption as a completely ordinary phenomenon.

The most important task in this regard is the formation of an anti-corruption worldview among Russian citizens - anti-corruption ethics.

At the same time, it is obvious that practically all components of civil society should be interested in the formation of an effective system of a national ethics of behavior: the private sector, public organizations, religious figures, the press, professional organizations and, of course, ordinary citizens who daily experience the consequences of corruption.

To this end, it is obviously advisable:

• development and implementation of anti-corruption educational programs and campaigns in order to overcome the passivity of society in the perception of corruption as a threat national security;
• formation of an understanding of corruption as a complex social phenomenon, the fight against which should begin not “from above” (authority), but “from below” (society);
• ensuring maximum transparency in the implementation of anti-corruption policy.

A special role in the formation of an effective system of national ethics is called upon to play means mass media. For this purpose, it is advisable:

• involvement of the media in the formation of an anti-corruption worldview and popularization of anti-corruption activities;
• expanding media access to information affecting the public interest;
• ensuring the mandatory and prompt response of the relevant authorities and officials to media reports on the facts of corruption;
• bringing to disciplinary and criminal liability officials who prevent media representatives from collecting and disseminating information about facts of corruption;
• strengthening the institution of protecting the confidentiality of journalistic sources of information.

At the same time, in order to implement a set of tasks for the participation of the media in the formation of anti-corruption ethics, it is necessary to legally and realistically provide conditions for the normal functioning of a free press. Freedom of the press will be promoted by a number of measures: the adoption of a law on freedom of information, which opens up access for citizens, including journalists, to information from government structures; raising the professional level of journalism; ensuring the professional independence and responsibility of journalists working in the state media.

Separation of state and non-state media by introducing a ban on the participation of non-state structures in the authorized capital of state media and state structures in the authorized capital of non-state media. Changing the management methods of state audiovisual media in the direction of ensuring their professional independence and taking into account public opinion. Development and publication in the media of indices of the level of corruption, which make it possible to compare regions, industries, large enterprises, decisions of authorities and the activities of their specific representatives.

Providing support to the efforts of the journalistic community to develop and ensure compliance with the rules of professional ethics, the implementation of standards for investigative journalism. Widespread use of the Internet to inform the public about the activities of state authorities and local self-government, provide access to socially significant information, involve citizens in the process of discussing draft decisions, and monitoring their implementation.

While it is not possible to track all manifestations of corruption, it can be controlled by adhering to codes of ethics, coupled with decisive action by law enforcement agencies, as well as through deep organizational changes and reform of public institutions.

Thus, the state policy in the field of combating corruption should provide for the comprehensive implementation of legal, political, organizational, technical and financial measures that ensure the development of the necessary mechanisms, the implementation of which will create serious prerequisites for a radical change in the situation in the field of combating large-scale manifestations of corruption and anti-social actions of related with her crime.

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The spread of corruption in modern Russian society over the course of last decade with constant constancy is stated as a negative fact that impedes the development of an effective system of state and municipal government, ensuring sustainable economic growth and, as a result, hitting the well-being of citizens, in a negative way, on socially unprotected segments of the population.

The anti-corruption situation in Russia is typical in this sense. First, positions in international rankings and domestic sociological studies demonstrate that corruption is one of the most acute problems of Russian society. Secondly, in the history of the formation of anti-corruption activities, three stages can be distinguished (“operational-tactical”, “scientific-legislative”, the stage of “the formation of a national model of anti-corruption policy”), which are very contradictory in content and results.

At the first operational-tactical stage (in the period 1992-2005), anti-corruption norms are codified and various legal acts in the field of civil, criminal and administrative law are adopted to address tactical issues in combating corruption crimes. For the first time, the issue of anti-corruption activities was raised in Decree of the President of the Russian Federation of April 4, 1992 No. 361 “On Combating Corruption in the Public Service System.” This decree is limited in nature, which is aimed at preventing criminal and other actions of employees of the state apparatus, prohibits engaging in entrepreneurial activity; restricts civil servants to provide assistance in relation to individuals and legal entities, which is not provided for by law, using their official position in carrying out entrepreneurial activities for this and receive remuneration, services and benefits for this; perform other paid work on a part-time basis (except for scientific, teaching and creative activity), as well as to carry out entrepreneurial activities through intermediaries, and therefore to be an attorney with third parties in the affairs of the state body in which he is in the service; participate independently or through a representative in the management of joint-stock companies, limited liability partnerships or other business entities.

The legislator tried to embody some ideas in the Federal Law of July 31, 1995 No. 119-FZ “On the Fundamentals of the Civil Service of the Russian Federation”, but the campaign did not receive further development. The draft Federal Law "On Combating Corruption" in 1999 passed three readings in the State Duma, but was not signed by the President of the Russian Federation.

The next legal act, which had as its main goal the creation of effective measures to prevent corruption and abuse in the country, is Decree of the President of the Russian Federation of May 15, 1997 N 484 civil service positions and positions in local self-government bodies, information on income and property", which also focuses on monitoring the income of persons appointed to public positions. At the same time, paragraph 7 of this Decree clearly limits its application, not extending to military personnel (except for military personnel - federal ministers) and judges of federal courts.

The lack of any progress in 1999 (the law on corruption was never adopted) in the regulation of corruption manifestations, the President explained in connection with the poor work of the legislative bodies, but did not propose any measures to overcome this.

The next step was the creation of the Interim Commission of the Federation Council to study the problem of combating corruption and approve the regulation on it. In August 1999, the regulation on the Security Council of the Russian Federation was approved, according to which the Interdepartmental Commission on Public Security, the Fight against Crime and Corruption was created. Again, no significant results were achieved.

Corruption was certainly recognized as a negative phenomenon even after the election of the second President of the Russian Federation, Vladimir Vladimirovich Putin, but it was proposed to focus efforts on “creating a strong and independent Russia” . This was expressed in such measures as the development of family relations, the abolition of many legal restrictions in business, where the "freedom" of officials is the cause of corruption.

In 2001 the president pointed out that the unsatisfactory work of the state apparatus contributes to corruption. “Corruption is not the result of a lack of repression, but a direct consequence of the restriction of economic freedoms. Any administrative barriers are overcome by bribes. The higher the barrier, the more bribes and officials who take them. And in order to form norms of morality and ideological influence that regulated the behavior of employees of state authorities and administration on the path of abuse, corruption and arbitrariness, the Federal Program for the Reform of the Civil Service was approved. And later, its implementation is reflected in the Federal Law "On the system of public service", which laid the foundations for the regulation and functioning of the public service in the Russian Federation.

In 2003 The Presidential Anti-Corruption Council was formed. In 2004, the State Duma Anti-Corruption Commission was formed. The task of these divisions was aimed primarily at analyzing the legislation and putting forward proposals for optimizing the work of the state apparatus, but the work did not bring effective results.

At the second stage of the institutionalization of anti-corruption policy - "scientific and legislative" (in the period 2006-2007) - the implementation of international anti-corruption standards into Russian legislation and the formation of departmental and regional anti-corruption programs take place. During this period, the question arises of the ratification by the Russian Federation of the most important international legal acts. The impetus for this was the signing of the Commitments of the "Group of Eight" "Combating Corruption at a High Level" during the summit in St. Petersburg in July 2006. Subsequently, the President of the Russian Federation issued Decree No. 129 of February 3, 2007 “On the formation of an interdepartmental working group to prepare proposals for the implementation in the legislation of the Russian Federation of the provisions of the United Nations Convention against Corruption of October 3, 2003 and the Council of Europe Convention on Criminal Liability for Corruption of January 27, 1999”.

Along with the ratification of international norms in 2006-2007. Departmental and regional anti-corruption programs are being developed and implemented. "The concept of administrative reform in the Russian Federation in 2006-2010." for the first time provided for anti-corruption mechanisms aimed at the activities of state bodies with an increased risk of corruption. The creators of the Concept referred to them such mechanisms as the examination of regulatory legal acts; development of a package of anti-corruption regulatory legal acts; development of departmental and regional anti-corruption programs; creation of a methodological basis for assessing the corruption potential of state functions; Rosoboronzakaz, Rosregistration and the Federal Antimonopoly Service became the first departments where pilot departmental programs were developed. On their basis, the Ministry of Economic Development prepared standard programs for combating corruption, which embodied anti-corruption strategies of various forms and degrees of effectiveness.

In general, the “scientific-legislative” stage is an important period in the institutionalization of the Russian anti-corruption policy. In a very short time, a national anti-corruption strategy is being outlined at the federal level, and in the subjects of the federation, a legislative framework for combating corruption is being formed and the procedure and methodology for conducting an anti-corruption examination of regulatory legal acts is being determined.

From May 2008 began new stage which is characterized by the formation of a "national model of anti-corruption policy". And then on May 19, 2008, he signed a decree "On measures to combat corruption". This Decree provides for the creation of a presidential anti-corruption council, chaired by the head of state. The purpose of this Council is to implement measures to create a regulatory framework for anti-corruption policy and develop methodological recommendations to the President for reforming

Later in the same year, on December 30, President Dmitry Anatolyevich Medvedev signed the FKZ "On Amendments to Article 10 of the Federal Constitutional Law" On the Government of the Russian Federation ". This law obliges the prime minister, vice-premiers and federal ministers to submit information to the tax authorities about their income and the income of their family members: spouses and minor children.

On March 5, 2009, a government decree “On approval of the methodology for conducting an examination of draft regulatory legal acts and other documents in order to identify provisions in them that contribute to the creation of conditions for the manifestation of corruption” was signed. In this resolution, the term "corruptibility" was introduced and the types of examinations at various levels of government were prescribed.

Government Decree No. 196 “On Approval of the Methodology for Examination of Draft Regulatory Legal Acts and Other Documents in order to Identify Provisions Conducive to Creation of Conditions for the Manifestation of Corruption” stipulated the methods for conducting examinations, the main corruption factors, which are the provisions of the draft documents. These provisions contribute to manifestations of corruption in the application of documents and can become the direct basis for corrupt practices or create conditions for the legitimacy of corrupt acts, as well as allow or provoke them. These factors come in three forms:

1) factors that are associated with the implementation of the powers of a state authority or local government;

2) factors that are associated with the presence of legal gaps;

3) systemic factors.

President of the Russian Federation D. Medvedev in the "National Anti-Corruption Plan" and Decree of the President of the Russian Federation of April 13, 2010 No. 460 "On the National Anti-Corruption Strategy and the National Anti-Corruption Plan for 2010-2011." institutional frameworks were proposed that determine the nature, subjects and mechanisms of the Russian anti-corruption policy.

The National Anti-Corruption Plan includes four sections: 1) Legislative support, 2) Improving public administration in order to prevent corruption, 3 and 4) improving the professional training of legal personnel and measures to legal education. Legislative measures include the federal law "On Combating Corruption", as well as the introduction of changes and amendments to 25 federal laws.

The Law "On Combating Corruption" contains such legal innovations as the expansion of measures to prevent and prevent corruption offenses and the tightening of legal liability for corruption crimes. As a basic task, the Law "On Combating Corruption" puts forward the improvement of the structure of public administration, the improvement of the functions and powers of public authorities, seeing excessive and unregulated state regulation as the main prerequisite for the development of corrupt practices. A federal anti-corruption body was created - the Council under the President of the Russian Federation for Combating Corruption. As a follow-up to the National Anti-Corruption Plan, in April 2010, a “national strategy” was adopted, which is designed to consolidate the efforts of federal government bodies, other state bodies, state authorities of the constituent entities of the Russian Federation, local governments, civil society institutions, organizations and individuals persons aimed at combating corruption. The strategy provides for the introduction into the activities of federal state authorities, other state bodies, state authorities of the constituent entities of the Russian Federation and local governments innovative technologies that increase objectivity and ensure transparency in the adoption of legislative (regulatory legal) acts of the Russian Federation, municipal legal acts and management decisions, as well as ensuring interdepartmental electronic interaction of these bodies and their interaction with citizens and organizations in the framework of the provision of public services.

An important measure is to improve the conditions of procedures and mechanisms for state and municipal procurement, including by expanding the practice of holding open auctions in electronic form.

So, corruption in Russia is not a new phenomenon, but attention to this problem was especially paid not so long ago. The main obstacle to the implementation of measures to combat corruption is the unsatisfactory state of the legislative framework. The legal framework for combating corruption is represented only by criminal law and international acts, which suffer from a lack of implementation mechanisms. The scale and level of Russian corruption, due to its volume, is not so easy to defeat, it requires the adoption of legislative changes and strengthening the work of law enforcement agencies, while simultaneously controlling by civil society. However, the participation of civil society is not enough; a simultaneous strengthening of the work of the law enforcement system is required.

2.2 Commissioner for Combating Corruption in the Ulyanovsk Region: Powers and Functions

The Ulyanovsk Region became the first Russian region to put into practice the norms of Article 6 of the UN Convention against Corruption, according to which “each State Party (of the Convention) shall ensure, in accordance with the fundamental principles of its legal system, the existence of a body or, where appropriate, bodies, exercising prevention of corruption ... ". In 2009, the position of the Anti-Corruption Commissioner was established in our region, performing the functions defined by the Law of the Ulyanovsk Region dated July 20, 2012 No. 89-ZO “On Combating Corruption in the Ulyanovsk Region” .

Actually, the Ulyanovsk region started to create the legal foundations for the prevention of corruption even before the adoption of the relevant acts at the federal level. In early 2007, a regional coordinating council for the implementation of anti-corruption policy was established. In June of the same year, a year and a half before the adoption of the relevant federal law, the Law of the Ulyanovsk Region “On Combating Corruption in the Ulyanovsk Region” was adopted, and in 2008 the regional target program was approved. The practice of applying these legal acts caused an urgent need for a single center coordinating anti-corruption measures, and in 2009 Legislative Assembly Ulyanovsk region, supporting the proposal of the Governor of the Ulyanovsk region S.I. Morozov, established a specialized state position - Commissioner for Combating Corruption in the Ulyanovsk region. Over the past years, this institution has gone through a stage of organizational formation and a number of legal changes. In 2012, amendments were made to the Law of the Ulyanovsk Region dated July 20, 2012 No. 89-ZO “On Combating Corruption in the Ulyanovsk Region”, including the terms of office of the Commissioner (up to six years). The Anti-Corruption Commissioner is appointed and dismissed by a resolution of the Legislative Assembly of the Ulyanovsk Region, voting is by secret ballot. From 01.01.2014, in accordance with the Decree of the Legislative Assembly of the Ulyanovsk Region dated December 26, 2013 "On the appointment of the Commissioner for Combating Corruption in the Ulyanovsk Region", Yashin Alexander Evgenievich is the Commissioner for Combating Corruption in the Ulyanovsk Region.

The peculiarity is that the Ulyanovsk region, relying on the right of the subject of the Russian Federation enshrined in the Constitution to exercise legal regulation in areas not regulated by federal legislation and not contradicting it, has become the first and so far the only Russian region that has centralized and accumulated the functions of preventing corruption at the regional level in powers of a special body. Until today, the Ulyanovsk region remains the only subject of the Russian Federation where such a specialized position exists.

The institutionalization of corruption prevention in the Ulyanovsk region clearly showed the advantages of such a model for organizing anti-corruption measures over the common in Russia approach of distributing anti-corruption functions between various bodies and organizations. Due to the unity of the organizational, financial, managerial resource and the special list of powers established by law, the activities of the Anti-Corruption Commissioner lie in the plane of preparing initiatives, accumulating, translating positive anti-corruption practices into management activities and monitoring the effectiveness of their implementation. In this, the Ulyanovsk region has a great advantage over other subjects of the Russian Federation, in which there are no permanent specialized bodies on professional development and coordination of the implementation of strategic measures for the effective prevention of corruption among state and municipal bodies and their officials and employees.

The Commissioner for Combating Corruption in the Ulyanovsk Region is a person who holds a public position in a constituent entity of the Russian Federation. He independently determines his plan and strategy for the implementation of his powers.

The Commissioner for Combating Corruption in the Ulyanovsk Region is not only the organizer of the anti-corruption policy in our region, but also the direct executor of a number of measures to prevent corruption. The functions of the Commissioner for Combating Corruption in the Ulyanovsk Region were originally established in the Law of the Ulyanovsk Region dated 05.06.2007 No. 77-ZO “On Combating Corruption in the Ulyanovsk Region” . Currently, this law has become invalid due to the adoption of a new law of the same name dated July 20, 2012 No. 89-ZO, which significantly expanded the list of functions and rights of the Anti-Corruption Commissioner.

For the independent and effective provision of its functions, the Commissioner has the right to:

1) without hindrance, upon presentation of a certificate, visit the state bodies of the Ulyanovsk region and the state institutions of the Ulyanovsk region subordinate to them, attend meetings of collegial bodies of state bodies of the Ulyanovsk region;

2) request and receive from the state bodies of the Ulyanovsk region, the state institutions of the Ulyanovsk region subordinate to them and their officials the necessary information, documents and materials

3) request and receive explanations from officials of state bodies of the Ulyanovsk region and subordinate state institutions of the Ulyanovsk region;

4) send warnings to the heads of state bodies of the Ulyanovsk region in the manner and cases established by the Law of the Ulyanovsk region "On combating corruption in the Ulyanovsk region". A warning is a special form of the Ombudsman's response to the improper adoption of measures to prevent corruption by the relevant officials.

In accordance with the Law of the Ulyanovsk Region dated July 20, 2012 No. 89-ZO “On Combating Corruption in the Ulyanovsk Region”, the functions of the Commissioner for Combating Corruption in the Ulyanovsk Region are:

1) development of measures of the regional anti-corruption program and control of its implementation;

2) organizing and conducting anti-corruption monitoring; Anti-corruption monitoring is carried out in two areas:

A) this is monitoring of useful anti-corruption experience, which is required to be carried out by all state bodies of the Ulyanovsk region;

B) it is the monitoring of the effectiveness of the implementation by the executive bodies of state power and municipalities of the Ulyanovsk region, with which interaction has been established on the basis of agreements, norms of federal, regional and municipal legislation on combating corruption (this work is carried out on the basis of a rating table developed by the Commissioner. The table involves an assessment of each state and municipal body according to more than three hundred different criteria, grouped according to the elements of the organizational structure of corruption prevention);

3) conducting an anti-corruption analysis of normative legal acts and their drafts, which are developed by the executive bodies of state power in the region; anti-corruption analysis conducted by the Commissioner is a mandatory component of the preparation of a draft regulatory legal act. Without an anti-corruption analysis and the presence of a positive opinion of the Commissioner on the draft normative act, no draft normative legal act can be submitted for consideration by the Governor and the Legislative Assembly of the Ulyanovsk region. The negative conclusion of the Commissioner is the basis for the revision of the draft act. As a result, for approval by the Governor of the Ulyanovsk Region, the Government of the Ulyanovsk Region and the Legislative Assembly of the Ulyanovsk Region, draft regulatory legal acts that have passed triple control are submitted: at the level of the developers of this act, at the level of control and supervisory bodies and at the level of the Commissioner for Combating Corruption in the Ulyanovsk Region;

4) formation of a database on corruption risk areas; identified areas of corruption risk are exempted from irrelevant details and entered into a special database, on the basis of which appropriate countermeasures are prepared. In this form, the zone of corruption risk is a model of potential corrupt behavior of an official or a potentially corrupt scheme;

5) implementation of the registration of regulatory legal acts of the Ulyanovsk region, providing for the introduction of anti-corruption standards; these standards will regulate the behavior of civil servants in situations where there is a high probability of conditions for the manifestation of corruption, or in areas of corruption risk (the activities of inspectors of state housing, construction, environmental supervision, etc.);

6) organizing the involvement of non-governmental organizations, with the exception of the editorial offices of the media, in the implementation of anti-corruption propaganda;

7) analysis of the activities of state bodies of the Ulyanovsk region to consider reports from citizens and organizations about signs of corruption offenses that have become known to them in the activities of officials of state bodies of the Ulyanovsk region and officials of state institutions of the Ulyanovsk region subordinate to them; this function is implemented when monitoring the effectiveness of anti-corruption work in the government bodies of the Ulyanovsk region;

8) preparation and submission of a summary report on the results of the participation of state bodies of the Ulyanovsk region in the implementation of a unified state policy in the field of combating corruption to the Governor of the Ulyanovsk region, the Legislative Assembly of the Ulyanovsk region and the Public chamber of the Ulyanovsk region, as well as posting it on its official website in the information and telecommunications network "Internet";

9) information and methodological assistance to the work of the coordinating council for the implementation of a unified state policy in the field of combating corruption in the Ulyanovsk region;

10) interaction with state and other bodies and organizations on the implementation of a unified state policy in the field of combating corruption;

11) preparation and publication of information and methodological materials on anti-corruption issues;

12) studying the successful practice of implementing anti-corruption programs in the constituent entities of the Russian Federation;

One of the most effective measures in the prevention of corruption is the education of citizens, the impact on those who provoke bribery. In the Ulyanovsk region, a comprehensive action plan for the prevention of "domestic corruption" is being implemented today, a plan for anti-corruption education, sociological research is being carried out, a system for the prevention of corruption in government bodies has been built, participants in the implementation of a unified state policy in the field of combating corruption have been identified:

Governor of the Ulyanovsk Region;

Legislative Assembly of the Ulyanovsk Region;

Government of the Ulyanovsk region;

Accounts Chamber of the Ulyanovsk region;

Executive bodies of state power of the Ulyanovsk region;

Commissioner for Combating Corruption in the Ulyanovsk Region.

The most important subject of anti-corruption policy in the system of combating corruption at the regional level is the executive authorities of the Ulyanovsk region. They, together with the local self-government bodies of the municipalities of the Ulyanovsk region, are involved in taking measures to prevent corruption. The list of such measures is established by Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption”, a number of other federal laws, Decrees of the President of Russia and decrees of the Government of the Russian Federation.

The results of the participation of state bodies of the Ulyanovsk region and local governments of municipalities of the Ulyanovsk region in taking measures to prevent corruption are evaluated in two areas:

1) analysis of the effectiveness of the implementation of anti-corruption measures established by federal and regional legislation, through monitoring the effectiveness of work carried out twice a year in the executive bodies of state power and local governments of municipalities of the Ulyanovsk region, an assessment is made of the degree and quality of implementation of the planned anti-corruption measures.

2) study using sociological methods to determine the attitude of the residents themselves and their assessment of the effectiveness of anti-corruption measures taken by the authorities.

Of course, the mere presence of the Anti-Corruption Commissioner will not eradicate all corruption at once, but it is quite possible to reduce its manifestations to an optimal state at the regional level. It should be noted that the Ulyanovsk region in 2014 retained its leadership in the organization of the state anti-corruption policy. Interest in the work built in the Ulyanovsk region system to combat corruption is shown by other subjects of the Russian Federation, federal authorities, all-Russian public organizations and the media.

2.3 The results of the activities of the Commissioner for Combating Corruption of the Ulyanovsk Region in state authorities and local self-government

One of the areas of work of the Commissioner for Combating Corruption is monitoring the activities of the executive bodies of state power of the Ulyanovsk region (hereinafter referred to as the IOGV) and local governments on the issue of anti-corruption activities

An analysis of the activities of the Ulyanovsk region OGV on the issue of corruption prevention in 2012-2014 shows that work in this direction was carried out in accordance with the requirements of Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, the regional Anti-Corruption Program in the Ulyanovsk region in 2013-2015 and others guidance documents.

In the executive bodies of state power of the Ulyanovsk region, the responsibility for organizing the work on conducting anti-corruption expertise of regulatory legal acts and their projects is assigned to the heads of the legal (legal) departments of ministries and departments. As the experience of anti-corruption monitoring has shown, this practice seems expedient and effective both in terms of the quality of organization of work on conducting anti-corruption expertise, and in terms of the competence of responsible persons.

The ministries and departments of the Ulyanovsk region organized an anti-corruption expertise of almost all regulatory legal acts and their projects. A total of 769 opinions were prepared in 2014, in 13 of them corruption factors were identified at the project preparation stage.

By comparison, in 2012, the executive authorities of the Ulyanovsk region prepared 765 draft laws, draft resolutions of the Governor, the Government, in 20 (2.6%) of them, corruption factors were identified at the examination stage. It also revealed 22 existing law, draft resolutions of the Governor, the Government, with found corruption factors. (See Appendix 1).

Describing the Ulyanovsk Oblast OGV in terms of general qualitative trends in the implementation of this area of ​​anti-corruption work, we can conditionally group the best (from 1st to 5th places), average (from 6th to 19th places) and lagging behind (from 20th place). 25) IOGV.

The first group of IOGV is characterized by active work to identify corruption-causing factors both in the projects adopted by the NLAs and in the existing NLAs of the regional and even federal levels. Also, the specialists of these IOGA are more actively working to identify areas of increased corruption risk based on the materials of their own negative anti-corruption expertise.

In addition, they carry out other, additional, forms of activity within the framework of the organization of anti-corruption expertise, such as organizing their own training seminars on the problems, methods, forms, methods of conducting anti-corruption expertise among the direct developers of draft regulatory legal acts, including among structural (industry , subordinate) units (institutions) in order to prevent corruption factors in the projects they develop, as well as to identify them in existing legal acts.

The general characteristics of the IOGV classified as middle group, is the less active work of specialists responsible for conducting anti-corruption expertise of legal acts and their projects, in the implementation of activities in this area of ​​anti-corruption work in comparison with the work of their colleagues representing the first group of IOAG.

In addition, many of the IOAGs from this group are characterized by comments from the Commissioner in connection with the presence of corruption factors in draft legal acts approved by them during the reporting period.

The general problems of the IOGV from the lagging group are reduced to a formal approach and minimalism in the implementation of a set of measures for conducting anti-corruption expertise of legal acts and their projects. In combination with the lack of activity and initiative in the work on the implementation of the measures provided for by the rating system, they retained or lost their positions in the rating.

In the ministries and departments of the Ulyanovsk region, information coverage of combating corruption is organized quite widely. The activities of the IOGV in the Ulyanovsk region in this direction are mainly organized through electronic media - official websites of departments and official twitter accounts.

The National Anti-Corruption Plan, approved by Decree of the President of the Russian Federation of March 13, 2012 No. 297, provides for a number of anti-corruption measures, among which the following are of the greatest importance in terms of the area of ​​anti-corruption work under consideration:

b) intensifying work on the formation of a negative attitude towards corruption in state bodies with the involvement of public associations, whose statutory tasks are to participate in combating corruption, and other civil society institutions, publicizing every fact of corruption in the relevant state body;

c) the establishment of uniform requirements for the placement and content of subsections of the official websites of federal state bodies devoted to anti-corruption issues.

Better work is being done in the Ministry of Health and Social Development of the Ulyanovsk Region and the Department of State Property and Land Relations. In 2014, they published 194 and 536 materials aimed at improving the legal literacy of the population, indicating specific legal norms and provisions of anti-corruption legislation with explanations. All issued resolutions and orders are posted on the websites of departments. At the same time, 83.6% of the texts of draft regulatory legal acts were publicly discussed on the Internet before their adoption, which is 16.9% more than in the previous period of 2012. The websites of departments contain information on the activities of commissions (groups) on corruption prevention, contacts of officials and telephone numbers of the “hot” line, data on qualification requirements for filling civil service positions, information on income and expenses of persons holding civil service positions.

According to the results of 2012, the Department of State Property and Land Relations took the first place in terms of the number of anti-corruption publications prepared with the participation of employees of the Ulyanovsk Oblast State Government and posted in the anti-corruption sections of the official websites of the State State Office of the State. For the whole of 2012, this department published 153 anti-corruption materials. The second place in 2012 is occupied by the Ministry of Construction, having published 70 anti-corruption materials in 2012. In total, in 2012, the executive authorities of the Ulyanovsk region published 698 anti-corruption materials and 835 in 2014.

The source of information about potentially possible or already committed offenses of a corruption nature in the SOGV or in the areas of their functional responsibility, was press releases from law enforcement agencies and the prosecutor's office, as well as their own materials from independent journalists, citizens' appeals to law enforcement agencies and territorial bodies of federal state authorities.

Speaking about the appeals of citizens, it must be said that they are the most important source of information necessary for making managerial decisions, promptly responding to the public needs of the population. Consideration of appeals is one of the main areas of anti-corruption activities of the executive bodies of state power in combating corruption, a criterion for assessing the effectiveness of their activities and practical confirmation of the existence of an effective "feedback" with citizens in the region.

The procedure for considering citizens' appeals is regulated by Federal Law No. 59-FZ of May 2, 2006 “On the Procedure for Considering Appeals from Citizens of the Russian Federation” and applies to all citizens' appeals, including those related to facts or possible manifestations of corruption. The National Anti-Corruption Plan also draws the attention of the leadership of the IOAG to the need to take measures to create an effective feedback system that allows the state to adjust its anti-corruption policy based on information about its effectiveness received from the population and civil society institutions.

When analyzing the appeals received from citizens and organizations to the executive authorities of the Ulyanovsk region, the quantitative indicators of the received and considered appeals, their specifics, thematic focus, as well as forms of work to consider appeals about possible manifestations of corruption, including conducting internal, public investigations with involvement of expert groups created in the executive bodies of state power, the number of materials sent to the competent authorities for decision-making and informing the population and applicants.

The total number of written and oral appeals of citizens and organizations (including anonymous ones) received by the executive body of state power on all issues in 2014 amounted to approximately 3500 of them 238 on possible facts of corruption. In 2012, the executive bodies of the Ulyanovsk region received a total of 34,318 appeals from citizens, including 519 on possible facts of corruption (1.5% of the total number of appeals). (See Appendix 2).

According to the results of the appeals, it should be said that despite the general increase in appeals and applications of citizens to the executive authorities of the Ulyanovsk region on possible facts of corruption in 2012, almost 2 times (in 2011 - 264; in 2012 - 516), the work carried out with them allowed to reduce their number in some areas, namely:

When allocating land plots up to 8.3% (in 2011 - 23.2%);

When allocating subsidies or other financial assistance up to 4.4% (in 2011 - 5.4%);

In the provision of public services up to 3.1% (in 2011 - 1.8%);

In other areas of activity up to 18.1% (in 2011 - 20.5%).

The appeals received by citizens on possible facts of corruption to the executive bodies of state power of the Ulyanovsk region in 2014 are characterized by the following thematic focus:

In the field of education - 28 (16.0%);

In the field of health and social security - 90 (51.4%);

In the field of land relations - 25 (14.3%);

Provision of public services - 19 (10.9%);

Others - 13 (7.4%).

Ensuring the participation of civil society institutions in combating corruption is one of the key areas for the implementation of the National Anti-Corruption Plan for 2014-2015. The Law of the Ulyanovsk region dated July 20, 2012 No. 89-ZO "On Combating Corruption in the Ulyanovsk Region" also provides for measures to improve the effectiveness of combating corruption, where one of the priority tasks is to create and ensure activities under the executive bodies of state power of the Ulyanovsk region in the established by them order of public advisory and expert bodies for the prevention of corruption.

Currently, anti-corruption commissions (working groups) have been created in all ministries and departments of the Ulyanovsk region. Thanks to these commissions, it was possible to significantly intensify the work on combating corruption, to give it purposefulness, coordination, consistency, to increase the responsibility of officials and their subordinates. subordinate institutions in the system of elements of the organizational structure for combating corruption.

The main tasks of the commissions (working groups) are:

Development, implementation and timely control over the effectiveness of the implementation of the departmental target program to combat (prevent) corruption;

Analysis of appeals of citizens and organizations on facts or possible facts of corruption;

Identification, identification and adoption of measures to eliminate areas of increased corruption risk;

Attracting representatives of civil society institutions and citizens to participate in the implementation of anti-corruption policy in the executive bodies of state power by including representatives of public associations, scientific, educational institutions and other organizations and individuals involved in the study of corruption problems.

According to the reports submitted by the ministries and departments of the Ulyanovsk region for 2012, an increase in the activity of the commissions (working groups) is noticeable. This was facilitated by the adoption in July 2012 of the regional law “On Combating Corruption in the Ulyanovsk Region”, meetings of the Commissioner with the heads of the IOGA, seminars on the activities of commissions (working groups) with the participation of officials responsible for organizing and conducting anti-corruption work in the IOGA.

So, if in 2011 there were 87 meetings of commissions (working groups) on corruption prevention, in 2012 - 157 with the participation of 1325 people and 82 meetings in 2014. As a result of the work of the commissions in 2012, 29 areas of increased corruption risk were identified (in 2011 - 15), in 2014 19 areas of corruption risk; 380 issues were considered by commissions (working groups) in 2012 (2011-165), in 2014 157 issues were considered. (See Appendix 3).

Also, in 2014, internal and external state financial control bodies conducted 142 inspections in relation to the executive bodies of state power and their subordinate state institutions. In 71 cases (50.0%) facts of misuse, illegal or inefficient use of budgetary funds and state property were established, in 2012 in 35.2% of facts (in 2011 - in 36%). At the same time, only in 53 (37.3%) cases, the perpetrators were brought to disciplinary responsibility, one was dismissed on appropriate grounds.

In total, in 2014, 157 people incurred disciplinary responsibility (remarks - 96 (61.1%), reprimands - 61 people (38.9%). 64 people were brought to material responsibility.

In 2012, 137 employees were held accountable for committing violations established as a result of audits of external and internal financial control (43 in 2011), while in more than half of the state executive authorities of the Ulyanovsk region, audits were not carried out at all.

Making intermediate conclusions for 2012-2014, it must be said that in such a direction as anti-corruption expertise of regulatory legal acts and their projects, the Ministry of Health and Social Development (in 2012 - the Ministry of Labor and Social Development) remains the leader in this direction, having prepared in 2012 draft regulations - 121, and in 2014 - 40.

At the same time, in 2014, in total, fewer opinions were prepared on draft regulatory legal acts compared to 2012, but at the same time, fewer corruption factors were identified in them. This may indicate an increase in the quality of the upcoming projects of Ministries, departments and departments.

In addition, the total number of published anti-corruption materials by the executive bodies of state power is growing. The leader in this direction in 2012 and 2014 is the Department of State Property and Land Relations, which published 153 anti-corruption materials in 2012 and 536 in 2014. Also in this direction it is necessary to note the growth total number anti-corruption publications by the executive authorities of the Ulyanovsk region - 698 in 2012 and 835 in 2014.

In such an area of ​​activity of the executive bodies of state power of the Ulyanovsk region as an analysis of the appeals of citizens and organizations, a significant decrease in appeals is noticeable (almost 10 times, 34318 in 2012 and 3500 in 2014). In 2014, the Ministry of economic development- 942 appeals. In 2012, the Ministry of Health was the leader - 2681 appeals.

Comparing the work of commissions (working groups) on combating corruption formed in the executive bodies of state power of the Ulyanovsk region for 2012 and 2014, it should be said that the leader in this direction is the Department of State Property and Land Relations, which held 13 meetings in 2012, which considered a total of 100 questions and -100 specific decisions. In 2014, these Departments held 6 meetings at which 103 issues were considered. But it should be noted that against the background of all executive bodies for the past compared 2012 and 2014, there has been a tendency to reduce the number of meetings of commissions (working groups) on combating corruption (157 in 2012 and 75 in 2014), respectively, and the number of issues considered by them has decreased.

Summing up the activities of the executive authorities of the Ulyanovsk region on the prevention and combating corruption in 2014, with better side the Ministry of Health and Social Development of the Ulyanovsk Region, the Ministry of Education and Science of the Ulyanovsk Region, the Department of State Property and Land Relations are noted. Worse, these issues were resolved in the Ministry of Agriculture and natural resources Ulyanovsk region, in the Ministry of art and cultural policy of the Ulyanovsk region.

One of the key directions of the National Anti-Corruption Plan for 2014-2015, as in 2012-2013, is to ensure the participation of civil society institutions in combating corruption.

In order to implement this task, public councils for the prevention of corruption have been created in all municipalities, which are one of the key links in the current system of elements of the organizational structure for combating corruption in local governments of the Ulyanovsk region (hereinafter referred to as LSG MO). In 2012, there were 438 people in the Councils in the region, including more than 70% - representatives of public organizations from all social strata of the population. As of 2014, there are already about 520 representatives of civil society institutions and employees of municipal bodies in the councils. The main activity of public councils was aimed at achieving such results of work, which are expressed in the adoption of specific decisions, the development of recommendations and proposals addressed to the heads of organizations, institutions, local governments with the establishment of feedback and control over their implementation.

At the same time, it should be noted that the activities of public councils for the prevention of corruption in 2014 in some municipalities decreased slightly compared to 2012. In 2012, a total of 271 meetings of the Public Council for the Prevention of Corruption were held in all Municipalities, at which 965 issues were considered, during which 210 possible zones of corruption risk were identified and 25 officials were brought to disciplinary liability on the recommendation of the Council, with one filed criminal case. In 2014, a total of 188 meetings of the Public Council for the Prevention of Corruption were held in all Municipalities, including with the participation of employees of the Prosecutor's Office and law enforcement agencies and representatives of the media; during the meetings, 409 issues were considered, including in the field of housing and communal services, education, healthcare, construction, current and capital repairs, road repairs and other issues; 20 zones of corruption risk were identified following the meeting of the Corruption Prevention Council; 69 officials of local self-government bodies were brought to administrative responsibility. (See Appendix 4).

Meetings of councils in accordance with the recommendations should be held at least once a month or as needed. However, during the reporting period of 2014, 2 meetings were held in the Veshkaimsky district, 3 in Terengulsky, 4 in Novospassky and Ulyanovsk. public council for the prevention of corruption in 2014 were not carried out at all.

As in the executive bodies of state power, anti-corruption expertise of regulatory legal acts and their drafts, in all municipalities, is entrusted to employees of the legal services of municipalities and is carried out in accordance with the requirements of the governing documents.

This element is aimed at combating and preventing corruption in terms of identifying and subsequently eliminating corruptogenic factors - provisions of regulatory legal acts (hereinafter referred to as RLAs) that establish unreasonably wide margins of discretion for the law enforcement officer or the possibility of unreasonably applying exceptions from general rules, as well as provisions containing vague, difficult and (or) onerous requirements for citizens and organizations and thereby creating conditions for the manifestation of corruption.

During the reporting period of 2014, the number of municipal normative legal acts approved (adopted) by administrations and councils of deputies decreased by 3% compared to the previous year, from 4361 in 2013 to 4261 in 2014. For comparison, in 2012 the number of approved (adopted) normative legal acts was 7615 (in 2011 - 4336). The quality of preparation of resolutions and orders has improved. So, if in 2013 in 543 projects corruption factors were identified (12.4%), then in 2014 - only 204 (4.8%), in 2012 -397 (in 2011 -568). (See Appendix 5).

Information coverage of combating corruption in municipalities is organized in accordance with the possibilities local authorities authorities. The implementation of this area of ​​anti-corruption work is entrusted to specialists of the press services, specialists in public relations of the local self-government of the Ministry of Defense of the Ulyanovsk region, as well as editors of the district official print media (as agreed) and other officials of municipal administrations, whose job regulations include a clause on responsibility for information support of anti-corruption policy measures implemented in LSGs.

In 2014, in total, all municipalities published 389 anti-corruption materials with the direct participation of local governments and placed during the reporting period in the official print media of the municipal district (urban district) or in other print media, of which 2 were on television). In 2012, 974 anti-corruption materials were published, prepared with the participation of employees of local governments and published in the official print media of the municipalities of the Ulyanovsk region (35 of them on television), in 2011 - no more than 650.

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In accordance with the Concept of National Security, approved by the Decree of the President of the Russian Federation of December 17, 1997 No. 1300, corruption is classified as a threat to national security.

In 2006, the Russian Federation ratified the United Nations Convention against Corruption and the Council of Europe Criminal Law Convention on Corruption. In accordance with them, Russia is obliged to conduct an assessment of national legislation in order to prevent corruption.

According to the Concept of Administrative Reform in the Russian Federation in 2006-2010, approved by the Decree of the Government of the Russian Federation of October 25, 2005 No. 1789-r, an indispensable condition for achieving the goals stated in the Concept is the development of effective anti-corruption mechanisms.

The above Concept sets the tasks for state authorities to develop and implement anti-corruption mechanisms, namely:

Create special anti-corruption mechanisms in the areas of activity of state bodies with an increased risk of corruption;

Carry out examinations of normative legal acts and their drafts for corruption;

Create methodological bases for assessing the corruption potential of state functions;

Develop anti-corruption regulatory legal acts.

In order to implement the above tasks, Decree of the President of the Russian Federation dated April 13, 2010 No. 460 approved National Strategy Anti-Corruption and the National Anti-Corruption Plan for 2010-2011.

In accordance with Decree of the President of the Russian Federation dated April 13, 2010 No. 460, the main principles of the National Anti-Corruption Strategy are:

a) recognition of corruption as one of the systemic threats to the security of the Russian Federation;

b) the use of a system of measures in combating corruption, including measures to prevent corruption, to prosecute persons who have committed corruption crimes, and to minimize and (or) eliminate the consequences of acts of corruption, with the leading role at the present stage of measures to prevent corruption;

c) the stability of the main elements of the system of measures to combat corruption, enshrined in the Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption";

d) specifying the anti-corruption provisions of federal laws, the National Anti-Corruption Strategy, the national anti-corruption plan for the relevant period in legal acts of federal executive bodies, other state bodies, state authorities of the constituent entities of the Russian Federation and in municipal legal acts.

On January 10, 2009, Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption” came into force, which establishes the basic principles of combating corruption, the legal and organizational framework for preventing and combating corruption, minimizing and (or) eliminating the consequences of corruption offenses.

The above Federal Law establishes the concept of "corruption" as 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, other property rights for themselves or for third parties, or the illegal provision of such benefits to the specified person by other individuals; commission of these acts on behalf of or in the interests of a legal entity.

In addition, in connection with the adoption of Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption”, appropriate changes were made to a number of federal regulatory legal acts in the field of labor, administrative legislation, and legislation on the civil service.

It should be noted that on July 17, 2009, Federal Law No. 172-FZ “On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” was adopted, in accordance with Article 3 of which, anti-corruption expertise of regulatory legal acts (draft regulatory legal acts) is carried out by the prosecutor’s office the Russian Federation, the federal executive body in the field of justice, bodies, organizations, their officials.

Prosecutors, in the course of exercising their powers, conduct an anti-corruption examination of regulatory legal acts of bodies, organizations, their officials on issues related to:

1) the rights, freedoms and duties of a person and a citizen;

2) state and municipal property, state and municipal services, budgetary, tax, customs, forestry, water, land, urban planning, environmental legislation, licensing legislation, as well as legislation regulating the activities of state corporations, funds and other organizations created by the Russian Federation based on federal law;

3) social guarantees to persons replacing (replacing) state or municipal positions, positions of state or municipal service.

The federal executive body in the field of justice conducts an anti-corruption expertise:

1) draft federal laws, draft decrees of the President of the Russian Federation and draft resolutions of the Government of the Russian Federation, developed by federal executive bodies, other state bodies and organizations - during their legal examination;

2) draft concepts and terms of reference for the development of draft federal laws, draft official reviews and opinions on draft federal laws - during their legal expertise;

3) normative legal acts of federal executive bodies, other state bodies and organizations affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental character, as well as charters of municipalities and municipal legal acts on amendments to the charters of municipal formations - at their state registration;

4) normative legal acts of the subjects of the Russian Federation - when monitoring their application.

Bodies, organizations, their officials conduct anti-corruption expertise of the normative legal acts (drafts of normative legal acts) adopted by them during their legal expertise and monitoring of their application.

Bodies, organizations, their officials, in case of detection in regulatory legal acts (drafts of regulatory legal acts) of corruption factors, the adoption of measures to eliminate which does not fall within their competence, inform the prosecution authorities about this.

In accordance with Article 2 of the Federal Law "On 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, the named 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 state authorities, regulatory legal acts of state authorities of the constituent entities of the Russian Federation and municipal legal acts.

The current normative legal acts of the federal level regulating the issues of combating corruption include:

2) Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”;

3) Federal Law No. 40-FZ of 08.03.2006 “On Ratification of the United Nations Convention against Corruption”;

4) Federal Law of July 25, 2006 No. 125-FZ “On Ratification of the Convention on Criminal Liability for Corruption”;

5) Decree of the President of the Russian Federation of April 8, 1997 No. 305 “On priority measures to prevent corruption and reduce budgetary funds when organizing the purchase of products for state needs”;

6) Decree of the President of the Russian Federation dated May 19, 2008 No. 815 “On anti-corruption measures”;

7) Decree of the President of the Russian Federation of December 18, 2008 No. 1799 “On the Central Authorities of the Russian Federation Responsible for the Implementation of the Mutual Legal Assistance Provisions of the United Nations Convention against Corruption”;

8) Decree of the President of the Russian Federation of December 18, 2008 No. 1800 “On the central authorities of the Russian Federation responsible for the implementation of the provisions of the Criminal Law Convention on Corruption relating to international cooperation”;

9) Decree of the President of the Russian Federation of March 10, 2009 No. 261 “On the Federal Program “Reforming and developing the public service system of the Russian Federation (2009-2013)” (as amended of January 12, 2010 No. 59);

10) Decree of the President of the Russian Federation dated May 12, 2009 No. 537 “On the national security strategy of the Russian Federation until 2020”;

11) Decree of the President of the Russian Federation dated May 18, 2009 No. 557 “On Approval of the List of Federal Public Service Positions, upon appointment to which citizens and upon the replacement of which federal public servants are required to provide information about their income, property and property obligations, as well as information on income, property and obligations of a property nature of their spouse (spouse) and minor children”;

12) Decree of the President of the Russian Federation No. 1065 dated September 21, 2009 “On Verification of the Authenticity and Completeness of Information Submitted by Citizens Applying for Positions in the Federal Public Service and Federal Public Servants, and Compliance by Federal Public Servants with the Requirements for Official Conduct” (as amended by 01/12/2010 No. 59);

13) Decree of the President of the Russian Federation dated September 21, 2009 No. 1066 “On verifying the accuracy and completeness of information provided by citizens applying for holding public positions in the Russian Federation, and persons holding public positions in the Russian Federation, and observing restrictions by persons holding public positions in the Russian Federation "(as amended on 12.01.2010 No. 59);

14) Decree of the President of the Russian Federation of April 13, 2010 No. 460 “On the National Anti-Corruption Strategy and the National Anti-Corruption Plan for 2010-2011”;

15) Decree of the President of the Russian Federation of July 1, 2010 No. 821 “On Commissions for Compliance with the Requirements for Official Conduct of Federal Civil Servants and Settlement of Conflicts of Interest”;

16) Decree of the President of the Russian Federation dated July 21, 2010 No. 925 “On measures to implement certain provisions of the Federal Law “On Combating Corruption”;

17) Decree of the Government of the Russian Federation dated February 26, 2010 No. 96 “On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts”;

18) order of the Ministry of Justice of the Russian Federation dated March 31, 2009 No. 92 “On accreditation of legal entities and individuals as independent experts authorized to conduct an examination of draft regulatory legal acts and other documents for corruption”;

19) order of the Ministry of Justice of the Russian Federation dated April 1, 2010 No. 77 “On the organization of work to conduct anti-corruption expertise of regulatory legal acts of the constituent entities of the Russian Federation and charters of municipalities”.

Corruption is present in most of the world's economies, including the most developed and organized countries. In states whose economic system is undergoing the stage of formation, such phenomena are sometimes not only palpable, they directly affect the prospects for political development. In Russia, corruption forms a problem recognized by many experts and public figures, which, based on the scale of the issues associated with it, will probably have to be solved by the state. What are the practical instruments of the Russian authorities in counteracting this phenomenon? What underlie the activities of departments associated with this area of ​​work of the public administration system?

The relevance of combating corruption

Countering corruption must be implemented, of course, in any country in the world. However, the fight against this phenomenon is of particular importance for states with developing socio-economic systems that are in a state of transit, searching for their own path of development, to which, in all likelihood, Russia also belongs.

An effective fight against corruption in our country is one of the prerequisites for a further system, for improving the economic model so that the crisis tendencies are not as noticeable as it is in a number of areas today. The most important criterion is the implementation of an appropriate policy at the level supreme bodies authorities, that is, in terms of the development and qualified implementation of laws governing anti-corruption measures. There are such sources of law in Russia. Let's study their nature.

Anti-corruption laws

Among the sources of law regulating the issues of anti-corruption policy, it is worth noting:

• Federal Law "On Combating Corruption";
• National plan signed by the President of the Russian Federation;

Let's start studying their features from the second source, since its publication preceded the adoption of the first. Countering corruption in the Russian Federation (according to the document) is a necessity, due to the fact that such negative phenomena prevent the Russian economy and society from developing effectively. Let's study the structure of the National Plan.

national plan

The document in question is divided into several sections. The first one speaks of the need to develop legislative measures aimed at It is worth noting that the adoption of the Federal Law, which we mentioned above, was announced precisely in the National Plan. In the very first section of the document, a definition was given of what anti-corruption is, what kind of activities should be carried out within the framework of relevant activities and by whom. Also in this part of the document, the necessary tasks facing the state were outlined. Let's consider this aspect in more detail - it is this aspect, which, according to many experts, is one of the key ones in the general spectrum of anti-corruption initiatives of the authorities.

State anti-corruption policy

Thus, the issues of combating corruption, to a large extent, undertook to be solved by the Russian state in the person of the highest power institutions. In the National Plan, which we are now considering, the following conceptual theses were set out, reflecting the directions of work in this area. We list the main ones:

• improving the structure of government bodies, optimizing the powers entrusted to each;
• the need to develop anti-corruption measures at the level of formation of environments in which employees of state and municipal bodies perform their labor and official duties;
• approval of a special kind of anti-corruption standards depending on the specific area of ​​social activity;
• guarantee of access to justice, improvement of mechanisms for resolving disputes in pre-trial order.

Also, a number of experts consider the improvement of key legislative acts, such as, for example, the Criminal Code of the Russian Federation, with an emphasis on tightening sanctions related to corruption offenses, as the most important direction of the state anti-corruption policy (as indicated in the relevant section of the National Plan).

In Search of System Perfection

The next element in the structure of the National Plan is section number two. It outlined the essence of what measures should be taken to combat corruption, reflecting the very mechanism for improving public administration structures. What kind of activities were noted in this section of the National Plan? Mainly, it was supposed to concentrate efforts in the areas of using state and municipal property, stimulating competition in the economy, improving the mechanisms of public procurement and government contracts, developing intradepartmental models for detecting corruption.

The lawyer must be qualified

The next group of measures, which contains the National Anti-Corruption Plan, is set out in the third section of the document and is related to improving the professional training of personnel in the field of jurisprudence, as well as work to improve the legal culture of citizens of the Russian Federation. Thus, two areas of work were identified here. The first one (concerning the professional development of personnel) assumed that, first of all, state control over how educational institutions that train lawyers work will be strengthened. In the second direction of work, it was planned that the population of the Russian Federation will have the opportunity to replenish their knowledge in the field of legal issues through specialized media resources.

the federal law

In 2008, the Federal Law on Combating Corruption was adopted (as part of the practical implementation of one of the areas of work set out in the National Plan). Actually, many of the theses that we outlined above have received the appropriate legal status at the official level. Therefore, we will not delve too deeply into theory, but will move on to practical nuances relating to law enforcement practice that reflects the effect of the Federal Law in question.

Ambiguity of interpretations

There is a thesis according to which the Federal Law in question contains norms in such formulations that their practical application in some cases can be carried out selectively (and sometimes the corresponding provisions can be interpreted ambiguously). That is, the legal counteraction to corruption is aimed, according to some experts, largely at achieving certain resonant effects, observed in the examples of high-profile cases and show trials, but the systemic problems are solved very mediocrely.

There is another group of problems. In some cases, the authorities involved in law enforcement practice under the Federal Law under consideration apply its norms, from a formal point of view, correctly, but in fact not entirely appropriate.

For example, there is a case when several large Russian airlines, having hired former employees of state bodies, forgot to notify their previous employers about this, thereby violating the norms of the law, as a result of which they were fined. The sphere of combating corruption, according to some analysts, should not make exceptions in terms of fixing offenses and responding to them. However, the emphasis in conducting relevant activities by the competent authorities should be placed as competently as possible. That is, for example, if all the available human and organizational resources of departments are directed to identifying incorrectly drawn up labor contracts, there will simply be no one to deal with real, significant violations.

Statistics must be correct

Another aspect is statistics. If it is compiled on the basis of precedents such as those recorded in the case of airlines, it is clear that the corresponding figures cannot be interpreted as reflecting the success of the authorities in implementing anti-corruption policies. It is necessary that statistical information reflecting the results of the relevant activities be representative. And it depends, analysts say, not only on the wording in the law, but on the ability of the competent departments to correctly place emphasis in their activities. Although, there is an opposite point of view on this matter. It is based on the priority of the reading mechanism, and not on the interpretation of laws. That is, those fines that were imposed on airlines are completely fair (based on the direct norms specified in the sources of law). All questions, therefore, should be to the legislator.

Business Commitments

An interesting fact is that the plan of measures to combat corruption set out at the level of federal legislation obliges not only state, but also other institutions that are not directly related to the system of power to participate in the practical improvement of the social and economic environment in the aspect of combating this negative phenomenon. First of all, it's a business. Companies, according to a number of provisions in the sources of law, are required to develop and implement anti-corruption measures. Which for example? As an option, an enterprise can develop an internal regulation on combating corruption, develop a code of ethics that reflects the communication of employees with public authorities.

At the same time, as noted by some lawyers, liability for non-compliance with the order in question is not clearly defined in the sources of law. By the way, this is another example of insufficient, in the opinion of a number of experts, elaboration of legislation. Indeed, if an enterprise, say, did not organize an anti-corruption department in its structure or, say, refused to develop a code of ethics, no agency, based on the norms of the law, has the right to oblige the company to take the necessary actions. But, one way or another, the company is obliged to fulfill them. It can do this, for example, using the developed anti-corruption guidelines, which are a list of key principles that it makes sense for businesses to adhere to if they want to combat the negative phenomenon in question. But, as we said above, enterprises have the right to develop their own local norms for the appropriate purpose - to create, for example, a regulation or order on combating corruption.

What can be donated?

Let us turn to the study of the practice of applying specific provisions of the Federal Law "On Combating Corruption". The most interesting prescriptions are contained in the 17th article of the law. It says that an official has no right to receive remuneration for the performance of his functions, expressed in cash, gifts and other preferences. If, however, a citizen or an entrepreneur nevertheless presented a certain value to a civil servant, he undertakes to transfer it, having issued it in accordance with the relevant act, to federal property. But there is an exception: if the value of the gift is less than 3 thousand rubles.

What happens if an official accepts a value, the value of which obviously (with a high probability) exceeds the established amount? In this case, it can be qualified as receiving (and transferring it, respectively, by an individual or organization). The result - most likely, an impressive fine will be issued against violators.

Anti-corruption policy: foreign experience

How is anti-corruption policy organized in other countries? Some experts recommend paying attention to Hong Kong. The Anti-Corruption Commission operating in this country, according to many analysts, is one of the most effective bodies in the world in its profile. This department has developed a number of theses and recommendations regarding the implementation of effective measures in the direction of combating corruption. They are applicable, experts believe, not only in a single country of the world, but in almost any modern state. So what do anti-corruption experts from Hong Kong offer? Literally the following:

• bodies responsible for anti-corruption policy should be independent of the executive branch, excluding the highest official of the state; in the case of Russia, this is the president - only the relevant departments should be accountable to him;
• in the direction of personnel policy in the field of civil service, the principle of selecting the most deserving candidates and retaining the best specialists should be observed;
• bodies responsible for combating corruption should have greater powers in order to disclose possible offenses;
• the country should have a system of strict public oversight of the work of the agency responsible for the relevant area of ​​work;
• the activities of anti-corruption bodies should be proportionate to the possibilities of the country's budget.

How similar is the Russian National Anti-Corruption Action Plan to the corresponding recommendations from Hong Kong? It is difficult to detect an unambiguous trend that reflects the opinions prevailing in the expert community. But if we study certain provisions of the Federal Law, as well as the National Plan, then a certain similarity of the criteria set forth in Russian sources of law and the wording that we have given above can still be fixed. For example, the theses concerning personnel are very close in both the Russian and Hong Kong versions.

Public factor

What can determine the practical success of the implementation of the state anti-corruption policy? Experts believe that this is largely determined by the ability of the authorities to build a dialogue with society as a whole or in its individual environments. It often happens that the emergence of new legislative norms aimed at combating corruption is accompanied by the appearance of unnecessary bureaucracy in departments, sometimes in areas where such phenomena are completely undesirable. For example, in the field of education. Countering corruption in a school or kindergarten, these are phenomena, according to experts, that it is not always appropriate to put on a par with the policy of preventive measures against authorities, related, for example, to budgetary and administrative tasks.

What should be the specialized body?

Despite the fact that in Russia the fight against corruption is a process regulated at the level of federal legislation, in our country there is still no separate body (as in the Hong Kong scenario) that would be independently responsible for the implementation of the relevant direction of state policy. There is an Office for Combating Corruption under the President of the Russian Federation, but it does not have the status of a separate authority. There is a thesis among experts that it would be expedient to create such an agency.

At the same time, according to analysts, the legislator should take a particularly balanced approach to the issue of empowering such a government body. That is, for example, endowing it with the functions of a "police" nature (carrying out arrests, etc.), the authorities can, with a certain probability, provoke disagreements between the activities of the employees of this department and the already existing law enforcement agencies, experts believe.

It is important, analysts say, to focus on pre-emptive rather than reactionary actions. Such phenomena as the fight against corruption closely intersect. That is, we are talking about ensuring that in practice not only compliance with the norms of the law is carried out, but also the interests of business structures that play a crucial role in building the economic system of the state are respected. Recall the case of airlines - it would seem that the authority to hire employees is entirely vested in the internal structures of corporations. However, the law provides for a provision that allows the state to legally, albeit in a limited mode (through fines), but still interfere in the affairs of a private company.

In the work of a single anti-corruption body, which may have to be created by the Russian legislator, the aspect of public control is important. We noted above that with an insufficiently balanced approach to the drafting of regulations and unclear criteria in terms of law enforcement practice, difficulties may arise when, for example, countering corruption in a school or even a kindergarten (from the point of view of the norms of the law) is carried out according to procedures similar to those that are implemented within the framework of activities in the field of interaction between government and business. Probably, analysts believe, more detailed study of regulatory norms will be needed, if only for the reason that educators, as a rule, are not civil servants and officials. Countering corruption in preschool educational institutions, schools is an area, according to lawyers, requiring the publication of fundamentally different sources of law. And this is also one of the tasks facing the Russian authorities.