Decree of the Government of the Russian Federation on Combating Corruption
H ormativno legal acts on combating corruption contain a number of restrictions for the citizens that occupy certain positions. Suppression of corruption is one of the important tasks of the state.
The concept and types of corruption interaction
Corruption is understood as the receipt of any benefit in the form of a gift, bribe, or services in exchange for fulfilling official duties to please the person who turned to the official.
There are several types of corruption offenses:
- household - involves criminal interaction between a citizen and an official;
- business - businessmen, on the one hand, and state or municipal employees, on the other, take part in an illegal transaction;
- corrupt actions of the supreme power - politicians take advantage of their position to the detriment of the interests of voters. The same situation is observed in the supreme courts.
One of the factors condoning the arbitrariness of officials is legal illiteracy of the population - ignorance of laws or inability to apply them in practice.
Who is the subject of the regulation?
In order to counteract the arbitrariness of officials, many legislative acts have been adopted, including government decree No. 568, which imposes restrictions and prohibitions on certain categories of citizens. The document applies to employees:
- The Pension Fund;
- Social Insurance Fund;
- Compulsory Health Insurance Fund;
- other organizations performing tasks for federal government bodies.
Appointments are made by decree of the president or government. All the restrictions specified in the law are imposed with the aim of combating corruption.
Approved bans
In order to counter corruption, employees holding the positions listed in the legislative act are prohibited:
- receive any titles from foreign states, if their work is not directly related to interaction with foreign authorities. Obtaining titles is allowed only with the permission of the management or on duty;
- take part in the management of foreign non-profit organizations, except as provided by the legislation of the Russian Federation or international treaties;
- work for wages received from foreign states, organizations, citizens or stateless persons.
These paragraphs of the decree are aimed at the government's fight against corruption. Government bans also apply to receiving remuneration from any people and organizations, if offered in the course of work. The purpose of anti-corruption is to eradicate bribery and bribery.
Obligations of employees
In order to combat corruption, employees are required to:
- notify the employer and the authorities authorized by the government to combat corruption, attempts to bribery, bribery and other offenses;
- provide information on income and expenses, available property, not only for their own, but also for children, spouses;
- avoid conflicts of interest;
- inform the employer in the event of a personal interest in the process of performing labor duties;
- notify the bosses about gifts, and present gifts worth more than 3,000 rubles to the organization with the possibility of redemption in accordance with legislative acts;
- transfer securities to trust in order to avoid conflicts of interest. For example, an official may dispose of a grant on a competitive basis, and one of the bidders may be an organization whose shares are owned by the same official. In this situation, a conflict of interest arises.
A complete list of positions, in which citizens are required to report their income and expenses, is indicated in the Federal Law on Combating Corruption.
Employees holding managerial positions or positions related to financial and economic management cannot work in the same institution, with or under their relatives.
A responsibility
Regardless of the size of a bribe, criminal liability is provided for giving and accepting it. A bribe means not only money, but also the provision of any services, for example, obtaining a loan on favorable terms or reducing the rent.
Criminal liability includes both pre-planned actions - an agreement between a bribe giver and an official, as well as actions without prior agreement. A bribe is also recognized as a gift in gratitude given for actions / inaction in the interests of the person who applied to the employee.
The bribe giver can avoid liability if he voluntarily reports the fact of the offense to law enforcement agencies. Or if he had to break the law because of the extortion of a gift from an official. If the police learned about this from sources other than the bribe-giver, his subsequent confession will not be accepted in the form of a voluntary notification.
An employer hiring an employee who has held state or municipal positions must inform the former employer of this fact if:
- less than two years have passed since his dismissal;
- the amount of the civil contract is more than 100,000 rubles.
Failure to comply with this requirement is subject to administrative liability and penalties.
What to do if a bribe is extorted
In case of illegal demands from an official, it is necessary:
- remember what exactly is required, what amount, thing, service, how to transfer and in what time frame;
- invite the official to postpone the conversation for another time or make an appointment in a place you know well;
- find out what guarantees the bribe taker gives, as a result of fulfilling his conditions;
- file a complaint with law enforcement agencies as soon as possible, and, if necessary, provide assistance in confirming the fact of bribery.
If possible, the conversation with the extortionist can be recorded on the phone or dictaphone. In the event of a request for a bribe by a law enforcement representative, you need to complain to the organization's own security service.
04/16/2020
