Anti-corruption violations
W loupotreblenie official (officials) powers for material or other benefits remains a state level of the main problems. And not only in Russia.
In addition to the federal law "On Combating Corruption", current as amended on 16.12. 2019, the constituent entities of the Russian Federation are developing legislative acts of regional significance aimed at preventing this socially dangerous phenomenon, establishing the procedure for punishing corrupt persons.
Bringing to responsibility
To ensure compliance with the law, to protect the guaranteed rights and interests of citizens, scheduled supervisory measures are carried out by authorized bodies, in particular, the prosecutor's office, at a specified frequency.
Regardless of how much time has passed since the last check, anti-corruption control can be carried out unscheduled to investigate the merits and make informed decisions, measures to eliminate violations of the law, and bring the perpetrators to justice in the prescribed manner.
Unscheduled control is carried out:
- on received individual or collective statements (complaints, appeals) of citizens about corruption;
- if it became known from the media about ignoring legal requirements to take anti-corruption measures.
Often violations occur in municipal and state institutions. For example, the requirements of the anti-corruption legislation in terms of the mandatory approval of the list of positions, replacing which, employees must provide reliable data, are not met:
- about all your income, expenses;
- possession of movable, immovable property;
- whether there are liabilities of a property nature.
Such violation of the law leads to the fact that the analysis of the risks of corruption in the performance of official duties by employees is not carried out. It is within the powers of the prosecutor to issue an appropriate submission, which is binding on immediate execution.
The law imposes special requirements on employers. When concluding employment contracts or agreements of a civil nature with employees who were dismissed from the state or municipal service less than 2 years ago, they must inform the authorities at the last place of service of the employee within ten days.
Otherwise and in case of other revealed violations, the prosecutor has the right to:
- to initiate cases of administrative offenses;
- to demand the conduct of an official investigation and to bring the persons who violated the law to disciplinary or criminal liability.
Administrative penalties include:
- collection of a fine;
- administrative arrest;
- disqualification of officials for up to 3 years with a prohibition to engage in certain activities.
For acts (or omissions), qualified as criminally punishable crimes, the perpetrators, taking into account the gravity of the offense, the reasons and circumstances, the severity of the consequences, are brought to justice in the form of:
- penalties;
- deprivation of the right to hold certain positions or engage in certain activities;
- forced or corrective labor;
- restrictions or real imprisonment with the serving of sentences in correctional institutions.
Federal laws establishing the rights and obligations of state and municipal employees provide for disciplinary liability.
After receiving written explanations, an official investigation about the guilt of not taking anti-corruption measures, a decision may be made against the official:
- make a note:
- give a reprimand;
- issue a warning about incomplete job compliance;
- dismiss.
As the analysis of judicial practice in cases related to the application of anti-corruption legislation shows, in each specific situation all the nuances must be taken into account.
Before holding an official accountable for a violation or failure to act that has caused corruption offenses, it is necessary:
- find out the circumstances;
- determine the degree of guilt;
- to establish how much significant damage has been caused to individuals, an enterprise or protected public relations.
04/16/2020
