Anti-Corruption Advisory Council. The Presidium of the Council under the President of the Russian Federation and the working groups and commission formed by it as federal specialized anti-corruption bodies: legal regulation and issues of increasing efficiency
MAYOR OF MOSCOW
On the establishment of the Moscow Mayor's Anti-Corruption Council
Document as amended by:
Decree of the Mayor of Moscow of July 20, 2010 N 50-UM (Bulletin of the Mayor and the Government of Moscow, N 43, 03.08.2010);
(Bulletin of the Mayor and the Government of Moscow, N 44, 10.08.2010);
(Bulletin of the Mayor and the Government of Moscow, N 30, 24.05.2011);
Decree of the Mayor of Moscow dated July 22, 2011 N 55-UM (Bulletin of the Mayor and the Government of Moscow, N 43, 08/01/2011);
Decree of the Mayor of Moscow of March 14, 2012 N 11-UM (Bulletin of the Mayor and the Government of Moscow, N 17, 03/23/2012);
Decree of the Mayor of Moscow of April 28, 2012 N 23-UM (Bulletin of the Mayor and the Government of Moscow, N 27, 07.05.2012);
Decree of the Mayor of Moscow of March 4, 2013 N 14-UM (Bulletin of the Mayor and the Government of Moscow, N 15, 12.03.2013);
(Bulletin of the Mayor and the Government of Moscow, N 67, 03.12.2013).
(Official website of the Mayor and the Government of Moscow www.mos.ru, 15.04.2014);
(Official website of the Mayor and the Government of Moscow www.mos.ru, 02.02.2016);
(Official website of the Mayor and the Government of Moscow www.mos.ru, 28.04.2016);
(Official website of the Mayor and the Government of Moscow www.mos.ru, 28.09.2016);
(Official website of the Mayor and the Government of Moscow www.mos.ru, 03/28/2017);
(Official website of the Mayor and the Government of Moscow www.mos.ru, 06.03.2018);
(Official website of the Mayor and the Government of Moscow www.mos.ru, November 29, 2018).
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In order to create a system to combat corruption in the executive authorities of the city of Moscow and eliminate the causes that give rise to it:
1. Create an Anti-Corruption Council under the Mayor of Moscow.
The Mayor of Moscow is the Chairman of the Moscow Mayor's Anti-Corruption Council.
2. Approve the composition of the Anti-Corruption Council under the Mayor of Moscow (Appendix 1).
from February 13, 2015 by Decree of the Mayor of Moscow dated February 2, 2016 N 4-UM.
3. Approve the Regulations on the Anti-Corruption Council under the Mayor of Moscow (Appendix 2).
4. To resolve current issues of the activities of the Council under the Mayor of Moscow for Combating Corruption, establish the presidium of the Council under the Mayor of Moscow for Combating Corruption (the item was additionally included from August 10, 2010 by decree of the Mayor of Moscow dated August 2, 2010 N 55-UM).
5. Approve the composition of the Presidium of the Council under the Mayor of Moscow for Combating Corruption (Appendix 3).
(The paragraph is additionally included from August 10, 2010 by decree of the Mayor of Moscow dated August 2, 2010 N 55-UM from February 13, 2015 by decree of the Mayor of Moscow dated February 2, 2016 N 4-UM.
6. The clause became invalid from April 3, 2012 - Decree of the Mayor of Moscow dated March 14, 2012 N 11-UM ..
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Clauses 4, 5 of the previous edition from August 10, 2010 are considered, respectively, clauses 7, 8 of this edition - Decree of the Mayor of Moscow dated August 2, 2010 N 55-UM.
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7. Entrust the organizational and technical support of the activities of the Council under the Mayor of Moscow for Combating Corruption and the Presidium of the Council for Combating Corruption under the Mayor of Moscow to the Department of Regional Security and Combating Corruption of the City of Moscow.
(Paragraph as amended, put into effect on May 24, 2011 by decree of the Mayor of Moscow dated May 16, 2011 N 37-UM; as amended by decree of the Mayor of Moscow dated April 15, 2014 N 18-UM.
8. I reserve control over the implementation of this decree.
Mayor of Moscow
Yu.M. Luzhkov
since February 13, 2015
Decree of the Mayor of Moscow
dated February 2, 2016 N 4-UM. -
See previous edition)
Composition of the Anti-Corruption Council under the Mayor of Moscow
The Chairman of the Council is the Mayor of Moscow.
Vice Presidents of the Council:
Deputy Mayor of Moscow in the Government of Moscow - Head of the Office of the Mayor and the Government of Moscow;
Deputy Mayor of Moscow in the Government of Moscow for regional security and information policy.
Executive Secretary of the Council - Minister of the Government of Moscow, Head of the Department of Regional Security and Anti-Corruption of the City of Moscow.
Decree of the Mayor of Moscow dated November 29, 2018 N 88-UM.
Council Members:
Head of the Main Control Department of the city of Moscow;
Head of the Department of Civil Service and Personnel of the Moscow Government;
Deputy Head of the Department of Regional Security and Anti-Corruption of the City of Moscow;
Chairman of the Chamber of Control and Accounts of Moscow (as agreed);
Head of Department Federal Service security Russian Federation in the city of Moscow and the Moscow region (as agreed);
Head of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the city of Moscow (as agreed);
Head of the Military Investigation Department of the Investigative Committee of the Russian Federation for the city of Moscow (as agreed);
(The hyphen in the wording put into effect on April 8, 2017 by decree of the Mayor of Moscow dated March 27, 2017 N 22-UM.
Chairman of the Public Chamber of the city of Moscow (as agreed).
(as amended in
effective from April 3, 2012
Decree of the Mayor of Moscow
dated March 14, 2012 N 11-UM. -
See previous edition)
Regulations on the Anti-Corruption Council under the Mayor of Moscow
1. The Regulations on the Anti-Corruption Council under the Mayor of Moscow (hereinafter referred to as the Regulations) determine the procedure for the activities of the Council under the Mayor of Moscow on Combating Corruption (hereinafter referred to as the Council) and the presidium of the Council under the Mayor of Moscow on Combating Corruption (hereinafter referred to as the Presidium of the Council), while:
1.1. The Council is a permanent coordinating body under the Mayor of Moscow.
1.2. The Council in its activities is guided by the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the laws of the city of Moscow and other legal acts of the city of Moscow, as well as these Regulations.
1.3. The Council carries out its activities in cooperation with the Office of the President of the Russian Federation for Combating Corruption.
(Clause 1 as amended, put into effect on February 13, 2015 by Decree of the Mayor of Moscow dated February 2, 2016 N 4-UM.
2. The tasks of the Council are:
2.1. Ensuring the implementation of decisions of the Council under the President of the Russian Federation for combating corruption and its presidium.
2.2. Ensuring the coordination of the activities of the executive authorities of the city of Moscow, other government agencies Moscow city and authorities local government municipalities in the city of Moscow for the implementation public policy in the field of combating corruption, interaction with federal government agencies in the implementation of anti-corruption measures in the city of Moscow.
2.3. Ensuring the interaction of executive authorities of the city of Moscow and local governments of intracity municipalities in the city of Moscow with citizens, civil society institutions, the media, scientific organizations on combating corruption in the city of Moscow.
2.4. Preparation of proposals to the Mayor of Moscow on the implementation of state policy in the field of combating corruption.
2.5. Informing the public about the work to combat corruption carried out by the executive authorities of the city of Moscow.
2.6. Coordination of the implementation of measures provided for by the anti-corruption plans in the executive authorities of the city of Moscow and in the Office of the Mayor and the Government of Moscow, and control over their implementation.
(Clause 2 as amended, put into effect on February 13, 2015 by Decree of the Mayor of Moscow dated February 2, 2016 N 4-UM.
3. The Council, in order to fulfill the tasks assigned to it, shall exercise the following powers:
3.1. Prepares proposals for the Mayor of Moscow on improving the legislation of the city of Moscow on combating corruption.
3.2. Develops measures to combat corruption, as well as to eliminate the causes and conditions that give rise to corruption.
3.4. Organizes:
3.4.1. Preparation of draft normative legal acts of the city of Moscow on anti-corruption issues.
3.4.2. Development of the Anti-Corruption Plan in the city of Moscow, anti-corruption plans in the executive authorities of the city of Moscow and in the Office of the Mayor and the Government of Moscow, the work plan of the Council, as well as control over their implementation, including by monitoring the effectiveness of the implementation of anti-corruption measures provided for by these plans.
(Clause 3.4.2 as amended, entered into force on April 8, 2017 by Decree of the Mayor of Moscow dated March 27, 2017 N 22-UM.
3.4.3. Preparation of an annual report on activities in the field of combating corruption, posting it on the official website of the Mayor and the Government of Moscow on the Internet information and telecommunication network, publishing it in the media and sending it to federal government agencies (at their request).
3.5. Takes measures to identify (including on the basis of citizens' appeals, information disseminated by the media, protests, submissions, instructions from federal state bodies) the causes and conditions that give rise to corruption and create administrative barriers.
3.6. Assists in the development of public control over the implementation of the Anti-Corruption Plan in the city of Moscow, anti-corruption plans in the executive authorities of the city of Moscow and in the Office of the Mayor and the Government of Moscow.
3.7. If necessary, invites representatives of federal state bodies, executive authorities of the city of Moscow, other state bodies of the city of Moscow and local government bodies of intracity municipalities in the city of Moscow, public and other organizations, mass media to meetings of the Council.
3.8. Requests and receives in due course necessary materials from federal state bodies, executive authorities of the city of Moscow, other state bodies of the city of Moscow and local authorities of intracity municipalities in the city of Moscow, public and other organizations.
(Clause 3 as amended, put into effect on February 13, 2015 by Decree of the Mayor of Moscow dated February 2, 2016 N 4-UM.
4. Meetings of the Council are held as necessary, as a rule, once a quarter, but at least once every six months.
(Clause as amended by Decree of the Mayor of Moscow dated November 29, 2018 N 88-UM.
5. Council meetings are chaired by the Chairman of the Council or one of his deputies.
6. The rules of procedure for the work of the Council are established by it independently.
7. Members of the Council take part in its work on a voluntary basis.
8. Decisions of the Council are documented in minutes.
9. For the implementation of the decisions of the Council, decrees, orders and instructions from the Mayor of Moscow may be issued.
10. The executive secretary of the Council is entrusted with the following functions: organization of the activities of the Council, preparation of information and analytical and other materials necessary for consideration at the meetings of the Council, draft decisions, work plan of the Council, as well as organizing the resolution of issues related to the involvement of information and analytical and expert works of representatives of public associations, scientific and other organizations; interaction with members of the Council, as well as employees of the executive authorities of the city of Moscow, other state bodies, local authorities of intracity municipalities in the city of Moscow, responsible for preparing proposals and conclusions on issues considered at meetings of the Council.
(Paragraph as amended, put into effect on April 8, 2017 by Decree of the Mayor of Moscow dated March 27, 2017 N 22-UM.
10(1). The work plan of the Council is approved annually. The prepared work plan of the Council for the next year is considered at a meeting of the Council and approved by the Chairman of the Council no later than one month before the expiration of the work plan of the Council for the current year.
Decree of the Mayor of Moscow dated March 27, 2017 N 22-UM)
11. Presidium of the Council:
11.1. Forms the agenda of the Board meeting.
11.2. Considers issues related to the implementation of the decisions of the Council, including the progress in the implementation of measures provided for by the plans for combating corruption in the executive authorities of the city of Moscow.
11.3. Hears the heads of executive authorities of the city of Moscow on the progress of the implementation of measures provided for by the plans for combating corruption in the executive authorities of the city of Moscow.
11.4. Creates working groups on certain issues from among representatives of the executive authorities of the city of Moscow, other state bodies, local governments of intra-city municipalities in the city of Moscow, public and other organizations.
11.5. Determines the directions of activity of the created working groups, and also approves their leaders.
11.6. Considers the issues of compliance with the requirements for official (official) behavior of persons holding public positions in the city of Moscow (with the exception of the Mayor of Moscow, deputies of the Moscow City Duma) and positions of the state civil service of the city of Moscow, appointment and dismissal of which is carried out by the Mayor of Moscow, and conflict resolution interests.
11.7. Considers applications from citizens who have held government positions in the city of Moscow (with the exception of the Mayor of Moscow, deputies of the Moscow City Duma) or positions in the state civil service of the city of Moscow, appointment to and dismissal from which is carried out by the Mayor of Moscow, on giving consent to filling positions in commercial or non-profit organization and (or) to perform work in such an organization (render services to such an organization) on the terms of a civil law contract in cases provided for by law, if certain functions of state management of this organization were included in their official (service) duties, up to expiration of two years from the date of dismissal from the public office of the city of Moscow or dismissal from the state civil service of the city of Moscow.
(Clause 11.7 as amended by Decree of the Mayor of Moscow dated November 29, 2018 N 88-UM.
11.7(1). Considers a notification received in accordance with Part 4 of Article 12 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" and Article 64.1 of the Labor Code of the Russian Federation, a commercial or non-profit organization on the conclusion with a citizen who replaced the position of the state civil service of the city of Moscow, appointment to and release from which is carried out by the Mayor of Moscow, an employment or civil law contract for the performance of work (the provision of such an organization of services), if certain functions of state management of this organization were included in his official (official) duties performed during the replacement positions of the state civil service of the city of Moscow in the state body of the city of Moscow, provided that the presidium of the Council previously refused to enter the labor and civil law relations with this organization or that the presidium of the Council did not consider the issue of giving consent to such a citizen to fill a position in a commercial or non-profit organization under the terms of an employment contract or to perform work on the terms of a civil law contract in a commercial or non-profit organization.
(The paragraph was additionally included from April 8, 2017 by Decree of the Mayor of Moscow dated March 27, 2017 N 22-UM; as amended by Decree of the Mayor of Moscow dated November 29, 2018 N 88-UM.
11.8. Considers applications of persons holding public positions in the city of Moscow (with the exception of the Mayor of Moscow, deputies of the Moscow City Duma) or positions of the state civil service of the city of Moscow, appointment to and dismissal from which is carried out by the Mayor of Moscow, as well as persons holding municipal positions in the city of Moscow or position of the head of administration of an intracity municipality in the city of Moscow under a contract (hereinafter referred to as the position of head of administration under a contract), about the impossibility for objective reasons to provide information on income, expenses, property and property obligations of his wife (spouse) and minor children.
(Clause as amended by Decree of the Mayor of Moscow dated November 25, 2013 N 129-UM by Decree of the Mayor of Moscow dated March 2, 2018 N 10-UM.
11.9. Considers the application of a person holding a public office of the city of Moscow (with the exception of the Mayor of Moscow, deputies of the Moscow City Duma) or a position of the state civil service of the city of Moscow, appointment to and dismissal from which is carried out by the Mayor of Moscow, as well as a person filling the position of the head of an intracity municipality in the city of Moscow, the acting head of administration, or the position of head of administration under a contract, about the impossibility to fulfill the requirements of the Federal Law of May 7, 2013 N 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments" in connection with the arrest, prohibition of disposal imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state the territory in whose territory the accounts (deposits) are located, cash is stored Money and valuables in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances that do not depend on his will or the will of his wife (spouse) and minor children.
(Clause 11.9 was additionally included from May 9, 2016 by Decree of the Mayor of Moscow dated April 28, 2016 N 22-UM; as amended, put into effect on March 17, 2018 by decree of the Mayor of Moscow dated March 2, 2018 N 10-UM.
11.10. Considers notifications sent to the Mayor of Moscow and submitted for consideration by the Presidium of the Council about the occurrence of personal interest in the performance of official (official) duties, which leads or may lead to a conflict of interest.
(Clause 11.10 is additionally included from May 9, 2016 by Decree of the Mayor of Moscow dated April 28, 2016 N 22-UM)
11.11. Considers the results of control over the expenses of persons holding certain public positions in the city of Moscow, and other persons.
(Clause 11.11 is additionally included by Decree of the Mayor of Moscow dated September 27, 2016 N 58-UM)
12. The meeting of the Presidium of the Council is chaired by the Chairman of the Presidium of the Council or, on his behalf, one of the members of the Presidium of the Council.
13. To implement the decisions of the Presidium of the Council, instructions from the Mayor of Moscow may be given.
14. Decisions of the Presidium of the Council are documented in minutes, which are signed by the Chairman and Secretary of the Presidium of the Council.
(Paragraph as amended, put into effect on May 9, 2016 by Decree of the Mayor of Moscow dated April 28, 2016 N 22-UM.
15. Organizational support for the activities of the Council and the Presidium of the Council is carried out by the Department of Regional Security and Anti-Corruption of the City of Moscow.
(Clause as amended by Decree of the Mayor of Moscow dated April 15, 2014 N 18-UM.
(As amended by
since February 13, 2015
Decree of the Mayor of Moscow
dated February 2, 2016 N 4-UM. -
See previous edition)
Composition of the Presidium of the Council under the Mayor of Moscow for Combating Corruption
Chairman of the Presidium of the Council - Deputy Mayor of Moscow in the Government of Moscow for regional security and information policy.
Deputy Chairman of the Presidium of the Council - Minister of the Government of Moscow, Head of the Department of Regional Security and Anti-Corruption of the City of Moscow.
(Paragraph as amended by Decree of the Mayor of Moscow dated November 29, 2018 N 88-UM.
Secretary of the Presidium of the Council - Deputy Head of the Department of Regional Security and Anti-Corruption of the City of Moscow.
Members of the Presidium of the Council:
First Deputy Heads of the Apparatus of the Mayor and the Government of Moscow;
Head of the Legal Department of the Government of Moscow;
Head of the Department of Civil Service and Personnel of the Moscow Government.
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
Hello, friends. Today we will talk about such a hot topic for Russia as corruption. The phenomenon that has swept the world has not bypassed our country. The complexity of the problem is discussed today at the highest level.
Various measures are being taken to resolve. Along with the law on the fight against corruption, there are other normative acts, in particular, national plans developed for two years, presidential decrees, etc. For the same purpose, special committees, agencies, and councils have been created in the country.
This article will focus on such a structure as the Presidential Council for Combating Corruption. What is the history of its creation, what goals does it pursue, who is included in the composition, how are decisions made? Let's try to answer these questions.
How it all began
the federal law on Combating Corruption was adopted in Russia less than 10 years ago - in 2008. However, the struggle against the phenomenon that engulfed the country after the collapse of the USSR began much earlier. Back in 1992, the country's first president, Boris Yeltsin, issued a decree on the fight against corruption, which announced a ban on government officials from engaging in entrepreneurial activities.
From the moment Vladimir Putin came to power in 2000, a systemic opposition to this phenomenon began. In the absence of a law, the President created the Anti-Corruption Council. Speaking about the importance of establishing this advisory body, Putin explained that the Council would identify the causes and conditions for corruption and build a policy to counteract it.
However, in 2007 this presidential decree on the Council became invalid. Instead, in 2008 it was created new Council under the President - to combat corruption. The state at that moment was headed by Dmitry Medvedev.
This body operates to this day, being an important link in the fight against corruption.
Tasks and structure
The name of the Council essentially denotes its main goal - combating corruption. Its tasks include:
- First, the development of proposals to the president.
- Secondly, coordination of activity of regional and municipal bodies.
- Thirdly, control over how the activities outlined in the National Anti-Corruption Plan are carried out.
Recall that the plans are adopted by presidential decree for every two years - the current one is defined for 2016-2017.
The composition of the Council determines what decisions it will take and what proposals it will submit to the president for consideration. To date, this body includes 29 people.
It is headed by the president of the country, he also claims who exactly is on the council. The structure has its own presidium, its numerical strength is 17 people. Today, it is headed by the head of the Presidential Administration, Anton Vaino (until August 2016, Sergey Ivanov was the chairman).
Among the members of the Council are the Chairman of the Accounts Chamber Tatyana Golikova, Mayor of Moscow Sergey Sobyanin, Attorney General Yuri Chaika, member of the Public Chamber of the Russian Federation Anatoly Kucheren and others. The FSB, the Investigative Committee, the Constitutional Court, the Ministries of Internal Affairs and Justice, the Supreme Court are represented on the council.
Members of the council participate on a voluntary basis, decisions are made at meetings. Each meeting is documented in minutes.
Experience, personal files, reports
In order to have clearer information about the activities of the council, we can briefly describe what specific issues are considered at meetings.
In August, for example, members of the presidium heard a report from the Minister of Education and Science, Olga Vasilyeva. She told what kind of anti-corruption work is being carried out in institutions subordinate to the ministry. She also presented printed materials published at universities on a given topic.
Moscow Mayor Sergei Sobyanin shared his experience in organizing work in financial structures that excludes conditions for corruption. Also at the presidium, several personal cases of high-ranking officials were considered, in whose activities the so-called "conflict of interest" was seen - one of the signs of corrupt activities.
Earlier, at a meeting of the presidium, examples of compensation for damage by persons convicted of corruption and fines applied to them were considered.
As part of the implementation of the activities of the National Plan, the issue of cooperation with GRECO (an organization established by the Council of Europe) in matters of solving cases of bribery of foreign officials and combat this phenomenon.
Recall that in January 2016, Vladimir Putin took part in the council, who spoke to its members, talking about what has been done in the country to combat corruption, what is the situation with this negative phenomenon, and also outlined measures to combat it in the near future. Special attention was given to the seizure of assets located abroad.
If you are interested in getting more detailed information about the council, the presidium and meetings of this body, go to the kremlin.ru website, where all the latest news is published.
Who else joined the fight
According to the president, the activity of the council allows you to quickly and effectively address issues of combating corruption. It can be noted that in Russia this is not the only structure fighting the evil that has gripped the country. We are not talking about the Prosecutor General's Office or internal affairs bodies and courts.
In addition to the presidential council under consideration today, the National Anti-Corruption Committee, the Anti-Corruption Agency in the Russian Federation, and others are also involved in this issue.
Public organizations are being created with such a struggle as their goal, hot line under the Civic Chamber of the Russian Federation, there is even a media outlet, the so-called "First Anti-Corruption Media".
The presence of all these structures, the wave of detentions of representatives of the bureaucratic elite, law enforcement agencies, the adoption of national plans - all this is evidence of the fight against corruption in our country. Although it is still too early to talk about real results.
To what extent, in your opinion, is the Council under the President working effectively? Is it possible to overcome corruption in our country.
We will be glad to hear your opinion on the topics covered in the article. Visit our website, leave comments, share your experience.
A meeting of the Anti-Corruption Council under the President of the Russian Federation was held. During the meeting, further steps to improve the state anti-corruption policy were discussed.
During the speech, President of the Russian Federation V.V. Putin noted that the anti-corruption legislation that has developed in recent years and the practice of its application meet international standards.
Many effective anti-corruption measures have been taken, mechanisms have been introduced that help to identify corruption schemes at any level, work purposefully, and respond in time. Nevertheless, it is necessary to move on, to solve the tasks set in the Address to the Federal Assembly of the Russian Federation.
In particular, the Decree of the President of the Russian Federation dated December 22, 2015 No. 650 “On the procedure for reporting by persons holding certain public positions of the Russian Federation, positions of the federal public service, and other persons about the occurrence of personal interest in the performance of official duties, which leads to or may lead to a conflict of interest, and on amendments to certain acts of the President of the Russian Federation.” This legal document established mechanisms for disclosing information about the personal interest of an employee, bringing violators to justice, up to and including dismissal due to loss of confidence.
In addition, according to V.V. Putin, the key task remains the formation of an anti-corruption legal consciousness in society.
Head of the Administration of the President of the Russian Federation and Chairman of the Presidium of the Council under the President of the Russian Federation for Combating Corruption S.B. Ivanov reported on the main results of the implementation of the National Anti-Corruption Plan for 2014-2015. Within the framework of this document, a whole range of measures of legal and organizational nature. One of the most important results is the formation of a system of anti-corruption units in the authorities at all levels. The procedure for turning property into state revenue following the results of spending control has been launched - this was done for the first time. Based on the analysis of law enforcement practice, a number of changes were made to the legislation. For example, starting from 2015, there was an obligation to disclose information about property when first entering the civil service, thus the origin of the property of an employee becomes more transparent.
Expanded the list of persons who are prohibited from holding foreign accounts and securities. Now this requirement applies to all persons involved in the preparation of decisions affecting issues of the country's sovereignty and national security. In addition, deputies of regional and local parliaments may now lose their mandates for non-compliance with anti-corruption prohibitions.
An equally important legislative innovation is the measures to prevent conflicts of interest, which apply equally to all officials without exception. For all categories of state and municipal employees, a ban on commercial activities has been established. Their participation in the management of any business entity or entity is unacceptable.
In November 2015, the rules for monitoring the implementation of large infrastructure projects in terms of the presence of corruption risks were put into effect. The rules establish that the Ministry of Economic Development of Russia checks the main financial parameters of such projects, and also promptly receives information about the results of investment and competitive procedures. Reports on monitoring results are quarterly reported to the Government of the Russian Federation and to the Accounts Chamber of the Russian Federation. Along with organs state power anti-corruption system established in central bank Russian Federation, state corporations and companies with state participation.
At the Academy of National Economy and Public Administration under the President of the Russian Federation, the Scientific and Educational Center for Combating Corruption was launched. More than three thousand federal civil servants of anti-corruption departments have already been trained at this center. In general, more than 20,000 municipal and state employees undergo advanced training under anti-corruption programs every year.
As part of the fulfillment of the tasks of the National Anti-Corruption Plan, in order to further reduce administrative pressure on business, rules are being prepared for joint inspections of control and supervisory bodies within the framework of the Unified Register of Inspections that has entered into force. Preparations are underway for the introduction of software products for the automated filling and processing of statements of income and expenses throughout the system of the civil service. Issues related to the concept of foreign financial instruments are regulated. The development of local acts on the prevention of corruption in organizations subordinate to federal authorities was ensured.
Significant anti-corruption work is being carried out at the international level. In November 2015, a conference of states parties to the UN Convention on Combating Corruption was held in St. Petersburg, among the participants of which were 160 official delegations of foreign states and representatives of about a hundred different international and non-governmental organizations.
The results of the conference once again confirmed the recognition by the world community of the success of our country in anti-corruption activities, and the adopted St. Petersburg Statement on encouraging public-private partnership in preventing and combating corruption is based on the best Russian developments in this area. The conference also determined the prospects for the development of cooperation under the auspices of the UN.
During the meeting, they discussed priority areas new National Anti-Corruption Plan for 2016-2017. In particular:
Strengthening work to prevent conflicts of interest, taking into account changes in legislation and due to the tasks set by the head of state, especially at the level of the constituent entities of the Russian Federation and municipalities;
Development of measures to ensure the inevitability of the property liability of corrupt officials and the creation of civil law mechanisms for the recovery of dubious property when it is revealed during the investigation of corruption criminal cases;
Organization of an effective fight against corruption at the level of the constituent entities of the Russian Federation, including the provision of practical, consulting, methodological assistance to them, monitoring the effectiveness of their work.
In conclusion, the participants of the meeting noted that effective fight corruption is impossible without the participation of civil society.
The Anti-Corruption Council was established by Decree of the President of the Russian Federation in May 2008 with the aim of creating a system for combating corruption in the country and eliminating its causes.
Kabanov Pavel Alexandrovich, Doctor of Law, Director of the Anti-Corruption Research Institute of the Institute of Economics, Management and Law (Kazan).
For the first time, from a criminological standpoint, the paper describes the legal regulation of the activities of the Presidium of the Council under the President of the Russian Federation for Combating Corruption, the auxiliary working bodies (groups and commissions) formed by it, examines and evaluates the specifics of their activities, and also proposes measures to improve their activities. Among the main measures to improve the efficiency of the activities of the Presidium of the Council under the President of the Russian Federation for Combating Corruption, it is proposed to bring the provision on it in accordance with the current Russian federal legislation on public service and anti-corruption legislation, and in order to increase the efficiency of the auxiliary working bodies (groups and commissions) formed by it, it is necessary to develop regulations on them with fixing in them the goals and objectives of the activity, uniform requirements for personnel, etc.
Key words: corruption, anti-corruption, council, council presidium, conflict of interest, civil service, civil servant, working group, commission.
Presidium of the Russian Federation President "s council and established working teams and committee as the federal specialized anti-corruption authorities: legal regulation and raise of their efficiency
The author of the article describes legal regulation of anticorruption activities performed by the Presidium of the Russian Federation President's Council and support facilities (teams and committees) from the point of view of criminology. The author also describes and analyzes specific features of their activity and proposes his own ways to improve it. One of such ways to raise efficiency of the Presidium of the Russian Federation President's Council in the sphere of corruption is to bring this provision into compliance with the current federal laws about state service and corruption. In order to raise the efficiency of activities performed by supportfacilities (teams and committees) it is necessary to establish certain legal provisions that would fix the purposes and tasks of their activities as well as unified requirements for the personnel and etc.
Key words: corruption, fight against corruption, committee, presidium, council, conflict of interests, state service, state officer, working team.
Countering corruption is a complex, consistent, multi-level and multi-aspect activity of public authorities, local governments, civil society institutions and the entire population. To implement this function of modern Russian state reliable tools and mechanisms for combating corruption are being developed and specialized federal, regional, departmental and municipal anti-corruption bodies are being created. Among the anti-corruption bodies, a special place is occupied by the Anti-Corruption Council under the President of the Russian Federation (hereinafter referred to as the Council. - Author's note - P.K.), whose powers include the solution of the following tasks: a) preparation of proposals to the President of the Russian Federation regarding the development and implementation of state policy in the field of combating corruption (formation of state anti-corruption policy); b) coordination of activities federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments of municipalities for the implementation of state policy in the field of combating corruption (coordination of anti-corruption activities); c) control over the implementation of measures provided for by the National Anti-Corruption Plan (control over the implementation of anti-corruption policy)<1>. The Council is headed by the President of the Russian Federation, who also forms its composition to solve the main tasks. The number of members of the council changed several times, but at the beginning of October 2012 its number was 29 people<2>.
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To ensure the solution of the tasks assigned to the Council, a permanent body was created under it - the Presidium of the Council under the President of the Russian Federation for Combating Corruption (hereinafter referred to as the Presidium. - Author's note - P.K.) with special competence and several functions. The main functions of the Presidium can be divided into two groups: a) technical support for the activities of the Council (formation of the agenda of Council meetings and the creation of working groups (commissions) on some of the most complex and important issues of implementing state policy in the field of combating corruption); b) functional support efficient operation council (consideration of issues related to the implementation of the decisions of the Council and the exercise of the powers of the commission to comply with the requirements for official conduct and the settlement of conflicts of interest in relation to a certain category of officials of public authorities). Of course, these functions of the Presidium are interconnected and interdependent. At the beginning of October 2012, the Presidium of the Council included 17 people - all representatives of federal government bodies.
Referring to the analysis of the work of the presidium, judging by the available information posted on the website of the Council, and individual publications in the mass media, it should be noted that this body met relatively often, as a rule, once a month to consider current issues. Judging by official data, from June 24, 2010 to October 1, 2012, the Presidium of the Council met for its meetings 17 times (according to unofficial data, about 30 times. - Author's note - P.K.), as a rule, to consider current issues related to the implementation of measures provided for by the National Anti-Corruption Plan. At the same time, only twice at a meeting of the Presidium of the Council were considered materials related to the exercise of the powers of the commission on compliance with the requirements for official conduct of federal civil servants and the settlement of conflicts of interest (September 28, 2010 and May 24, 2011). It is possible that in the future the practice of using the presidium of the council as a body for compliance with the requirements for the official conduct of federal civil servants and the settlement of conflicts of interest will be expanded. However, here contradictions become apparent between the decree of the President of the Russian Federation, which regulates the activities of the presidium as a body for compliance with the requirements for official conduct of civil servants and the settlement of conflicts of interest, and the provisions of federal legislation on public civil service and on combating corruption. In particular, the provisions of paragraph 6 of Art. 19 of the Federal Law "On the State Civil Service in the Russian Federation"<3>, providing for requirements for the personnel of the body that considers received materials on non-compliance by civil servants with the requirements for official conduct and settlement of conflicts of interest. This rule expressly states that the number of independent experts should be at least one quarter of total number members of the body considering the relevant materials. This provision of the legislation on public service is fully combined with the principle of federal anti-corruption legislation, provided for in paragraph 7 of Art. 3 of the Federal Law "On Combating Corruption" - cooperation between the state and civil society institutions in combating corruption<4>.
<3>Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service in the Russian Federation" // SZ RF. 2004. N 31. Art. 3215.
<4>Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" // SZ RF. 2008. N 52 (part 1). Art. 6228.
In our opinion, there are two ways to resolve this contradiction. One is aimed at preserving the named function for the Presidium of the Council, but for this it is necessary to introduce into its composition competent representatives of the expert community who are members of the Council (A.G. Kucheren, G.P. Okorokova, V.N. Rudenko, T.Ya. Khabrieva , L.I. Yakobson). Another way involves the creation of a Commission to comply with the requirements for official conduct of federal civil servants and the settlement of conflicts of interest for a certain category of officials. This commission can carry out its activities either under the President of the Russian Federation, or under the Council, or under the Presidium of the Council. In our opinion, the second way is preferable, since it will be more in line with both the legislation on the state civil service and the federal anti-corruption legislation.
It should be noted that one of the main functions of the presidium - the formation of the agenda of the meeting of the Council - is purely technical and is not of particular scientific and practical interest. This is due to the fact that the meetings of the Council since its formation were held only 5 times (September 30, 2008, March 10, 2009, April 6, 2010, January 13, 2011, March 14, 2012) and the specifics of the formation of the agenda due to the regulations for holding such meetings on other issues. At the same time, the creation by the presidium of working groups (commissions) on certain issues of its activities may cause a certain interest in organizing the work of both regional and municipal specialized anti-corruption bodies with competence similar to their level. This is due to the fact that at the level of the constituent entities of the Russian Federation, the process of creating similar working bodies that ensure the work of anti-corruption councils under the heads of regions is still ongoing.<5>.
<5>Decree of the President of the Republic of Tatarstan dated June 2, 2012 N UP-415 "On the Republican expert group on combating corruption" // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and regulations of the republican executive authorities. 2012. N 43. Art. 1457; Decree of the Committee for Youth Policy and Interaction with Public Organizations of the Government of St. Petersburg dated June 29, 2012 N 40-r "On approval of the composition of the working group". The document is in the personal archive of the author.
As stated in the very normative legal act regulating the activities of the Presidium of the Council, in order to solve the tasks assigned to it, it can create working groups (commissions) on certain issues from various categories of the population. The working groups and commissions may include: a) Council members; b) representatives of state bodies; c) representatives of public associations and organizations; d) experts; e) scientists; e) experts.
At the beginning of October 2012, two working groups and one commission were established under the Presidium of the Council. The first working body of the presidium was the working group created by its decision of April 6, 2010 on interaction with civil society structures chaired by a member of the Council and the Presidium of the Council of the Minister of Justice of Russia A.V. Konovalov numbering 35 people. The purpose of creating this commission is obvious - to develop proposals to the Presidium of the Council and the Council on ensuring the interaction of public authorities with civil society institutions in the field of combating corruption.
Of interest is the structure of this working group, which included two members of the Council from both federal state authorities (A.V. Konovalov) and civil society institutions (A.G. Kucherena), 9 representatives of state authorities, 12 representatives public organizations and associations, 12 scientists, specialists and experts. It is very difficult to divide the last group into the categories proposed in the normative legal act (specialists, experts, scientists). However, it is already obvious that the quantitative advantage in the activities of the working group belongs to representatives of public associations (organizations), qualified specialists (scientists, experts), and only about 30% of the members of the working group are civil servants. The meeting of the working group and the issues considered at them are mentioned only twice on the website of the Ministry of Justice of the Russian Federation (sessions on March 22, 2011 and September 29, 2011). At the same time, it should be noted that the meetings of the working group are held regularly - once a quarter according to the calendar plan of work approved by the head of the group and agreed with all participants in the upcoming meetings.
Somewhat later, the working group of the presidium on interaction with civil society structures in July 2010, by order of the President of Russia, under the presidium of the Council, a Commission was established to coordinate the activities of federal executive bodies, other state bodies for the implementation of international treaties of the Russian Federation in the field of combating corruption (hereinafter - commission.- Author's note - P.K.) <6>.
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The main goal of the commission's activity was to increase the efficiency of coordination of the activities of federal executive bodies and other state bodies in the implementation of international treaties of the Russian Federation in the field of combating corruption. The main tasks were formulated as follows:
a) preparation of proposals to the Presidium of the Council on measures to implement the international obligations of the Russian Federation in the field of combating corruption;
b) participation in the preparation of proposals:
- on holding consultations with the relevant bodies of foreign states, international organizations or other entities in order to prepare draft international treaties in the field of combating corruption;
- on the conclusion of international treaties in the field of combating corruption or on accession to such international treaties;
- on joining international anti-corruption initiatives;
in) interaction in the prescribed manner with the coordinating role of the Russian Foreign Ministry:
- with the United Nations Office on Drugs and Crime- in order to ensure the implementation by the Russian Federation of the United Nations Convention against Corruption, the United Nations Convention against Transnational Organized Crime and the Protocols supplementing it, the implementation of other measures related to these Conventions and Protocols;
- with the Group of States against Corruption- in order to ensure the implementation by the Russian Federation of the Criminal Law Convention on Corruption;
- with the Working Group of the Organization for Economic Cooperation and Development on the issue of bribery in concluding international commercial transactions - in order to ensure the implementation by the Russian Federation of the Convention on Combating Bribery of Foreign Public Officials in Concluding International Commercial Transactions;
- with international organizations, their bodies and (or) subdivisions, as well as with the relevant bodies of foreign states - in order to ensure the implementation of the international obligations of the Russian Federation in the field of combating corruption, the implementation of other anti-corruption measures;
d) approval, within its competence, of candidates for leaders and members of Russian delegations formed to participate in international anti-corruption events, as well as draft instructions to such delegations;
e) exercising, within its competence, control over the implementation by federal executive bodies and other state bodies of the national anti-corruption plan for the relevant period.
Unfortunately, the personal composition of the commission and its regulations were not officially published. In accordance with the official documents regulating the activities of this commission, only one thing is known - its leader is S.N. Dubovik, Advisor to the President of the Russian Federation<7>.
<7>
During the period of existence of the commission from September 23, 2010 to October 2012, according to the official website of the council, it met 5 times (September 23, 2010, November 15, 2010, August 25, 2011, 25 November 2011, April 24, 2012) and discussed issues of cooperation with international organizations in the field of combating corruption.
By decision of the Presidium of the Council of October 4, 2011 N 28, at the end of 2011, a working group of the Presidium was established on the issues of joint participation in the fight against corruption of representatives of the business community and public authorities, headed by member of the Council E.S. Nabiullina. The purpose of creating a working group is quite obvious - the interaction of representatives of the business community with representatives of state authorities to develop joint measures to ensure cooperation in the field of combating corruption and present them to the Presidium of the Council.
The personal composition of the working group on issues of joint participation in combating corruption of representatives of the business community and public authorities was approved by its head in early December 2011.<8>. The formed working group included 8 representatives of the business community and 10 representatives of state authorities, and later in March 2012, two more representatives of the authorities - deputies were included in its composition State Duma Federal Assembly of the Russian Federation V.V. Klimov and I.A. Yarovaya<9>. Subsequently, due to personnel changes in state authorities, the personal composition of the working group has changed. It was headed by a new member of the Council, Minister of the Ministry economic development Russian A.R. Belousov<10>. Contrary to the provisions on the regulation of the activities of the working groups of the Presidium of the Council, this group did not include a single representative of the expert community (scientists, specialists, experts). Perhaps this is due to the fact that for group leaders the requirements of the Decree of the President of the Russian Federation on this issue are advisory, and not mandatory. Although, in accordance with the provisions of the same Decree, this working group includes two members of the current council (A.R. Belousov and I.A. Yarovaya). Of course, in order to increase the efficiency of this working group, it is necessary to introduce representatives of the expert community into its composition. Firstly, this will lead to the fact that its composition will comply with the provisions on regulating the composition of the working groups of the presidium, and secondly, it will additionally ensure the implementation of the principle of interaction between the state and civil society institutions in the field of combating corruption.
<8>Order of the Ministry of Economic Development of the Russian Federation of December 2, 2011 N 699 "On approval of the personal composition of the working group on issues of joint participation in combating corruption of representatives of the business community and state authorities" // Official website of the Ministry of Economic Development of the Russian Federation.
<9>Order of the Ministry of Economic Development of the Russian Federation of March 26, 2012 N 153 "On amendments to the personal composition of the working group on joint participation in combating corruption of representatives of the business community and government bodies, approved by Order of the Ministry of Economic Development of Russia of December 2, 2011 N 699 " // Official site of the Ministry of Economic Development of the Russian Federation.
<10>Order of the Ministry of Economic Development of the Russian Federation of August 24, 2012 N 525 "On amendments to the personal composition of the working group on joint participation in combating corruption of representatives of the business community and government bodies, approved by Order of the Ministry of Economic Development of Russia of December 2, 2011." // Official site of the Ministry of Economic Development of the Russian Federation.
Judging by the materials of the official website of the Ministry of Economic Development of the Russian Federation, the working group met three times, but it was not possible to establish which issues it considered at each of these meetings. The site contains only an overview of the issues considered at its third meeting.
Our analysis of the legal regulation of the activities of the subsidiary working bodies of the Presidium of the Council allows us to draw some conclusions.
First of all, a unified procedural procedure for the creation and functioning of working groups and commissions of the Presidium of the Council has not been determined. In some cases, they are created by orders of the President of the Russian Federation of a regulatory nature, in others - by decisions of the Presidium of the Council, signed by the chairman - the Head of the Administration of the President of the Russian Federation, however, in all cases, their personal composition is approved by the heads of the working groups, including their own departmental legal act.
Secondly, heterogeneous legal regulation of the organization of the activities of the auxiliary working bodies of the presidium of the Council. for example, there are no regulatory legal acts regulating the activities of working groups that determine their legal status, goals and objectives, composition, requirements for members of these groups, their rights and obligations, grounds for joining and withdrawing from it, and other issues. At the same time, the most important areas of the commission's activities are relatively fully described in the presidential regulatory legal act we have reviewed.
Thirdly, the results of meetings of the subsidiary working bodies of the Presidium of the Council are covered differently in the mass media - in some cases, information about the meetings is posted on the website of the Council (sessions of the commission), in others - selectively on the official websites of the federal government bodies, the heads of which head these auxiliary working bodies .
Fourth, the composition of the subsidiary working bodies of the Council's presidium is being formed differently. In some cases, the qualitative personal composition of these bodies is formed in accordance with the provisions on them, enshrined in the legal acts of the President of Russia (working group for interaction with civil society structures), in others - at the discretion of the head of the auxiliary working body with partial implementation of these regulatory legal acts ( working group on issues of joint participation in the fight against corruption of representatives of the business community and public authorities).
Fifth, The distribution of information about the personal composition of the subsidiary working bodies of the Presidium of the Council takes place in different ways. In some cases, information about them is freely available (working group on issues of joint participation in combating corruption of representatives of the business community and government bodies), in others, information about their personal composition is limited and is not posted in the mass media (commission and working group on interaction with civil society structures).
To resolve the obvious contradictions we have identified in the legal regulation of the formation and activities of the auxiliary working bodies of the Presidium of the Council under the President of the Russian Federation for Combating Corruption, it is necessary to establish a unified procedure for their formation and legal regulation of activities, as well as coverage in the mass media.
In our opinion, the legal regulation of the activities of the subsidiary working bodies of the Presidium of the Council of Groups (Commissions), which determine their legal status, goals and objectives, composition, requirements for members of the working groups, their rights and obligations, the grounds for joining and withdrawing from it, must be carried out personally Chairman of the Presidium of the Council, for these purposes issuing orders of the Head of the Administration of the President of the Russian Federation, which must be posted on the website of the Council along with the personal composition of working groups and commissions. It goes without saying that one should not post materials of the results of the meetings of the working groups on the Council's website in full, but confine oneself to a brief annual report on the work done.
Summing up our analysis of the issues of legal regulation and activities of the Presidium of the Council under the President of the Russian Federation for Combating Corruption, the working bodies (groups and commissions) formed by it, we come to the conclusion that the legal regulation of the activities of these anti-corruption bodies, as well as their activities, needs further improvement. At the same time, the ideas and proposals we have expressed to improve the state of affairs in this area, although they are controversial, require additional scientific research, but even now they can serve as a guide for future changes in the legal regulation and organization of their activities.
Bibliographic list:
- Federal Law No. 79-FZ of July 27, 2004 "On the State Civil Service in the Russian Federation" // SZ RF. 2004. N 31. Art. 3215.
- Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (as amended on November 21, 2011 N 329-FZ) // SZ RF. 2008. N 52 (part I). Art. 6228.
- Decree of the President of the Russian Federation of May 19, 2008 N 815 "On measures to combat corruption" (as amended on July 28, 2012 N 1060) // SZ RF. 2008. N 21. Art. 2429.
- Decree of the President of the Russian Federation of July 28, 2012 N 1060 "On approval of the composition of the Council under the President of the Russian Federation for combating corruption and the composition of the presidium of this Council" // SZ RF. 2012. N 32. Art. 4485.
- Decree of the President of the Russian Federation of July 28, 2012 N 1065 "On Amendments to Certain Acts of the President of the Russian Federation on Ensuring the Participation of the Russian Federation in International Cooperation in the Field of Combating Corruption" // SZ RF. 2012. N 32. Art. 4485.
- Decree of the President of the Russian Federation of July 22, 2010 N 489-rp "On the Commission for Coordinating the Activities of Federal Executive Bodies, Other State Bodies for the Implementation of International Treaties of the Russian Federation in the Field of Combating Corruption of the Presidium of the Council under the President of the Russian Federation for Combating Corruption" (as amended by the Decree President of the Russian Federation of July 28, 2012 N 1065) // SZ RF. 2010. N 30. Art. 4088.
- Decree of the President of the Republic of Tatarstan dated June 2, 2012 N UP-415 "On the Republican expert group on combating corruption" // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and regulations of the republican executive authorities. 2012. N 43. Art. 1457.
References (transliteration)
- Federal "nyy zakon ot 27 iyulya 2004 goda N 79-FZ "O gosudarstvennoy grazhdanskoy sluzhbe v Rossiyskoy Federatsii" (v red. ot 21 noyabrya 2011 goda N 329-FZ isizm. ot 22 noyabrya 2011 goda N 25-P) // Sobranie zakonodatel "stva Rossiyskoy Federatsii. 2004. N 31. St. 3215.
- Federal "nyy zakon dated December 25, 2008 goda N 273-FZ "O protivodeystvii korruptsii" (v red. dated November 21, 2011 goda N 329-FZ) // Sobranie zakonodatel "stva Rossiyskoy Federatsii. 2008. No. 52 (ch. I). St. 6228.
- Ukaz Prezidenta Rossiyskoy Federatsii dated May 19, 2008 goda N 815 "O merakh po protivodeystviyu korruptsii" (v red. dated 28 iyulya 2012 g. N 1060) // Sobranie zakonodatel "stva Rossiyskoy Federatsii. 2008. N 21. St. 2429.
- Ukaz Prezidenta Rossiyskoy Federatsii ot 28 iyulya 2012 goda N 1060 "Ob utverzhdenii sostava Soveta pri Prezidente Rossiyskoy Federatsii po protivodeystviyu korruptsii i sostava prezidiuma etogo Soveta" // Sobranie zakonodatel"stva Rossiyskoy 4 St. N. 328. N. 2012
- Ukaz Prezidenta Rossiyskoy Federatsii ot 28 iyulya 2012 goda N 1065 "O vnesenii izmeneniy v nekotorye akty Prezidenta Rossiyskoy Federatsii po voprosam obespecheniya uchastiya Rossiyskoy Federatsii v mezhdunarodnom sotrudnichestve v oblasti protivodeystviya korruptsii" // Sobranie zakonodatel "stva Rossiyskoy Federatsii. 2012. N 32. St 4485.
- Rasporyazhenie Prezidenta Rossiyskoy Federatsii ot 22 iyulya 2010 goda N 489-rp "O Komissii po koordinatsii deyatel" nosti federal "nykh organov ispolnitel" noy vlasti, inykh gosudarstvennykh organov po osushchestvleniyu mezhdunarodnykh dogovorov Rossiyskoy Federatsii v oblasti protivodeystviya korruptsii prezidiuma Soveta pri Prezidente Rossiyskoy Federatsii po protivodeystviyu korruptsii" (v red. Ukaza Prezidenta RF dated 28 iyulya 2012 goda N 1065) // Sobranie zakonodatel "stva Rossiyskoy Federatsii. 2010. N 30. St. 4088.
- Ukaz Prezidenta Respubliki Tatarstan ot 2 iyunya 2012 goda N UP-415 "O Respublikanskoy ekspertnoy gruppe po voprosam protivodeystviya korruptsii" // Sbornik postanovleniy i rasporyazheniy Kabineta Ministrov Respubliki Tatarstan i normativnykh aktov respublikanskikh organov ispolnitel "noy vlasti. 2012. N 43. St. 1457.
21. Anti-Corruption Council under the President of the Russian Federation. His tasks and powers
The Anti-Corruption Council under the President of the Russian Federation is an advisory body under the President of the Russian Federation. Formed by Decree of the President of the Russian Federation of May 19, 2008 No. 815 "On measures to combat corruption". The same decree approved the composition of the Council and its presidium.
In July 2008, the Council presented the National Anti-Corruption Plan to the President of the Russian Federation.
In 2003-2007, the Anti-Corruption Council under the President of the Russian Federation operated.
The main tasks of the council:
Preparation of proposals to the President of the Russian Federation regarding the development and implementation of state policy in the field of combating corruption;
Coordination of the activities of federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local self-government bodies of municipalities in the implementation of state policy in the field of combating corruption;
Control over the implementation of measures provided for by the National Anti-Corruption Plan.
Council for solving the main tasks assigned to it:
Requests and receives, in accordance with the established procedure, the necessary materials from federal state authorities, state authorities of the constituent entities of the Russian Federation;
Invites representatives of federal state authorities, state authorities of the constituent entities of the Russian Federation and public associations to its meetings.
The Council holds meetings of the presidium, approves presidential decrees, for example, determining the procedure for verifying information about the incomes of officials. The Council also approves the concepts of draft laws, for example, “On Anti-Corruption Expertise of Regulatory Legal Acts and Their Projects in the Russian Federation”, developed by Gen. Prosecutor's office. In general, the implementation of nat. the counteraction plan is carried out by the Government, the implementation is controlled by the Presidential Administration.
22. National anti-corruption plan: goals, structures (sections), main tasks of its implementation
Anti-corruption is the activity of public authorities, local governments, organizations, civil society institutions, legal entities and individuals within their powers to prevent and combat corruption, as well as eliminate and minimize the consequences of corruption offenses.
The National Anti-Corruption Plan is a policy document approved by the President of the Russian Federation on July 31, 2008 in order to prevent the negative consequences of corruption.
Purpose: to develop measures to combat corruption, primarily in order to eliminate its root causes, and the implementation of such measures in the context of ensuring the development of the country as a whole.
The plan consists of four sections and a list of priority legislative acts that need to be developed and adopted for the successful implementation of the plan.
Section I. Measures to ensure legislative support for combating corruption (it was proposed to adopt an appropriate law) => Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption"
Section II. Measures to improve public administration in order to prevent corruption (taking measures aimed at: streamlining the use of state and municipal property; ensuring competition in commodity and financial markets; improving the mechanisms for public procurement and execution of government contracts; development of a methodology for assessing the effectiveness of internal systems for identifying and preventing corruption risks in state and municipal bodies)
Section III. Measures to improve the professional level of legal personnel and legal education (carrying out activities aimed at improving the quality of legal professional education in Russia and promoting legal knowledge among the population)
Section IV. Priority measures for the implementation of this National Plan (specific measures designed to contribute to the successful implementation of the plan, and contain relevant instructions to authorities and officials)
The priority measures include:
1. The Government of the Russian Federation and the Head of the Administration of the President of the Russian Federation, within their competence: to take measures and report on the observance by civil servants of the general principles of official conduct,
2. To the Government of the Russian Federation:
a) provide for the development and financing of activities: on the creation and use of innovative technologies for public administration and administration, which increase the objectivity and ensure transparency of management processes
b) before February 1, 2009, submit in the prescribed manner proposals to increase the pay and pensions of state and municipal employees;
c) make proposals on measures aimed at: improving the mechanism of responsibility for preventing, restricting or eliminating competition
3. Gen. The prosecutor's office to strengthen supervision over the implementation of laws. to strengthen control over the legality and validity of procedural decisions taken in criminal cases concerning the seizure of property, property and non-property rights, funds of enterprises, the so-called raiding.