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On Amendments To Certain Legislative Acts Of The Russian Federation On Combating Corruption

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации по вопросам противодействия коррупции

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation on anti-corruption issues Duma on December 12, 2014 approved by the Federation Council on 17 December 2014 Article 1 Amend the law of the Russian Federation dated 26 June 1992 N 3132-I "On the status of judges in the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1792; Legislative Assembly of the Russian Federation, 1995, No. 26, art. 2399; 2001, N 51, sect. 4834; 2005, N 15, sect. 1278; 2008, N 52, sect. 6229; 2011, N 49, sect. 7066; N 50, sect. 7364; 2012, N 50, est. 6954; 2013, N 19, sect. 2329; N 27, sect. 3477; 2014, N 11, st. 1094), the following changes: 1) in paragraph 6, paragraph 6 of Article 5 of the word "Form according to Annexes 1 and 2 to this Law", replace by the words "in the form approved by the President of the Russian Federation"; (2) in article 8-1, paragraph 1 Replace the words "in accordance with Annexes 3 and 4 to this Law" with the words "in the form approved by the President of the Russian Federation"; (3) of Annex 1-4 shall be declared invalid. Article 2 Article 29-3 of the Federal Law of 21 July 1997 N 114-FZ "On Service in the Customs Authorities of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3586; 2011, N 48, sect. 6730) to supplement paragraph 3-1 as follows: " 3-1. A remark or reprimanation may be applied to the customs officer if the offence of corruption committed by a member of the customs authority is insignificant, on the basis of the recommendation of the Compliance Committee. Federal civil servants and conflict of interest (certification commission). ". Article 3 Article 51 of the Federal Law dated 28 March 1998 N 53-FZ " About military service OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1475; 2011, N 48, sect. 6730) to supplement paragraph 3-1 as follows: " 3-1. A reprimanation may be applied to a member of the armed forces under the minor offence of a corruption offence, on the basis of the recommendation of the commission for compliance with the official conduct of federal civil servants and resolve conflict of interest (certification commission). ". Article 4 Article 40, paragraph 7, of the Federal Act October 2003 No. 131-FZ " On the general principles of the organization THE RUSSIAN FEDERATION 3822; 2004, N 25, 100 2484; 2005, N 30, est. 3104; 2006, N 1, est. 10; N 8, est. 852; N 31, est. 3427; 2007, N 10, est. 1151; N 43, sect. 5084; N 45, sect. 5430; 2008, N 52, sect. 6229; 2009, N 52, sect. 6441; 2011, N 31, est. 4703; N 48, sect. 6730; N 49, sect. 7039; 2014, N 22, sect. 2770; N 26, st. 3371) the following changes: 1), paragraph 1 shall be declared void; 2), paragraph (2) should be amended to read: " (2) to engage in business activities in person or through proxying, and to participate in Management of a business entity (excluding housing, housing, construction, garage cooperatives, horticulture, gardening, consumer cooperatives, real estate partnerships and a trade union registered in In accordance with established procedures, unless otherwise provided by the federal By law or in the manner prescribed by a municipal legal act in accordance with federal laws and laws of the constituent entity of the Russian Federation, it is not assigned to participate in the management of this organization; ". Article 5 Act No. 79-FZ of 27 July 2004 on the Civil Service of the Russian Federation Russian Federation, 2004, 3215; 2007, N 10, est. 1151; 2008, N 13, est. 1186; N 52, sect. 6235; 2010, N 5, sect. 459; 2011, N 48, sect. 6730; 2012, N 50, sect. 6954; 2013, N 19, sect. 2329) the following changes: 1) in article 17, paragraph 1: (a) paragraph 1 shall be declared void; b) paragraph (3) should read: " 3) to engage in entrepreneurial activity in person or through trustee and participation in the management of the economic entity (excluding housing, housing construction, garage cooperatives, horticulture, gardening, consumer cooperatives, homeowners ' associations) and a trade union registered in accordance with the established procedure), if is not otherwise provided for by federal law or, in accordance with the procedure established by a normative legal act of the Russian Federation or the constituent entity of the Russian Federation, in accordance with federal laws or the laws of the constituent entity of the Russian Federation, To participate in the management of this organization; "; 2) of article 20, part 1, as follows: " 1. Details of their income, property and property obligations, as well as on income, property and property obligations of members of their family, representative of the employer submit: 1) citizen The replacement of the civil service, upon entry into the service; 2) a civil servant who replaces the civil service in the list established by normative legal acts of the Russian Federation-not annually later than prescribed by regulatory legal acts Russian Federation. "; 3) Article 59-3 to be supplemented with Part 3-1 as follows: " 3-1. A comment may be applied to a civil servant with the minor significance of the corruption offence he has committed, on the basis of the recommendation of the commission for the settlement of conflicts of interest. ". Article 6 Article 14, paragraph 1, of the Federal Law of 2 March 2007 N 25-FZ "On municipal service in the Russian Federation" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1152; 2008, N 52, sect. 6235; 2011, N 19, sect. 2709; N 48, st. 6730) The following changes: 1), paragraph 1 shall be declared void; 2) paragraph 3 should read: " 3) to engage in business activities in person or through proxying, and to participate in Management of a business entity (excluding housing, housing, construction, garage cooperatives, horticulture, gardening, consumer cooperatives, real estate partnerships and a trade union registered in In accordance with established procedures, unless otherwise provided by the federal By law or in the manner prescribed by a municipal legal act in accordance with federal laws and laws of the constituent entity of the Russian Federation, it is not assigned to participate in the management of this organization; ". Article 7 Amend the Federal Law of December 25, 2008 No. 273-FZ "On combating corruption" (Russian legislature's Legislative Assembly, 2008, N 52, sect. 6228; 2011, N 29, Art. 4291; N 48, sect. 6730; 2012, N 50, sect. 6954; N 53, est. 7605; 2013, N 19, sect. 2329; N 40, sect. (5031) the following changes: 1) in Article 7-1: a) in Part 1: paragraph 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION employment contract in organizations established for Implementation of the tasks assigned to the federal public authorities, whose powers include participation in the preparation of decisions affecting the sovereignty and national security of the Russian Federation and which In accordance with the regulations of the Federal State bodies, the constituent entities of the Russian Federation and the regulations of the Central Bank of the Russian Federation, State corporations (companies) and foundations, of the Russian Federation the basis of federal law; "; , paragraph 2, amend to read: " (2) the spouses and minor children of the persons referred to in subparagraphs (a) to (1) ";"; "; b), Part 2, as follows: editions: " 2. Under this article, the prohibition of opening and holding accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not extend to the persons referred to in paragraph 1 of part 1 of this article as replacement (s). OF THE PRESIDENT OF THE RUSSIAN FEDERATION Representatives of the Executive Office State corporations (companies) and organizations established to support the activities of the federal public authorities, as well as spouses and minor children of these persons. "; 2) in article 8, paragraph 1: a) Paragraph 1 should read: "(1) citizens applying for public service positions;"; b) to supplement paragraph 1-2, reading: " 1-2) citizens applying for replacement for municipal services included in the lists established OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation; "; , paragraph 4, as follows: " (4) persons who have been substituted for the posts referred to in paragraphs 1-1-3 to 1 of this Part. "; 3) in Part 4 of Article 8-1 of the word" if the amount of the transaction is greater than the total The income of the replacement (in) one of the posts referred to in Part 1 of this article, and his or her spouse in the last three years preceding the transaction, "delete; (4), article 12, paragraph 2, of article 12, paragraph 2, to read: " (2) to engage in business personally or through proxying, and participate in the management of the economic entity (excluding housing, housing, construction, garage cooperatives, horticulture, vegetable gardens, consumer cooperatives, partnerships) Property owners and a trade union registered in the established ". Article 8 Article 30-3 of the Federal Law of 28 December 2010, No. 403-FZ " On the Investigative Committee of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 15; N 48, sect. 6730) to be supplemented with Part 3-1 as follows: " 3-1. A comment or reprimanation may be applied to the staff member of the Investigative Committee with the minor offence of a corruption offence on the basis of a recommendation of the commission for compliance with official conduct federal civil servants and conflict of interest (certification commission). ". Article 9 Article 27, paragraph 14, of Federal Law N 3-FZ " O THE RUSSIAN FEDERATION (900) To state in the following wording: " 14) notify in accordance with the procedure established by the Russian Federation law on combating corruption, on each case of any person seeking to commit a corruption offence. of an offence. ". Article 10 OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7020; 2012, N 50, sect. 6954; 2013, N 19, sect. 2329; N 27, sect. 3477; N 48, sect. 6165; Russian newspaper, 2014, December 5) the following changes: 1) Article 12, paragraph 14, paragraph 14, states: " 14) to notify in accordance with the procedure established by the Russian Federation's legislation on countermeasures corruption, each case of individuals seeking to commit a corruption offence; "; 2), article 15, paragraph 4; and article 49, paragraph 13, paragraph 13, of article 49; 3) Article 50-1, reading: " Article 50-1. Failure to comply with restrictions and prohibitions, requirements for prevention, or both conflict of interest and failure to meet the obligations set out in anti-corruption goals For non-compliance by the staff member of the internal affairs agencies with restrictions and prohibitions, demands for prevention or conflict of interest, and failure to perform the duties established for the purpose of combating corruption Federal Act, Federal Act No. 273-FZ of 25 December 2008 to combat corruption "and other federal laws, impose penalties under article 50, paragraph 1, of this Federal Law."; 4) to supplement Article 51-1 as follows: " Article 51-1. The procedure for imposing on employees of bodies the internal cases of recovery of corruption delicts 1. The conditions set out in articles 50 to 1 and 82 to 1 of this Federal Act shall be imposed in accordance with the procedure established by the law of the Russian Federation on the service in the internal affairs agencies, taking into account the peculiarities set out in this article. 2. The violations referred to in articles 50 to 1 and 82 to 1 of this Federal Act are based on a report on the results of the inspection carried out by the unit for the prevention of corruption and other offences committed by the personnel of the Federal Act. of the executive branch in the internal affairs, its territorial body, the unit and, if the report on the results of the inspection was sent to the commission for compliance with the official conduct of the federal civil servants; and to the conflict of interest (certification commission),-and on of the recommendation of the Commission. 3. In the imposition of penalties provided for in articles 50 to 1 and 82 to 1 of this Federal Act, account shall be taken of the nature of the corruption offence committed by a member of the internal affairs authorities, the gravity of the offence and the circumstances in which it was committed, Compliance by the staff of the internal affairs agencies with other restrictions and prohibitions, the requirements for preventing or resolving the conflict of interest and the fulfilment of the duties established for the purpose of combating corruption, as well as the preceding Performance by an officer of the internal affairs agencies of their offices responsibilities. 4. A comment or reprimanation may be imposed on a staff member of the internal affairs agencies with the minor's significance for a corruption offence, on the basis of a recommendation of the commission for compliance with the requirements for official conduct Federal civil servants and conflict of interest (certification commission). 5. The violations referred to in articles 50 to 1 and 82 to 1 of this Federal Act shall be imposed no later than one month after the date of receipt of information on the commission of a corruption offence by a member of the internal affairs agencies, other than the period of time. Incapacity of the staff of the internal affairs agencies, stay on leave, other cases of absence from the service for good reasons, and the time of the inspection and examination of the records by the compliance committee conduct of federal civil servants and the regulation of A conflict of interest (a certification commission). The penalty must be imposed not later than six months from the date of receipt of the information on the commission of a corruption offence. 6. In the act of imposing a penalty on an employee of the internal affairs agencies, in the case of a corruption offence, article 50-1 or 82-1 of this Federal Law shall be cited as the basis for the imposition of the penalty. 7. Copy of an act on the imposition of sanctions against a member of the internal affairs agencies, with an indication of the corruption offence and the regulations of which they have been violated, or the refusal to impose such penalty on an official of the internal affairs authorities An indication of the motives shall be given to the staff member of the internal affairs agencies for a period of five days from the date of publication of the relevant act. 8. A member of the internal affairs agencies has the right to appeal in writing, in accordance with the established procedure. 9. If, within one year after the imposition of the imposition of the penalty, a member of the internal affairs authority has not been subjected to disciplinary action under article 50, paragraph 1, 2, 3, 4 or 5, of this Federal Act, or Under article 50-1 of this Federal Act, it is considered not to be enforceable. "; 5) in article 69, paragraph 4, of the words", 20 or 22 ", replace" or 20 "with" or 9 "with", 9 or 13 "; 6) in Part 14 Replace article 76 with ", 20 or 22" with "or 20", for "or 9" to read ", 9 or 13"; 7) in article 82: (a) paragraph 22 of Part 2, to declare void; b) to supplement paragraph 13 with the following: " 13) in connection with the loss of confidence in the cases provided for in article 82-1 of the present Federal Act. "; in) Part 4 of the word" void "," paragraph 5, 6, 7, 10, 13, 14, 15, 20 or 22 of this article "shall be replaced by" paragraphs 5, 6, 7, 10, 13, 14, 15 or 20 of Part 2 of this Article ". Articles "; 8) to supplement Article 82-1 as follows: " Article 82-1. Dismissal due to loss of confidence 1. A member of the internal affairs agencies shall be dismissed on account of the loss of confidence in the case of: (1) the failure of an internal affairs officer to take measures to prevent and (or) resolve the conflict of interest to which he or she is a party; (2) the failure of the internal affairs officer to provide information on his/her income, expenditure, property and property obligations, as well as on income, expenditure, property and property obligations of his or her property Spouse and minor children or knowledge (3) Participation of the internal affairs officer on a fee-for-service basis in the business administration body, except as provided by federal law; 4) (c) Implementation by an employee of the internal affairs authorities; 5) of an internal affairs officer in the administration, board of trusteboards or supervisory boards or other bodies of foreign non-profit organizations non-governmental organizations and operating in the Territory OF THE PRESIDENT OF THE RUSSIAN FEDERATION and minor children in the cases provided for by the Federal Act of 7 May 2013 No. 79-FZ " On prohibition of certain categories of persons to open and have accounts (deposits), to store cash and value in foreign banks located OF THE PRESIDENT OF THE RUSSIAN FEDERATION to use foreign financial instruments ", to prohibit the opening and holding of accounts (deposits), to keep cash and value in foreign banks located outside the territory of the Russian Federation, to own and (or) to use Foreign financial instruments. 2. An internal affairs officer who replaces the position of Head (Head), who became aware of the personal interest attached to him by an internal affairs officer who leads or may lead to conflict interest is to be dismissed because of the loss of confidence in the event of failure to prevent and/or resolve the conflict of interest. ". Article 11 Article 11 Act dated December 3, 2012 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6953) The following changes: 1) Article 1 should be amended to read: " Article 1 This Federal Act for the Prevention of Corruption establishes the legal and institutional framework for the exercise of control for the costs of the replacement of a public office (other person), the expenses of his or her spouse and minor children's income to the person and his or her spouse in the cases and in the manner prescribed by this Federal Act (hereinafter referred to as "expenditure control") and defines the categories of persons of the Russian Federation for the control of expenses and the mechanism of recourse to the income of the Russian Federation for which no information has been provided to substantiate its acquisition income. "; 2) in article 2, paragraph 1, paragraph 1: (a) the subparagraph" d "should read as follows: " (e) the position of a federal public service, the exercise of the powers of which entails an obligation provide information on their income, property and liabilities and information on the income, property and obligations of the property of their spouses and minor children; "; (b)" e "restated as follows: " (e) State posts OF THE PRESIDENT OF THE RUSSIAN FEDERATION Obligations of the property of their spouse and minor children; "; (c)" f ", amend to read: " (g) the position of municipal service, the exercise of which has the duty to provide information on their income and property and obligations of a property character, as well as information on the income, property and obligations of the property of their spouse and minor children; "; g)" z " should read as follows: " (c) The Bank of the Russian Federation, the exercise of which entails an obligation to provide information on his/her income, property and property obligations, as well as information on the income, property and obligations of the property of his or her spouse and minors ";"; (d) "and", as follows: " and) positions in public corporations, the exercise of which has the responsibility to provide information on their income, property and Property, income, property and Obligations of the property of their spouse and minor children; "; (e)" to "restate: " in the Pension Fund of the Russian Federation, Social Security Fund OF THE PRESIDENT OF THE RUSSIAN FEDERATION Property, property and liabilities His wife and minor children; "; (f)" l "should read: " l) posts in other organizations established by the Russian Federation on the basis of federal laws, exercise of powers which entails the obligation to provide information on their income, property and property obligations, as well as information on the income, property and obligations of the property of their spouses, and minor children; "; (c)" m " to read : " (m) individual positions on the basis of an employment contract in the organizations created to carry out the tasks assigned to the federal public authorities, the exercise of powers for which the obligation entails provide information on their income, property and property obligations, as well as information on the income, property and obligations of the property of the spouses and minor children; "; 2) become 3 as follows: " Article 3 1. A person who replaces (who occupies) one of the posts referred to in article 2, paragraph 1, of this Federal Act is required to do so annually within the time limits established for the disclosure of property, property and property obligations, to provide information on their expenses, as well as on the expenses of their spouses and minor children on each purchase of a land, other real estate, vehicle, securities, shares (participation rate, in the statutory (warehousing) capital of the organizations) Spouse and/or minor children during the calendar year preceding the reporting year (hereinafter referred to as the reporting period) if the total sum of such transactions exceeds the total income of the person and his spouse for three years of the last year preceding the reporting period and the sources of funds for which the transactions were made. 2. The particulars referred to in Part 1 of this article shall be submitted in accordance with the procedure and deadlines established by normative legal acts of the President of the Russian Federation, normative legal acts of the federal executive authorities, laws and other regulations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION compulsory health insurance and local regulations by the acts of a State corporation, another organization established by the Russian Federation under federal laws, to provide information on income, property and property obligations, taking into account the characteristics of the State this Federal Law. "; 4) in article 4: (a) Paragraph 1 of Part 1 should read: " 1. Grounds for deciding on the monitoring of the costs of the replacement (s) of one of the posts referred to in article 2, paragraph 1, of this Federal Act, as well as the costs of his wife (spouse) and The minor children are provided with sufficient information that the person, his wife (spouse) and (or) the minor children, during the reporting period, the transactions (a transaction took place) for the acquisition of a land plot, the other Real estate, vehicles, securities, shares (shares) (a stored) capital of the organizations) for a total amount exceeding the total income of the person and his spouse over the last three years preceding the reporting period. The information in writing may be submitted in the prescribed manner: "; b) paragraph 1 (a) of part 4, paragraph 1, as follows: " (a) on its expenses, and on the expenses of its spouse and Minors for each purchase of a land plot, another property, a vehicle, securities, shares (shares of participation, shares in the statutory (warehousing) capital of the organizations) committed by him, his wife (spouse) and (or) minor children during the reporting period, if the total amount Such transactions exceed the total income of the person and his spouse over the last three years preceding the reporting period; "; 5) of article 8, paragraph 4, as follows: " 4. Information provided in accordance with this Federal Law on the sources of funds which have been made to purchase a land, another real estate property, a vehicle and a value shares (shares of participation, shares in statutory (warehousing) capital of organizations), if the total amount of such transactions exceeds the total income of the replacement (in) one of the posts referred to in article 2, paragraph 1, of this Federal Act, and his wife (spouse) for the last three years preceding the reporting period The period is located on the official websites of the federal state bodies, state bodies of the constituent entities of the Russian Federation, local government bodies, the Bank of Russia and the state bodies of the Russian Federation. of the Russian Federation, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and other organizations established by the Russian Federation under federal laws, and to publicize the media in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION and on the protection of personal data. ". Article 12 Article 79 of the Federal Law of 7 May 2013 N 79-FZ categories of persons to open and hold accounts (deposits), keep cash "Money and valuations in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" (Legislative Assembly of the Russian Federation, 2013, N 19, sect. 2306) The following changes: 1) Article 1 after the words "the sovereignty and national security of the Russian Federation," to be supplemented by the words "and (or) involved in the preparation of such decisions,"; (2) in article 2: (a) in Part 1: "and" the positions of the federal civil service, the civil service of the constituent entities of the Russian Federation, and the posts in the Central Bank of the Russian Federation Federation, State Corporations (Companies), Foundations and Other organizations established by the Russian Federation on the basis of federal laws, individual positions on the basis of an employment contract in the organizations set up to carry out the tasks assigned to the federal public authorities, of the Russian Federation's sovereignty and national security, which are included in the lists established by the federal laws of the Russian Federation THE RUSSIAN FEDERATION Regulations of the Central Bank of the Russian Federation, public corporations (companies), funds and other organizations established by the Russian Federation on the basis of federal laws; "; paragraph 2 should read as follows: "(2) The spouses and minor children of the persons referred to in subparagraphs (a) to" (1) of this Part; "; b), Part 3, as follows: " 3. Under this article, the prohibition of opening and holding accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not extend to the persons referred to in paragraph 1 of part 1 of this article as replacement (s). OF THE PRESIDENT OF THE RUSSIAN FEDERATION Representatives of the Executive Office State corporations (companies) and organizations established to support the activities of the federal State bodies, as well as the spouses and minor children of these persons. "; 3), article 3, paragraph 2, of the editions: " 2. In the event that the persons referred to in article 2, part 1, of this Federal Act are unable to comply with the requirements of Part 1 of this article, in connection with the arrest, prohibition of orders issued by the competent authorities of a foreign country, In accordance with the legislation of the foreign State in whose territory the accounts (deposits) are located, cash and valuations are kept in foreign banks and (or) there are foreign financial assets. or in connection with other circumstances independent of the will of the persons referred to in the Article 2, paragraph 1, of this Federal Act requires that such requirements be fulfilled within three months from the date of termination of the arrest, prohibition or cessation of other circumstances specified in this part. "; 4) Article 4, paragraph 3, should read: " 3. The persons referred to in article 2, paragraph 1, of this Federal Act are obliged to close the accounts (deposits) within three months from the date of substitution (occupation) of the person referred to in article 2, paragraph 1, of this Federal Act. Storage of cash and valuations in foreign banks located outside the territory of the Russian Federation and (or) the alienation of foreign financial instruments. ". Article 13 Admit (1) Paragraph 18 of Article 26 of the Federal Act dated 18 October 2007 No. 230FZ "On amendments to selected legislative acts of the Russian Federation in connection with the improvement of the distinction" (...) (...) 5084); 2) Article 1, paragraph 12, of the Federal Law of 25 December 2008, N 274-FZ " On amendments to individual pieces of legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6229) as part of Supplements 1-4; 3) paragraphs 2 and 3 of Article 20 of the Federal Law of 3 December 2012 N231-FZ " On introduction OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federation, 2012, N 50, sect. 6954); 4) Article 20 of the Federal Law of 7 May 2013 N 102-FZ "On amending certain legislative acts of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION and (or) use foreign financial instruments. " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2329). Article 14 This federal law shall enter into force on 1 January 2015. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 22, 2014 N 431-FZ