RUSSIA

Egorov Puginsky Afanasiev & Partners

"The best choice for solving multilevel issues with a marked Russian character"

Chambers Global

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Moldova Moldova Moldova Moldova Moldova

40/4 Bol. Ordynka

Moscow, 119017

Tel: +7 (495) 935-8010

Fax: +7 (495) 935-8011

22-24 Nevsky pr.,Suite 132

St.Petersburg, 191186

Tel: +7 (812) 322-9681

Fax: +7 (812) 322-9682

3 Gough Square

London EC4A 3DE

Tel: +44 (0) 20 7822-7060

Fax: +44 (0) 22 7353-5905

www.epam.ru

2. Persons subject to anticorruption regulations

2.1 General definitions

Russian legislation on the prevention of corruption employs the following principal terms.

Public official, which includes:

  • Federal state civil servant – a citizen performing his/her professional function at a position within federal civil service and receiving funds (remuneration, monetary allowance) from the federal budget funds.
  • State civil servant of a subject of the Russian Federation – a citizen performing his/her professional function at a position within state civil service of a subject of the Russian Federation and receiving funds (remuneration) from the budget of the respective subject of the Russian Federation. In cases provided by federal law, the state civil servant of a subject of Russian Federation may also receive funds (remuneration) from the federal budget.
  • Municipal civil servant is a citizen performing his/her professional function of municipal service prescribed by municipal acts in accordance with federal laws and laws of the Russian Federation and receiving salary from the funds of the local budget.

State Officials (Officials).

Under the Criminal law of the Russian Federation the term “Officials” applies to:

  • persons permanently, temporarily, or by special power carrying out the functions of a representative of power and fulfilling organisational-administrative or administrative-economic functions in State agencies, agencies of local self-governed authorities, State and municipal institutions, State corporations, and also in the Armed Forces of the Russian Federation, other forces and military formations of the Russian Federation,
  • persons occupying posts established by the Constitution of the Russian Federation, federal constitutional laws, federal laws for the direct performance of powers of State agencies,
  • persons occupying posts established by the constitutions or charters of subjects of the Russian Federation for the direct performance of the powers of State agencies,
  • foreign state officials and officials of international public organisations (Art/ 290 CC RF).  

Criminal Code also defines the term “A representative of power” as an official of a law enforcement or controlling agency, and also anofficial endowed with administrative powers with respect to persons who are not dependent upon him by reason of employment.

In the private sector the term “persons performing managerial functions in a commercial organization or other organization” is used to define persons who permanently, temporarily, or by special power are fulfilling organisational-administrative or administrative-economic duties in a commercial organisation, irrespective of the form of ownership, and also in noncommercial organizations, which are not  State agencies, agencies of local self-governed authorities, or State or municipal  institutions.

2.2 List of persons subject to anticorruption regulations

In the Russian Federation the list of persons who bear responsibility for corruption is not clearly defined.
The law of the Russian Federation, On Prevention of Corruption, contains a general statement that citizens of the Russian Federation, foreign citizens and persons without citizenship may bear responsibility for committing corruption offences.

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