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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

3. Legal restrictions imposed on government officials/public officers

3.1. General restrictions and duties

The laws of Russian Federation provide a detailed list of obligations of state and municipal civil servants regarding the provision of information on their income, assets and proprietary obligations, notification of any offer to commit corruption offences. These laws establish the procedure for prevention and resolution of conflict of interests in state and municipal civil service.
There are also special legislations that aim to govern the performance of state civil service and municipal civil service.
Under the Law of Russian Federation On Preventing Corruption, and the Law On Public Civil Service, the following acts are prohibited:

For a State Civil Servant in Relation to Performance of State Civil Service:

  1. participation for remuneration in the managerial body of a commercial organisation, save in cases provided by federal law;
  2. occupation of a position of state civil service in case of:
    • being elected to a paid position in a body of a trade union, including an elected body of the primary trade union, created within the state authority;
    • carrying out entrepreneurial activity;
    • acquisition in cases provided by federal law of securities on which income may be received;
    • being an attorney or representative of third parties before the state authority, in which he/she occupies a state civil service position, unless otherwise provided by this federal law or other federal laws;
  3. receipt of remuneration from individuals and legal entities (gifts, monetary remuneration, loans, services, payment for entertainment, recreation, transportation expenses and other forms of remuneration) in connection with performance of state functions.;
  4. travel outside of the Russian Federation in connection with executing state functions paid using funds provided by individuals or legal entities, other than business trips on the basis of international treaties of the Russian Federation or on reciprocal basis of agreement between federal state authorities, state authorities of subjects of the Russian Federation and state authorities of other states, international organisations or foreign organisations;
  5. use of the means of material and other support, other state property, or transfer of the same to other persons for purposes unrelated to state functions,;
  6. disclosure or use of information, classified in accordance with federal laws as confidential, or state civil service information which became known to him/her  during the performance of state functions, for purposes unrelated to the state civil service;
  7. accepting without written permission of a representative of the employer awards, honorary and special titles (excluding scientific) of foreign states, international organisations, as well as political parties, other community unions or religious unions, if his/her functions include interaction with the mentioned organisations and unions;
  8. use of the privileges of his/her office for the pre-election campaign and campaigning matters of referendum;
  9. use of his/her powers in the interests of political parties, other community unions, religious unions, and other organisations, and to publicly express his/her attitude towards such unions and organisations in the capacity of state civil service if this is not part of his/her state functions;
  10. discontinuation of exercising state functions for the purpose of settlement of  an internal dispute;
  11. participation in the managerial, guardian or supervisory boards, or other bodies of foreign non-governmental non commercial organisations operating in the Russian Federation or their structural units, unless otherwise provided by an international treaty of the Russian Federation or the laws of the Russian Federation;
  12. performance, without written consent of a representative of the employer, of paid activities financed exclusively from the funds of foreign states, international and foreign organisations, foreign citizens and persons without citizenship, unless otherwise provided by an international treaty of the Russian Federation or the laws of the Russian Federation.

In cases where ownership by a state civil servant of interest-bearing securities, shares (participation interests in the charter capitals of organisations) may lead to conflict of interest he/she shall transfer the said securities, shares (participation interests in charter capitals of organisations) to fiduciary management in accordance with the civil legislation of the Russian Federation.

After termination of the position in state civil service the person may not:

  • without consent of the relevant commission for compliance within two years occupy positions or work on the basis of civil law contract in commercial and non-commercial organisations, if certain functions of state management of those organisations  were within the state functions of the state civil servant;
  • disclose or use of confidential proprietary information, which became known to him/her in the course of his/her duties, in the interests of organisations or individuals.

The same restrictions apply to the municipal civil servants and officials.

3.2 Gifts and other benefits

Matters related to the acceptance of gifts by governmental officials are regulated by the Civil Code, which stipulates that no gifts can be presented to officials except for "ordinary ones", the value of which does not exceed 100 USD.
Such gifts can be given in certain situations, i.e. to staff of medical and educational institutions, social protection institutions, and other similar institutions by citizens who use their services, as well as by the spouses and relatives of these citizens. The same applies to governmental and municipal officials in connection with their official status or performance of official duties as well as relations between commercial organisations.
Furthermore, the Law of the Russian Federation On Public Civil Servicestipulates that a civil servant, who performs his/her duties, has no right to accept rewards from natural persons and legal entities in connection with the performance of his/her official duties (in the form of gifts, monetary rewards, loans, services, payment for recreation, entertainment, transportation costs and other rewards). The gifts received by a civil servant at protocol events, official journeys and other official events shall be regarded as federal property or property of a constituent element and must be handed over to a governmental authority where he/she has been appointed to a civil service position.

Furthermore, a civil servant has no right to travel outside the Russian Federation in connection with his/her official duties at the expense of natural persons and legal entities, except for official journeys or for purposes unrelated to his official duties.

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