RUSSIAEgorov Puginsky Afanasiev & Partners |
"The best choice for solving multilevel issues with a marked Russian character" |
Chambers Global |
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
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:
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:
The same restrictions apply to the municipal civil servants and officials.
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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