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

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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

1. Overview of competition regulations and authorities

The Russian authorities recognise that the level of corruption in the country is inadmissibly high and that polls held over the past years testify to widespread corruption in all public sectors, including the political level and the executive branches at various levels, law-enforcement bodies, judicial system, public procurement agencies, public health services, education system, housing and communal services etc. According to the Corruption Perceptions Index produced by Transparency International, Russia is still one of the most corrupt countries in Europe.

The issue is a serious cause for concern for Russian authorities and the fight against corruption is recognised as an important priority at the highest political level.

Russian authorities have initiated numerous strategies and reforms that include preventive and repressive measures to fight corruption.

These initiatives include general reforms among large number of institutions and public administration to specific anticorruption measures in the law enforcement system.
Specifically, in 2011, the criminal liability for different forms of corruption was strengthened, namely: a special provision sets out criminal liability for mediation in bribing; fines are now calculated as a multiple of the amount of bribe.

The main laws and regulations to prevent corruption are:

1.1. International anticorruption regulations
  • UN Convention Against Corruption, dated 31 October 2003, ratified by the Russian Federation on 17 February 2006.
  • Criminal law Convention on Corruption ETS 173, dated 27 January 1999, ratified by the Russian Federation on 14 July 2006.
1.2. Codes
  • Criminal Code No. 167-I of the Russian Federation, dated 13 June 1996 (Chapters 22, 30);
  • Code of Administrative Offences No. 195-FL, dated 30 December 2001 (Chapters 5, 7, 19).
1.3. Laws
  • Law No. 273 -FZ On Prevention Corruption, dated 25 December 2008 (as amended on 11 July 2011);
  • Law No 25-FZ, On Municipal Service of the Russian Federation, dated 2 March 2007 (as amended on 17 July 2009)
  • Law No. 79 - FZ On the Public Civil Service, dated 27 July 2004.
  • Law No. 885 – FZ  On general principles of the Civil Servants Conduct, dated 12 August 2002
  • Law No.  58 – FZ On the Public Service System, dated 25 May, 2003.    
  • Law No 172-FZ On anticorruption Expertise of Normative Acts and Draft Normative Acts, dated 17 July 2009
1.4.  President's anticorruption initiatives
  • Decree No 460 of the President of the Russian Federation, On National Strategy for the Prevention of Corruption and National Plan for the Prevention of Corruption in 2010-2011, dated 13 April 2010;
  • Decree No 925 of the President of the Russian Federation, On Measures for Implementation of Certain Provisions of the Law of Russian Federation, On Prevention of Corruption;
  • Decree No 815 of the President of the Russian Federation, On Measures for Prevention of Corruption, dated 1 July 2010;
  • Decree No 1799 of the President of the Russian Federation, On Central Authorities of the Russian Federation Responsible for the Implementation of Provisions of the United Nations Convention Against Corruption Relating to Mutual Legal Assistance, dated 18 December 2008;
  • Decree No 1966 of the President of the Russian Federation, On Verification of Completeness of the Information, Provided by Persons Applying for Civil Service Positions of the Russian Federation and Occupying Civil Service Positions of the Russian Federation, and Compliance with Restrictions by Persons Occupying Civil Service Positions, dated 21 September 2009;
  • Decree No. 561 of the President of the Russian Federation, On Approval of the Procedure for the Placement of Information on Income, Assets and Proprietary Obligations of Persons Occupying Civil Service Posts of the Russian Federation, Federal Civil Servants and Members of Their Families on the Official Websites of Federal State Organs And State Organs of Subjects of Russian Federation and Provision of This Information to the All-Russian Mass Media for Publication, dated 18 May 2009 (as amended on 12 January 2010);
  • 9. Decree No 560 of the President of Russian Federation, On Provisions by Persons Applying for Civil Service Positions in State Corporations, Funds and Other Organizations, Persons Occupying Managerial Positions in State Corporations, Funds and Other Organizations, of the Information on Income, Assets and Obligations of Proprietary Nature, dated 18 May 2009.
1.5 Government Resolutions

Resolution No 96 of the Government of the Russian Federation, On anticorruption Expertise of Normative Acts and Draft Normative Acts, dated 26 February 2010 (together with the Rules for the Conduct of anticorruption Expertise of Normative Acts and Draft Normative Acts and Methodology for the Conduct of anticorruption Expertise of Normative Acts and Draft Normative Acts)

1.6 Court decisions

Resolution No 6 of the Presidium of Supreme Court of the Russian Federation, On Court Practice in Bribery and Commercial Bribery Cases, dated 10 February 2000

1.7 Anticorruption programmes

Furthermore, there are a number of anticorruption programmes carried out by various agencies, such as: the Ministry of Internal Affairs, the Prosecutor General’s Office, and the Federal Customs Service.

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