of July 10, 2023 No. 286-FZ
About modification of separate legal acts of the Russian Federation
Accepted by the State Duma on June 27, 2023
Approved by the Federation Council on July 5, 2023
Bring in the Federal Law "About Prosecutor's Office of the Russian Federation" (in edition of the Federal Law of November 17, 1995 No. 168-FZ) (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 8, Art. 366; Russian Federation Code, 1995, No. 47, Art. 4472; 1999, No. 7, Art. 878; 2011, No. 48, Art. 6730; 2012, No. 50, Art. 6954; 2013, No. 19, Art. 2329; 2014, No. 30, Art. 4234; 2015, No. 41, Art. 5639; 2017, No. 1, Art. 46; No. 27, Art. 3929; 2020, No. 46, Art. 7211; 2022, No. 50, Art. 8792; 2023, No. 1, Art. 6) following changes:
Article 40.2 to add 1) with item 4 of the following content:
"4. The Prosecutor General of the Russian Federation is exempted from liability for non-compliance with restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of the obligations established by this Federal Law and other Federal Laws for the purpose of anti-corruption if non-compliance with such restrictions, prohibitions and requirements, and also non-execution of such obligations is recognized the investigation of the circumstances which are not depending on it according to the procedure, provided by parts 3 - the 6th article 13 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption".";
Article 41.8 to add 2) with Item 1.1 of the following content:
"1.1. The public prosecutor's worker is exempted from liability for non-compliance with restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of the obligations established by this Federal Law and other Federal Laws for the purpose of anti-corruption if non-compliance with such restrictions, prohibitions and requirements, and also non-execution of such obligations is recognized the investigation of the circumstances which are not depending on it according to the procedure, provided by parts 3 - the 6th article 13 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption".";
3) in Article 41.9:
a) in Item 1:
add paragraph two with words ", except as specified, established by the Federal Laws";
in paragraph three of the word "or submissions of obviously false or incomplete information" shall be replaced with words ", submissions of obviously incomplete data, except as specified, established by the Federal Laws or submissions of obviously false information";
word in paragraph seven "tools. At the same time" shall be replaced with words "tools, except as specified, established by the Federal Laws. At the same time";
b) add Item 2 with words ", except as specified, established by the Federal Laws".
Article 12.1 of the Law of the Russian Federation of June 26, 1992 No. 3132-I "About the status of judges in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Art. 1792; Russian Federation Code, 2001, No. 51, Art. 4834; 2013, No. 27, Art. 3471; 2014, No. 11, Art. 1094; No. 31, the Art. 4832) to add 2018, with Items 10 - 13 following contents:
"10. The judge is exempted from disciplinary responsibility for non-compliance with restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of the obligations established for the purpose of anti-corruption by this Law and (or) the code of judicial ethics approved by the All-Russian congress of judges if non-compliance with such restrictions, prohibitions and requirements, and also non-execution of such obligations is recognized the investigation of the circumstances which are not depending on it according to the procedure, provided by this Article. Observance of such restrictions, prohibitions and requirements, and also execution of such obligations shall be provided with the judge not later than in one month from the date of cancellation of the circumstances interfering observance of such restrictions, prohibitions and requirements, and also execution of such obligations which are not depending on it.
11. For the purposes of this Law the circumstances which are not depending on the judge the force and impreventable majeure which are out of control of the judge affected by them which under existing conditions could not be expected or avoided or which it was impossible to overcome which exclude possibility of observance of restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and the fulfillment of duties established by this Law are recognized. Natural disasters (including earthquake, flood, hurricane), the fire, mass diseases (epidemics), strikes, military operations, acts of terrorism, the prohibitive or rationing arrangements taken by state bodies (including state bodies of foreign states) and local government bodies, in particular, belong to such circumstances. Regularly repeating and predicted events and the phenomena, and also circumstances which approach depended on will or actions of the judge referring to availability of these circumstances can be recognized as the circumstances depending on the judge.
12. Cause and effect relationship between emergence of the circumstances which are not depending on the judge specified in Item 11 of this Article, and impossibility of observance of restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of the obligations established by this Law and (or) the code of judicial ethics approved by the All-Russian congress of judges is condition of recognition of such circumstances which are not depending on the judge the basis for release of this judge from disciplinary responsibility for non-compliance with the specified restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of these obligations.
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