FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 25, 2008 No. 273-FZ

About anti-corruption

Accepted by the State Duma of the Russian Federation on December 19, 2008

Approved by Council of the Russian Federation on December 22, 2008

This Federal Law establishes the basic principles of anti-corruption, legal and organizational basis of the prevention of corruption and fight against it, minimization and (or) mitigations of consequences of corruption offenses.

Article 1. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) corruption:

a) abuse of official position, bribery, taking of a bribe, abuse of authority, commercial bribery or other illegal use of the official capacity by physical person contrary to legitimate interests of society and state for the purpose of receipt of benefit in the form of money, values, other property or services of property nature, other property rights for or for the third parties or illegal provision of such benefit to the specified person other physical persons;

b) making of the acts specified in the subitem "an" of this Item from name or for the benefit of the legal entity;

2) anti-corruption - activities of federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, institutes of civil society, the organizations and physical persons within their powers:

a) according to the prevention of corruption, including on identification and the subsequent elimination of the reasons of corruption (corruption prevention);

b) on identification, the prevention, suppression, disclosure and investigation of corruption offenses (fight against corruption);

c) on minimization and (or) mitigation of consequences of corruption offenses.

3) regulatory legal acts of the Russian Federation:

a) federal regulatory legal acts (Federal constitutional Laws, Federal Laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal executive bodies and other federal bodies);

b) laws and other regulatory legal acts of public authorities of subjects of the Russian Federation;

c) municipal legal acts;

4) functions of the public, municipal (administrative) administration by the organization - powers of the government or local government officer to make decisions, obligatory for execution, on personnel, organizational and technical, financial, material or other problems on this organization, including the decisions connected with issue of permissions (licenses) for implementation of certain type of activity and (or) separate actions by this organization or to prepare drafts of such decisions.

Article 2. Legal basis of anti-corruption

The legal basis of anti-corruption is constituted by the Constitution of the Russian Federation, the Federal constitutional Laws, the conventional principles and rules of international law and the international agreements of the Russian Federation, this Federal Law and other Federal Laws, regulatory legal acts of the President of the Russian Federation, and also regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of other federal bodies of the government, regulatory legal acts of public authorities of subjects of the Russian Federation and municipal legal acts.

Article 3. Basic principles of anti-corruption

Anti-corruption in the Russian Federation is based on the following basic principles:

1) recognition, providing and protection of basic rights and freedoms of man and citizen;

2) legality;

3) publicity and openness of activities of state bodies and local government bodies;

4) inevitability of responsibility for making of corruption offenses;

5) complex use of political, organizational, information and propaganda, social and economic, legal, special and other measures;

6) priority application of measures for the prevention of corruption;

7) cooperation of the state with institutes of civil society, international organizations and physical persons.

Article 4. International cooperation of the Russian Federation in the field of anti-corruption

1. The Russian Federation according to international treaties of the Russian Federation and (or) on the basis of the principle of reciprocity cooperates in the field of anti-corruption with foreign states, their law enforcement agencies and special services, and also with the international organizations for the purpose of:

1) establishments of persons, suspected (persons accused) in making of corruption crimes, their locations, and also the location of other persons involved in corruption crimes;

2) the identification of the property received as a result of making of corruption offenses or serving as means of their making;

3) provisions in proper cases of objects or samples of substances for carrying out researches or judicial examinations;

4) exchange of information concerning anti-corruption;

5) coordination of activities for prevention of corruption and fight against corruption.

2. The foreign citizens, persons without citizenship who are not living constantly in the Russian Federation, the foreign legal entities having civil legal capacity, created according to the legislation of foreign states, the international organizations, and also their branches and representations (the foreign organizations), accused (suspects) of making of corruption offenses outside the Russian Federation, are subject to responsibility in accordance with the legislation of the Russian Federation in the cases and procedure provided by international treaties of the Russian Federation and the Federal Laws.

Article 5. Organizational bases of anti-corruption

1. President of the Russian Federation:

1) determines the main directions of state policy in the field of anti-corruption;

2) establishes competence of federal executive bodies which management of activities it performs, in anti-corruption;

3) determines features of observance of restrictions, prohibitions and requirements, the fulfillment of duties established for the purpose of anti-corruption by this Federal Law and other Federal Laws.

2. The Federal Assembly of the Russian Federation provides development and adoption of the Federal Laws concerning anti-corruption, and also controls activities of executive bodies within the powers.

3. The government of the Russian Federation distributes functions between federal executive bodies which management of activities it performs, on anti-corruption.

4. Federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies perform anti-corruption within the powers.

4.1. Law enforcement agencies, other state bodies, local government bodies and their officials shall inform divisions of personnel services of the relevant federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies on prevention of corruption and other offenses (officials of personnel services of the specified bodies responsible for work on prevention of corruption and other offenses) on the facts of non-compliance by the government or local government officer with restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests which became to them known or non-executions of the obligations established for the purpose of anti-corruption.

5. For the purpose of ensuring coordination of activities of federal executive bodies, executive bodies of subjects of the Russian Federation and local government bodies on realization of state policy in the field of anti-corruption according to the decision of the President of the Russian Federation bodies as a part of representatives of federal bodies of the government, public authorities of subjects of the Russian Federation and other persons can be created (further - bodies for coordination of activities in the field of anti-corruption). For execution of decisions of bodies for coordination of activities in the field of anti-corruption drafts of decrees, orders and orders of the President of the Russian Federation, drafts of resolutions, orders and orders of the Government of the Russian Federation which are in accordance with the established procedure submited according to the President of the Russian Federation, the Government of the Russian Federation, and also to be issued acts (joint acts) of federal bodies of the government, public authorities of subjects of the Russian Federation which representatives are part of relevant organ on coordination of activities in the field of anti-corruption can be prepared. In case of data acquisition about making of corruption offenses bodies for coordination of activities in the field of anti-corruption report them to the relevant state bodies, authorized to perform such data and to make following the results of check decisions in the procedure established by the law.

6. The Prosecutor General of the Russian Federation and prosecutors subordinated to him within the powers coordinate activities of law-enforcement bodies of the Russian Federation, bodies of the Federal Security Service, customs authorities of the Russian Federation and other law enforcement agencies for fight against corruption and realize other powers in the field of anti-corruption established by the Federal Laws.

6.1. The Prosecutor General's Office of the Russian Federation in the cases provided by the Federal Laws interacts with competent authorities of foreign states when carrying out by authorized officers state bodies, local government bodies and organizations of checks of observance of the restrictions, prohibitions and requirements established for the purpose of anti-corruption, persons to whom such restrictions, prohibitions and requirements are extended.

7. The Audit Chamber of the Russian Federation within the powers provides anti-corruption according to the Federal Law of April 5, 2013 to No. 41-FZ "About Audit Chamber of the Russian Federation".

Article 6. Measures for corruption prevention

Prevention of corruption is performed by application of the following main measures:

1) forming in the society of intolerance to corruption behavior;

2) anti-corruption examination of legal acts and their projects;

2. 1) consideration in the federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, other bodies, the organizations allocated with the Federal Law separate state or other public powers, at least once in quarter of questions of law-enforcement practice by results of the decisions of the courts which took legal effect, Arbitration Courts about recognition invalid substandard legal acts, illegal decisions and actions (failure to act) of the specified bodies, the organizations and their officials for the purpose of development and taking measures to the prevention and elimination of the reasons established violations;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info