Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

Accepted at the twenty second plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 15, 2003 No. 22-15)

MODEL LAW

Bases of the legislation on anti-corruption policy

This Law is adopted

proceeding from need of ensuring proper public administration, rooting of democratic principles, publicity and control in activities of the state and municipal authorities of the power, building confidence of citizens in the power;

in approval of the principle of disinterested and responsible service of persons allocated with the public status, to citizens, the people and the state;

in confirmation of aspiration of the power to self-restriction, creation of the stable legal basis of the prevention of corruption and enhancement of the national legal system taking into account rules of international law on anti-corruption;

with understanding that corruption poses serious threat of homeland security, to functioning of the public power on the basis of the right and the law, to rule of law, democracy and human rights, equality and social justice; complicates economic development and threatens fundamentals of market economy;

in development of the constitutional obligation of the state to protect rights and freedoms of man and citizen, to support the competition and freedom of economic activity.

Chapter 1. General provisions

Article 1. Anti-corruption policy as subject of legal regulation

The anti-corruption policy as subject of legal regulation includes the relations on:

- to forming of the main beginnings of anti-corruption policy, determination of her concepts, purposes and principles;

- realization of anti-corruption policy in activities for protection of rights and freedoms of man and citizen, legitimate interests of society and the state;

- to establishment of priority spheres and systems of measures of the prevention of corruption, and also to determination of system of subjects of realization of anti-corruption policy;

- to determination of competence of bodies of the public power of national, regional and local levels of forming and realization of anti-corruption policy;

- to determination and carrying out anti-corruption policy in law-making and law-enforcement activities;

- to strengthening of legality and legal basis of functioning of public authorities and local self-government;

- to forming of public sense of justice according to anti-corruption standards;

- to forming of bases of international cooperation in implementation of measures of anti-corruption policy.

Article 2. The basic concepts used in this Law

Corruption - bribery (obtaining or bribery), any illegal use by person of the public status integrated to receipt of benefit (property, services or privileges and/or benefits, including non-property nature) both for, and for the relatives contrary to legitimate interests of society and state, or illegal provision of such benefit to the specified person.

Corruption offense - the act having corruption signs for which the regulatory legal act establishes civil, disciplinary, administrative or criminal liability.

Persons having the public status - faces, it is permanent, temporary or on special power the carrying-out job or service duties in public authorities and local self-government, the public and local government offices, and also persons performing managerial functions in the state and municipal companies or in non-commercial (including foreign and international) the organizations which are not state bodies, local government bodies or their organizations.

Measures of realization of anti-corruption policy - the actions of subjects of anti-corruption policy directed to fight against corruption by the prevention and suppression of corruption offenses, realization of responsibility for such offenses, compensations of the harm done by them, control over realization of the specified measures.

Anti-corruption monitoring - observation, the analysis, assessment and the forecast of corruption offenses, corruptogenic factors, and also died realization of anti-corruption policy.

Anti-corruption examination of legal acts - activities of specialists (experts) in identification and the description of the corruptogenic factors relating to the existing legal acts and their projects; to development of the recommendations submitted on elimination or restriction of action of such factors.

Anti-corruption standards - single for the isolated sphere of legal regulation of guarantee, restriction or the prohibitions providing the prevention or reduction of impact of corruption by functioning of this sphere.

Subjects of anti-corruption policy - the people of the state, public authorities and local self-government, organization, the organization and person authorized on forming and implementation of measures of anti-corruption policy, citizens.

Subjects of corruption offenses - the physical persons and legal entities using the status contrary to legitimate interests of society and state for illegal receipt of benefits and also the faces illegally providing such benefits.

The prevention of corruption - the activities of subjects of anti-corruption policy directed to identification, studying, restriction or elimination of the phenomena generating corruption offenses or promoting their distribution.

Corruptogenic factor - the phenomenon or set of the phenomena generating corruption offenses or promoting their distribution.

Indicators of corruption prevalence - the absolute and relative measures characterizing amount, intensity, structure, dynamics and geographical distribution of the corruption offenses and persons who made them.

Article 3. Purposes and tasks of anti-corruption policy

The purpose of anti-corruption policy is decrease in level of corruption and ensuring protection of the rights and legitimate interests of citizens, societies and the states from the threats connected with corruption by realization of the following tasks:

- prevention of corruption offenses;

- creation of the legal mechanism interfering bribery of persons having the public status;

- creation of the legal mechanism interfering bribery of citizens when holding referendum and elections to public authorities and local self-government;

- ensuring responsibility for corruption offenses in all cases which are directly provided by regulatory legal acts; indemnification, caused by corruption offenses; monitoring of corruptogenic factors and efficiency of measures of anti-corruption policy;

- forming of anti-corruption public consciousness; assistance to the legal reform directed to decrease in uncertainty of legal establishments, effective protection and protection of rights and freedoms of man and citizen;

- assistance of realization of the rights of citizens and the organizations on information access about the facts of corruption and corruptogenic factors, and also on their free lighting in mass media;

- creation of incentives to substitution of the state positions, positions of the state and municipal services by incorruptible persons.

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