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The fight against corruption: what threatens bribes under the new law

14.08.2018

A new anti-corruption law came into force in August. The package of amendments was introduced by the President of the Russian Federation, on July 24 it was adopted by the State Duma in final form, and on August 3 the head of state signed it. As the Chairman of the State Duma explained earlier, changes in the legislation were "prepared on the basis of an analysis of law enforcement practice".

What will threaten corruption offenses under the new law?

Not only property (real estate, vehicles, securities, shares and units) that can not be proved by the official can be turned into a state income, but also a monetary sum equivalent to the value of this property, if the circulation of the property itself for some reason is impossible. Moreover, this norm applies not only to the property of an official, but also to the property of spouses and minor children.

The state of officials will be monitored after their dismissal or withdrawal from the civil service. The control over their incomes and expenses will be carried out by the Prosecutor's Office within six months.

For all corrupt officials, whether they are state or municipal employees who have violated the law, employees of state corporations or state extra-budgetary funds, a single statute of limitations is established for the application of penalties. If there was not six months excess earlier, now they can bring to responsibility within three years.

Opportunities for anti-corruption control are expanding: heads of state corporations and extra-budgetary funds will receive the right to receive certificates on accounts of individuals and legal entities when carrying out inspections of compliance with the requirements of the anti-corruption legislation. As a guarantee of observance of the rights of audited persons, the law prohibits the disclosure or misuse of this information.

Prevention of a possible conflict of interests is increasing: persons who replace state and municipal positions may participate in the management of commercial and non-commercial organizations on behalf of and in the interests of the Russian Federation, RF subjects or municipalities only on a non-refundable basis in order to avoid a possible conflict of interests.

Additional anti-corruption norms have now appeared in the Code of Administrative Offenses (CAO). The property of a legal entity can now be arrested if this legal entity has violated the article of the Code of Administrative Offenses "Illegal Remuneration on behalf of a Legal Entity". As stated in the law, the cost of the arrested property of the legal entity cannot exceed the maximum penalty for this article.

In the absence of property rights violated by the anti-corruption legislation, the arrest will be imposed on his bank accounts.

The period during which a legal entity must pay a fine for bribe or bribe is reduced, now it will be necessary to do it within a week.

The State Duma will continue to work on improving the anti-corruption legislation in the autumn session: for example, the law-in-draft on the protection of citizens who have notified of corruption offenses is under consideration. It was adopted in the first reading. The plans for the autumn include consideration of the replenishment of the improvement of anti-corruption expertise of laws and legislations.