The main directions of daily activities of managers when organizing work to fulfill the requirements of the legislation of the Russian Federation on combating corruption in relation to employees. "methodological recommendations for the development and adoption of an organization
- Appendix 1. Collection of provisions of regulatory legal acts establishing penalties for committing corruption offenses Appendix 2. International agreements on anti-corruption in commercial organizations and methodological materials of international organizations Appendix 3. Regulatory legal acts of foreign countries on anti-corruption issues that have extraterritorial effect Appendix 4. Review of typical conflict of interest situations Appendix 5. Model declaration of conflict of interest Appendix 6. Anti-Corruption Charter of Russian Business
I. Introduction
Guidelines on the development and adoption by organizations of measures to prevent and combat corruption (hereinafter referred to as the Methodological Recommendations) were developed in pursuance of subparagraph “b” of paragraph 25 of the Presidential Decree Russian Federation dated April 2, 2013 N 309 “On measures to implement certain provisions of the Federal Law “On Combating Corruption” and in accordance with Article 13.3 of the Federal Law dated December 25, 2008 N 273-FZ “On Combating Corruption”.
The purpose of the Methodological Recommendations is to form a unified approach to ensuring work to prevent and combat corruption in organizations, regardless of their forms of ownership, organizational and legal forms, industry affiliation and other circumstances.
Informing organizations about the legal framework for anti-corruption work and liability for corruption offenses;
Determination of the basic principles of anti-corruption in organizations;
Methodological support for the development and implementation of measures aimed at preventing and combating corruption in the organization.
Commitment of guilty actions by an employee directly servicing monetary or commodity values if these actions give rise to a loss of confidence in him on the part of the employer (clause 7 of part one of Article 81 of the Labor Code of the Russian Federation);
Making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the organization’s property (clause 9 of part one of Article 81 of the Labor Code of the Russian Federation);
A one-time gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties (clause 10 of part one of Article 81 of the Labor Code of the Russian Federation).
2. International agreements on anti-corruption issues in commercial organizations and foreign legislation
Organizations and their employees should take into account that they may be subject to standards and sanctions established not only by Russian but also by foreign anti-corruption legislation, in particular:
Anti-corruption legislation of those countries in whose territory the organization operates may be applied to a Russian organization;
In relation to a foreign organization for committing a corruption offense on the territory of the Russian Federation, liability measures provided for by the anti-corruption legislation of the country in which the organization is registered or with which it is otherwise connected may be applied.
In this regard, Russian organizations are recommended to study the anti-corruption legislation of the countries in which they operate, regarding the grounds for holding an organization accountable for corruption offenses.
Of particular importance in this regard is legislation aimed at combating bribery of foreign officials. General approaches to combating this crime are enshrined in the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Information about the said Convention is given in Appendix 2 to these Methodological Recommendations.
If difficult situations arise related to bribery of foreign officials, Russian organizations operating outside the territory of the Russian Federation may seek advice and support from diplomatic and trade missions of the Russian Federation abroad.
The appeal may be carried out, among other things, for the purpose of reporting information about facts of bribery of foreign officials that have become known to the organization. Russian organizations or to obtain support when the organization is faced with cases of solicitation of bribes or receiving (giving) bribes by foreign officials.
On the territory of Russia, the Investigative Committee of the Russian Federation has exclusive competence to investigate facts of bribery of foreign officials (giving a bribe and receiving a bribe). In this regard, it is recommended to inform the investigative authorities of the Investigative Committee of the Russian Federation about facts of bribery of foreign officials by individuals and legal entities.
A number of foreign countries have adopted legislative acts on issues of combating corruption and bribery with extraterritorial effect. Organizations registered and (or) operating on the territory of the Russian Federation that are subject to such regulatory legal acts should take into account the requirements and restrictions established by them. Appendix 3 to these Guidelines provides a brief overview of the US Foreign Corrupt Practices Act (FCPA, 1977) and the UK Bribery Act (2010).
III. Basic principles of anti-corruption in an organization
When creating a system of anti-corruption measures in an organization, it is recommended to be based on the following key principles:
1. The principle of compliance of the organization’s policies with current legislation and generally accepted standards.
Compliance of the implemented anti-corruption measures with the Constitution of the Russian Federation, international treaties concluded by the Russian Federation, the legislation of the Russian Federation and other regulatory legal acts applicable to the organization.
2. The principle of personal leadership example.
The key role of the organization’s management in creating a culture of intolerance towards corruption and in creating an intra-organizational system for preventing and combating corruption.
3. The principle of employee involvement.
Awareness of the organization's employees about the provisions of anti-corruption legislation and their active participation in the formation and implementation of anti-corruption standards and procedures.
4. The principle of proportionality of anti-corruption procedures to the risk of corruption.
The development and implementation of a set of measures to reduce the likelihood of an organization, its managers and employees being involved in corruption activities is carried out taking into account the corruption risks existing in the activities of this organization.
5. The principle of the effectiveness of anti-corruption procedures.
The use of anti-corruption measures in an organization that are low cost, ensure ease of implementation and bring significant results.
6. The principle of responsibility and inevitability of punishment.
The inevitability of punishment for the organization’s employees, regardless of their position, length of service and other conditions, if they commit corruption offenses in connection with the performance of their job duties, as well as the personal responsibility of the organization’s management for the implementation of the internal organizational anti-corruption policy.
7. The principle of business openness.
Informing contractors, partners and the public about the anti-corruption business standards adopted by the organization.
8. The principle of constant control and regular monitoring.
Regular monitoring of the effectiveness of implemented anti-corruption standards and procedures, as well as control over their implementation.
IV. Anti-corruption policy of the organization
1. General approaches to the development and implementation of anti-corruption policy
An organization's anti-corruption policy is a set of interrelated principles, procedures and specific measures aimed at preventing and suppressing corruption offenses in the activities of this organization. It is recommended to consolidate information about the anti-corruption policy implemented in the organization in a single document, for example, with the same name - “Anti-corruption policy (name of organization).”
It is recommended to adopt the anti-corruption policy and other documents of the organization regulating the issues of preventing and combating corruption in the form of local regulations, which will ensure that they are compulsorily followed by all employees of the organization.
The systematic implementation of anti-corruption measures in an organization is associated with certain costs, but in the medium and long term it can bring a number of significant benefits to the organization.
In particular, the organization's commitment to the law and high ethical standards in business relations contribute to strengthening its reputation among other companies and clients. At the same time, the reputation of the organization can, to some extent, serve as protection against corruption attacks from unscrupulous representatives of other companies and government bodies: the latter may refrain from offering or extorting illegal remuneration, since they will know that such an offer will be rejected.
In addition, the implementation of anti-corruption measures significantly reduces the risks of applying liability measures against the organization for bribery of officials, including foreign ones. It should be especially noted that preventing corruption when selecting counterparty organizations and building relationships with them reduces the likelihood of sanctions being imposed on the organization for improper actions of intermediaries and partners.
An organization's refusal to participate in corrupt transactions and the prevention of corruption also contribute to the conscientious behavior of its employees towards each other and towards the organization itself. And vice versa - the organization’s loyal attitude towards illegal and unethical behavior towards contractors can lead to employees feeling that such behavior is acceptable towards their employer and colleagues.
In the development and implementation of anti-corruption policy as a document, the following stages should be distinguished:
Development of a draft anti-corruption policy;
Coordination of the project and its approval;
Informing employees about the anti-corruption policy adopted in the organization;
Implementation of anti-corruption measures provided for in the policy;
Analysis of the application of anti-corruption policy and, if necessary, its revision.
Development of a draft anti-corruption policy
The developer of the anti-corruption policy can be an official or a structural unit of the organization, which is planned to be entrusted with the functions of preventing and combating corruption. Organizations of large and medium-sized businesses that have sufficient financial resources can involve external experts in the development and subsequent implementation of anti-corruption policies.
In addition to the persons directly responsible for developing the draft anti-corruption policy, it is recommended to actively involve a wide range of organization employees in its discussion. To do this, it is necessary to ensure that employees are informed about the opportunity to participate in the preparation of the project. In particular, the draft policy can be posted on the corporate website. It is also useful to conduct face-to-face discussions and consultations.
Coordination of the project and its approval
It is recommended that the draft anti-corruption policy, prepared taking into account the proposals and comments received, be agreed upon with the personnel and legal departments of the organization, employee representatives, and then presented to the management of the organization.
The final version of the project is subject to approval by the organization's management. The adoption of the policy in the form of a local regulatory act will ensure that all employees of the organization comply with it, which can also be ensured by including these requirements in employment contracts as an obligation of employees.
Informing employees about the anti-corruption policy adopted in the organization
The approved anti-corruption policy of the organization is brought to the attention of all employees of the organization, including through email notification. It is recommended to organize familiarization with the policy of employees hired by the organization against signature. You should also ensure that employees have unhindered access to the text of the policy, for example, by posting it on the organization’s corporate website. It is also useful to provide for a “transition period” from the moment the anti-corruption policy is adopted until the start of its operation, during which training for the organization’s employees on the implemented standards of behavior, rules and procedures.
Implementation of anti-corruption measures provided for in the policy
The approved policy is subject to direct implementation and application in the activities of the organization. Exclusively great importance at this stage there is support for anti-corruption measures and initiatives by the organization’s management. The head of the organization, on the one hand, must demonstrate a personal example of compliance with anti-corruption standards of behavior, and on the other hand, act as a guarantor of the implementation of anti-corruption rules and procedures in the organization.
Analysis of the application of anti-corruption policy and, if necessary, its revision
It is recommended to regularly monitor the progress and effectiveness of the implementation of anti-corruption policies. In particular, an official or structural unit of an organization entrusted with the functions of preventing and combating corruption may annually submit a corresponding report to the management of the organization. If, based on the monitoring results, doubts arise about the effectiveness of the anti-corruption measures being implemented, it is necessary to make changes and additions to the anti-corruption policy.
A review of the adopted anti-corruption policy may be carried out in other cases, such as introducing amendments to the Labor Code of the Russian Federation and anti-corruption legislation, changing the organizational and legal form of the organization, etc.
Goals and objectives of implementing anti-corruption policy;
Concepts and definitions used in politics;
Basic principles of the organization’s anti-corruption activities;
Scope of the policy and the circle of persons covered by it;
Identification of organization officials responsible for the implementation of anti-corruption policy;
Defining and consolidating the responsibilities of employees and organizations related to preventing and combating corruption;
Establishing a list of anti-corruption measures, standards and procedures implemented by the organization and the procedure for their implementation (application);
Responsibility of employees for failure to comply with the requirements of the anti-corruption policy;
The procedure for reviewing and making changes to the organization’s anti-corruption policy.
Scope of the policy and the circle of persons covered by it
The main circle of persons covered by the policy are the organization’s employees who are in contact with it. labor relations, regardless of position held and functions performed. However, the policy may establish cases and conditions under which its effect also applies to other persons, for example, individuals and (or) legal entities with whom the organization enters into other contractual relationships. It is necessary to take into account that these cases, conditions and obligations must also be enshrined in contracts concluded by the organization with counterparties.
Reinforcing the responsibilities of employees and organizations related to preventing and combating corruption
The responsibilities of employees of an organization in connection with preventing and combating corruption can be general for all employees of the organization or special, that is, established for certain categories of employees.
Examples of general responsibilities of employees in connection with preventing and combating corruption may include the following:
Refrain from committing and (or) participating in the commission of corruption offenses in the interests or on behalf of the organization;
Refrain from behavior that may be interpreted by others as a willingness to commit or participate in the commission of a corruption offense in the interests of or on behalf of the organization;
Immediately inform the immediate supervisor / person responsible for implementing the anti-corruption policy / organization management about cases of inducing an employee to commit corruption offenses;
Immediately inform the immediate superior / person responsible for implementing the anti-corruption policy / management of the organization about information that has become known to the employee about cases of corruption offenses committed by other employees, contractors of the organization or other persons;
Inform the immediate superior or other responsible person about the possibility of a conflict of interest arising or arising for the employee.
In order to ensure the effective performance of the duties assigned to employees, it is necessary to clearly regulate the procedures for their compliance. So, in particular, the procedure for notifying the employer about cases of inducing an employee to commit corruption offenses or about information about cases of corruption offenses becoming known to the employee should be enshrined in the local regulatory act of the organization. IN this document it is necessary to provide channels and forms for submitting notifications, the procedure for their registration and terms of consideration, as well as measures aimed at ensuring the confidentiality of information received and the protection of persons reporting corruption offenses. As methodological material when preparing a local regulatory act, we propose to use the Methodological Recommendations on the procedure for notifying a representative of the employer (employer) about the facts of an appeal in order to induce a state or municipal employee to commit corruption offenses, including a list of information contained in the notifications, issues of organizing the verification of this information and procedure for registering notifications.
Special responsibilities in connection with preventing and combating corruption may be established for the following categories of persons working in the organization: 1) management of the organization; 2) persons responsible for the implementation of anti-corruption policy; 3) employees whose activities are associated with corruption risks; 3) persons performing internal control and audit, etc.
Table 1 - Approximate list of anti-corruption measures
|
Direction |
Event |
|
Regulatory support, consolidation of standards of behavior and declaration of intentions |
Development and adoption of a code of ethics and official conduct for employees of the organization |
|
Development and implementation of provisions on conflicts of interest, declaration of conflicts of interests |
|
|
Development and adoption of rules regulating the exchange of business gifts and signs of business hospitality |
|
|
An indicative list of precautionary measures aimed at minimizing the threat of violation of basic principles of ethics created by a conflict of interest (clause 2.34.4); An approximate list of possible approaches to disclosing information about the presence of a conflict of interest and obtaining client consent to the provision of professional services by an audit organization (clause 2.34.5), etc. Regulatory legal acts defining the legal status of organizations of certain organizational and legal forms Use of standard anti-corruption clauses in joint agreements; Public refusal of joint business activities with persons (organizations) involved in corruption crimes; Organizing and conducting joint training on preventing and combating corruption. The Anti-Corruption Charter is open for accession by all-Russian, regional and industry associations, as well as Russian companies and foreign companies operating in Russia. At the same time, companies can join the Anti-Corruption Charter both directly and through associations of which they are members. Based on the Anti-Corruption Charter and taking into account these Methodological Recommendations, associations of entrepreneurs can develop independent guidelines for the implementation of specific measures to prevent and combat corruption, depending on their industry affiliation and direction economic activity or the size of the businesses they combine. On issues of preventing and combating corruption, organizations can, among other things, interact with the following associations: Chamber of Commerce and Industry of the Russian Federation and its regional associations (www.tpprf.ru); Russian Union of Industrialists and Entrepreneurs (www.rspp.ru); All-Russian public organization "Business Russia" (www.deloros.ru); All-Russian public organization of small and medium-sized businesses "OPORA RUSSIA" (www.opora.ru). _____________________________ * Letter of the Ministry of Health and Social Development of Russia dated September 20, 2010 N 7666-17 “On methodological recommendations on the procedure for notifying a representative of the employer (employer) about the facts of an appeal in order to induce a state or municipal employee to commit corruption offenses, including a list of information contained in the notifications, questions organization of verification of this information and the procedure for registering notifications" was published in the legal reference systems Consultant Plus and GARANT, as well as on the official website of the Ministry of Labor of Russia at: http://www.rosmintrud.ru/ministry/programms/gossluzhba/antikorr/1. ** The text of the Review is posted on the official website of the Ministry of Labor and Social Protection of the Russian Federation (http://www.rosmintrud.ru/ministry/programms/gossluzhba/antikorr/2/2). *** Text of the Anti-Corruption Charter and Road map, describing the mechanism for joining the charter, are given in Appendix 5 to the Methodological Recommendations. |
Home Anti-corruption Methodological materials More details
09/21/2017 09:54:02 10/29/2015 16:40:05Methodological recommendations on organizing the work of senior officials to ensure compliance with the requirements of the legislation of the Russian Federation on combating corruption in military command and control bodies, associations, formations, military units, military commissariats and organizations of the Armed Forces of the Russian Federation
I. General provisions
1. These Guidelines have been developed in order to form a unified approach to streamlining daily activities leading officials* (hereinafter referred to as managers, officials or commanders, chiefs) and providing them with methodological assistance in organizing activities to prevent and combat corruption in the central bodies of military command, associations, formations, military units and organizations created to carry out the tasks assigned before the Ministry of Defense of the Russian Federation (hereinafter, unless otherwise stated - military units), as well as their strict compliance with the anti-corruption legislation of the Russian Federation when organizing the relevant work.
increasing the effectiveness of measures taken by managers to combat corruption-related offenses among subordinate military personnel, federal government civil servants (hereinafter, unless otherwise specified, civil servants) and employees of organizations created to carry out the tasks assigned to the Ministry of Defense of the Russian Federation (hereinafter, if not specifically stated - personnel);
level up legal consciousness and personal responsibility of managers for preventing the commission of corruption offenses among subordinate personnel.
3. The basic principles of anti-corruption, the most acceptable when organizing anti-corruption work in military units, are:
recognition, provision and protection of fundamental rights and freedoms of man and citizen;
legality;
mutual cooperation (interaction) of commanders (chiefs) with law enforcement agencies, other authorized (competent) bodies and institutions civil society;
comprehensive use of organizational, legal, information and propaganda, special and other measures to prevent corruption.
4. The goals of anti-corruption activities of managers when organizing relevant workare identifying, eliminating the causes and conditions of corruption in military units, as well as preventing corruption offenses among subordinate personnel.
5. The manager must take all anti-corruption protection measures, which consist of preventing and decisively overcoming dangerous corruption situations* and their consequences. The fight against corruption requires systematic approach and mobilization of the efforts of commanders (chiefs) at all levels.
II. Terms and Definitions,
used (used)
6. Corruption- abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery, or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, etc. property rights for oneself or for third parties, or the illegal provision of such benefits to the specified person by other individuals. Corruption is also the commission of the listed acts on behalf of or in the interests of a legal entity (clause 1 of Article 1 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”).
7. Anti-corruption- activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, civil society institutions, organizations and individuals within the limits of their powers (clause 2 of Article 1 of the Federal Law of December 25, 2008 No. 273-FZ
“On Anti-Corruption”):
on the prevention of corruption, including the identification and subsequent elimination of the causes of corruption (prevention of corruption);
to identify, prevent, suppress, disclose and investigate corruption offenses (anti-corruption);
to minimize and (or) eliminate the consequences of corruption offenses.
8. Bribe- receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of money, securities, other property, or in the form of illegal provision of services of a property nature, provision of other property rights for the commission of actions (inaction) in favor of the bribe-giver or persons represented by him, if such actions (inaction) are within the official powers of the official person, or if, by virtue of his official position, he can contribute to such actions (inaction), as well as for general patronage or connivance in the service.
9. Commercial bribery- illegal transfer to a person performing managerial functions in a commercial or other organization of money, securities, other property, provision of services of a property nature to him, granting other property rights for performing actions (inaction) in the interests of the giver in connection with the official position occupied by this person ( part one of article 204 of the Criminal Code of the Russian Federation).
10. Conflict of interest- a situation in which the personal interest (direct or indirect) of an employee (organization representative) affects or may affect the proper performance of his official (labor) duties and in which a contradiction arises or may arise between the personal interest of the employee (organization representative) and the rights and legal interests of the organization, which can lead to harm to the rights and legitimate interests, property and (or) business reputation of the organization of which he is an employee (representative of the organization).
11. Personal interest of an employee (organization representative)- the interest of the employee (representative of the organization), associated with the possibility of the employee (representative of the organization) receiving job responsibilities income in the form of money, valuables, other property or services of a property nature, other property rights for oneself or for third parties.
III. Regulatory legal acts on anti-corruptionin the Armed Forces of the Russian Federation
12. Regulatory legal acts to combat corruption in the Armed Forces of the Russian Federation include:
a) The Constitution of the Russian Federation;
b) federal laws:
dated March 28, 1998 No. 53-FZ “On military duty and military service” (hereinafter referred to as Federal Law No. 53-FZ);
dated December 30, 2001 No. 197-FZ “Labor Code of the Russian Federation” (hereinafter referred to as Federal Law No. 197-FZ);
dated July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (hereinafter referred to as Federal Law of 2004 No. 79-FZ);
dated December 25, 2008 No. 273-FZ “On Combating Corruption” (hereinafter referred to as Federal Law No. 273-FZ);
dated July 17, 2009 No. 172-FZ “On anti-corruption examination of normative legal acts and draft normative legal acts” (hereinafter referred to as Federal Law No. 172-FZ);
dated December 3, 2012 No. 230-FZ “On control over the compliance of expenses of persons holding public positions and other persons with their income” (hereinafter referred to as Federal Law No. 230-FZ);
dated December 3, 2012 No. 231-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On control over the compliance of expenses of persons holding public positions and other persons with their income” (hereinafter referred to as Federal Law No. 231-FZ);
dated May 7, 2013 No. 79-FZ “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments "(hereinafter - Federal Law of 2013 No. 79-FZ);
c) decrees of the President of the Russian Federation:
dated August 12, 2002 No. 885 “On approval general principles official conduct of civil servants" (hereinafter referred to as Decree of the President of the Russian Federation No. 885);
dated May 18, 2009 No. 557 “On approval of the list of positions of the federal civil service, upon appointment to which citizens and when replacing which federal civil servants are required to provide information about their income, property and property-related liabilities, as well as information about the income, property and property-related liabilities of their spouse and minor children" (hereinafter - Decree of the President of the Russian Federation No. 557);
dated May 18, 2009 No. 559 “On the submission by citizens applying for positions in the federal civil service and federal civil servants of information on income, property and property-related obligations” (hereinafter referred to as Decree of the President of the Russian Federation No. 559);
dated May 18, 2009 No. 560 “On the submission by citizens applying for leadership positions in state corporations, funds and other organizations, by persons holding leadership positions in state corporations, funds and other organizations, information on income, property and property liabilities character" (hereinafter referred to as Decree of the President of the Russian Federation No. 560);
dated September 21, 2009 No. 1065 “On verification of the accuracy and completeness of information provided by citizens applying for positions in the federal civil service, and by federal civil servants, and compliance by federal civil servants with requirements for official conduct” (hereinafter referred to as Decree of the President of the Russian Federation No. 1065);
dated July 1, 2010 No. 821 “On commissions for compliance with the requirements for official conduct of federal civil servants and the resolution of conflicts of interest” (hereinafter referred to as Decree of the President of the Russian Federation No. 821);
dated July 21, 2010 No. 925 “On measures to implement certain provisions of the Federal Law “On Combating Corruption” (hereinafter referred to as Decree of the President of the Russian Federation No. 925);
dated April 2, 2013 No. 309 “On measures to implement certain provisions of the Federal Law “On Combating Corruption” (hereinafter referred to as Decree of the President of the Russian Federation No. 309);
dated April 2, 2013 No. 310 “On measures to implement certain provisions of the Federal Law “On control over the compliance of expenses of persons holding public positions and other persons with their income” (hereinafter referred to as Decree of the President of the Russian Federation No. 310);
dated July 8, 2013 No. 613 “Anti-corruption issues” (hereinafter referred to as Decree of the President of the Russian Federation No. 613);
dated April 11, 2014 No. 226 “On the National Anti-Corruption Plan for 2014-2015” (hereinafter referred to as Decree of the President of the Russian Federation No. 226);
dated June 23, 2014 No. 453 “On amendments to certain acts of the President of the Russian Federation on anti-corruption issues” (hereinafter referred to as Decree of the President of the Russian Federation No. 453);
dated June 23, 2014 No. 460 “On approval of the form of a certificate of income, expenses, property and property obligations and amendments to certain acts of the President of the Russian Federation” (hereinafter referred to as Decree of the President of the Russian Federation No. 460) (comes into force on 1 January 2015);
d) resolutions of the Government of the Russian Federation:
dated July 5, 2013 No. 568 “On the extension to certain categories of citizens of restrictions, prohibitions and obligations established by the Federal Law “On Combating Corruption” and other federal laws for the purpose of combating corruption” (hereinafter referred to as Resolution of the Government of the Russian Federation No. 568);
dated January 9, 2014 No. 10 “On the procedure for reporting by certain categories of persons about the receipt of a gift in connection with their official position or the performance of their official (official) duties, delivery and evaluation of the gift, sale (redemption) and crediting of proceeds from its sale "(hereinafter referred to as Resolution of the Government of the Russian Federation No. 10);
e) orders of the Minister of Defense of the Russian Federation:
dated October 25, 2012 No. 3313dsp “On the List of positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, when appointed to which military personnel, federal state civil employees and citizens and, when replacing them, military personnel, federal government civil servants and workers are required to provide information on their income, expenses (insofar as they relate to persons defined by the legislation of the Russian Federation), property and property-related obligations, as well as information on income, expenses ( insofar as it concerns persons defined by the legislation of the Russian Federation), on the property and obligations of a property nature of their spouse and minor children" (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 3313dsp);
dated December 29, 2012 No. 3910 “On representatives of the Ministry of Defense of the Russian Federation exercising the powers of the employer in relation to employees military units and organizations of the Armed Forces of the Russian Federation" (hereinafter - Order of the Minister of Defense of the Russian Federation No. 3910);
dated April 15, 2013 No. 285 “On the extension to employees holding certain positions on the basis of an employment contract in organizations created to carry out the tasks assigned to the Ministry of Defense of the Russian Federation, restrictions, prohibitions and obligations established for federal government civil servants” ( hereinafter - Order of the Minister of Defense of the Russian Federation No. 285);
dated May 8, 2013 No. 354dsp “On amendments to the order of the Minister of Defense of the Russian Federation dated October 25, 2012 No. 3313dsp” (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 354dsp);
dated June 20, 2013 No. 463 “On the assignment of functions for the prevention of corruption and other offenses in the Ministry of Defense of the Russian Federation” (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 463);
dated June 26, 2013 No. 478 “On approval of the Procedure for the submission by citizens applying for positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out the tasks assigned to the Ministry of Defense of the Russian Federation, military personnel, federal state civil servants information on income, property and property-related obligations and employees information on income, expenses, property and property-related obligations” (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 478);
dated June 29, 2013 No. 484 “On approval of the Regulations on verifying the accuracy and completeness of information provided by citizens applying for positions, and employees filling positions in organizations created to fulfill the tasks assigned to the Ministry of Defense, and compliance by employees with requirements for official conduct" (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 484);
dated November 9, 2013 No. 810dsp “On amendments to the List of positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, when appointed to which military personnel, federal state civil servants and citizens and, when replacing them, military personnel, federal state civil servants and workers are required to provide information on their income, expenses (insofar as they relate to persons determined by the legislation of the Russian Federation), property and property-related obligations, as well as information about income, expenses (insofar as they relate to persons determined by the legislation of the Russian Federation), on the property and obligations of a property nature of their spouse and minor children, approved by order of the Minister of Defense of the Russian Federation dated October 25, 2012 No. 3313dsp" (hereinafter referred to as the order Minister of Defense of the Russian Federation No. 810dsp);
dated April 5, 2014 No. 215 “On approval of the Procedure for submitting information on expenses by military personnel of the Armed Forces of the Russian Federation and federal state civil servants of the Ministry of Defense of the Russian Federation” (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 215);
dated April 5, 2014 No. 217 “On the List of positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, the replacement of which entails posting information about their income, expenses, property and property-related obligations, as well as information about income, expenses, property and property-related obligations of their spouse and minor children on the official website of the Ministry of Defense of the Russian Federation" (hereinafter - Order of the Minister of Defense of the Russian Federation No. 217);
dated June 2, 2014 No. 385 “On approval of the Anti-Corruption Plan in the Armed Forces of the Russian Federation for 2014 - 2015” (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 385);
dated June 10, 2014 No. 388 “On commissions of organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, to comply with the requirements for official conduct of employees and resolve conflicts of interest” (hereinafter referred to as Order of the Minister of Defense of the Russian Federation No. 388);
other legislative, regulatory legal acts of the Russian Federation and the Ministry of Defense of the Russian Federation, official documents of a methodological nature, published within the competence of the relevant government bodies and officials.
IV. The main directions of daily activities of managers when organizing work to fulfill the requirements of the legislation of the Russian Federation on combating corruption in relation to military personnel
Organization of ensuring compliance by military personnel with the requirements of anti-corruption legislationRussian Federation
13. The organization of work to combat corruption in the Armed Forces of the Russian Federation is entrusted to the Secretary of State - Deputy Minister of Defense of the Russian Federation by order of the Minister of Defense of the Russian Federation dated December 29, 2012 No. 3915.
14. Tasks to ensure that military personnel comply with the requirements of the legislation of the Russian Federation on combating corruption are resolved by leaders on the basis of the Anti-Corruption Plan in military command and control bodies and troops (forces).
In accordance with paragraph 2 of Order No. 385 of the Minister of Defense of the Russian Federation, Deputy Ministers of Defense of the Russian Federation, commanders-in-chief of branches of the Armed Forces of the Russian Federation, commanders of troops of military districts, branches of troops of the Armed Forces of the Russian Federation, heads of central military command bodies approve anti-corruption plans developed in their subordinates military command and control bodies, troops (forces).
When developing long-term and current planning of anti-corruption measures, leaders need to take into account the adoption of new legislative and other regulatory legal acts of the Russian Federation and the Ministry of Defense of the Russian Federation, as well as ensure personal responsibility of officials for the state of work to combat corruption in military command and control bodies and troops (forces). ).
At the same time, paragraph 2 of Decree of the President of the Russian Federation No. 226 requires that anti-corruption plans be aimed at achieving specific results and also provide for monitoring their implementation.
Plan activities should be aimed at solving the following tasks:
a) improving the organization of work to combat corruption in military command and control bodies and troops (forces);
b) organizing the implementation of legislative acts and management decisions in the field of anti-corruption;
c) intensifying anti-corruption education for military personnel;
d) implementation of requirements regarding the obligation of heads of military command and control bodies to take measures to prevent corruption, as well as the responsibility of officials for illegal remuneration on behalf of a legal entity.
In order to implement these tasks and organize the implementation of Federal Law No. 273-FZ, managers, on the basis of federal laws, must:
a) intensify efforts to develop a negative attitude towards corruption among military personnel, and involve public organizations, whose statutory tasks are to participate in the fight against corruption, and other institutions of civil society, make public every established fact of corruption in a military command body;
b) provide:
control over the fulfillment by military personnel of the obligation to report in cases established by federal laws about the receipt of a gift in connection with their official position or in connection with the performance of their official duties (Resolution of the Government of the Russian Federation of 2014 No. 10);
implementation of a set of organizational, explanatory and other measures to ensure military personnel comply with restrictions and prohibitions, as well as to fulfill their duties established for the purpose of combating corruption;
carrying out training activities for military personnel negative attitude to giving gifts in connection with their official position or in connection with the performance of their official duties;
carrying out a set of organizational, explanatory and other measures to prevent military personnel from behavior that may be perceived by others as a promise or offer to give a bribe, or as an agreement to accept a bribe or a request to give a bribe;
for each case of non-compliance with restrictions, prohibitions and failure to fulfill obligations established for the purpose of combating corruption, violation of restrictions regarding the receipt of gifts and the procedure for handing over gifts, conduct proceedings in accordance with the requirements of regulatory legal acts and take liability measures in the prescribed manner.
These areas of activity of the manager must be taken into account in anti-corruption plans in the form of specific measures.
The plan for combating corruption in the military command and control body, troops (forces), in form and structure, must correspond to the Plan for combating corruption in the Armed Forces of the Russian Federation (annex to the order of the Minister of Defense of the Russian Federation No. 385). Anti-corruption measures and expected results are developed taking into account the specifics of the tasks performed by associations (formations, military units), as well as the activities of military command and control bodies.
15. In accordance with paragraph 4 of Decree of the President of the Russian Federation No. 1065 and paragraph 1 of the Order of the Minister of Defense of the Russian Federation No. 463 issued in its development, in order to solve anti-corruption tasks, managers are required to identify in subordinate units officials responsible for work on the prevention of corruption and other offenses, assigning them the following functions:
a) ensuring that military personnel comply with restrictions and prohibitions, requirements to prevent or resolve conflicts of interest, and their performance of duties established by Federal Law No. 273-FZ and other federal laws (hereinafter referred to as the requirements for official conduct);
b) taking measures to identify and eliminate the causes and conditions that contribute to the emergence of a conflict of interest;
c) ensuring the activities of certification commissions when considering issues of compliance with requirements for official conduct and resolving conflicts of interest;
d) ensuring that military personnel fulfill the obligation to notify the Minister of Defense of the Russian Federation about all cases of any person contacting them in order to induce them to commit corruption offenses;
e) organizing legal education of military personnel on the prevention of corruption and other offenses;
f) conducting proceedings against military personnel who have committed corruption and other offenses;
g) provision of advisory assistance to military personnel on issues related to the practical application of requirements for official conduct and general principles of official conduct of civil servants, approved by Decree of the President of the Russian Federation No. 885, as well as with notification in the prescribed manner to the Minister of Defense of the Russian Federation about facts of corruption committed by military personnel offenses, failure to provide information or provision of false or incomplete information about income, property and property-related obligations;
h) ensuring the verification of the accuracy and completeness of information on income, expenses, property and property-related obligations submitted by citizens applying for military service positions and military personnel in accordance with legislative and other regulatory legal acts of the Russian Federation, as well as verification of compliance by military personnel requirements for official conduct.
16. The system of work of managers in organizing the implementation of the requirements of the legislation of the Russian Federation on anti-corruption and the List of necessary regulatory legal acts and other official documents of the military unit on anti-corruption issues are given in Appendices No. 1 and No. 2 to these Methodological Recommendations.
Organization of the manager’s work in providing military personnel with information on income, expenses, property and property-related obligations
17. In accordance with Chapter I of the Procedure for submitting by citizens applying for positions in the military service, the federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out the tasks assigned to the Ministry of Defense of the Russian Federation, military personnel, federal state civil servants information on income, property and property-related obligations and employees information on income, expenses, property and property-related obligations, approved by Order of the Minister of Defense of the Russian Federation No. 478, military personnel serving under contract in the Armed Forces of the Russian Federation, applying for replacement military service positions in the Ministry of Defense of the Russian Federation, provided for in the list of positions, are represented by:
information about your income received from all sources (including income from your previous place of work or place of holding an elective position, pensions, benefits, other payments) for the calendar year preceding the year of filing documents for filling a military service position, as well as information about the property owned him on the right of ownership, and about his obligations of a property nature as of the first day of the month preceding the month of filing documents for filling a military service position (as of the reporting date);
information about the income of the spouse and minor children received from all sources (including wages, pensions, benefits, other payments) for the calendar year preceding the year of filing documents to fill a military service position, as well as information about the property belonging to them in property rights, and about their property obligations as of the first day of the month preceding the month of filing documents to fill a military service position (as of the reporting date).
18. Federal Law No. 230-FZ establishes the legal and organizational basis for monitoring the compliance of the expenses of a person holding a public position (another person), the expenses of his spouse and minor children with the total income of this person and his spouse for the last three years preceding the transaction, determines the categories of persons in respect of whom control of expenses is carried out.
This law establishes the obligation of military personnel to provide information about their expenses, as well as the expenses of their spouse and minor children for each acquisition transaction land plot, another piece of real estate, a vehicle, securities, shares (participatory interests, shares in the authorized (share) capitals of organizations), if the transaction amount exceeds the total income of the person and his spouse for three last year, preceding the transaction, and about the sources of funds at the expense of which the transaction was completed.
19. Citizens applying for military service positions in the Ministry of Defense of the Russian Federation, provided for in the list of positions, provide information on income and expenses by January 1, 2015 using previously established certificate forms.
20. In accordance with subparagraph 2.3 of paragraph 2 of the resolution of the Coordination Meeting of Heads of Law Enforcement Agencies in the Armed Forces of the Russian Federation, other troops, military formations and bodies dated April 24, 2014, military personnel and citizens applying for military service positions in the Ministry of Defense of the Russian Federation, It is recommended to indicate in information about your income and the income of your spouse and minor children received from all sources, including:
income received by inheritance;
income received in connection with a gift from close relatives (including without the execution of civil contracts).
21. Information on income, expenses, property and property-related liabilities is submitted according to the certificate form approved by the President of the Russian Federation* (for the reporting period from January 1 to December 31) annually, no later than April 30 of the year following the reporting year, by military personnel holding positions military service:
appointment to which is carried out by the President of the Russian Federation - to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation for subsequent submission of the specified information to the Office of the President of the Russian Federation on Anti-Corruption Issues;
appointments to which are carried out by the Minister of Defense of the Russian Federation, Deputy Ministers of Defense of the Russian Federation - to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation;
appointments to which are carried out by the commanders-in-chief of the branches of the Armed Forces of the Russian Federation and the commanders of the branches of the Armed Forces of the Russian Federation - to the personnel bodies of the branches of the Armed Forces of the Russian Federation and the branches of the Armed Forces of the Russian Federation, respectively;
appointments to which are carried out by commanders of troops of military districts, fleets - to the personnel bodies of military districts, fleets, respectively;
appointments to which are carried out by military chiefs educational organizations higher education Ministry of Defense of the Russian Federation, - to the personnel bodies of military educational organizations of higher education of the Ministry of Defense of the Russian Federation.
22. Upon completion of the collection of information on income, property and property-related obligations and in accordance with paragraph 4 of the Procedure for posting information on income, expenses, property and property-related obligations of certain categories of persons and members of their families on the official websites of federal government bodies, bodies state authorities of the constituent entities of the Russian Federation and organizations and the presentation of this information to all-Russian means mass media for publication, approved by Decree of the President of the Russian Federation No. 613, and the requirements of Order of the Minister of Defense of the Russian Federation No. 217, information on income, expenses, property and property obligations for the entire period of filling positions by a military personnel, the filling of which entails the publication of his information on income, expenses, property and property-related obligations, as well as information on income, expenses, property and property-related obligations of his spouse and minor children within 14 working days from the date of expiration of the period established for their submission, are posted on the official website Ministry of Defense of the Russian Federation on the Internet and are subject to annual updating.
This requirement applies to military personnel in accordance with Chapter I of the List (Order of the Minister of Defense of the Russian Federation No. 217).
Managers are obliged to ensure timely submission to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation of tabular forms and processed information (on paper and electronic media) for posting on the official website of the Ministry of Defense of the Russian Federation on the Internet.
In order to organize the timely submission by military personnel of information about their income, expenses, property and property-related obligations, their placement on the official website of the Ministry of Defense of the Russian Federation, as well as the overall implementation of anti-corruption legislation, the State Secretary - Deputy Minister of Defense of the Russian Federation specifies with his instructions deadlines for the submission of the above information, reports on the results of the work performed, and the submission of other data in this area of activity.
Organization of verification of the accuracy and completeness of information provided by military personnel and their compliance with the requirements for official conduct
23. Decree of the President of the Russian Federation No. 1065 determines the procedure for verifying the accuracy and completeness of information provided by citizens applying for positions in the federal civil service and by federal civil servants, and compliance by federal civil servants with requirements for official conduct.
The requirements of the above-mentioned decree must be followed when organizing checks of the accuracy and completeness of information provided by military personnel, and their compliance with restrictions and prohibitions, requirements for the prevention or resolution of conflicts of interest, and their performance of duties established by Federal Law No. 278-FZ and other federal laws (hereinafter - requirements for official conduct).
a) the Minister of Defense of the Russian Federation - in relation to military personnel holding military service positions, appointment to which is carried out by the Minister of Defense of the Russian Federation, Deputy Ministers of Defense of the Russian Federation;
b) commanders of troops of military districts - in relation to military personnel filling military service positions, appointment to which is carried out by commanders of troops of military districts.
The decision is made separately for each serviceman and is formalized in writing.
The basis for an inspection is sufficient information provided in writing in the prescribed manner, including:
a) law enforcement and other government bodies, as well as local government bodies and their officials;
b) officials responsible for the prevention of corruption and other offenses;
c) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
d) Public Chamber of the Russian Federation;
e) all-Russian media.
Anonymous information cannot serve as a basis for verification.
The inspection is carried out within a period not exceeding 60 days from the date of the decision to conduct it. The inspection period may be extended up to 90 days by the persons who made the decision to conduct it.
Information about the results of the inspection, with the written consent of the official who made the decision to conduct it, is provided by the personnel body with simultaneous notification of this to the military personnel in respect of whom the inspection was carried out, law enforcement and tax authorities, permanent governing bodies of political parties and other registered in accordance with the law all-Russian public associations that are not political parties, and the Public Chamber of the Russian Federation, which provided information that served as the basis for the inspection, in compliance with the legislation of the Russian Federation on personal data and state secrets.
24. The procedure for monitoring the compliance of the expenses of military personnel, the expenses of his spouse and minor children is determined by Federal Law No. 230-FZ.
25. Verifying the accuracy and completeness of information on income, expenses, property and property-related liabilities submitted by military personnel applying for military service positions and military personnel in accordance with legislative and other regulatory legal acts of the Russian Federation, as well as verifying compliance by military personnel with requirements to official conduct is within the competence of the personnel service unit for the prevention of corruption and other offenses (officials responsible for the prevention of corruption and other offenses).
Responsibility of military personnel
on anti-corruption
26. The liability of individuals for corruption offenses is determined by Article 13 of Federal Law No. 273-FZ. In accordance with this article of the Federal Law, citizens for committing corruption offenses bear criminal, administrative, civil and disciplinary (hereinafter referred to as legal) liability in accordance with the legislation of the Russian Federation.
Paragraph 2 of Article 13 of Federal Law No. 273-FZ determines that a person who has committed a corruption offense, by a court decision, may be deprived in accordance with the legislation of the Russian Federation of the right to occupy certain positions in the state and municipal service.
Subclause “d.1” of clause 1 of Article 51 of Federal Law No. 53-FZ determines that a military serviceman for corruption offenses is subject to dismissal from military service due to loss of confidence in the military man by the official who has the right to make a decision on his dismissal, in the event :
failure by a serviceman to take measures to prevent and (or) resolve a conflict of interest to which he is a party;
failure to provide military personnel with information about their income, expenses, property and property-related obligations, as well as about income, expenses, property and property-related obligations of their spouse and minor children, or provision of knowingly false or incomplete information;
participation of a military personnel on a paid basis in the activities of the management body of a commercial organization, with the exception of cases established by federal law;
implementation by military personnel entrepreneurial activity;
the inclusion of a military serviceman in the governing bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
violation by a military personnel, his wife (husband) and minor children in cases provided for by Federal Law of 2013 No. 79-FZ, the prohibition to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments.
Subclause “e.2” of paragraph 1 of Article 51 of Federal Law No. 53-FZ determines that they are subject to dismissal from military service due to loss of confidence in a military serviceman who is a commander (chief) on the part of an official who has the right to make a decision on his dismissal , also in the event that a serviceman who is a commander (chief), who became aware of the emergence of a personal interest in a subordinate serviceman that leads or may lead to a conflict of interest, does not take measures to prevent and (or) resolve the conflict of interest.
In accordance with the requirements of subparagraph “e.1” of paragraph 2 of Article 51 of Federal Law No. 53-FZ, a serviceman performing military service under a contract may be early dismissed from military service due to violation of prohibitions, restrictions and obligations associated with military service , provided for in paragraph 7 of Article 10 and Article 27.1 of Federal Law No. 76-FZ, unless otherwise provided by this Federal Law.
Paragraph 7 of Article 10 of Federal Law 76-FZ determines that military personnel do not have the right to:
engage in other paid activities, with the exception of pedagogical, scientific and other creative activities, if they do not interfere with the performance of military service duties. At the same time, pedagogical, scientific and other creative activity cannot be financed solely from funds foreign countries, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
engage in entrepreneurial activities personally or through proxies, including participation in the management of commercial organizations, except for cases where direct participation in the management of these organizations is included in the official responsibilities of a military personnel, as well as assist individuals and legal entities in carrying out business activities, using their official position;
use, for purposes not related to the performance of military service duties, financial assets and property of a military unit, as well as other state property, with the exception of cases of using said property for a specified fee, in accordance with federal laws and other regulatory legal acts of the Russian Federation;
receive fees for publications and speeches related to the performance of military service duties;
receive from individuals and legal entities remuneration (gifts, monetary rewards, loans, services, payment for entertainment, recreation, transportation expenses and other remuneration) related to the performance of military service duties, with the exception of valuable gifts (including personal ones) and sums of money, with which military personnel are awarded as incentives in accordance with general military regulations;
accept awards from foreign states, international and foreign organizations without the permission of the President of the Russian Federation;
go on business trips abroad at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with international treaties of the Russian Federation or on a mutual basis by agreement of government authorities with the relevant government authorities of foreign states or international organizations;
use official position in the interests of political parties and public, including religious, associations, as well as to promote attitudes towards them;
be part of the management bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
In addition, Article 27.1 of Federal Law 76-FZ contains a list of restrictions, prohibitions and obligations associated with military service, namely:
A military serviceman, unless otherwise provided by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation, is subject to restrictions, prohibitions and obligations established by Federal Law No. 273-FZ and Articles 17, 18 and 20 of Federal Law of 2004 No. 79-FZ, with the exception of restrictions, prohibitions and obligations that prevent military personnel from fulfilling their duties in carrying out operational investigative activities or ensuring the security of the Russian Federation. The establishment of such exceptions and the determination of military personnel in respect of whom these exceptions apply, in each individual case, are carried out in the manner established by the regulatory legal acts of the Russian Federation.
Article 51.1. Federal Law No. 53-FZ defines a special procedure for applying penalties to military personnel for corruption offenses.
The penalties provided for in the text specified in subparagraphs “e.1” or “e.2” of paragraph 1, or “e.1” of paragraph 2 of Article 51 of Federal Law No. 53-FZ are applied on the basis of a report on the results of an audit conducted by the personnel service department for prevention of corruption and other offenses, and if the report on the results of the inspection was sent to the certification commission, and on the basis of the recommendation of the said commission.
When applying penalties, the nature of the corruption offense committed by the military personnel, its severity, the circumstances in which it was committed, the military personnel’s compliance with other restrictions and prohibitions, requirements to prevent or resolve conflicts of interest and the performance of duties established for the purpose of combating corruption, as well as previous results are taken into account. performance by military personnel of their official duties.
Penalties are applied no later than one month from the date of receipt of information about the commission of a corruption offense by a military personnel, not counting the period of temporary incapacity for work of the military personnel, his stay on leave, other cases of his absence from service for valid reasons, as well as the time of inspection and consideration of its materials by the certification commission. In this case, the penalty must be applied no later than six months from the date of receipt of information about the commission of a corruption offense.
In the act of imposing a penalty on a military serviceman, if he commits a corruption offense, subparagraph “e.1” or “e.2” of paragraph 1 or subparagraph “e.1” of paragraph 2 of Article 51 of Federal Law No. 53 is indicated as the basis for applying the penalty. -FZ.
A copy of the act on the application of a penalty to a serviceman, indicating the corruption offense and the regulations the provisions of which he violated, or on the refusal to apply such a penalty, indicating the reasons, is handed over to the serviceman against receipt within five days from the date of publication of the relevant act.
A serviceman has the right to appeal a penalty in writing in accordance with the established procedure.
If, within one year from the date of application of a penalty for committing a corruption offense, a military serviceman has not been subject to a penalty, with the exception of dismissal from military service, he is considered not to have a penalty.
central military authorities
Organization of ensuring compliance by federal state civil servants with the requirements of the legislation of the Russian Federation
on anti-corruption
27. To solve the main tasks of ensuring anti-corruption measures, the heads of the central bodies of military command (hereinafter referred to as the head) develop and submit for approval in accordance with
with paragraph 2 of the order of the Minister of Defense of the Russian Federation
No. 385 plan for combating corruption in the military command authority (hereinafter referred to as the Plan).
The plan in form and structure must correspond to the Anti-Corruption Plan in the Armed Forces (Appendix
to the order of the Minister of Defense of the Russian Federation No. 385). The main directions of the manager’s activities must be developed taking into account the specifics of the tasks being performed and aimed at achieving specific results. The head is personally responsible for the state of work to combat corruption in the military command and control body and monitors the implementation of the measures provided for in the Plan.
In addition, when developing long-term and current planning of anti-corruption measures, the manager should take into account the adoption of new legislative and other regulatory legal acts of the Russian Federation.
In accordance with the requirements of Order No. 463 of the Minister of Defense of the Russian Federation, the head determines the officials responsible for the prevention of corruption and other offenses in the military command body, and submits this data to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation.
In order to implement the anti-corruption policy, the manager ensures that information stands with materials about methods of
and methods of combating corruption, organizes legal education of civil servants on the prevention of corruption and other offenses.
Organizing and conducting collection of income information, expenses,
on property and property-related obligations
28. In accordance with paragraph 2 of the order of the Minister of Defense of the Russian Federation No. 3313dsp, leaders represent
to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation (if necessary), before October 1 of the current year, proposals for making changes and additions to the List of positions, when filling which civil servants are required to provide information on income, expenses, property and property-related obligations. When forming these proposals, the List of functions of the Ministry of Defense of the Russian Federation is taken into account, during the implementation of which corruption offenses are most likely to be committed, approved by the Minister of Defense of the Russian Federation on December 25, 2013.
The manager exercises control over the timely submission by subordinate civil servants through the department (of the state civil service) of the Main Personnel Directorate of the Ministry of Defense of the Russian Federation) information about their income, expenses, property and property obligations, as well as about income, expenses, property and property obligations character of their family members according to the certificate form approved by the President of the Russian Federation in accordance with Decree of the President of the Russian Federation No. 460 “On approval of the form of certificate of income, expenses, property and property-related obligations and amendments to certain acts of the President of the Russian Federation” and those specified by the representative employer deadlines.
If a civil servant discovers that the information provided by him on income, property and liabilities of a property nature does not reflect or does not fully reflect any information or there are errors, he has the right, in accordance with Decree of the President of the Russian Federation No. 453, within one month After the deadline for submitting information, provide updated information.
Verification of the accuracy and completeness of information on income, property and property-related obligations, as well as the compliance of the expenses of a civil servant and members of his family with their income, is carried out by decision of the employer’s representative in the manner established by Federal Law
No. 273-FZ and Federal Law No. 230-FZ, other regulatory legal acts of the Russian Federation.
Taking measures to prevent the occurrenceconflict of interest
29. The leader is obliged to take measures to prevent any possibility of a conflict of interest in the military command body.
In order to prevent or resolve conflicts of interest (performing certain functions by a civil servant government controlled in relation to close relatives, holding securities, engaging in other paid activities, receiving gifts
etc.) a civil servant who is a party to the conflict is obliged, in accordance with Part 2 of Article 11 of Federal Law No. 273-FZ, to notify his immediate superior about this and, in accordance with the requirements of Part 3 of Article 19 of Federal Law of 2004 No. 79-FZ, to inform the representative of the employer (through the department (of the state civil service) of the Main Personnel Directorate of the Ministry of Defense of the Russian Federation) in writing.
The Main Personnel Directorate of the Ministry of Defense of the Russian Federation has prepared a Memo on resolving conflicts of interest in the federal state civil service in the Ministry of Defense of the Russian Federation for guidance in the official activities of civil servants.
Notification of the employer's representativeabout the civil servant's intention to performother paid work
30. In accordance with Part 2 of Article 14 of Federal Law of 2004 No. 79-FZ, a civil servant has the right, with prior notification of the employer’s representative, to perform other paid work, unless this entails a conflict of interest.
In addition, the civil servant notifies the immediate head of the military command body of his intention to perform other paid work, who is interested in ensuring that the civil servant’s performance of this work does not affect the results of the performance of official duties in the civil service position being filled. Thus, other paid work can be carried out by a civil servant, subject to the restrictions and prohibitions associated with the civil service established by Articles 16 - 19 of the Federal Law of 2004 No. 79-FZ, in his free time from civil service on the basis of an employment (civil law) contract.
After the report to the employer’s representative, the notification is subject to registration in the department (state civil service) of the Main Personnel Directorate of the Ministry of Defense of the Russian Federation and is attached to the personal file of the civil servant.
Notification of the employer's representative about the factsappeals in order to induce a civil servant to commit corruption offenses
31. In cases where any persons contact a civil servant in order to induce him to commit corruption offenses, the civil servant, in accordance with his official (official) duties, is obliged to notify the employer’s representative about this.
Registration of the notification is carried out in the department (state civil service) of the Main Personnel Directorate of the Ministry of Defense of the Russian Federation.
Failure by a civil servant to fulfill his official (official) duty to notify of the fact of an appeal for the purpose of inducing the commission of a corruption offense is an offense entailing the dismissal of a civil servant from the civil service or bringing him to other types of liability in accordance with the legislation of the Russian Federation.
Receiving a gift by a civil servant in connection with his official position or in connection with the performance of his official duties
32. The manager, before sending civil servants on official business trips, to participate in protocol and other official events, organizes briefing of subordinate officials on notification of all cases of civil servants receiving gifts in connection with their official position or the performance of their official (official) duties in accordance with Decree of the Government of the Russian Federation No. 10.
Restrictions imposed on a citizen holding a civil service position when he enters into an employment or civil law contract
33. A citizen who has filled positions in the civil service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after dismissal from the civil service is obliged, when concluding labor or civil contracts for the performance of work (rendering services), to report to the employer information about the last place of your service.
In addition, a citizen who has filled civil service positions included in the relevant list established by regulatory legal acts of the Russian Federation submits an application to the commission of the Ministry of Defense of the Russian Federation for compliance with the requirements for official conduct of federal civil servants and the resolution of conflicts of interest (through the Main Personnel Directorate of the Ministry Defense of the Russian Federation) on considering the issue of filling a position in a commercial or non-profit organization under the terms of an employment contract or performing work under the terms of a civil contract in a commercial or non-profit organization, if certain functions of public administration of this organization were included in his official (service) duties until the expiration of two years from the date of dismissal from the civil service.
In accordance with Decree of the President of the Russian Federation No. 453, such an appeal can be submitted by civil servants planning their dismissal from the civil service.
Responsibility of civil servantsfor violations of the legislation of the Russian Federationon anti-corruption
34. The liability of individuals for corruption offenses is determined by Article 13 of Federal Law No. 273-FZ. In accordance with this article of the Federal Law, citizens for committing corruption offenses bear criminal, administrative, civil and disciplinary (hereinafter referred to as legal liability) in accordance with the legislation of the Russian Federation.
When a civil servant commits a corruption offense, by decision of the employer's representative, officials of the department (state civil service) of the Main Personnel Directorate of the Ministry of Defense of the Russian Federation conduct an inspection. Based on the report on the results of the inspection, the representative of the employer, and if the report is sent to the commission of the Ministry of Defense of the Russian Federation on compliance with the requirements for official conduct of federal civil servants and the resolution of conflicts of interest, and on the basis of the recommendation of the said commission, penalties are applied to the civil servant:
1) remark;
2) reprimand;
3) warning about incomplete job compliance.
Federal Law No. 273-FZ establishes the grounds on which a civil servant may be dismissed due to loss of confidence:
1) failure by a civil servant to take measures to prevent and (or) resolve a conflict of interest to which he is a party;
2) failure by civil servants to provide information about their income, expenses, property and property-related obligations, as well as about income, expenses, property and property-related obligations of their spouse and minor children, or submission of knowingly false or incomplete information;
3) participation of a civil servant on a paid basis in the activities of the governing body commercial organization, except for cases established by federal law;
4) implementation of entrepreneurial activities by a civil servant;
5) entry of a civil servant into the management bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
Article 59.3 of the Federal Law of 2004 No. 79-FZ
there is no provision for the right of the employer's representative to remove a penalty from a civil servant for a corruption offense on his own initiative, at the request of his immediate supervisor or at the written request of the civil servant.
VI. The main directions of daily activities of managers when organizing work to fulfill the requirements of the legislation of the Russian Federation on combating corruption in relation to employees
Organization of ensuring compliance by employees with the requirements of anti-corruption legislation
Russian Federation
35. The tasks of ensuring that employees comply with the requirements of the legislation of the Russian Federation on anti-corruption are solved by managers on the basis of a plan for the prevention of corruption and other offenses in subordinate organizations created to carry out the tasks assigned to the Ministry of Defense of the Russian Federation (hereinafter referred to as the organization), as well as ensuring their activities to ensure employees comply with restrictions, prohibitions, duties and rules of official conduct.
In accordance with paragraph 2 of Order No. 385 of the Minister of Defense of the Russian Federation, the head of each organization is obliged to prepare an anti-corruption plan, which he submits to a senior manager for approval.
In addition, when developing long-term and current planning of anti-corruption activities, managers should take into account new legislative and other regulatory legal acts of the Russian Federation and the Ministry of Defense of the Russian Federation, and also take into account that they bear personal responsibility for the state of anti-corruption work in subordinate organizations and their structural divisions.
Anti-corruption work plans should include measures to analyze the results of work on the implementation of anti-corruption legislation, holding meetings, training sessions and classes, developing measures to improve these activities, as well as improving the skills of employees whose job responsibilities include participation in anti-corruption.
Work should also be carried out on a planned basis to comprehensively prepare organizations for submission by citizens applying for positions in organizations, and employees filling positions in organizations (hereinafter referred to as employees), provided for section III The list of positions to which, when appointed, citizens and when filling which federal civil servants are required to provide information about their income, property and property-related liabilities, as well as information about the income, property and property-related liabilities of their spouse and minor children, approved by Decree of the President of the Russian Federation No. 557 and the List of positions in the military service, federal state civil service and employees in the Ministry of Defense of the Russian Federation, upon appointment to which military personnel, federal state civil servants and citizens and when filling which military personnel, federal state civil servants and employees are obliged provide information about your income, property and property-related obligations, as well as information about the income, property and property-related obligations of your spouse and minor children, approved by Order of the Minister of Defense of the Russian Federation No. 3313dsp (as amended by orders of the Minister of Defense Russian Federation 2013 No. 354dsp and No. 810dsp) (hereinafter referred to as the List of Positions), when filling which employees are required to provide information about their income, property and property-related liabilities, as well as information about the income, property and property-related liabilities of their spouse (spouse) and minor children.
When planning this work for 2014 - 2015 and conducting gatherings, meetings and classes, one should take into account the requirements of Decree of the President of the Russian Federation No. 460, which comes into force on January 1, 2015, which approved new forms of certificates of income, expenses, property and liabilities property nature.
In accordance with paragraph 4 of Decree of the President of the Russian Federation No. 1065 and paragraph 1 of the Order of the Minister of Defense of the Russian Federation No. 463 issued in its development, in order to solve these and other tasks of combating corruption, managers are obliged to create, within the established number of organizations, personnel service units for the prevention of corruption and other offenses (or identify personnel service officials responsible for the prevention of corruption and other offenses), whose functions are set out in paragraph 15.
The head (manager) of the organization and employees subordinate to him must also know that in accordance with the requirements of federal laws No. 273-FZ and No. 231-FZ, Article 349.2 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation No. 568 and Order of the Minister of Defense of the Russian Federation No. 285 employees of organizations are subject to restrictions, prohibitions and obligations established by Federal Law No. 273-FZ and Articles 17, 18 and 20 of Federal Law of 2004 No. 79-FZ (hereinafter referred to as restrictions, prohibitions and obligations).
The head (manager) of the organization must take measures to train employees.
When organizing training for employees on preventing and combating corruption, it is necessary to take into account the goals and objectives of the training, the category of trainees, and the type of training depending on the time of its implementation.
The goals and objectives of training determine the topics and form of classes. Training may, in particular, be conducted on the following topics:
corruption in public sector economy and individual executive authorities;
legal responsibility for committing corruption offenses;
familiarization with the requirements of legislation and internal documents of the organization on anti-corruption issues and the procedure for their application in the activities of the organization;
identifying and resolving conflicts of interest when performing job duties;
behavior in situations of corruption risk, in particular, in cases of extortion of bribes from officials of state, municipal and other organizations;
interaction with law enforcement agencies on issues of preventing and combating corruption.
When organizing training, the category of persons being trained should be taken into account. Stand out as standard the following groups trainees:
a) persons responsible for combating corruption in the organization;
b) executives; other employees of the organization.
Depending on the time of delivery, the following types of training can be distinguished:
a) training on preventing and combating corruption immediately after hiring;
b) training when appointing an employee to another, higher position that involves the performance of duties related to preventing and combating corruption;
c) periodic training of the organization’s employees in order to maintain their knowledge and skills in the field of anti-corruption at the proper level;
d) additional training in the event of failures in the implementation of anti-corruption policies, one of the reasons for which is the lack of knowledge and skills of employees in the field of anti-corruption.
Consulting on anti-corruption issues is usually carried out on an individual basis. In this case, it is advisable to identify the persons in the organization responsible for conducting such consultation. Consulting on private issues of anti-corruption and conflict of interest resolution is recommended to be carried out confidentially.
The procedure for employees to submit informationabout income, expenses, property and liabilitiesproperty nature
36. The procedure for citizens applying for positions in organizations and employees to submit information on income, expenses, property and property-related obligations is determined by Order No. 478 of the Minister of Defense of the Russian Federation.
The list of information provided by citizens and employees applying for positions in the Ministry of Defense of the Russian Federation, provided for in the list of positions, is set out in paragraph 17 of these Methodological Recommendations.
Information on income, expenses, property and property-related obligations is presented according to the certificate form approved by the President of the Russian Federation from January 1, 2015:
citizens - when appointing employees to positions provided for in the list of positions;
employees, annually, no later than April 30 of the year following the reporting year, filling the positions of employees provided for in the List of Positions, including:
Positions of heads (managers) of organizations:
a) manager (chief, director, general director, chief physician, head, chairman) of institutions and organizations of all forms and types of activities and their branches;
b) deputy head (chief, director, general director, chief physician, manager, chairman) of institutions and organizations of all forms and types of activities and their branches.
Positions of heads of structural units of military units, institutions and organizations:
a) head (manager) (of a department, center, service, bureau, inspection, department, division, unit, point (collective), including those included in other structural divisions);
b) deputy chief (manager) (of a department, service, inspection, department, division, unit, point (collective), including those included in other structural divisions);
c) chief accountant, deputy chief accountant, head of the financial and economic department (department, unit) (chief accountant);
d) deputy head of the financial and economic department (department, unit) (deputy chief accountant), head of the department, professor, associate professor of the department, chairman of the commission - methodologist.
Positions of specialists of military units and organizations: chief economist, chief inspector, chief legal adviser, leading accountant, leading legal adviser, senior inspector-auditor, senior lecturer of the department, accountant-auditor, inspector-auditor, economist, accountant, teacher of the department, legal adviser, senior assistant : military commissar, head of department (department), assistant: military commissar, head of department (department).
Information on expenses (along with information on income, property and property-related liabilities of one’s own, spouse and minor children) is submitted by employees holding positions:
a) appointment, made by the President of the Russian Federation, to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation with subsequent submission of the specified information to the Office of the President of the Russian Federation on Anti-Corruption Issues;
b) hiring for which he carries out
State Secretary - Deputy Minister of Defense of the Russian Federation, Head of the 12th Main Directorate of the Ministry of Defense of the Russian Federation, - to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation;
c) recruitment, which is carried out by the head of the Main Directorate of the General Staff of the Armed Forces of the Russian Federation, to the personnel bodies of subordinate departments;
d) recruitment, which is carried out by the commanders of troops of military districts, fleets, - in the personnel bodies of military districts, fleets;
e) recruitment for jobs carried out by commanders of associations (their equals), formations (their equals), commanders (leaders) of military units and organizations - in the personnel bodies of associations (their equals), formations (their equals), military units ( organizations).
37. Information on income, expenses, property and property-related obligations of employees holding positions of manager (chief, director, general director, chief physician, manager, chairman) of the organization and its branch, deputy head (chief, director, general director, chief doctor, manager, chairman) of the organization and its branch, chief accountant, head of the financial and economic department (department, division, part) of the organization and its branch, as well as information on income, expenses, property and property-related obligations of his spouse and minor children are posted on the official website of the Ministry of Defense of the Russian Federation on the Internet.
The grounds and deadlines for posting information are specified in paragraph 22 of these Guidelines.
Chiefs (managers) of organizations are obliged to ensure timely submission to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation of tabular forms and processed information (on paper and electronic media) for posting on the official website of the Ministry of Defense of the Russian Federation on the Internet.
Verification of the accuracy and completeness of information provided by employees, compliance by employees with restrictions and prohibitions, requirements for the prevention or resolution of conflicts of interest
38. Regulations on verifying the accuracy and completeness of information provided by citizens applying for positions, and employees filling positions in organizations created to carry out tasks assigned to the Ministry of Defense, and compliance by employees with requirements for official conduct, approved by order of the Minister of Defense of the Russian Federation No. 484 (hereinafter referred to as the Regulations), determines the procedure for carrying out an audit, which includes checking the accuracy and completeness of information on income, property and property-related liabilities submitted by those applying for the position of an employee and by employees for themselves, as well as information on income and property and property obligations of their spouse and minor children, in accordance with the List of Positions approved by Order of the Minister of Defense of the Russian Federation No. 810dsp as of the reporting date, and compliance by employees with restrictions and prohibitions, requirements for the prevention or resolution of conflicts of interest, and their performance of duties established by the Federal Law No. 273-FZ and other federal laws.
The verification is carried out according to the decision:
the Minister of Defense of the Russian Federation - in relation to citizens and employees, with the exception of citizens applying for positions, or employees filling positions appointed by the President of the Russian Federation;
Secretary of State - Deputy Minister of Defense of the Russian Federation, commanders of troops of military districts, fleets, head of the 12th Main Directorate of the Ministry of Defense of the Russian Federation and head of the Main Directorate of the General Staff of the Armed Forces of the Russian Federation, commanders of formations (their equals), formations (their equals), commanders (leaders) of military units and organizations of the Ministry of Defense of the Russian Federation - in relation to citizens and employees whom they have the right to appoint by their orders to the appropriate positions in organizations created to carry out the tasks assigned to the Ministry of Defense.
The inspection procedure is set out in
paragraph 20 of these Methodological Recommendations.
In order to implement federal laws No. 273-FZ and
No. 230-FZ, Decrees of the President of the Russian Federation No. 1065, 821, 925, 309 and 310 issued the Order of the Minister of Defense of the Russian Federation dated June 10, 2014 No. 388 “On commissions of organizations created to carry out the tasks assigned to the Ministry of Defense of the Russian Federation , on compliance with the requirements for official behavior of employees and the resolution of conflicts of interest.”
If, during an inspection, circumstances are established that indicate the presence of signs of a crime or an administrative offense, materials about this are submitted to state bodies in accordance with their competence.
The inspection materials are stored in the relevant personnel authority for three years from the date of its completion, after which they are transferred to the archive.
Responsibility of employees for violations
legislation of the Russian Federation
on anti-corruption
39. In his work, the head of the organization must take into account the provisions of Article 12 of Federal Law No. 273-FZ, which establishes restrictions for a citizen who has held a position in a state or municipal service when concluding an employment or civil contract with him.
In particular, an employer, when concluding an employment or civil contract for the performance of work (provision of services) with a citizen who has held positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after his dismissal from the state or municipal service , is obliged to inform the representative of the employer (employer) of the state or municipal employee about the conclusion of such an agreement within ten days last place his service.
The procedure for employers to submit this information is enshrined in Decree of the Government of the Russian Federation dated September 8, 2010 No. 700 “On the procedure for reporting by an employer when concluding an employment contract with a citizen who has filled positions in the state or municipal service, the list of which is established by regulatory legal acts of the Russian Federation, within 2 years after dismissal from the state or municipal service on the conclusion of such an agreement to the representative of the employer (employer) of the state or municipal employee at his last place of service.”
These requirements, based on the provisions of paragraph 1 of Decree of the President of the Russian Federation No. 925, apply to persons holding positions in the federal public service included in the list of positions approved by the head of the state body in accordance
with section III of the List of positions in the federal civil service, upon appointment to which citizens and when filling which federal civil servants are required to provide information on their income, property and property-related obligations, as well as information on the income, property and property-related obligations of their spouse ( spouse) and minor children, approved by Decree of the President of the Russian Federation No. 557.
40. Failure by the employer to fulfill the obligation provided for in Part 4 of Article 12 of the Federal Law
No. 273-FZ, is an offense and entails liability in the form of an administrative fine in accordance with Article 19.29 of the Code of the Russian Federation on Administrative Offences.
In accordance with Part 8 of Article 8 of Federal Law No. 273-FZ, a citizen’s failure to provide information about his income, property and property-related liabilities, as well as income, property and property-related obligations of their spouse and minor children, or the provision of knowingly false or incomplete information is grounds for refusal to employ the specified citizen to work in this organization.
41. Article 13 of Federal Law No. 273-FZ also establishes the liability of individuals for corruption offenses.
Citizens for committing corruption offenses bear criminal, administrative, civil and disciplinary liability in accordance with the legislation of the Russian Federation.
According to Article 13.2. Federal Law No. 273-FZ, persons holding certain positions on the basis of an employment contract in organizations are subject to dismissal (release from office) due to loss of confidence in cases provided for by federal laws.
Labor legislation does not provide special grounds for attracting an employee of an organization to
disciplinary liability in connection with his commission of a corruption offense in the interests or on behalf of the organization.
At the same time, in the Labor Code of the Russian Federation there is a possibility of bringing an employee of an organization to disciplinary liability.
Thus, according to Article 192 of the Labor Code of the Russian Federation, disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 7, 9 or 10 of the first part of Article 81, paragraph one of Article 336 of the Labor Code of the Russian Federation in cases where Guilty actions giving grounds for loss of trust were committed by the employee at the place of work and in connection with the performance of his job duties.
An employment contract may be terminated by the employer, including in the following cases:
a) a single gross violation by an employee of labor duties, expressed in the disclosure of a secret protected by law (state, commercial and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee (subparagraph “c” of paragraph 6 of part first article 81 of the Labor Code of the Russian Federation);
b) the commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer (clause 7 of part one of Article 81 of the Labor Code of the Russian Federation);
c) the adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization (clause 9 of part one of Article 81 of the Labor Code of the Russian Federation);
d) a single gross violation by the head of the organization (branch, representative office), or his deputies of their labor duties (clause 10 of part one of Article 81 of the Labor Code of the Russian Federation).
42. For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
comment;
dismissal for appropriate reasons.
In addition, in accordance with clause 7.1. Part one of Article 81 of the Labor Code of the Russian Federation, an employment contract may be terminated by the employer in cases where the employee fails to take measures to prevent or resolve a conflict of interest to which he is a party, or fails to provide or provides incomplete or unreliable information about his income, expenses, property and property obligations. , or failure to provide or provision of knowingly incomplete or unreliable information about income, expenses, property and property obligations of their spouse and minor children, opening (availability) of accounts (deposits) in cases provided for by the Labor Code of the Russian Federation, other federal laws , regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer.
43. An employment contract with the head of a unitary enterprise can be terminated in accordance with paragraph 3 of Article 278 of the Labor Code of the Russian Federation in connection with violation of the prohibitions established by paragraph 2 of Article 21 of the Federal Law of November 14, 2002 No. 161-FZ “On State and Municipal unitary enterprises".
44. Appeals received by organizations reporting violations of anti-corruption legislation are subject to consideration by their managers in accordance with the requirements of Federal Law No. 59-FZ of May 2, 2006
“On the procedure for considering appeals from citizens of the Russian Federation” and Instructions for working with appeals from citizens in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated December 28, 2006 No. 500.
VII. Assessment of corruption risks arising when performing functions inmilitary units, during the implementation of which corruption offenses are most likely to be committed
45. In each military unit, the leader is recommended to develop a list of functions, during the implementation of which there is the highest probability of committing corruption offenses. For each such function, it is necessary to identify the main corruption offenses and situations (corruption risks)* leading to a conflict of interest.
The list of functions of the Ministry of Defense of the Russian Federation, during the implementation of which corruption offenses are most likely to be committed, approved by the Minister of Defense of the Russian Federation on December 25, 2013, is attached separately.
VIII. Final provisions
46. The role of the manager comes down not only to management, he must create the most favorable conditions so that every military personnel, civil servant and employee actively strives to participate in the activities of the unit to prevent corruption and other offenses in it. The leader must create a system of psychological, spiritual, and material incentives that encourage every military personnel, civil servant and employee to think and act in the interests of the unit, observing restrictions and prohibitions, fulfilling the duties established for military personnel, civil servants and workers in order to combat corruption and prevent conflicts of interest in the public service.
Uniform ethical standards supported by every leader and personnel, act as a regulator of relations in the team, which will contribute to the successful activities of the military unit in achieving its goals.
ACTING HEAD OF THE MAIN PERSONNEL DEPARTMENT
MINISTRY OF DEFENSE OF THE RUSSIAN FEDERATION
major general
V. Konstantinov
Work system
managers for organizing the implementation of the requirements of the legislation of the Russian Federation on combating corruption
Annually:
1. Approves plans to combat corruption in military command and control bodies.
2. Organizes:
bringing to the attention of military personnel the provisions of the legislation of the Russian Federation on anti-corruption, including establishing penalties for receiving and giving bribes, mediation in bribery in the form of fines that are multiples of the bribe amount, dismissal due to loss of trust, and the procedure for verifying information provided by military personnel in compliance with the legislation of the Russian Federation on anti-corruption;
familiarization with the List of positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations of the Ministry of Defense of the Russian Federation, upon appointment to which military personnel, federal state civil servants and citizens are obliged to provide information on your income, expenses, property and property-related obligations, as well as information on income, expenses, property and property-related obligations of your spouse and minor children (Orders of the Minister of Defense of the Russian Federation No. 3313dsp, 354dsp and 810dsp) ;
collection of information on income, expenses*, property and property-related liabilities submitted by military personnel and members of their families for the reporting period
(from January 1 to December 31 of the previous year), according to the approved certificate form (Decree of the President of the Russian Federation No. 460);
summarizing reports on the completion and results of submitting information on income, expenses, property and property-related obligations for the military command body(s), military units;
submission to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation of tabular forms, processed information (on paper and electronic media) for posting on the official website of the Ministry of Defense of the Russian Federation on the Internet;
familiarization of military personnel with the procedure for notifying the Minister of Defense of the Russian Federation about the facts of treatment in order to induce military personnel of the Armed Forces of the Russian Federation to commit corruption offenses (Order of the Minister of Defense of the Russian Federation No. 444);
at clarifying the lists of officials responsible for the prevention of corruption and other offenses in military units;
generalization of information on the number of military personnel who are required to provide information on income, expenses, property and property obligations for military command bodies and military units;
assessment of corruption risks arising during the implementation of the functions of a military unit, during the implementation of which corruption offenses are most likely to be committed.
3. Provides advanced training for military personnel whose job responsibilities (functions) include participation in anti-corruption efforts.
4. Reviews and approves the annual work plans of certification commissions.
During a year:
1. Guided by the anti-corruption plan in the Armed Forces of the Russian Federation.
2. Organizes:
identification and elimination of causes and conditions conducive to conflicts of interest;
identifying cases of conflict of interest and implementing measures to prevent and resolve conflicts of interest, as well as applying legal liability measures provided for by the legislation of the Russian Federation;
carrying out a set of measures to ensure military personnel comply with restrictions, prohibitions and obligations, requirements to prevent or resolve conflicts of interest, as well as to fulfill their duties established for the purpose of combating corruption;
sending to the Legal Department of the Ministry of Defense of the Russian Federation information on the results of consideration of opinions received from independent experts based on the results of an independent anti-corruption examination of regulatory legal acts in accordance with the rules for conducting anti-corruption examination of regulatory legal acts, draft regulatory legal acts.
3. Provides:
effective functioning of certification commissions when considering corruption offenses;
interaction with law enforcement agencies and other government bodies on issues of organizing counteraction to corruption in military command and control bodies;
sending to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation information on income, expenses, property and property-related obligations of military personnel, as well as information on income, expenses, property and property-related obligations of their spouse and minor children (insofar as they relate to persons determined by the legislation of the Russian Federation), according to the list approved by the Minister of Defense of the Russian Federation (with the attachment of electronic media).
4. Controls:
the work of officials responsible for the prevention of corruption and other offenses;
fulfillment by military personnel of the obligation to report in cases established by federal laws about their receipt of a gift in connection with their official position or in connection with the performance of their official duties;
fulfillment by military personnel of the obligation to notify the Minister of Defense of the Russian Federation about the performance of other paid work;
for preventing the appointment to military positions of military personnel convicted of corruption, convicted or brought to criminal responsibility, as well as for the implementation of qualification requirements that determine the general, professional and moral level of candidates for filling positions dangerous for corruption.
5. Appoints, in accordance with the established procedure, proceedings against military personnel who have committed corruption and other offenses.
6. Reviews at the certification commissions commanders (chiefs) who have not fulfilled their responsibilities to prevent and (or) resolve conflicts of interest, takes measures to resolve conflicts of interest and disciplinary action against them.
Quarterly:
Organized by:
generalization of the practice of considering appeals from citizens and organizations received in various forms regarding facts of corruption;
Carrying out checks of the accuracy and completeness of information, compliance with requirements for official conduct;
sending (if necessary) in the prescribed manner requests through the Main Personnel Directorate of the Ministry of Defense of the Russian Federation to federal executive authorities authorized to carry out operational investigative activities, credit organizations, tax authorities of the Russian Federation and bodies carrying out state registration of rights to real estate and transactions with him;
submission of inspection results to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation by the 10th day of the month following the reporting quarter;
monitoring the activities of certification commissions when considering corruption offenses;
monitoring the practice of bringing to disciplinary liability military personnel who have committed corruption offenses, presenting the results to the Main Personnel Directorate of the Ministry of Defense of the Russian Federation.
Scroll
necessary regulatory legal acts
and other official documents of the military unit
on anti-corruption issues
1. Anti-corruption plan.
2. Order on the identification of officials in the military command and control body (units) responsible for the work on the prevention of corruption and other offenses and the functions assigned to them.
3. Functional responsibilities officials for the prevention of corruption and other offenses.
4. The procedure for notifying the Minister of Defense of the Russian Federation about the facts of contact for the purpose of inducing military personnel of the Armed Forces of the Russian Federation to commit corruption offenses (Order of the Minister of Defense of the Russian Federation dated May 11, 2010 No. 444).
5. List of positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, when appointed to which are military personnel, federal state civil servants and citizens and when replaced by military personnel , federal government civil servants and employees are required to provide information about their income, property and property-related obligations, as well as information about the income, property and property-related obligations of their spouse and minor children (order of the Minister of Defense of the Russian Federation dated October 25 2012 3313dsp).
8. The procedure for submitting information on expenses by military personnel of the Armed Forces of the Russian Federation and federal state civil servants of the Ministry of Defense of the Russian Federation (Order of the Minister of Defense of the Russian Federation dated April 5, 2014 No. 215).
9. List of positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, the replacement of which entails posting information about one’s income, expenses, property and liabilities property nature, as well as information about income, expenses, property and property obligations of their spouse and minor children on the official website of the Ministry of Defense of the Russian Federation (Order of the Minister of Defense of the Russian Federation dated April 5, 2014 No. 217).
10. Anti-corruption plan in the Armed Forces of the Russian Federation for 2014-2015 (Order of the Minister of Defense of the Russian Federation June 2, 2014 No. 385).
11. The procedure for citizens applying for positions in the military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, military personnel, federal state civil servants, information about income, property and property-related obligations and employees information on income, expenses, property and property-related obligations (Order of the Minister of Defense of the Russian Federation dated June 26, 2013 No. 478).
12. Order on the composition and procedure of the certification commission when considering issues of corruption offenses.
13. Cases for storing materials related to the work of the certification commission when considering issues of corruption offenses.
14. A stand reflecting current issues in the prevention of corruption offenses (local regulations, the work of the certification commission, reports in the media about facts of corrupt behavior of military personnel and others).
* Here and further in the text of these Methodological Recommendations, unless otherwise stated, senior officials include: senior officials of the Ministry of Defense of the Russian Federation and the Armed Forces of the Russian Federation, heads of central military command and control bodies, commanders of formations, commanders of formations and military units, chiefs (heads) of organizations created to carry out the tasks assigned to the Ministry of Defense of the Russian Federation, military commissars.
* Any situation in official activities that creates the possibility of violating restrictions and prohibitions, requirements for official behavior established by the legislation of the Russian Federation for personnel is dangerous for corruption.
* Decree of the President of the Russian Federation dated June 23, 2014 No. 460 “On approval of the form of a certificate of income, expenses, property and property obligations and amendments to certain acts of the President of the Russian Federation” (comes into force on January 1, 2015) .
* Corruption risks are conditions and circumstances that provide the opportunity for actions (inaction) of persons holding positions in the military service, federal public service in the Ministry of Defense of the Russian Federation and positions in organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, for the purpose of illegal benefit from the performance of their official duties.
1. Supervision of the system of state accounting and control nuclear materials used in the operation of military nuclear power plants, and the system of state accounting and control of radioactive substances and radioactive waste generated during operation nuclear weapons and nuclear power plants for military purposes.
2.Organization and conduct of inspections of compliance with nuclear and radiation safety requirements.
3. Issuance of permits to perform work specified in the List of Nuclear and Radiation Hazardous Work.
4.Issuing orders to eliminate identified violations of nuclear and radiation safety requirements, monitoring their elimination.
5. Inspection of territories, buildings, structures, structures, premises, equipment, vehicles used in the performance of work (provision of services).
6.Organization and conduct of inspections with formalization of decisions to assess compliance with physical protection requirements at nuclear facilities.
7. Participation in examinations and investigations aimed at establishing the cause-and-effect relationship of identified violations of physical protection requirements with facts of harm.
8. Inspection checks as part of commissions of the Ministry of Defense.
9. Development of proposals for the formation of state defense orders, comprehensive targeted programs, projects state program weapons according to the assigned nomenclature of the Twelfth Main Directorate.
10. Planning, organization and control of the transportation of special products, as well as weapons, military and special equipment of the Twelfth Main Directorate.
11. Support and control of research and development work on the creation of weapons, military and special equipment of the Twelfth Main Directorate, testing of individual types of weapons and equipment, their operation.
12. Implementations international treaties for the implementation of contracts for the supply of equipment.
13. Formation of a personnel reserve for work in the international organization under the Comprehensive Nuclear Test Ban Treaty.
14. Organization of quality control over the development, production and disposal of weapons, military and special equipment of the Twelfth Main Directorate.
15. Monitoring the implementation of capital construction and repairs of facilities of the Twelfth Main Directorate.
16. Development and coordination of proposals for projects of the state armament program, economic mobilization plan regarding the purchase and repair of weapons, military and special equipment and military-technical property.
17. Coordination of draft states, lists of changes and tables of states.
18. Monitoring the organization of internal, garrison and guard services.
19. Monitoring the implementation of departmental target programs.
20. Coordination of draft legal acts and other official documents.
21. Conducting inspections of the state of security of military service, investigations into incidents committed by military personnel, analysis of the causes and circumstances of death and injury to personnel during various types military professional activities.
22. Monitoring the activities of military service security commissions, the organization and state of recording information about crimes and incidents, and the state of the educational and material base.
23. Conducting a competition for the best military unit (military educational institution of higher vocational education Ministry of Defense) for the creation and provision safe conditions military service, organizing the protection of objects using guard dogs.
Consideration of applications for awarding sports and honorary titles and awards to athletes and physical training specialists.
Secretary of State - Deputy Minister of Defense
Russian Federation
1. Participation in the development of federal state educational standards for training and qualified requirements for graduates of educational organizations of higher education of the Ministry of Defense, military training centers, faculties of military training (military departments) at federal state budgetary educational organizations of higher education, programs and curricula for training specialists of bodies for working with personnel.
2. Coordination of draft legal acts and other official documents.
3.Organization of priority comprehensive research work, scientific research in the field of humanities and socio-economic sciences, military sociological studies.
4. Implementation of state programs for patriotic education of citizens of the Russian Federation.
5. Development, production and provision of troops (forces) with information and propaganda products, ensuring the development of subordinate military media, development of standards for subscription to periodicals; preparation of proposals for the publication of educational and methodological manuals on the issues of working with personnel and military history.
6.Organization of material and technical support for psychological work.
7. Preparation of calculations of standard costs for the provision (performance) of government services (work) and standard costs for maintaining federal property government agencies culture.
8. Selection of candidates for appointment to regular positions for work with religious military personnel.
9. Planning for provision and maintaining operational records of technical equipment for military districts (fleet), central military command and control bodies assigned to centralized supply to the Main Directorate for Work with Personnel of the Armed Forces.
10. Preparation of proposals for the state armament program and state defense order according to the nomenclature of the Main Directorate for Work with Personnel of the Armed Forces.
11. Carrying out the functions of the state customer of the state defense order, except for the functions of placing orders, making conclusions on the assigned range of weapons, military, special equipment and materiel of the Main Directorate for Work with Personnel of the Armed Forces, which falls within the competence of Rosoboronpostavka.
12. Selection and placement of personnel in the Ministry of Defense.
13. Preparation of draft orders related to the payment of allowances to military personnel, wages civilian personnel, as well as the establishment of other payments, cash allowances and compensation.
IV. In military command and control bodies subordinate
Deputy Minister of Defense of the Russian Federation -
Head of the Office of the Minister of Defense of the Russian Federation
1. Organizing and conducting inspections of federal executive bodies subordinate to the Ministry of Defense, central military command and control bodies, including on the implementation of federal target and departmental programs in the Ministry of Defense.
2. Preparation of draft legal acts of the Ministry of Defense on the implementation of the results of inspections of central military command and control bodies, monitoring their implementation.
3. Coordination of draft documents to eliminate violations and shortcomings specified in letters (submissions, orders) of regulatory authorities.
4.Participation in resolving personnel issues for senior officials of the central military command and control bodies of the Ministry of Defense.
4.Placement of government orders for the supply of goods, performance of work, provision of services for the needs of the Armed Forces at the request of structural units of the Ministry of Defense in centralized procurement, including for troops (forces) stationed outside the territory of the Russian Federation.
5. Coordination of placing an order with a single supplier (performer, contractor).
6.Organization and holding of auctions for the sale of released movable and immovable military property.
VII. In military command and control bodies subordinate
(Army General Dmitry Vitalievich Bulgakov)
1. Formation of a state order for the organization of military transportation, repair and maintenance of railway rolling stock, preparation, within its competence, of proposals for the state defense order, economic mobilization plan.
2. Monitoring the readiness of transport organizations to carry out mobilization projects.
3. Submission of proposals for the forecast of federal budget revenues from the provision of services by auxiliary fleet vessels.
4. Preparation of proposals for the creation, reorganization and liquidation of organizations of the Armed Forces, faculties of military training and military departments, military training centers under federal government educational institutions higher professional education, participation in commissions to monitor the compliance of the level of training of graduates of military educational institutions with established requirements.
5. Conducting inspections on the organization and planning of the development of the system of military railway, air, sea, river and road transportation, as well as motor transport and road support for the Armed Forces.
6. Preparation of proposals for the use of federal budget funds allocated for the purchase, operation, storage, repair and modernization, organization of supplies, maintenance and disposal of road technical equipment, as well as for the distribution of budgetary allocations to managers (recipients) of budget funds allocated for transport expenses and road support of the Armed Forces, provision of services for government needs.
7.Organization of control over the economical and rational use of material and Money allocated for the organization of military transportation and other transport services for the Armed Forces.
8. Participation in the work of state commissions to conduct state tests of new (modernized) samples of road technical equipment.
9.Organization of work on the formation of government orders for supplies material assets(works, services) according to the assigned range of road construction equipment, performing work on the maintenance, repair, overhaul and reconstruction of highways, as well as non-public highways of the Ministry of Defense for the needs of the Armed Forces.
10. Conclusion and control of the execution of government contracts for the supply of material assets (works, services) according to the assigned range of road construction equipment.
11. Conducting contractual, claim and lawsuit work.
12. Development of proposals for the formation of state orders for the supply of weapons, military and special equipment, technical products (performance of work, provision of services), projects of the state weapons program in terms of research and development work, procurement, supply, operation, repair, modernization and recycling of armored weapons and equipment, military vehicles.
13. Coordination of draft decisions on the selection of base chassis for the installation of weapons, military and special equipment of the branches (branches, troops) of the Armed Forces.
14. State metrological supervision in carrying out activities in the field of defense and security.
15. Organization of work on the formation of government orders for the supply of material assets (work performed, services provided) according to the assigned nomenclature.
16. Preparation of tender documentation for placing a state order for the supply of material assets (work performed, services provided) according to the assigned nomenclature for the needs of the Armed Forces, as well as monitoring the execution of resource and operational government contracts for the supply of material assets (performance of work, provision of services).
17. Preparation of draft additional agreements for resource and operational government contracts, as well as agreements on the termination of resource and operational government contracts.
18. Providing military command and control bodies, military units and organizations of the Armed Forces with furniture, equipment, as well as emergency reserve property and equipment.
VIII. In military command and control bodies subordinate
Deputy Minister of Defense of the Russian Federation
(Tsalikov Ruslan Hadzhismelovich)
1. Sale of released property of the Armed Forces in order to involve it in civilian circulation.
2. Carrying out control and analysis of the management, disposal, intended use and safety of the property of the Armed Forces by enterprises and institutions (both on the territory of the Russian Federation and abroad).
3. Representation of the interests of the Ministry of Defense in courts of general jurisdiction, arbitration courts, arbitration courts in disputes concerning rights to real estate (including land and forest plots), corporate disputes, disputes regarding the invalidation of transactions with the property of the Armed Forces and organizations subordinate to the Ministry of Defense, in bankruptcy cases.
4. Carrying out inspections, control measures, audits of the use of property of the Armed Forces.
5. Maintaining a register and recording the property of the Armed Forces and enterprises and institutions subordinate to the Ministry of Defense (both in the Russian Federation and abroad).
6. Implementation of measures to assign or terminate the right of operational management or economic management of movable and immovable property to institutions and enterprises under the jurisdiction of the Ministry of Defense.
7. Implementation of measures to identify and confiscate from institutions and enterprises subordinate to the Ministry of Defense excess, unused or misused property of the Armed Forces.
8.Participation in the work of liquidation commissions during the liquidation of institutions subordinate to the Ministry of Defense and making appropriate decisions on the further use of property.
9.Organization of deregistration of property of the Armed Forces (except for aircraft and sea vessels, inland navigation vessels, space objects).
10. Determination of the terms of contracts for organizing the assessment of released movable and immovable property of the Armed Forces (except for weapons and ammunition).
11. Exercising powers in relation to lands, forests, waters and others natural resources provided for use by the Armed Forces.
12. Monitoring the implementation of investment contracts.
13. Issuing assignments to institutions for concluding contracts for paid use, provision of services, safekeeping and other contracts provided for by the legislation of the Russian Federation.
14. Carrying out activities to organize tenders, concluding based on their results lease agreements (purchase and sale) of federally owned land plots (including forested ones) from lands provided for the needs of the Armed Forces.
15. Implementation of measures to prepare the released property of the Armed Forces for sale at auction, conclusion of purchase and sale agreements based on the results, registration of the buyer’s ownership of the acquired property.
16. Generalization of information on the projected receipts of funds from privatization and the use of property of the Armed Forces, as well as on the planned receipts of part of the net profit of enterprises and dividends from companies whose shares and shares are in federal ownership.
17. Conclusion of civil contracts related to the sale of released movable and immovable property of the Armed Forces (except for weapons and ammunition).
18. Approval of economic efficiency indicators for the activities of enterprises under the jurisdiction of the Ministry of Defense and monitoring their implementation (including budgets, reports).
19. Carrying out activities for the acquisition, storage, accounting and use of archival documents generated in the process of exercising the powers of the owner of the property of the Armed Forces, the shares and shares of which are in federal ownership.
20. Preparation of draft regulations on the quartering of troops (forces).
21. Preparation of documents related to the functioning of closed administrative-territorial entities and military camps.
22. Implementation of activities within the framework of seizure, including through the purchase of land plots for state needs related to the placement of defense facilities, including notification of owners and other right holders about procedures related to the seizure of state registration, registration of the decision on seizure, settlement of relations, preparation and conclusion of agreements with owners and other rights holders.
23. Carrying out work to recognize military personnel and members of their families, citizens discharged from military service, and members of their families in need of residential premises and providing them with residential premises provided under social tenancy agreements.
24. Organization of registration of military personnel and persons civilian personnel The Armed Forces and members of their families, as those in need of residential premises of a specialized housing stock and providing them with residential premises of a specialized housing stock.
25. Control over the occupancy and vacancy of residential premises.
26. Legal examination of draft tender documentation, auction documentation, notices of a request for price quotations, government contracts (agreements) and additional agreements thereto, prepared when placing orders for government needs on behalf of the Ministry of Defense.
27. Legal examination of draft contracts for the training of foreign military specialists, for the supply of military products, powers of attorney issued by the Minister of Defense of the Russian Federation, to represent the interests of the Ministry of Defense in organizing and conducting contractual work and in the courts.
28. Preparation and submission of claims to suppliers (performers, contractors) in case of violation of the terms of government contracts for the supply of goods, provision of services, performance of work for government needs, agreements on the collection of penalties (fines, penalties).
29. Preparation of procedural documents for judicial proceedings, conducting lawsuits, participation in courts.
30. Monitoring the progress of enforcement proceedings.
31. Organization of work of regional divisions of departments legal support Ministry of Defense and control of their activities.
32. formation of a state order according to the assigned nomenclature of the Main Military Medical Directorate of the Ministry of Defense for the needs of the Armed Forces, insofar as it concerns the justification of the initial (maximum) price of the government contract and sending it for approval to the military administration bodies, whose functions include examination of the initial (maximum) price government contract prices.
33. Implementation of state construction supervision during the construction and reconstruction of defense and security facilities that are objects of the military infrastructure of the Armed Forces.
34. State examination of design documentation, engineering survey results and verification of the reliability of determining the estimated cost of capital construction of defense and security facilities that are objects of the military infrastructure of the Armed Forces.
Control of budgetary expenditures for insurance.5. Participation in the pre-trial settlement of disputes arising during the execution of government contracts (agreements) in the field of insurance.
X. In a military command body subordinate to the Assistant Minister of Defense of the Russian Federation - Head of the Main Directorate for Control and Supervision Activities of the Ministry of Defense of the Russian Federation
1. Implementation of state construction supervision during the construction and reconstruction of defense and security facilities that are objects of the military infrastructure of the Armed Forces of the Russian Federation.
2. Implementation of the powers of the Russian Ministry of Defense to exercise state supervision at hazardous production facilities of the ministry.
3. Implementation of the powers of the Russian Ministry of Defense to exercise state control at all stages of the life cycle of state technical supervision objects.
4. Organization and implementation of inspections (checks) of the state (according to the elements and indicators established in the Armed Forces) of the joint strategic commands, troops (forces) included in the Forces, and troops not included in the branches and branches of the Armed Forces, their performance activities provided for in the training plans for troops (forces), together with interested military command and control bodies
inspections on other issues, including monitoring the implementation of measures for the formation of military command and control bodies, formations and military units formed during the transfer of the Armed Forces from peaceful to war time and in wartime.
5. Monitoring the implementation of state defense policy in the Armed Forces, the practice of using relevant regulatory legal acts and other official documents in the troops (forces), and the implementation of the Armed Forces development plan.
6. Coordination of the activities of central military command bodies in preparing and conducting inspections of joint strategic commands, troops (forces) included in military districts, branches and branches of the Armed Forces, and troops not included in the branches and branches of the Armed Forces.
By joining this Agreement and leaving your data on the Website (hereinafter referred to as the Website), by filling out the fields of the feedback form, the User:
Confirms that all the data he provided belongs to him personally;
Confirms and acknowledges that he has carefully read the Agreement and the conditions for the processing of his personal data indicated in the fields of the form (registration), the text of the agreement and the conditions for the processing of personal data are clear to him;
Gives consent to the processing by the Site of the personal data provided as part of the information for the purpose of concluding this Agreement between it and the Site, as well as its subsequent execution;
Expresses agreement with the terms of processing of personal data.
The owner of the site is the Foundation for Advanced Research OGRN: 1127799026596 125047, address: Moscow, Miusskaya sq., 3, 125047 (hereinafter referred to as the Operator).
The user gives his consent to the processing of his personal data, namely the performance of actions provided for in clause 3, part 1, art. 3 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data”, and confirms that by giving such consent, he acts freely, of his own free will and in his own interest.
The User's consent to the processing of personal data is specific, informed and conscious.
This consent of the User is recognized as executed in simple written form for the processing of the following personal data:
Last name, first name, patronymic;
Places of residence (city, region);
Phone numbers; addresses Email(E-mail).
The User grants the Operator the right to carry out the following actions (operations) with personal data: collection and accumulation; storage during the periods of storage of reports established by regulatory documents, use; destruction; depersonalization; transfer at the request of the court, including to third parties, in compliance with measures to ensure the protection of personal data from unauthorized access.
This consent is valid indefinitely from the moment the data is provided and can be withdrawn by you by submitting an application to the site administration indicating the data specified in Art. 14 of the Law “On Personal Data”.
Withdrawal of consent to the processing of personal data can be carried out by sending the User a corresponding order in simple written form to the email address (E-mail) fpi@site
The Site is not responsible for the use (both legal and illegal) by third parties of the Information posted by the User on the Site, including its reproduction and distribution, carried out in all possible ways.
The site has the right to make changes to this Agreement. When changes are made to the current edition, the date of the last update is indicated. The new version of the Agreement comes into force from the moment it is posted, unless otherwise provided by the new version of the Agreement.
The current version of the Agreement is located on the page at: website
This Agreement and the relationship between the user and the Site arising in connection with the application of the Agreement are subject to the law of the Russian Federation.
Policy regarding the processing of personal data
1. General Provisions
This personal data processing policy has been drawn up in accordance with the requirements of the Federal Law of July 27, 2006. No. 152-FZ “On Personal Data” and determines the procedure for processing personal data and measures to ensure the security of personal data of the Foundation for Advanced Research, OGRN: 1127799026596 125047, address: Moscow, Miusskaya pl., 3, 125047 (hereinafter referred to as the Operator ).
The operator sets as its most important goal and condition for carrying out its activities the observance of the rights and freedoms of man and citizen when processing his personal data, including the protection of rights to integrity privacy, personal and family secrets.
This Operator's policy regarding the processing of personal data (hereinafter referred to as the Policy) applies to all information that the Operator can obtain about visitors to the website http://site.
2. Basic concepts used in the Policy
Automated processing of personal data - processing of personal data using computer technology;
Blocking of personal data - temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data);
Website - a collection of graphic and information materials, as well as computer programs and databases that ensure their availability on the Internet at the network address http://site;
Personal data information system - a set of personal data contained in databases and ensuring their processing information technologies and technical means;
Depersonalization of personal data - actions as a result of which it is impossible to determine without the use of additional information the ownership of personal data to a specific User or other subject of personal data;
Processing of personal data - any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
The operator is a government agency, municipal body, a legal entity or individual who, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;
Personal data - any information relating directly or indirectly to a specific or identified User of the website http://site;
User - any visitor to the website http://site;
Providing personal data - actions aimed at disclosing personal data to a certain person or a certain circle of persons;
Dissemination of personal data - any actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or familiarizing with personal data to an unlimited number of persons, including the publication of personal data in the media, posting in information and telecommunication networks or providing access to personal data in any other way;
Cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to an authority of a foreign state, a foreign individual or a foreign legal entity;
Destruction of personal data - any actions as a result of which personal data are destroyed irrevocably with the impossibility of further restoration of the content of personal data in the personal data information system and (or) as a result of which the material media of personal data are destroyed.
3. The Operator may process the following personal data of the User
Full Name;
Email address;
Phone numbers;
The site also collects and processes anonymized data about visitors (including cookies) using Internet statistics services (Yandex Metrica and Google Analytics and others).
4. Purposes of processing personal data
The purpose of processing the User’s personal data is the conclusion, execution and termination of civil contracts; processing citizens' requests.
Anonymized data of Users, collected using Internet statistics services, serves to collect information about the actions of Users on the site, improve the quality of the site and its content.
5. Legal grounds for processing personal data
The Operator processes the User’s personal data only if it is filled out and/or sent by the User independently through special forms located on the website http://site. By filling out the appropriate forms and/or sending his personal data to the Operator, the User expresses his consent to this Policy.
The Operator processes anonymized data about the User if this is allowed in the User's browser settings (saving cookies and using JavaScript technology are enabled).
6. The procedure for collecting, storing, transferring and other types of processing of personal data
The security of personal data processed by the Operator is ensured by implementing legal, organizational and technical measures necessary to fully comply with the requirements of current legislation in the field of personal data protection.
The operator ensures the safety of personal data and accepts all possible measures, excluding access to personal data of unauthorized persons.
The User's personal data will never, under any circumstances, be transferred to third parties, except in cases related to the implementation of current legislation.
If inaccuracies in personal data are identified, the User can update them independently by sending a notification to the Operator to the Operator's e-mail address fpi@site marked “Updating personal data.”
The period for processing personal data is unlimited. The User may at any time withdraw his consent to the processing of personal data by sending a notification to the Operator via email to the Operator's e-mail address fpi@site marked “Withdrawal of consent to the processing of personal data.”
7. Cross-border transfer of personal data
Before the start of cross-border transfer of personal data, the operator is obliged to ensure that the foreign state into whose territory it is intended to transfer personal data provides reliable protection of the rights of personal data subjects.
Cross-border transfer of personal data to the territory of foreign states that do not meet the above requirements can only be carried out if there is written consent of the subject of personal data to the cross-border transfer of his personal data and/or execution of an agreement to which the subject of personal data is a party.
8. Final provisions
The User can receive any clarification on issues of interest regarding the processing of his personal data by contacting the Operator via e-mail fpi@site.
This document will reflect any changes to the Operator’s personal data processing policy. The policy is valid indefinitely until it is replaced by a new version.
The current version of the Policy is freely available on the Internet at https://site.
Document Note
ConsultantPlus: note.
The text of the document is given in accordance with the publication on the website http://www.rosmintrud.ru as of November 11, 2013.
(approved by the Ministry of Labor of Russia on November 8, 2013)
MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
FOR THE DEVELOPMENT AND ADOPTION OF MEASURES BY ORGANIZATIONS
TO PREVENT AND COUNTER CORRUPTION
I. Introduction
Methodological recommendations for the development and adoption by organizations of measures to prevent and combat corruption (hereinafter referred to as the Methodological Recommendations) were developed in pursuance of subparagraph "b" of paragraph 25 Decree of the President of the Russian Federation dated April 2, 2013 N 309 “On measures to implement certain provisions of the Federal Law “On Combating Corruption” and in accordance with Article 13.3 Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption”.
The purpose of the Methodological Recommendations is to form a unified approach to ensuring work to prevent and combat corruption in organizations, regardless of their forms of ownership, organizational and legal forms, industry affiliation and other circumstances.
Informing organizations about the legal framework for anti-corruption work and liability for corruption offenses;
Determination of the basic principles of anti-corruption in organizations;
Methodological support for the development and implementation of measures aimed at preventing and combating corruption in the organization.
2. Terms and definitions
Corruption - abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, etc. property rights for oneself or for third parties, or the illegal provision of such benefits to the specified person by other individuals. Corruption also means committing the listed acts on behalf of or in the interests of a legal entity ( paragraph 1 of article 1 Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption”).
Anti-corruption - the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, local governments, civil society institutions, organizations and individuals within the limits of their powers ( paragraph 2 of article 1 Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption”):
a) to prevent corruption, including identifying and subsequently eliminating the causes of corruption (prevention of corruption);
b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);
c) to minimize and (or) eliminate the consequences of corruption offenses.
Organization - entity regardless of the form of ownership, legal form and industry affiliation.
Counterparty is any Russian or foreign legal entity or individual with whom the organization enters into contractual relations, with the exception of labor relations.
Bribe is the receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of money, securities, other property, or in the form of illegal provision of services of a property nature, the provision of other property rights for the commission of actions (inaction) in favor of the bribe-giver or persons represented by him, if such actions (inaction) are within the official powers of the official or if, by virtue of his official position, he can contribute to such actions (inaction), as well as for general patronage or connivance in the service.
Commercial bribery is the illegal transfer of money, securities, other property to a person performing managerial functions in a commercial or other organization, the provision of property services to him, the provision of other property rights for the commission of actions (inaction) in the interests of the giver in connection with the official position held by this person provision (part 1 of article 204 of the Criminal Code of the Russian Federation).
Conflict of interest is a situation in which the personal interest (direct or indirect) of an employee (representative of the organization) affects or may affect the proper performance of his official (labor) duties and in which a contradiction arises or may arise between the personal interest of the employee (representative of the organization) and the rights and legitimate interests of the organization, which can lead to harm to the rights and legitimate interests, property and (or) business reputation of the organization of which he is an employee (representative of the organization).
Personal interest of an employee (representative of an organization) - the interest of an employee (representative of an organization) associated with the possibility of the employee (representative of an organization) receiving income in the form of money, valuables, other property or services of a property nature, or other property rights in the performance of official duties for themselves or for third parties persons
3. The range of subjects for which the Methodological Recommendations have been developed
These Methodological Recommendations are developed for use in organizations, regardless of their form of ownership, organizational and legal forms, industry affiliation and other circumstances. At the same time, the Methodological Recommendations are, first of all, designed for use in organizations for which the legislation of the Russian Federation does not establish special requirements in the field of combating corruption (that is, in organizations that are not federal government bodies, government bodies of constituent entities of the Russian Federation, bodies local government, state corporations (companies), state extra-budgetary funds, other organizations created by the Russian Federation on the basis of federal laws, as well as organizations created to carry out tasks assigned to federal government bodies).
The management of the organization can use the Methodological Recommendations for the purposes of:
Obtaining information about the main procedures and mechanisms that can be implemented in the organization in order to prevent and combat corruption;
Obtaining information about the roles, functions and responsibilities that the organization’s management needs to assume for the effective implementation of anti-corruption measures in the organization;
Development of the foundations of anti-corruption policy in the organization.
Persons responsible for implementing anti-corruption policies in an organization can use these Guidelines for the following purposes:
Development and implementation in the organization of specific measures and activities aimed at preventing and combating corruption, including the development and implementation of relevant regulatory documents and methodological materials.
Employees of the organization can use the Methodological Recommendations for the following purposes:
Obtaining information about the responsibilities that may be assigned to employees of the organization in connection with the implementation of anti-corruption measures.
Information provided by the company "ConsultantPlus"
The documents provided are included in the ConsultantPlus System
Loading...
