The main directions of daily activities of managers in the organization of work to fulfill the requirements of the legislation of the Russian Federation on combating corruption in relation to employees. "guidelines for the development and adoption of organ

Annex 1. Collection of provisions of normative legal acts establishing penalties for committing corruption offenses Annex 2. International agreements on combating corruption in commercial organizations and methodological materials of international organizations Annex 3. Normative legal acts of foreign states on combating corruption with extraterritorial effect 4. Overview of typical situations of conflict of interest Annex 5. Model declaration of conflict of interest Annex 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 Guidelines) 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 of December 25, 2008 N 273-FZ "On Combating Corruption".

The purpose of the Guidelines is to form a unified approach to ensuring work on the prevention and counteraction of corruption in organizations, regardless of their form of ownership, organizational and legal forms, industry affiliation and other circumstances.

Informing organizations about the regulatory and legal support of work to combat corruption and responsibility for committing corruption offenses;

Determination of the basic principles of combating corruption in organizations;

Methodological support for the development and implementation of measures aimed at preventing and combating corruption in the organization.

Committing guilty acts by an employee directly servicing cash or commodity values if these actions give rise to a loss of confidence in him on the part of the employer (paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation);

Making an unreasonable 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 (paragraph 9 of the first part of Article 81 of the Labor Code of the Russian Federation);

A single gross violation by the head of an organization (branch, representative office), his deputies of their labor duties (paragraph 10 of the first part of Article 81 of the Labor Code of the Russian Federation).

2. International agreements on combating corruption in commercial organizations and foreign legislation

Organizations and their employees should take into account that they may be subject to the norms and sanctions established not only by Russian, but also by foreign anti-corruption legislation, in particular:

A Russian organization may be subject to the anti-corruption laws of those countries in which the organization operates;

In relation to a foreign organization for committing a corruption offense in the territory of the Russian Federation, sanctions may be applied under the anti-corruption legislation of the country in which the organization is registered or with which it is otherwise connected.

In this regard, Russian organizations are recommended to study the anti-corruption legislation of the countries in which they operate, in terms of the grounds for holding the organization liable for corruption offences.

Of particular importance is the legislation aimed at counteracting the 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 named Convention is given in Appendix 2 to these Guidelines.

In the event of difficult situations related to the bribery of foreign officials, Russian organizations operating outside the territory of the Russian Federation may seek advice and support from the diplomatic and trade missions of the Russian Federation abroad.

The appeal can be made, among other things, for the purpose of reporting information that has become known to the organization about the facts of bribery of foreign officials by Russian organizations or to obtain support when the organization encounters cases of extortion of bribes or receiving (giving) bribes from foreign officials.

On the territory of Russia, the Investigative Committee of the Russian Federation has the exclusive competence to investigate the facts of bribery of foreign officials (giving and receiving a bribe). In this regard, it is recommended to inform the investigating authorities of the Investigative Committee of the Russian Federation about the facts of bribery of foreign officials by individuals and legal entities.

A number of foreign countries have adopted legislative acts on combating corruption and bribery, having extraterritorial effect. Organizations registered and (or) operating in the territory of the Russian Federation that fall under the scope of such regulatory legal acts should take into account the requirements and restrictions established by them. Appendix 3 to these Guidelines provides short review the US Foreign Corrupt Practices Act, 1977 - FCPA; and the UK Bribery Act, 2010.

III. Basic principles of combating corruption in the 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 policy with the current legislation and generally accepted norms.

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 example leadership.

The key role of the organization's management in the formation of a culture of intolerance towards corruption and in the creation of an internal system for preventing and combating corruption.

3. The principle of employee involvement.

Awareness of the employees of the organization 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 the organization, its managers and employees being involved in corrupt 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 in the organization of such anti-corruption measures that are low cost, provide ease of implementation and bring significant results.

6. The principle of responsibility and the inevitability of punishment.

The inevitability of punishment for employees of the organization, regardless of their position, length of service and other conditions in the event that they commit corruption offenses in connection with the performance of their labor duties, as well as the personal responsibility of the organization's management for the implementation of internal organizational anti-corruption policy.

7. The principle of business openness.

Informing counterparties, partners and the public about anti-corruption business standards adopted by the organization.

8. The principle of constant control and regular monitoring.

Regular monitoring of the effectiveness of the 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

The anti-corruption policy of an organization is a set of interrelated principles, procedures and specific measures aimed at preventing and suppressing corruption offenses in the activities of this organization. Information about the anti-corruption policy implemented in the organization is recommended to be fixed in a single document, for example, with the same name - "Anti-corruption policy (name of organization)".

It is recommended that the anti-corruption policy and other documents of the organization regulating the issues of preventing and combating corruption be adopted in the form of local regulations, which will ensure that all employees of the organization are required to comply with them.

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 customers. At the same time, the reputation of the organization can to some extent serve as a protection against corrupt attacks by unscrupulous representatives of other companies and public authorities: the latter may refrain from offering or soliciting illegal rewards, because they 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 bribing officials, including foreign ones. It should be especially noted that the prevention of corruption in the selection of counterparty organizations and building relationships with them reduces the likelihood of imposing sanctions on the organization for the improper actions of intermediaries and partners.

The refusal of the organization to participate in corrupt transactions and the prevention of corruption also contribute to the conscientious behavior of its employees in relation to each other and to the organization itself. Conversely, an organization's loyal attitude towards illegal and unethical behavior towards counterparties can lead employees to feel that such behavior is also acceptable towards their employer and colleagues.

In the development and implementation of the 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 by the organization;

Implementation of anti-corruption measures envisaged by the policy;

Analysis of the application of the anti-corruption policy and, if necessary, its revision.

Development of a draft anti-corruption policy

The developer of the anti-corruption policy may be an official or 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 may involve external experts in the development and subsequent implementation of anti-corruption policies.

In addition to those directly responsible for the development of the draft anti-corruption policy, it is recommended to actively involve a wide range of employees of the organization in its discussion. To do this, it is necessary to ensure that employees are informed about the possibility of participating in the preparation of the project. In particular, the draft policy may be posted on the corporate website. Face-to-face discussions and consultations are also useful.

Project approval and approval

The draft anti-corruption policy, prepared taking into account the proposals and comments received, is recommended to be agreed with the personnel and legal departments of the organization, representatives of employees, and then submitted to the management of the organization.

The final version of the project is subject to approval by the management of the organization. The adoption of a policy in the form of a local regulation 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 by the organization

The approved anti-corruption policy of the organization is brought to the attention of all employees of the organization, including through e-mail notification. It is recommended to organize familiarization with the policy of employees hired by the organization against signature. It should also be possible for employees to have unimpeded access to the text of the policy, for example, post it on the corporate website of the organization. It is also useful to provide for a "transitional period" from the moment the anti-corruption policy is adopted to the start of its operation, during which to train the employees of the organization in the implemented standards of conduct, rules and procedures.

Implementation of anti-corruption measures provided for by the policy

The approved policy is subject to direct implementation and application in the activities of the organization. Exclusively great importance at this stage, it has the support of anti-corruption measures and initiatives by the management of the organization. The head of the organization, on the one hand, must demonstrate a personal example of compliance with anti-corruption standards of conduct, 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 the anti-corruption policy and, if necessary, its revision

It is recommended to regularly monitor the progress and effectiveness of the implementation of the anti-corruption policy. In particular, an official or structural subdivision of the organization, which is entrusted with the functions of preventing and combating corruption, may annually submit an appropriate report to the management of the organization. If, based on the monitoring results, there are doubts about the effectiveness of the implemented anti-corruption measures, it is necessary to make changes and additions to the anti-corruption policy.

The revision of the adopted anti-corruption policy can also be carried out in other cases, such as amending the Labor Code of the Russian Federation and anti-corruption legislation, changing the legal form of the organization, etc.

Goals and objectives of the implementation of anti-corruption policy;

Concepts and definitions used in politics;

Basic principles of anti-corruption activities of the organization;

The scope of the policy and the circle of persons falling under its action;

Determination of the officials of the organization responsible for the implementation of the anti-corruption policy;

Determining and fixing the responsibilities of employees and organizations related to the prevention and counteraction of corruption;

Establishment of a list of anti-corruption measures, standards and procedures implemented by the organization and the procedure for their implementation (application);

Responsibility of employees for non-compliance with the requirements of the anti-corruption policy;

The procedure for reviewing and amending the anti-corruption policy of the organization.

Scope of the policy and the circle of persons falling under its action

The main circle of persons falling under the policy are employees of the organization who are in contact with it. labor relations, regardless of the position held and the functions performed. However, the policy may set out the cases and conditions under which it applies to other persons, for example, individuals and (or) legal entities with which the organization enters into other contractual relations. At the same time, it should be taken into account that these cases, conditions and obligations should also be fixed in contracts concluded by the organization with counterparties.

Fixing the responsibilities of employees and organizations related to the prevention and combating corruption

The obligations of the employees of the organization in connection with the prevention and counteraction of 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 relation to preventing and combating corruption can be 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 or on behalf of the organization;

Immediately inform the immediate supervisor / the person responsible for the implementation of the anti-corruption policy / the management of the organization about cases of inducing an employee to commit corruption offenses;

Immediately inform the immediate supervisor / the person responsible for the implementation of the anti-corruption policy / the 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 supervisor or other responsible person about the possibility of the employee's conflict of interest or the conflict of interest that has arisen.

In order to ensure the effective performance of the duties assigned to employees, it is necessary to clearly regulate the procedures for their observance. So, in particular, the procedure for notifying the employer about cases of inciting an employee to commit corruption offenses or about information that has become known to the employee about cases of corruption offenses should be fixed in the local regulatory act of the organization. IN this document it is necessary to provide for channels and forms for submitting notifications, the procedure for their registration and terms for consideration, as well as measures aimed at ensuring the confidentiality of the information received and protecting persons who reported corruption offenses. As a methodological material in the preparation of a local regulatory act, we propose to use the Guidelines on the procedure for notifying a representative of an 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 notifications, issues of organizing the verification of this information and the procedure for registering notices.

Special duties in connection with the prevention and counteraction of corruption may be established for the following categories of persons working in the organization: 1) the management of the organization; 2) persons responsible for the implementation of the anti-corruption policy; 3) employees whose activities are associated with corruption risks; 3) persons exercising internal control and audit, etc.

Table 1 - Indicative list of anti-corruption measures

Direction	Event
Regulatory support, setting standards of conduct and declaration of intent	Development and adoption of a code of ethics and official conduct of employees of the organization
	Development and implementation of a provision on a conflict of interest, a declaration of a conflict of interest
	Development and adoption of rules governing the exchange of business gifts and business hospitality
	An indicative list of precautionary measures aimed at minimizing the threat of violation of the basic principles of ethics created by a conflict of interest (clause 2.34.4); An indicative list of possible approaches to disclosing information about the existence of a conflict of interest and obtaining the consent of clients for the provision of professional services by an audit organization (clause 2.34.5), etc. Normative legal acts defining legal status organizations of separate organizational and legal forms Use of standard anti-corruption clauses in joint agreements; Public refusal from joint business activities with persons (organizations) involved in corruption crimes; Organization and conduct of joint training on prevention 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. On the basis of the Anti-Corruption Charter and taking into account these Methodological Recommendations, business associations can develop independent guidelines for the implementation of specific measures to prevent and combat corruption, depending on industry affiliation, direction economic activity or the size of the businesses they bring together. On issues of prevention and combating corruption, organizations, among other things, can 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 business "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 an 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 notifications, questions organizing the verification of this information and the procedure for registering notifications" is 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 of accession to the charter, are given in Appendix 5 to the Guidelines.

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 11/11/2013.

(approved by the Ministry of Labor of Russia on 08.11.2013)

MINISTRY OF LABOR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION

ON THE DEVELOPMENT AND ADOPTION OF MEASURES BY ORGANIZATIONS

FOR THE PREVENTION AND COUNTERACTION OF CORRUPTION

I Introduction

Guidelines for the development and adoption by organizations of measures to prevent and combat corruption (hereinafter referred to as the Guidelines) were developed in pursuance of subparagraph "b" of paragraph 25 of Decree of the President of the Russian Federation of 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 Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption".

Informing organizations about the regulatory and legal support of work to combat corruption and responsibility for committing corruption offenses;

Determination of the basic principles of combating 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, other property rights for themselves or for third parties, or 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 (paragraph 1 of Article 1 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption").

Countering corruption - the activities of federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments, institutions civil society, organizations and individuals within their powers (paragraph 2 of Article 1 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption"):

a) to prevent corruption, including the identification and subsequent elimination of 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 - a legal entity, regardless of the form of ownership, organizational and legal form and industry affiliation.

Counterparty - any Russian or foreign legal or natural person with whom the organization enters into contractual relations, with the exception of labor relations.

A 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 to him, granting other property rights for actions (inaction) in favor of the briber or persons represented by him, if such actions (inaction) are included in 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.

Commercial bribery - illegal transfer of money, securities, other property to a person performing managerial functions in a commercial or other organization, provision of property services to him, provision of other property rights for actions (inaction) in the interests of the giver in connection with the official occupied by this person regulation (Part 1 of Article 204 of the Criminal Code of the Russian Federation).

Conflict of interest - a situation in which the personal interest (direct or indirect) of an employee (representative of an organization) affects or may affect the proper performance of his official (labor) duties and in which a conflict arises or may arise between the personal interest of an employee (representative of an organization) and the rights and the legitimate interests of the organization, which can lead to harm to the rights and legitimate interests, property and (or) business reputation of the organization, an employee (representative of the organization) of which he is.

Personal interest of an employee (representative of an organization) - the interest of an employee (representative of an organization) related to the possibility for an employee (representative of an organization) to receive income in the form of money, valuables, other property or services of a property nature, other property rights for himself or for third parties in the performance of official duties persons.

3. Range of subjects for which the Guidelines have been developed

These Methodological Recommendations have been 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 Guidelines are primarily 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 state bodies, state authorities of the constituent entities of the Russian Federation, bodies local self-government, state corporations (companies), state non-budgetary funds, other organizations created by the Russian Federation on the basis of federal laws, as well as organizations created to fulfill the tasks assigned to federal state bodies).

The management of the organization can use the Guidelines for the following purposes:

Obtaining information about the main procedures and mechanisms that can be implemented in organizations in order to prevent and combat corruption;

Obtaining information about the role, functions and responsibilities that the organization's management needs to take on in order to effectively implement anti-corruption measures in the organization;

Development of the basics of anti-corruption policy in the organization.

Persons responsible for the implementation of the anti-corruption policy in the organization can use these Guidelines in order to:

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 Guidelines for the following purposes:

Obtaining information about the obligations that may be assigned to the employees of the organization in connection with the implementation of anti-corruption measures.

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Guidelines 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 senior officials* (hereinafter - heads, officials or commanders, chiefs) and providing them with methodological assistance in organizing measures to prevent and combat corruption in the central bodies of military administration, associations, formations, military units and organizations created to fulfill the tasks set before the Ministry of Defense of the Russian Federation (hereinafter, unless otherwise stated, military units), as well as their strict observance of the anti-corruption legislation of the Russian Federation when organizing the relevant work.

increasing the effectiveness of measures taken by managers to counter corruption-related offenses among subordinate military personnel, federal state civil servants (hereinafter, unless otherwise noted, civil servants) and employees of organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation (hereinafter, if not otherwise specified, - personnel);

level up legal consciousness and personal responsibility of managers for preventing the commission of corruption offenses among subordinate personnel.

3. The main principles of combating corruption, the most appropriate in the organization of 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, other authorized (competent) bodies and institutions of civil society;

integrated use of organizational, legal, information and propaganda, special and other measures to prevent corruption.

4. The goals of anti-corruption activities of managers in the organization of relevant workare identification, elimination of the causes and conditions for the manifestation of corruption in military units, as well as the prevention of corruption offenses among subordinate personnel.

5. The manager must take all measures of anti-corruption protection, consisting in the prevention and resolute overcoming of dangerous situations of corruption* and their consequences. The fight against corruption requires systems approach and mobilization of efforts of commanders (chiefs) of 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, other property rights for themselves 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 (paragraph 1 of Article 1 of the Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption").

7. Anti-corruption- activities of federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments, civil society institutions, organizations and individuals within their powers (paragraph 2 of Article 1 of the Federal Law of December 25, 2008 No. 273-FZ
"On Combating Corruption"):

on the prevention of corruption, including the identification and subsequent elimination of the causes of corruption (prevention of corruption);

on detection, prevention, suppression, disclosure and investigation of corruption offenses (fight against 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 property services to him, granting other property rights for actions (inaction) in favor of the bribe giver or represented to them of persons, if such actions (inaction) are included in the official powers of the official, or if he, by virtue of his official position, can contribute to such actions (inaction), as well as for general patronage or connivance in the service.

9. Commercial bribery- illegal transfer of money, securities, other property to a person performing managerial functions in a commercial or other organization, provision of property services to him, provision of other property rights for 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 the employee (representative of the organization) affects or may affect the proper performance of his official (labor) duties and in which a conflict arises or may arise between the personal interest of the employee (representative of the organization) and the rights and legal interests of the organization that can lead to harm to the rights and legitimate interests, property and (or) business reputation of the organization, an employee (representative of the organization) of which he is.

11. Personal interest of the employee (representative of the organization)- the interest of an employee (representative of an organization) related to the possibility for an employee (representative of an organization) to receive income in the form of money, valuables, other property or services of a property nature, other property rights for himself or for third parties in the performance of official duties.

III. Normative legal acts on combating corruptionin the Armed Forces of the Russian Federation

12. Regulatory legal acts on combating 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 - Federal Law No. 53-FZ);

dated December 30, 2001 No. 197-FZ "Labor Code of the Russian Federation" (hereinafter - Federal Law No. 197-FZ);

dated July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (hereinafter - Federal Law of 2004 No. 79-FZ);

dated December 25, 2008 No. 273-FZ "On Combating Corruption" (hereinafter - Federal Law No. 273-FZ);

dated July 17, 2009 No. 172-FZ "On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts" (hereinafter - Federal Law No. 172-FZ);

dated December 3, 2012, No. 230-FZ “On Controlling the Compliance of Expenses of Persons Holding State Positions and Other Persons with Their Income” (hereinafter - Federal Law No. 230-FZ);

dated December 3, 2012 No. 231-FZ “On Amending Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On Controlling the Compliance of Expenses of Persons Holding Public Positions and Other Persons with Their Income” (hereinafter - Federal Law No. 231-FZ);

dated May 7, 2013 No. 79-FZ “On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments "(hereinafter - the 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 - 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 public service, upon appointment to which citizens and upon the replacement of which federal civil servants are obliged to provide information about their income, property and property obligations, as well as information about income, property and property obligations of their spouse (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 obligations” (hereinafter - Decree of the President of the Russian Federation No. 559);

dated May 18, 2009 No. 560 “On the submission by citizens applying for management positions in state corporations, funds and other organizations, persons filling management positions in state corporations, funds and other organizations, information on income, property and property obligations character” (hereinafter - Decree of the President of the Russian Federation No. 560);

dated September 21, 2009 No. 1065 "On verification of the reliability and completeness of information submitted by citizens applying for positions in the federal civil service, and federal civil servants, and compliance by federal civil servants with the requirements for official conduct" (hereinafter - 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 settlement of conflicts of interest" (hereinafter - 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 - 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 - 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 Controlling the Compliance of Expenses of Persons Holding Public Positions and Other Persons with Their Income” (hereinafter - Decree of the President of the Russian Federation No. 310);

dated July 8, 2013 No. 613 "Issues of combating corruption" (hereinafter - 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 - 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 - 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 - Decree of the President of the Russian Federation No. 460) (comes into force from 1 January 2015);

d) Decrees 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 in order to combat 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 funds received from its sale "(hereinafter referred to as Decree 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 military service, federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, upon appointment to which military personnel, federal state civil servants and citizens and upon the replacement of which military personnel, federal state civil servants and employees are required to provide information on their income, expenses (in the part relating to persons defined by the legislation of the Russian Federation), on property and liabilities of a property nature, as well as information on income, expenses (in relation to persons defined by the legislation of the Russian Federation), property and obligations of a property nature of their spouse (spouse) and minor children” (hereinafter - 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 of 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 fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, restrictions, prohibitions and obligations established for federal 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 - the 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 - 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 fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, military personnel, federal state civil servants information on income, property and liabilities of a property nature and employees of information on income, expenses, property and liabilities of a property nature ”(hereinafter - Order of the Minister of Defense of the Russian Federation No. 478);

dated June 29, 2013 No. 484 “On Approval of the Regulations on Checking the Authenticity and Completeness of Information Submitted by Citizens Applying for Positions and Employees Holding Positions in Organizations Established to Perform the Tasks Set for the Ministry of Defense and Compliance with the 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 Military Service Positions, the Federal State Civil Service in the Ministry of Defense of the Russian Federation, positions in organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, upon appointment to which military personnel, federal state civil servants and citizens, and in the event of whose replacement military personnel, federal state civil servants and employees are required to provide information on their income, expenses (to the extent relating to persons determined by the legislation of the Russian Federation), on property and property obligations, as well as information on income, expenses (as far as it relates to persons determined by the legislation of the Russian Federation), on the property and property obligations of their spouse (spouse) and minor children, approved by order of the Minister of Defense of the Russian Federation of October 25, 2012 city No. 3313dsp "(hereinafter - the order of the 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 - 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, the federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, the replacement of which entails the placement of information about their income, expenses, property and property obligations, as well as information on income, expenses, property and property obligations of their spouse (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 Plan for Combating Corruption in the Armed Forces of the Russian Federation for 2014-2015" (hereinafter - Order of the Minister of Defense of the Russian Federation No. 385);

dated June 10, 2014 No. 388 "On commissions of organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, to comply with the requirements for official behavior of employees and the settlement of conflicts of interest" (hereinafter - 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, service documents of a methodological nature, published within the competence of the relevant state bodies and officials.

IV. The main directions of the daily activities of managers in the organization of work to fulfill the requirements of the legislation of the Russian Federation on combating corruption in relation to military personnel

Organization of ensuring the fulfillment by military personnel of 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 solved by the leaders on the basis of the Plan for combating corruption in military command and control bodies, troops (forces).

In accordance with paragraph 2 of the Order of the Minister of Defense of the Russian Federation No. 385, the Deputy Ministers of Defense of the Russian Federation, commanders-in-chief of the branches of the Armed Forces of the Russian Federation, commanders of the troops of military districts, branches of the Armed Forces of the Russian Federation, heads of the central bodies of military administration approve anti-corruption plans developed in subordinate military command and control bodies, troops (forces).

When developing long-term and current planning of anti-corruption measures, leaders must 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 on combating 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 control over their implementation.

The activities of the plans 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 combating corruption;

c) activation of anti-corruption education of servicemen;

d) implementation of the requirements regarding the obligation of the heads of military command and control bodies to take measures to prevent corruption, as well as the liability of officials for illegal remuneration on behalf of a legal entity.

In order to implement these tasks, organize the implementation of Federal Law No. 273-FZ, managers, on the basis of federal laws, must:

a) to intensify work on the formation of a negative attitude towards corruption among military personnel, to involve public organizations statutory tasks of which is to participate in the fight against corruption, and other institutions of civil society, each established fact of corruption in the body of the military command to make public;

b) provide:

control over the fulfillment by military personnel of the obligation to report, in cases established by federal laws, about receiving a gift in connection with their official position or in connection with the performance of their official duties (Decree of the Government of the Russian Federation of 2014 No. 10);

implementation of a set of organizational, explanatory and other measures to comply with restrictions and prohibitions by military personnel, as well as to fulfill their duties established in order to combat corruption;

carrying out activities for the formation of military personnel negative attitude 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 behavior by military personnel 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 non-fulfillment of obligations established in order to combat corruption, violation of restrictions regarding the receipt of gifts and the procedure for returning gifts, conduct proceedings in accordance with the requirements of regulatory legal acts and take measures of responsibility in the prescribed manner.

These areas of activity of the head should be taken into account in the plans to combat corruption 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 comply with the Plan for combating corruption in the Armed Forces of the Russian Federation (Appendix to Order No. 385 of the Minister of Defense of the Russian Federation). Measures to combat corruption, the 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 the 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 issued in its development No. 463, in order to solve the tasks of combating corruption, managers are obliged to determine in subordinate units officials responsible for the work on the prevention of corruption and other offences, entrusting them with the following functions:

a) ensuring that military personnel comply with restrictions and prohibitions, requirements for preventing or resolving conflicts of interest, fulfilling their 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 attestation commissions when considering issues of compliance with the requirements for official conduct and settlement of conflicts of interest;

d) ensuring that servicemen fulfill their obligation to notify the Minister of Defense of the Russian Federation of all cases of any persons contacting them in order to induce them to commit corruption offences;

e) organization of legal education of military personnel on the prevention of corruption and other offenses;

f) conducting proceedings against servicemen who have committed corruption and other offenses;

g) provision of advisory assistance to military personnel on issues related to the practical application of the requirements for official conduct and the general principles of official conduct of civil servants, approved by Decree of the President of the Russian Federation No. offenses, their failure to provide information or the submission of false or incomplete information about income, property and obligations of a property nature;

h) ensuring the verification of the reliability and completeness of information on income, expenses, property and liabilities of a property nature, submitted by citizens applying for positions in the military service, and military personnel in accordance with the legislative and other regulatory legal acts of the Russian Federation, as well as verification of compliance by military personnel performance requirements.

16. The system of work of managers in organizing the implementation of the requirements of the legislation of the Russian Federation on combating corruption and the List of necessary regulatory legal acts and other official documents of a military unit on combating corruption are given in Appendixes No. 1 and No. 2 to these Guidelines.

Organization of the work of the head of the submission by military personnel of information on income, expenses, property and obligations of a property nature

17. In accordance with Chapter I 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 fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, military personnel, federal state civil servants information on income, property and liabilities of a property nature and employees information on income, expenses, property and liabilities of a property nature, approved by order of the Minister of Defense of the Russian Federation No. 478, military personnel undergoing military service under a contract in the Armed Forces of the Russian Federation, applying for positions of military service in the Ministry of Defense of the Russian Federation, provided for by the list of positions, are:

information about their income received from all sources (including income from the previous place of work or place of replacement of an elective position, pensions, allowances, other payments) for the calendar year preceding the year of filing documents for filling a military service position, as well as information about property owned by to him on the right of ownership, and on his obligations of a property nature as of the first day of the month preceding the month of submission of documents for filling a military service position (as of the reporting date);

information about the income of the spouse (spouse) and minor children received from all sources (including wages, pensions, allowances, other payments) for the calendar year preceding the year of submission of documents for filling the position of military service, as well as information about the property owned by them for the right of ownership, and on their obligations of a property nature as of the first day of the month preceding the month of submission of documents for filling a military service position (as of the reporting date).

18. Federal Law No. 230-FZ establishes the legal and organizational framework for monitoring the compliance of expenses of a person holding a public position (another person), expenses of his spouse (spouse) and minor children with the total income this person and his spouse (spouse) for the last three years preceding the transaction, determines the categories of persons in respect of whom control over expenses is carried out.

This law establishes the obligation of military personnel to provide information about their expenses, as well as about the expenses of their spouse (spouse) and minor children for each transaction for the acquisition land plot, another object of real estate, a vehicle, securities, shares (participatory interests, shares in the authorized (share) capital of organizations), if the transaction amount exceeds the total income of this person and his wife (spouse) for three last year prior to the transaction, and on the sources of funds at the expense of which the transaction was completed.

19. Citizens applying for positions in the military service in the Ministry of Defense of the Russian Federation, provided for in the list of positions, submit, before January 1, 2015, information on income and expenses according to previously established forms of certificates.

20. In accordance with subparagraph 2.3 of paragraph 2 of the resolution of the Coordinating Meeting of the 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 the information about your income and the income of your spouse (spouse) and minor children received from all sources, including:

income received by way of inheritance;

income received in connection with donations by close relatives (including without registration of civil law contracts).

21. Information on income, expenses, property and liabilities of a property nature 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 replacing positions military service:

appointed by the President of the Russian Federation - to the Main Directorate of Personnel 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 for Combating Corruption;

which are appointed by the Minister of Defense of the Russian Federation, deputies of the Minister of Defense of the Russian Federation - to the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation;

appointments to which are made 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 the commanders of the troops of military districts, fleets - to the personnel bodies of military districts, fleets, respectively;

appointed by the chiefs of the military 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 state bodies, bodies state authorities of the constituent entities of the Russian Federation and organizations and the provision of this information to the all-Russian media mass media for publication, approved by Decree of the President of the Russian Federation No. 613, and the requirements of Order No. 217 of the Minister of Defense of the Russian Federation, information on income, expenses, property and property obligations for the entire period of filling positions by a military man, the replacement of which entails the publication of his information about income, expenses, on property and obligations of a property nature, as well as information on income, expenses, on property and obligations of a property nature of his wife (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 updates.

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 Directorate of Personnel 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.

In order to organize the timely provision by military personnel of information on their incomes, expenses, property and liabilities of a property nature, their placement on the official website of the Ministry of Defense of the Russian Federation, as well as the implementation of anti-corruption legislation in general, the Secretary of State - Deputy Minister of Defense of the Russian Federation clarifies with his instructions deadlines for submission of the mentioned information, reports on the results of the work performed, submission of other data in this area of activity.

Organization of verification of the reliability and completeness of the 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 submitted by citizens applying for positions in the federal civil service and federal civil servants, and compliance by federal civil servants with the requirements for official conduct.

The requirements of the above decree must be guided by the organization of verification of the accuracy and completeness of the information provided by military personnel, and their compliance with restrictions and prohibitions, requirements for the prevention or settlement of conflicts of interest, the performance of their duties established by Federal Law No. 278-FZ and other federal laws (hereinafter - performance requirements).

a) the Minister of Defense of the Russian Federation - in relation to servicemen holding positions of military service, the appointment to which is carried out by the Minister of Defense of the Russian Federation, deputies of the Minister of Defense of the Russian Federation;

b) commanders of troops of military districts - in relation to servicemen holding military service posts, appointment to which is carried out by commanders of troops of military districts.

The decision is made separately for each serviceman and is made in writing.

The basis for the verification is sufficient information provided in writing in the prescribed manner, including:

a) law enforcement and other state bodies, as well as local governments and their officials;

b) officials responsible for the work on the prevention of corruption and other offenses;

c) permanent governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;

d) the Public Chamber of the Russian Federation;

e) all-Russian mass media.

Anonymous information cannot serve as a basis for verification.

The audit 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 check, with the written consent of the official who made the decision to conduct it, is provided by the personnel body with simultaneous notification of the serviceman in respect of whom the check 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 Civic Chamber of the Russian Federation, which provided information that was the basis for the verification, in compliance with the legislation of the Russian Federation on personal data and state secrets.

24. The procedure for exercising control over the compliance of the expenses of military personnel, the expenses of his spouse (spouse) and minor children is determined by Federal Law No. 230-FZ.

25. Verification of the accuracy and completeness of information on income, expenses, property and liabilities of a property nature, submitted by military personnel applying for positions in the military service, and military personnel in accordance with the legislative and other regulatory legal acts of the Russian Federation, as well as verification of compliance by military personnel with the requirements to official behavior falls within the competence of the personnel department for the prevention of corruption and other offenses (officials responsible for the work on the prevention of corruption and other offenses).

Responsibility of military personnel

on combating corruption

26. Liability of individuals for corruption offenses is defined in Article 13 of Federal Law No. 273-FZ. In accordance with the specified 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 may, by a court decision, be deprived of the right to hold certain positions in state and municipal service in accordance with the legislation of the Russian Federation.

Subparagraph "e.1" of paragraph 1 of Article 51 of Federal Law No. 53-FZ determines that a serviceman for corruption offenses is subject to dismissal from military service due to the loss of confidence in the serviceman on the part of an official who has the right to decide on his dismissal, in the event :

failure by the military to take measures to prevent and (or) resolve a conflict of interest to which he is a party;

military servicemen fail to provide information about their income, expenses, property and property obligations, as well as income, expenses, property and property obligations of their spouse (spouse) and minor children, or submission of knowingly false or incomplete information;

participation of a serviceman on a paid basis in the activities of the management body of a commercial organization, except for cases established by federal law;

military personnel entrepreneurial activity;

the entry of a serviceman into the composition of management bodies, trustees 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;

violations by a serviceman, his wife (husband) and minor children in the cases provided for by Federal Law No. 79-FZ of 2013 of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments.

Subparagraph "d.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 the loss of confidence in a military man who is a commander (chief) on the part of an official who has the right to decide 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 a 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 military serviceman who is doing military service under a contract may be early dismissed from military service in connection with a violation of prohibitions, restrictions and obligations related to military service provided for in Clause 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 the Federal Law 76-FZ determines that military personnel are not entitled to:

engage in other paid activities, with the exception of pedagogical, scientific and other creative activities, if it does not interfere with the performance of military service duties. At the same time, pedagogical, scientific and other creative activity cannot be funded solely by funds foreign states, 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 official duties serviceman, as well as to assist individuals and legal entities in the implementation of entrepreneurial activities, using their official position;

use for purposes not related to the performance of duties of military service, the financial resources and property of a military unit, as well as other state property, with the exception of cases when the said property is used for a fixed fee, in accordance with federal laws and other regulatory legal acts of the Russian Federation;

receive royalties for publications and speeches related to the performance of military service duties;

to receive remuneration from individuals and legal entities (gifts, monetary rewards, loans, services, payment for entertainment, recreation, transportation costs and other remuneration) associated with the performance of military service duties, with the exception of valuable gifts (including nominal ones) and monetary amounts, with which military personnel are awarded as an encouragement in accordance with general military regulations;

accept, without the permission of the President of the Russian Federation, awards of foreign states, international and foreign organizations;

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 reciprocal basis by agreement of state authorities with the relevant state authorities of foreign states, or international organizations;

use his official position in the interests of political parties and public, including religious, associations, as well as to promote attitudes towards them;

be a member of the governing bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural subdivisions 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:

Unless otherwise provided by federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, a serviceman is subject to restrictions, prohibitions and obligations established by Federal Law No. 273-FZ and Articles 17, 18 and 20 of Federal Law No. 79-FZ of 2004, with the exception of restrictions, prohibitions and obligations that impede the performance by military personnel of their duties to carry out operational-search activities or ensure the security of the Russian Federation. Establishment of such exceptions and determination of servicemen to whom these exceptions apply, in each individual case, is 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 of subparagraphs "e.1" or "e.2" of paragraph 1, or "f.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 HR department for prevention of corruption and other offenses, and if the report on the results of the audit was sent to the attestation commission - and on the basis of the recommendation of this commission.

When applying penalties, the nature of the corruption offense committed by the serviceman, its severity, the circumstances under which it was committed, the observance by the serviceman of other restrictions and prohibitions, requirements for the prevention or settlement of conflicts of interest and the fulfillment of duties established in order to combat corruption, as well as previous results performance of military 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 serviceman, not counting the period of temporary disability of a serviceman, his stay on vacation, other cases of his absence from service for good reasons, as well as the time of the 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 on the imposition of a penalty on a serviceman, in the event that 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 imposition of a penalty on a serviceman, indicating the corruption offense and regulatory legal acts, the provisions of which he violated, or on the refusal to apply such a penalty, indicating the motives, is handed over to the serviceman against receipt within five days from the date of issuance of the relevant act.

A serviceman has the right to appeal the penalty in writing in the prescribed manner.

If within one year from the date of application of a penalty for committing a corruption offense, a serviceman has not been subjected to a penalty, with the exception of dismissal from military service, he is considered not to have a penalty.

central military authorities

Organization of enforcement by federal state civil servants of the requirements of the legislation of the Russian Federation

on combating 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 body of military command (hereinafter referred to as the Plan).

The plan in form and structure must comply with 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 activities of the manager should be developed taking into account the specifics of the tasks performed and aimed at achieving specific results. The head is personally responsible for the state of work on combating corruption in the military command and control body and monitors the implementation of the measures provided for by 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 the order of the Minister of Defense of the Russian Federation No. 463, the head determines the officials responsible for the work on the prevention of corruption and other offenses in the military command and control body, and submits this data to the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation.

In order to implement the anti-corruption policy, the head ensures the placement of information stands with materials on methods of
and methods of combating manifestations of corruption, organizes legal education of civil servants on the prevention of corruption and other offenses.

Organizing and conducting the collection of data on income, expenses
on property and property obligations

28. In accordance with paragraph 2 of the order of the Minister of Defense of the Russian Federation No. 3313dsp, the leaders represent
to the Main Directorate of Personnel 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, upon filling which civil servants are required to provide information on income, expenses, property and liabilities of a property nature. When forming these proposals, the List of functions of the Ministry of Defense of the Russian Federation is taken into account, the implementation of which is most likely to commit corruption offenses, approved by the Minister of Defense of the Russian Federation on December 25, 2013.

The head exercises control over the timely submission by subordinate civil servants through the department (state civil service) of the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation) of information about their income, expenses, property and property obligations, as well as income, expenses, property and property obligations the nature 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 a certificate of income, expenses, property and property obligations and amendments to certain acts of the President of the Russian Federation” and to those specified by the representative employer deadlines.

If a civil servant finds that the information provided by him on income, property and obligations 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 submission of information, provide updated information.

Checking the accuracy and completeness of information about income, property and property obligations, as well as the correspondence of the expenses of a civil servant and members of his family to their income, is carried out by decision of the representative of the employer in the manner established by the 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 head is obliged to take measures to prevent any possibility of a conflict of interest in the military command and control body.

In order to prevent or resolve conflicts of interest (performing certain functions by civil servants 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 the immediate supervisor about this and, in accordance with the requirements of Part 3 of Article 19 of Federal Law No. 79-FZ of 2004, to inform the representative of the employer (through the Department (of the State Civil Service) of the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation) in writing.

The Main Directorate of Personnel of the Ministry of Defense of the Russian Federation for guidance in the official activities of civil servants prepared a Memo on resolving a conflict of interest in the federal state civil service in the Ministry of Defense of the Russian Federation.

Notification of the employer's representativeabout the intention of a civil servant to carry outother paid work

30. In accordance with Part 2 of Article 14 of the Federal Law of 2004 No. 79-FZ, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest.

In addition, the civil servant notifies the immediate head of the military command body of the intention to perform other paid work, who is interested in the fact that the performance of this work by the civil servant does not affect the results of the performance of official duties in the civil service position being replaced. Thus, other paid work can be carried out by a civil servant, subject to the restrictions and prohibitions associated with civil service established by Articles 16-19 of the Federal Law of 2004 No. 79-FZ, in their free time from civil service on the basis of an employment (civil law) contract.

After the report to the representative of the employer, the notification is subject to registration in the department (state civil service) of the Main Directorate of Personnel 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 of the factsappeals in order to persuade a civil servant to commit corruption offenses

31. In cases where a civil servant is contacted by any persons in order to induce him to commit corruption offenses, the civil servant, in accordance with his official (official) duties, is obliged to notify the representative of the employer about this.

Registration of the notification is carried out in the department (state civil service) of the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation.

Non-fulfillment by a civil servant of the official (official) obligation to notify of the fact of treatment in order to induce to commit a corruption offense is an offense entailing the dismissal of a civil servant from the civil service or bringing him to other types of responsibility in accordance with the legislation of the Russian Federation.

Receipt of a gift by a civil servant in connection with his official position or in connection with the performance of his official duties

32. The head, before sending civil servants on business trips, to participate in protocol and other official events, organizes instructing subordinate officials on notification of all cases of receiving gifts by civil servants 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 who has occupied a position in the civil service when he concludes an employment or civil law contract

33. A citizen who has held positions in the civil service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after dismissal from the civil service, is obliged, when concluding labor or civil law contracts for the performance of work (provision of services), to inform the employer of information about the last place his 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 shall submit 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 settlement of conflicts of interest (through the Main Directorate of Personnel of the Ministry Defense of the Russian Federation) on consideration of the issue of filling by him, under the terms of an employment contract, a position in a commercial or non-profit organization or performing work on the terms of a civil law contract in a commercial or non-profit organization, if certain functions of state management 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 the Decree of the President of the Russian Federation No. 453, such an appeal may be filed by a civil servant planning his dismissal from the civil service.

Responsibility of civil servantsfor violations of the legislation of the Russian Federationon combating corruption

34. Liability of individuals for corruption offenses is defined in Article 13 of Federal Law No. 273-FZ. In accordance with the specified 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 representative of the employer, officials of the department (state civil service) of the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation conduct an audit. Based on the report on the results of the inspection, the representative of the employer, and in the event that 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 state civil servants and the settlement of conflicts of interest, and on the basis of the recommendation of this commission, penalties are applied to the civil servant:

1) remark;

2) reprimand;

3) a warning about incomplete official compliance.

Federal Law No. 273-FZ establishes the grounds on which a civil servant may be dismissed due to loss of confidence:

1) failure to take measures by a civil servant to prevent and (or) resolve a conflict of interest to which he is a party;

2) civil servants fail to provide information about their income, expenses, property and property obligations, as well as income, expenses, property and property obligations of their spouse (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, with the exception of cases established by federal law;

4) implementation by civil servants of entrepreneurial activity;

5) inclusion of a civil servant in the composition of management bodies, trustees 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 representative of the employer to remove from the civil servant the penalty 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 in the organization of work to fulfill the requirements of the legislation of the Russian Federation on combating corruption in relation to employees

Organization of ensuring that employees comply 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 combating corruption are solved by managers on the basis of a plan for the prevention of corruption and other offenses in subordinate organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation (hereinafter referred to as organizations), as well as ensuring their activities to comply with restrictions, prohibitions, duties and rules of official conduct by employees.

In accordance with paragraph 2 of the Order of the Minister of Defense of the Russian Federation No. 385, the head of each organization is obliged to prepare an anti-corruption plan, which is submitted to them for approval by a higher head.

In addition, when developing long-term and ongoing planning of anti-corruption measures, 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 are personally responsible for the state of anti-corruption work in subordinate organizations and their structural divisions.

The work plans for combating corruption should provide for measures to analyze the results of work on the implementation of anti-corruption legislation, holding meetings, training methodological meetings and classes, developing measures to improve this activity, as well as improving the skills of employees whose job responsibilities include participating in combating corruption.

In a planned manner, work should also be carried out 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, upon appointment to which citizens and upon the replacement of which federal civil servants are required to provide information about their income, property and obligations of a property nature, as well as information about the income, property and obligations of a property nature of their spouse (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 upon the replacement of which military personnel, federal state civil servants and employees are obliged provide information about their income, property and property obligations, as well as information about income, property and property obligations of their spouse (spouse) and minor children, approve approved by Order of the Minister of Defense of the Russian Federation No. 3313dsp (as amended by orders of the Minister of Defense of the Russian Federation of 2013 No. 354dsp and No. 810dsp) (hereinafter referred to as the List of Positions), upon filling which employees are required to provide information about their income, property and obligations of property nature, as well as information on income, property and property obligations of their spouse (spouse) and minor children.

When planning this work for 2014-2015 and holding meetings, meetings and classes, one should take into account the requirements of the Decree of the President of the Russian Federation No. 460, which enters into force on January 1, 2015, which approved new forms of certificates of income, expenses, property and obligations 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, divisions of personnel services for the prevention of corruption and other offenses (or identify officials of the personnel services responsible for the work on the prevention of corruption and other offenses), whose functions are set out in paragraph 15.

The head (head) of the organization and employees subordinate to him should also be aware 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. 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 No. 79-FZ of 2004 (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 prevention and combating corruption, it is necessary to take into account the goals and objectives of training, the category of trainees, the type of training, depending on the time of its implementation.

The goals and objectives of training determine the subject and form of classes. Training may, in particular, be conducted on the following topics:

corruption in public sector economy and individual executive authorities;

legal liability for committing corruption offenses;

familiarization with the requirements of the legislation and internal documents of the organization on combating corruption and the procedure for their application in the activities of the organization;

identification and resolution of conflicts of interest in the performance of labor duties;

behavior in situations of corruption risk, in particular, in cases of extortion of a bribe by officials of state, municipal and other organizations;

interaction with law enforcement agencies on prevention and combating corruption.

When organizing training, the category of trainees should be taken into account. Standard allocated following groups trainees:

a) persons responsible for combating corruption in the organization;

b) executives; other employees of the organization.

Depending on the timing, the following types of training can be distinguished:

a) training on prevention and combating corruption immediately after employment;

b) training when an employee is appointed to another, higher position, which involves the performance of duties related to the prevention and combating corruption;

c) periodic training of employees of the organization in order to maintain their knowledge and skills in the field of combating corruption at the proper level;

d) additional training in case of detection of failures in the implementation of anti-corruption policy, one of the reasons for which is the lack of knowledge and skills of employees in the field of combating corruption.

Advice on anti-corruption issues is usually carried out on an individual basis. In this case, it is advisable to identify the persons of the organization responsible for such consultation. Advice on specific issues of combating corruption and resolving conflicts of interest is recommended to be carried out on a confidential basis.

The procedure for the provision of information by employeeson income, expenses, property and liabilitiesproperty nature

36. The procedure for the submission by citizens applying for positions in organizations and employees of information on income, expenses, property and property obligations is determined by order of the Minister of Defense of the Russian Federation No. 478.

The list of information submitted by citizens and employees applying for positions of employees in the Ministry of Defense of the Russian Federation, provided for by the list of positions, is set out in paragraph 17 of these Guidelines.

Information on income, expenses, property and liabilities of a property nature is submitted in accordance with the certificate form approved by the President of the Russian Federation from January 1, 2015:

citizens - when they are appointed to the positions of employees provided for by the list of positions;

employees, annually, no later than April 30 of the year following the reporting one, replacing the positions of employees provided for in the List of positions, including:

Positions of chiefs (managers) of organizations:

a) the head (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 (head, director, general director, chief physician, head, chairman) of institutions and organizations of all forms and types of activities and their branches.

Positions of heads of structural subdivisions of military units, institutions and organizations:

a) the head (head) (of a department, center, service, bureau, inspection, department, department, unit, point (combined), including those that are part of other structural units);

b) deputy chief (head) (of a department, service, inspection, department, department, unit, point (combined), including those that are part of 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-inspector, senior teacher of the department, accountant-inspector, inspector-inspector, 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 (simultaneously with information on income, property and obligations of a property nature of one's own, spouse and minor children) is submitted by employees filling positions:

a) appointments made by the President of the Russian Federation - to the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation with the subsequent submission of the specified information to the Office of the President of the Russian Federation for Combating Corruption;

b) hiring for which
Secretary of State - 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 Directorate of Personnel of the Ministry of Defense of the Russian Federation;

c) hiring, for which the head of the Main Directorate of the General Staff of the Armed Forces of the Russian Federation carries out - in the personnel bodies of subordinate departments;

d) hiring, for which the commanders of the troops of military districts, fleets carry out - to the personnel bodies of military districts, fleets;

e) hiring, which is carried out by the commanders of associations (they are equal), formations (they are equal), commanders (heads) of military units and organizations - to the personnel bodies of associations (they are equal), formations (they are equal), military units ( organizations).

37. Information on income, expenses, property and property obligations of employees replacing the positions of the head (head, director, general director, chief physician, head, chairman) of the organization and its branch, deputy head (head, director, general director, chief doctor, head, 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 obligations of his wife (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.

The heads (managers) of organizations are obliged to ensure timely submission to the Main Directorate of Personnel 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.

Verification of the accuracy and completeness of the information provided by employees, compliance by employees with restrictions and prohibitions, requirements for the prevention or settlement of conflicts of interest

38. Regulations on verifying the accuracy and completeness of information submitted by citizens applying for positions and employees filling positions in organizations established to fulfill the tasks assigned to the Ministry of Defense and compliance by employees with the requirements for official conduct, approved by order of the Minister of Defense of the Russian Federation No. 484 (hereinafter referred to as the Regulation), the procedure for conducting an audit is determined, which includes checking the accuracy and completeness of information about income, property and property obligations submitted by applicants for the position of an employee and employees for themselves, as well as information about income, property and property obligations of their spouses 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 preventing or conflict of interest, performance of their duties established by Federal Law No. 273-FZ and other federal laws.

Verification is carried out according to the decision:

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 the 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 (they are equal), formations (they are equal), commanders (heads) 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 appropriate positions in organizations created to fulfill the tasks assigned to the Ministry of Defense.

The verification procedure is set out in
paragraph 20 of these Guidelines.

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 an order of the Minister of Defense of the Russian Federation dated June 10, 2014 No. 388 “On commissions of organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation , on compliance with the requirements for the official behavior of employees and the settlement of conflicts of interest.

If, during the verification, 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 audit materials are stored in the relevant personnel body 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 combating corruption

39. In his work, the head of an organization must take into account the provisions of Article 12 of Federal Law No. 273-FZ, which establish restrictions for a citizen who has held a position in a state or municipal service when concluding an employment or civil law contract with him.

In particular, the employer, when concluding an employment or civil law contract for the performance of work (rendering of services) with a citizen who held positions in the state or municipal service, the list of which is established by the regulatory legal acts of the Russian Federation, within two years after his dismissal from the state or municipal service , is obliged within ten days to inform the representative of the employer (employer) of a state or municipal employee on the conclusion of such an agreement on 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 held positions in a 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.

The above requirements, based on the provisions of paragraph 1 of Decree of the President of the Russian Federation No. 925, apply to persons who have held federal public service positions included in the list of positions approved by the head of the state body in accordance with
with Section III of the List of positions of the federal civil service, upon appointment to which citizens and upon the replacement of which federal civil servants 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 spouses ( 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 by Part 4 of Article 12 of the Federal Law
273-FZ is an offense and entails, in accordance with Article 19.29 of the Code of Administrative Offenses of the Russian Federation, liability in the form of an administrative fine.

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 obligations of a property nature, as well as income, about property and property obligations of his wife (spouse) and minor children, or the submission of knowingly false or incomplete information is the basis for refusing to hire 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 for special grounds for involving an employee of an organization in

disciplinary liability in connection with the commission of a corruption offense in the interests or on behalf of the organization.

At the same time, the Labor Code of the Russian Federation provides for the 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 that give grounds for the loss of confidence are committed by the employee at the place of work and in connection with the performance of his labor duties.

The employment contract may be terminated by the employer, including in the following cases:

a) a single gross violation by the employee of labor duties, expressed in the disclosure of legally protected secrets (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 the 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 values, if these actions give rise to a loss of confidence in him on the part of the employer (paragraph 7 of the first part of Article 81 of the Labor Code of the Russian Federation);

c) making an unreasonable 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 (paragraph 9 of the first part 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), his deputies of their labor duties (paragraph 10 of the first part of Article 81 of the Labor Code of the Russian Federation).

42. For the commission of a disciplinary offense, that is, non-performance or improper performance by the 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 paragraph 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, fails to provide or provides incomplete or inaccurate information about his income, expenses, property and obligations of a property nature or failure to provide or submission of deliberately incomplete or false information about income, expenses, property and property obligations of their spouse and minor children, opening (presence) 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 may be terminated in accordance with paragraph 3 of Article 278 of the Labor Code of the Russian Federation in connection with the violation of the prohibitions established by paragraph 2 of Article 21 of Federal Law No. 161-FZ of November 14, 2002 “On State and Municipal unitary enterprises.

44. Applications received by organizations that report violations of anti-corruption laws 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 from the performance of functions inmilitary units, the implementation of which is most likely to commit corruption offenses

45. In each military unit, the head is recommended to develop a list of functions, the implementation of which is most likely to commit corruption offenses. For each such function, it is necessary to identify the main corruption offenses and situations (corruption risks)* that lead to a conflict of interest.

The list of functions of the Ministry of Defense of the Russian Federation, the implementation of which is most likely to commit corruption offenses, 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 leader is not only about management, he must create the most favorable conditions for each serviceman, civil servant and employee to actively seek 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, material incentives that encourage each military man, civil servant and employee to think, 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 each leader and personnel, act as a regulator of relations in the team, which will contribute to the successful operation of the military unit to achieve its goals.

ACTING HEAD OF THE MAIN HR DEPARTMENT

MINISTRIES OF DEFENSE OF THE RUSSIAN FEDERATION

major general

V.Konstantinov

Work system

managers in organizing the implementation of the requirements of the legislation of the Russian Federation on combating corruption

Annually:

1. Approves plans for combating corruption in the military administration.

2. Organizes:

bringing to the attention of military personnel the provisions of the legislation of the Russian Federation on combating corruption, including establishing penalties for receiving and giving a bribe, mediation in bribery in the form of fines multiples of the amount of the bribe, on dismissal due to loss of confidence, on the procedure for verifying information provided by military personnel in in accordance with the legislation of the Russian Federation on combating corruption;

familiarization with the List of military service positions, 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 and upon the replacement of which military personnel, federal state civil servants and employees are required provide information on their income, expenses, property and property obligations, as well as information on income, expenses, property and property obligations of their 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*, on property and liabilities of a property nature, 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 the submission of information on income, expenses, property and liabilities of a property nature for the body (s) of military command, military units;

submission to the Main Directorate of Personnel 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 appeals 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 clarification of the lists of officials responsible for the work on the prevention of corruption and other offenses in military units;

summarizing information on the number of military personnel who are required to submit information on income, expenses, property and property obligations for military command and control bodies and military units;

assessment of corruption risks arising from the performance of the functions of a military unit, the implementation of which is most likely to commit corruption offenses.

3. Provides advanced training for military personnel whose official duties (functions) include participation in combating corruption.

4. Considers and approves the annual work plans of the attestation 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 the causes and conditions that contribute to the emergence of a conflict of interest;

identification of cases of a conflict of interest and the implementation of measures to prevent and resolve conflicts of interest, as well as the application of legal liability measures provided for by the legislation of the Russian Federation;

implementation of a set of measures to ensure that military personnel comply with restrictions, prohibitions and duties, requirements for the prevention or settlement of conflicts of interest, as well as for the fulfillment of their duties established in order to combat 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 following the results of an independent anti-corruption expertise of regulatory legal acts in accordance with the rules for conducting anti-corruption expertise of regulatory legal acts, draft regulatory legal acts.

3. Provides:

effective functioning of attestation commissions when considering corruption offenses;

interaction with law enforcement agencies and other state bodies on the organization of combating corruption in military command and control bodies;

sending to the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation information on income, expenses, property and property obligations of military personnel, as well as information on income, expenses, property and property obligations of their spouse (spouse) and minor children (in part relating to persons defined by the legislation of the Russian Federation), according to the list approved by the Minister of Defense of the Russian Federation (with electronic media attached).

4. Controls:

the work of officials responsible for the work on the prevention of corruption and other offenses;

fulfillment by military personnel of the obligation to report, in cases established by federal laws, about the receipt of a gift by them in connection with their official position or in connection with the performance of their official duties;

performance by military personnel of the obligation to notify the Minister of Defense of the Russian Federation of 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 corruption-hazardous positions.

5. Appoints, in accordance with the established procedure, proceedings against servicemen who have committed corruption and other offenses.

6. Considers at the certification commissions commanders (chiefs) who have not fulfilled their duties to prevent and (or) resolve conflicts of interest, take measures to resolve conflicts of interest and disciplinary action against them.

Quarterly:

Organizes:

generalization of the practice of considering complaints received in various forms from citizens and organizations on the facts of manifestations of corruption;

checking the accuracy and completeness of information, compliance with the requirements for official conduct;

sending (if necessary) in the prescribed manner requests through the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation to federal executive bodies authorized to carry out operational-search activities, credit organizations, tax authorities of the Russian Federation and bodies that carry out state registration of rights to real estate and transactions with him;

submitting the results of inspections to the Main Directorate of Personnel of the Ministry of Defense of the Russian Federation by the 10th day of the month following the reporting quarter;

monitoring the activities of attestation commissions when considering corruption offenses;

monitoring the practice of bringing to disciplinary responsibility military personnel who have committed corruption offenses, presenting the results to the Main Directorate of Personnel 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. An order to determine in the body of military command (subdivisions) officials 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 of the facts of an appeal 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 dated May 11, 2010 No. 444).

5. The list of positions in the military service, the federal state civil service in the Ministry of Defense of the Russian Federation, positions in organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, upon appointment to which military personnel, federal state civil servants and citizens, and upon the replacement of which military personnel , federal state civil servants and employees are required to provide information about their income, property and property obligations, as well as information about the income, property and property obligations of their spouse (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 fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, the replacement of which entails the placement of information about their income, expenses, property and obligations property, as well as information on 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 on June 2, 2014 No. 385).

11. 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 fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, military personnel, federal state civil servants of information about income, about property and liabilities of a property nature and employees of information on income, expenses, property and liabilities of a property nature (Order of the Minister of Defense of the Russian Federation dated June 26, 2013 No. 478).

12. Order on the composition, procedure for the activities of the attestation commission, when considering issues of corruption offenses.

13. Cases for storing materials related to the work of the attestation commission when considering issues of corruption offenses.

14. A stand reflecting topical issues of prevention of corruption offenses (local regulations, the work of the attestation commission, reports in the media about the facts of corrupt behavior of military personnel, and others).

* Hereinafter in the text of these Guidelines, 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 administration bodies, commanders of formations, commanders of formations and military units, chiefs (heads) of organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, military commissars.

* Any situation in official activity 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 of June 23, 2014 No. 460 “On approval of the form of a certificate of income, expenses, property and property-related obligations and amendments to certain acts of the President of the Russian Federation” (effective from January 1, 2015) .

* Corruption risks - conditions and circumstances that provide an opportunity for actions (inaction) of persons replacing positions in the military service, federal public service in the Ministry of Defense of the Russian Federation and positions in organizations created to fulfill the tasks assigned to the Ministry of Defense of the Russian Federation, for the purpose of illegal benefit from the performance of their duties.

1. Implementation of supervision over 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 installations for military purposes.

2.Organization and conduct of audits of compliance with the requirements for nuclear and radiation safety.

3.Issuance of permits for the performance of works specified in the List of Nuclear and Radiation Hazardous Works.

4.Issuance of orders to eliminate identified violations of the requirements for nuclear and radiation safety, control over 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 the execution of a decision to assess the fulfillment of requirements for physical protection at nuclear facilities.

7. Participation in conducting examinations and investigations aimed at establishing a causal relationship between the identified violations of physical protection requirements and the facts of causing harm.

8. Inspection checks in the commissions of the Ministry of Defense.

9. Development of proposals for the formation of the state defense order, comprehensive targeted programs, projects state program weapons according to the fixed 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 nomenclature 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 nomenclature of the Twelfth Main Directorate, testing of individual types of weapons and means, their operation.

12. Realizations international treaties for the implementation of contracts for the supply of equipment.

13. Formation of a personnel reserve for work in an international organization under the Comprehensive Nuclear-Test-Ban Treaty.

14. Organization of control over the quality of development, manufacture and disposal of weapons, military and special equipment of the nomenclature of the Twelfth Main Directorate.

15. Control over the implementation of capital construction and repair of facilities of the Twelfth Main Directorate.

16. Development and approval of proposals for the draft state armaments program, the mobilization plan of the economy in terms of procurement and repair of weapons, military and special equipment and military equipment.

17. Approval of draft states, lists of changes and tables to the states.

18. Control over the organization of internal, garrison and guard services.

19. Control over the implementation of departmental targeted programs.

20. Coordination of draft legal acts and other official documents.

21. Carrying out inspections of the state of security of military service, investigations into the facts of incidents committed by military personnel, analysis of the causes and circumstances of death and injury of personnel during various types military professional activity.

22. Control over the activities of commissions for the security of military service, the organization and state of recording information about crimes and incidents, the state of the educational and material base.

23. Holding a competition for the best military unit (military educational institution of higher vocational education Ministry of Defense) to create and ensure safe conditions for military service, to organize the protection of facilities using guard dogs.

Consideration of submissions 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, military training faculties (military departments) at federal state budgetary educational organizations of higher education, programs and curricula for training specialists of bodies for work with personnel.

2. Coordination of draft legal acts and other official documents.

3.Organization of priority complex research work, scientific research in the field of humanities and socio-economic sciences, military sociological research.

4. Implementation of state programs of 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 norms for subscription to periodicals; preparation of proposals for the publication of teaching aids on the problems of working with personnel and military history.

6.Organization of material and technical support of psychological work.

7. Preparation of calculations of standard costs for the provision (performance) of public services (works) and standard costs for the maintenance of federal property public institutions culture.

8.Selection of candidates for appointment to full-time positions for work with religious servicemen.

9. Planning for the provision and maintenance of operational records of technical means for military districts (navies), central military control bodies attached to the centralized supply to the Main Directorate for Work with Personnel of the Armed Forces.

10. Preparation of proposals for the state armament program and the state defense order according to the nomenclature of the Main Directorate for Work with Personnel of the Armed Forces.

11. Implementation of the functions of the state customer of the state defense order, except for the functions related to the placement of orders, the conclusion of the fixed nomenclature of weapons, military, special equipment and materiel of the Main Directorate for Work with Personnel of the Armed Forces, which fall 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 monetary allowances to military personnel, wages civilian personnel, as well as the establishment of other payments, cash bonuses and compensations.

IV. In the bodies of military administration, subordinate

Deputy Minister of Defense of the Russian Federation -

Head of the Office of the Minister of Defense of the Russian Federation

1. Organization of conducting and conducting inspections of federal executive bodies subordinate to the Ministry of Defense, central bodies of military control, including on issues of implementation of federal targeted 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 the central bodies of military control, control over their implementation.

3. Coordination of draft documents to eliminate violations and shortcomings indicated in letters (representations, instructions) of regulatory authorities.

4. Participation in solving personnel issues for senior officials of the central bodies of the military administration of the Ministry of Defense.

4. Implementation of the placement of state orders for the supply of goods, performance of work, provision of services for the needs of the Armed Forces at the request of the structural divisions of the Ministry of Defense in a centralized procurement, including for troops (forces) stationed outside the territory of the Russian Federation.

5. Coordination of placing an order with a single supplier (executor, contractor).

6.Organization and holding of auctions for the sale of released movable and immovable military property.

VII. In the bodies of military administration, subordinate

(Army General Bulgakov Dmitry Vitalievich)

1. Formation of the 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, a mobilization plan for the economy.

2. Control over the readiness of transport organizations to carry out mobilization buildings.

3. Presentation of proposals for the forecast of receipt of federal budget revenues from the provision of services by vessels of the auxiliary fleet.

4. Preparation of proposals for the creation, reorganization and liquidation of organizations of the Armed Forces, military training faculties and military departments, military training centers under federal state educational institutions higher professional education, participation in commissions to control the compliance of the level of training of graduates of military educational institutions with the established requirements.

5. Carrying out checks on the organization and planning of the development of the system of military rail, air, sea, river and road transportation, as well as motor transport and road support of the Armed Forces.

6. Preparation of proposals on the use of federal budget funds allocated for the purchase, operation, storage, repair and modernization, organization of supplies, maintenance and disposal of road equipment, as well as on the distribution of budgetary appropriations to administrators (recipients) budget funds allocated for transportation costs and road support of the Armed Forces, the provision of services for public 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 for conducting state tests of new (modernized) samples of road equipment.

9. Organization of work on the formation of state orders for supplies material assets(works, services) according to the fixed nomenclature of road construction equipment, maintenance, repair, overhaul and reconstruction of roads, as well as non-public roads of the Ministry of Defense for the needs of the Armed Forces.

10. Conclusion and control over the execution of state contracts for the supply of material assets (works, services) according to the fixed nomenclature 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 armaments program in terms of research and development, procurement, supply, operation, repair, modernization and disposal of armored weapons and equipment, military vehicles.

13. Coordination of draft decisions on the choice of base chassis for the installation of weapons, military and special equipment of the types (arms, troops) of the Armed Forces.

14. State metrological supervision in the implementation of activities in the field of defense and security.

15. Organization of work on the formation of state orders for the supply of material assets (work performed, services rendered) according to the fixed nomenclature.

16. Preparation of tender documentation for the placement of a state order for the supply of material assets (work performed, services rendered) according to the fixed nomenclature for the needs of the Armed Forces, as well as control over the execution of resource and operational state contracts for the supply of material assets (performance of work, provision of services).

17. Preparation of draft supplementary agreements to resource and operational state contracts, as well as agreements on termination of resource and operational state contracts.

18. Provision of military administration bodies, military units and organizations of the Armed Forces with furniture, inventory, as well as emergency property and equipment.

VIII. In the bodies of military administration, subordinate

Deputy Minister of Defense of the Russian Federation

(Tsalikov Ruslan Khadzhismelovich)

1. Realization of the released property of the Armed Forces in order to involve it in civil circulation.

2. Implementation of control and analysis of management, disposal, use for the intended purpose and safety of the property of the Armed Forces by enterprises and institutions (both on the territory of the Russian Federation and abroad).

3. Representing the interests of the Ministry of Defense in courts of general jurisdiction, arbitration courts, arbitration courts in disputes relating to rights to real estate (including land and forest plots), corporate disputes, disputes on 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 on the territory of the Russian Federation and abroad).

6. Implementation of measures to secure or terminate the right of operational management or economic management of movable and immovable property for institutions, enterprises under the jurisdiction of the Ministry of Defense.

7. Implementation of measures to identify and seize 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 the adoption of appropriate decisions on the further use of property.

9. Organization of deregistration of property of the Armed Forces (except for air and sea vessels, inland navigation vessels, space objects).

10. Determining the terms of contracts for organizing the evaluation of the released movable and immovable property of the Armed Forces (except for weapons and ammunition).

11. Exercise of powers in relation to lands, forests, waters and other natural resources provided for use by the Armed Forces.

12. Control over the implementation of investment contracts.

13. Issuance of tasks to institutions for the conclusion of 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 (including forested) plots 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, conclude sales contracts based on the results, register the buyer's ownership of the acquired property.

16. Summarizing information about the forecast receipts from privatization and the use of property of the Armed Forces, as well as about 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 law contracts related to the sale of the released movable and immovable property of the Armed Forces (except for weapons and ammunition).

18. Approval of indicators of economic efficiency 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 formed in the process of exercising the powers of the owner of the property of the Armed Forces, 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 formations and military camps.

22. Implementation of activities within the framework of withdrawal, including through buyouts land plots for state needs related to the deployment of defense facilities, including notification of owners and other right holders about procedures related to the withdrawal of state registration, registration of a decision to withdraw, settlement of relations, preparation and conclusion of agreements with owners and other right holders.

23. Implementation of work on the recognition of military personnel and members of their families, citizens discharged from military service, and members of their families in need of housing and providing them with housing provided under social employment contracts.

24. Organization of registration of military personnel, persons civilian personnel of 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 settlement and release of residential premises.

26. Legal examination of draft tender documentation, auction documentation, notices on the request for quotations, government contracts (contracts) and additional agreements to them, prepared when placing orders for government needs on behalf of the Ministry of Defense.

27. Legal expertise 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 courts.

28. Preparation and submission of claims to suppliers (executors, contractors) in case of violation of the terms of state contracts for the supply of goods, the provision of services, the performance of work for state needs, agreements on the collection of penalties (fines, penalties).

29. Preparation of procedural documents of court proceedings, conducting lawsuits, participation in courts.

30. Implementation of control over the course of enforcement proceedings.

31. Organization of work of regional divisions of departments legal support Ministries of Defense and control of their activities.

32. formation of a state order according to the fixed nomenclature of the Main Military Medical Directorate of the Ministry of Defense for the needs of the Armed Forces, in terms of substantiating the initial (maximum) price of the state contract and sending it for approval to the military administration bodies, whose functions include examination of the initial (maximum) government contract prices.

33. Implementation of state construction supervision during the construction, reconstruction of defense and security facilities that are objects of the military infrastructure of the Armed Forces.

34. State examination of project 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 expenses of budget allocations for insurance.

5. Participation in pre-trial settlement of disputes arising from the execution of state contracts (contracts) in the field of insurance.

X. In a military command and control body subordinate to the Assistant to the Minister of Defense of the Russian Federation - Head of the Main Directorate for Control and Supervisory Activities of the Ministry of Defense of the Russian Federation

1. Implementation of state construction supervision during the construction, 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 objects of state technical supervision.

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) that are part of the Forces, and troops that are not included in the types and types of troops of the Armed Forces, their performance measures provided for by the plans for the training of troops (forces), together with the interested bodies of military command, control
inspections on other issues, including monitoring the implementation of measures to form military command and control bodies, formations and military units formed during the transfer of the Armed Forces from civilian to civilian war time and in wartime.

5. Implementation of control over the implementation in the Armed Forces of the state policy in the field of defense, the practice of applying in the troops (forces) the relevant regulatory legal acts and other official documents, over the implementation of the plan for the development of the Armed Forces.

6. Coordination of the activities of the central bodies of military command in the preparation and conduct of inspections of the joint strategic commands, troops (forces) that are part of the military districts, types and branches of the Armed Forces, and troops that are not included in the types and types of troops of the Armed Forces.

By joining this Agreement and leaving your data on the Site site (hereinafter referred to as the Site), by filling in the fields of the feedback form, the User:

Confirms that all the data indicated by him belongs personally to him;

Confirms and acknowledges that he has carefully read the Agreement and the conditions for processing his personal data indicated by him in the fields of the form (registration), the text of the agreement and the conditions for processing personal data are clear to him;

Gives consent to the processing by the Site of the personal data provided as part of the information in order to conclude this Agreement between it and the Site, as well as its subsequent execution;

Expresses consent to the terms of personal data processing.

The owner of the website is the Foundation for Advanced Study OGRN: 1127799026596 125047, address: Moscow, Miusskaya Square, 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 paragraph 3 of part 1 of 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 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 a simple written form for the processing of the following personal data:

Surname, name, patronymic;

Places of stay (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 within 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 that ensure the protection of personal data from unauthorized access.

This consent is valid indefinitely from the moment the data is provided and can be revoked 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 an appropriate order in a simple written form to the e-mail address (E-mail) [email protected] website

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 by all possible means.

The site has the right to make changes to this Agreement. When making changes in the current version, the date of the last update is indicated. The new version of the Agreement comes into force from the moment of its placement, unless otherwise provided by the new version of the Agreement.

The current version of the Agreement is located on the page at: site

This Agreement and the relationship between the user and the Site arising in connection with the application of the Agreement shall be governed by 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 Study, PSRN: 1127799026596 125047, address: Moscow, Miusskaya Square, 3, 125047 (hereinafter referred to as the Operator ).

The operator sets as its most important goal and condition for the implementation of its activities the observance of the rights and freedoms of man and citizen in the processing of his personal data, including the protection of the rights to inviolability 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 receive 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 suspension of the processing of personal data (unless the processing is necessary to clarify personal data);

Website - a set 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;

Information system of personal data - a set of personal data contained in databases and providing 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 by a specific User or other subject of personal data;

Processing of personal data - any action (operation) or a set of actions (operations) performed with or without the use of automation tools 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;

Operator - state body, municipal authority, a legal or natural person, independently or jointly with other persons organizing and (or) carrying 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 identifiable 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 circle of persons (transfer of personal data) or familiarizing with personal data of an unlimited number of persons, including the disclosure of personal data in the media, placement 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 foreign legal entity;

Destruction of personal data - any actions as a result of which personal data are destroyed irretrievably with the impossibility of further restoration of the content of personal data in the information system of personal data and (or) as a result of which material carriers 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 anonymous data about visitors (including cookies) using Internet statistics services (Yandex Metrika and Google Analytics and others).

4. Purposes of personal data processing

The purpose of processing the User's personal data is the conclusion, execution and termination of civil law contracts; processing citizens' applications.

Impersonal data of Users collected using Internet statistics services are used to collect information about the actions of Users on the site, improve the quality of the site and its content.

5. Legal grounds for the processing of personal data

The Operator processes the User's personal data only if they are filled in and / or sent by the User independently through special forms located on the website http: // site. By filling out the relevant forms and / or sending their personal data to the Operator, the User expresses his consent to this Policy.

The Operator processes anonymized data about the User if it is allowed in the User's browser settings (saving cookies and using JavaScript technology is 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 through the implementation of legal, organizational and technical measures necessary to fully comply with the requirements of the 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 applicable law.

In case of detection of inaccuracies in personal data, the User can update them independently by sending a notification to the Operator to the Operator’s e-mail address [email protected] website marked "Updating personal data".

The term for processing personal data is unlimited. The User may at any time revoke his consent to the processing of personal data by sending a notification to the Operator by e-mail to the Operator's email address. [email protected] website marked "Withdrawal of consent to the processing of personal data".

7. Cross-border transfer of personal data

Before the start of the cross-border transfer of personal data, the operator is obliged to make sure that the foreign state to whose territory the transfer of personal data is supposed to be carried out provides reliable protection of the rights of subjects of personal data.

Cross-border transfer of personal data on the territory of foreign states that do not meet the above requirements can be carried out only if there is a 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 get any clarifications on issues of interest regarding the processing of his personal data by contacting the Operator via e-mail [email protected] website.

This document will reflect any changes in the policy of processing personal data by the Operator. The policy is valid indefinitely until it is replaced by a new version.

The current version of the Policy in the public domain is located on the Internet at https: // site.

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