23.07.09

President Dmitry Medvedev has signed the Federal Law "On Anti-Corruption Examination of Regulatory Acts and their Drafts" adopted by the State Duma on July 3, 2009 and Approved by the Federation Council on July 7, 2009.

Now people will be able to carry out "independent examination of regulatory acts" on their own, and its results will be advisory for authorities. However the Justice Ministry and the prosecutor's office will play the main role in this process.

Such examinations are carried out now. Legislative initiatives are checked for corruption-related provisions by the Duma and the Public Chamber, while the prosecutor's office ensures that regulatory acts drafted in Moscow and regions comply with the law. However "often regulatory acts adopted by authorities and local self-government bodies contain provisions that formally do not contradict legislation but give civil and municipal servants broad discretionary powers without a precise decision-making criteria".

The president suggested carrying out anti-corruption legislation using a special methodology to be determined by the government.

Preventive policy to eliminate so-called regulatory causes of corruption should become an important aspect of the government's work, presidential chief of staff Sergei Naryshkin said earlier.

"Regulatory acts, unjustifiably broad distribution powers without clear decision-making criteria and a clear-cut system of responsibility and control can create conditions for bribery and embezzlement," he said.

"We consider anti-corruption examination of regulatory acts and their drafts as an internationally tested and effective method of preventing conditions for corruption," Naryshkin said.

In 2008, prosecutors exposed 12,500 regulatory acts adopted by federal, regional and municipal authorities that contained different corruption provisions. Almost 11,000 of them were found in local regulatory acts.

Over 30 percent of corruption provisions were contained in acts regulating relations in the budget sector and in the field of purchases for governmental and municipal needs, 14 percent in acts concerning healthcare and social development, 8 percent in acts supporting small business, and as many in the use and distribution of land.

The purpose of anti-corruption examination is "not only to eliminate corruption provisions from regulatory acts but also sieve all effective regulatory and normative acts at the municipal, regional and federal levels", Naryshkin said, adding, "The first steps have already been taken".

The federal government has approved and uses rules and methodologies for carrying out anti-corruption examination, created expert groups in the government staff, the presidential administration, government agencies and regions.

Naryshkin said it is obvious that anti-corruption examination will be more effective if it involves the general public, law experts and civil society institutions.

To this end, the Justice Ministry has started accrediting independent public inspectors for participation in anti-corruption examination.

"Big and complex work, not for a year or two" is in store, the official said, adding, "Its results will not be visible at once, but they will be."

Presidential draft laws submitted to the State Duma say that anti-corruption examination can be carried out by a prosecutor's office, the Justice Ministry, organisations and officials. The government will determine the methodology for such examinations.

Prosecutors will be authorised to test regulatory acts concerning the rights, freedoms and duties of citizens or federal and municipal property, budget, tax, customs, forestry, water, land, town-planning, environmental, and licensing legislation.

The Justice Ministry will examine presidential decrees and government resolutions drafted by federal executive agencies.

Organisations and their officials will examine their own regulatory acts or their drafts during due diligence or application. They will be required to inform prosecutor's office if corruption factors are exposed and their elimination is outside their jurisdiction.

The presidential amendments to legislation also say that civil society institutions and individuals will be able to carry out independent anti-corruption examination of regulatory acts at their own expense. In this case, the conclusions will be advisory in nature and will have to be considered by the relevant agency, organisation or official within 30 days of their receipt.

According to the draft law "On the Suppression of Corruption" passed by the State Duma, corruption is defined as "abuse of office, bribe giving or bribe taking, commercial bribery, or unlawful use of office against the interests of society and the state for the purpose of deriving a profit in the form of money, valuable items, property-related services for oneself or third parties, or any other unlawful provision of such benefit".

The draft law suggests a number of anti-corruption measures. Preventive measures includes the promotion of "intolerance to corrupt behaviour, including by way of propaganda", anti-corruption examination of legislation, the development of a system of measures to encourage bona fide behaviour, and the introduction of a system of bans, restrictions and permits aimed at preventing corruption.

For example, a government official will be required to report his income and property, as well as the incomes and property of his family members - spouse and underage children.

Government officials are not allowed to accept presents the value of which exceeds 3,000 roubles. If the value is bigger, it will automatically be deemed to be federal property and the present has to be transferred to the organisation where such official works.

Penalties for corrupt actions by senior officials of organisations will be doubled.

Civil servants will be able to accept job offers from commercial and non-profit organisations within two years of their resignation/dismissal from civil service only with the consent of a special commission.

Civil servants will also be required to report attempts to force them to engage in corrupt activities.

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Source: Itar-Tass