Unofficial translation
In order to ensure implementation of Federal Law №273-ФЗ of 25 December 2008 ”On Countering Corruption“ (hereinafter the Federal Law ”On Countering Corruption“) and the National Anti-Corruption Strategy:
1. The Government of the Russian Federation and the Presidium of the Council of the President of the Russian Federation for Countering Corruption, within their terms of reference, should:
а) take measures in 2010 to ensure efficient operation of commissions charged with supervising the official activities of civil servants of the Russian Federation and overcoming conflicts of interests, while making it possible for the commissions to include representatives of public veteran organizations and public councils established under federal executive bodies in accordance with Federal Law №32-ФЗ of 4 April 2005 ”On the Public Chamber of the Russian Federation“, Article 20, part 2, as well as officials from the Presidential Civil Service and Personnel Directorate and the Office of the Government of the Russian Federation;
b) hold meetings with heads of personnel departments of federal executive bodies and heads of these bodies’ departments charged with preventing corruption and other violations of the law to address the issues of ensuring implementation of the Federal Law ”On Countering Corruption“, relevant Decrees of the President of the Russian Federation and this National Plan;
c) take concerted efforts to retrain and improve skills of federal civil servants, whose official responsibilities include participation in countering corruption, in accordance with the programme agreed upon with the Presidential Civil Service and Personnel Directorate;
d) ensure formulation of guidelines on countering corruption.
2. The Government of the Russian Federation should:
a) provide for further funding of the activities aimed at:
development and use of the innovative technologies that enhance objectivity and transparency in adoption of legislative (legal acts) of the Russian Federation, municipal legal acts and management decisions, and ensure interdepartmental electronic communication of the federal public authorities, other public authorities, public authorities of the constituents of the Russian Federation, local governments and electronic communication of the aforementioned authorities with the individuals and organizations within the framework of provision of public services;
establishment of multifunctional centers to provide public and municipal services to individuals and organizations;
publication of the decisions of arbitration courts and courts of general jurisdiction on appropriate websites;
rendering public support for production, distribution and replication of television and radio programs for legal education;
retraining and improving skills of the federal civil servants, whose professional responsibilities include participation in anti-corruption activities, as well as in preparation of the guidelines on anti-corruption issues;
b) adopt measures aimed at:
improvement of higher legal education and postgraduate legal education focusing on the development of federal public educational standards for higher professional education, expediency of implementing programs for higher and postgraduate professional legal education in non-core universities and further optimization of the number of dissertation councils;
implementation of a notification procedure for starting business activities, applicable to all activities together with elaboration of a comprehensive list of all activities, which are not covered by that procedure;
improvement of regulatory and licensing functions of the federal executive bodies and optimization of public services provided by them;
implementation of the job rotation mechanism for the public civil servants;
c) organize public opinion surveys in different regions of the country and among different social strata to assess the level of corruption in the Russian Federation and the efficiency of the anti-corruption measures being undertaken;
d) develop and implement activities aimed at:
improving the mechanism for establishing, operating and dissolving legal entities;
improving the operation of joint stock companies’ management bodies;
deleting the provisions in the statutes of the economic entities, which duplicate the mandatory rules of law;
reducing the amount of information to be included in the statutory documents of the organizations in order to simplify the procedure of making amendments thereto;
providing for due protection of liability rights of participants in corporate relations;
enhancing responsibility of members of management bodies of commercial and non-profit organizations for the losses incurred by these organizations or their shareholders or members as a result of wrongful acts of the said persons in the context of a conflict of interests;
ensuring the credibility of data contained in the unified public register of legal entities;
improving the financial accounting and reporting system of public companies in accordance with international standards;
improving the assessment activities;
e) ensure monitoring of activities of self-regulatory organizations;
f) in cooperation with the Accounting Chamber of the Russian Federation:
adopt measures to strengthen public control over the utilization of federal budget allocations, budgets of the constituents of the Russian Federation and local budgets;
define indicators for evaluating the efficiency of the implementation of the anticorruption programs;
ensure systematic control over the efficient utilization of federal budget funds allocated for the anti-corruption activities;
g) define indicators to evaluate the efficiency of managing the property under state and municipal ownership; separate powers between the federal public authorities, the public authorities of the constituents of theRussian Federation and the local authorities in managing such property; introduce administrative responsibility of the officials of the said authorities for the violation of the Russian Federation's laws on managing the property under state or municipal ownership.
3. The Chief of Staff of the Presidential Executive Office of the Russian Federation, the Chairman of the Presidium of the Council under the President of the Russian Federation for Countering Corruption should:
a) make sure that the following issues be considered at the meetings of the Council under the President of the Russian Federation for Countering Corruption:
the anticorruption activities of the bodies of judicial community and the Justice Department under the Supreme Court of the Russian Federation;
the program to ensure more efficient use of allocations from the federal budget;
the anticorruption activities of the public authorities of the constituents of the Russian Federation that are part of the Far Eastern Federal District;
the work of public authorities of the constituents of the Russian Federation that are part of the Siberian Federal District to arrange anticorruption work within the local authorities;
development of anticorruption regulatory and legal framework in the constituents of the Russian Federation and municipal entities;
legal support for anticorruption activities within the framework of municipal service;
measures to implement the provisions of the United Nations Convention against Corruption in the Russian Federation;
arrangement of training of federal public servants whose official functions include participation in the anticorruption activities;
anticorruption activities of the Federal Service for State Registration, Cadastral Records and Cartography;
introduction of monitoring of law enforcement practices in the Russian Federation;
efforts aimed at promoting intolerance to corruption in society;
participation of the Russian Federation in international anticorruption activities;
the work of personnel departments of federal executive authorities, other public structures aimed at prevention of corruption-related and other violations of law, and measures to improve such work;
measures to remove factors conducive to corruption crimes most frequently encountered by citizens (domestic corruption);
b) ensure:
preparation of draft acts of the President of the Russian Federation and the Executive Office of the President of the Russian Federation that are aimed at implementation of the Federal Law “On Countering Corruption” and other anticorruption regulatory legal acts of the Russian Federation, that define the procedure of interaction between the Civil Service and Personnel Directorateof the President of the Russian Federation and personnel departments of the federal executive authorities, other state structures during inspections envisaged by Decrees of the President of the Russian Federation of 21 September 2009 № 1065 and of 21September 2009 №1066;
operation of the official website of the Executive Office of the President of the Russian Federation in accordance with Federal Law of 9 February 2009 № 8-ФЗ “On ensuring access to the information on the activities of public authorities and agencies of local self-government” to publish, in particular, information on income, property and material obligations of persons occupying public positions of the Russian Federation and federal public service positions in the Executive Office of the President of the Russian Federation in accordance with the Decree of the President of the Russian Federation of 18May 2009 №561; to publish anticorruption federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation and the Executive Office of the President Russian Federation for the personnel of the Executive Office of the President of the Russian Federation; information on the work of the Executive Office of the President of the Russian Federation;
preparation of proposals to improve legislative regulation of restrictions, prohibitions and duties related to occupation of public positions in the Russian Federation, including positions of chief executives officers (heads of supreme executive public authorities) of the constituents of the Russian Federation, public positions of the constituents of the Russian Federation and municipal positions;
c) ensure control over implementation of this National Plan and annual submission of a report on its implementation and proposals on the improvement of anticorruption activities to the Chairman of the Council under the President of the Russian Federation for Countering Corruption.
4. The Prosecutor General of the Russian Federation should:
a) pay special attention to prevention and combating of corruption in an annual report on the status of the rule of law and law and order in the Russian Federation and on the efforts undertaken to strengthen them submitted to the Chambers of the Federal Assembly of the Russian Federation and the President of the Russian Federation in accordance with Article12 of the Federal Law “On the Prosecutor Office of the Russian Federation”;
b) make sure that the issue of the work on supervision of implementation of the anticorruption legislation of the Russian Federation by prosecutors of the constituents of the Russian Federation be considered. By 1November 2010 a report should be submitted to the Presidium of the Council under the President of the Russian Federation for Countering Corruption on the results of consideration of this issue and measures taken to improve this work;
с) inform the Presidium of the Council under the President of the Russian Federation for Countering Corruption on the results of the work to counter corruption crimes undertaken by internal affairs agencies of the Russian Federation, federal security bodies and other law enforcement bodies every six months;
d) review organization of anticorruption examination of regulatory legal acts by the prosecution officers of the Russian Federation and take relevant measures on its improvement, if necessary. By 1September 2011 the results of this work and proposals on enhancing its efficiency should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption;
5. The Prosecutor General of the Russian Federation and his subordinate prosecutors should:
a) take measures to improve the organization of supervision over implementation of the legislation of the Russian Federation by the operative and search bodies, interrogative bodies and preliminary investigation bodies in relation to the initiation, investigation and termination of criminal cases on corruption offences. The measures taken should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 October 2011;
b) strengthen supervision over:
implementation of the laws of the Russian Federation governing the use of public property and procurement of goods, works and services for public and municipal needs;
implementation by heads of federal public authorities, public authorities of the constituents of the Russian Federation, heads of municipalities of the laws of the Russian Federation on the prevention and settlement of conflicts of interests in the framework of the public service;
implementation of the laws of the Russian Federation on the organization and carrying out of audits of legal entities, individual entrepreneurs by the bodies authorized to exercise state control (supervision), municipal control;
c) report the results of the implementation of subparagraph (b) above to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 September 2011;
d) take measures to improve the work of coordination meetings provided for by Article 8 of the Federal Law ”On the Prosecutor's Office of the Russia Federation“. The measures taken should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 August 2011.
6. The Prosecutor General's Office of the Russian Federation should:
a) together with the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Justice of the Russian Federation, the Federal Security Service of the Russian Federation review the application of civil legislation of the Russian Federation concerning the return to the Russian Federation of the property obtained from crime in the territory of the Russian Federation and removed from it. The results of the work and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 September 2011;
b) together with the Ministry of Justice of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Finance of the Russian Federation and other interested federal executive bodies consider whether it is appropriate for the Russian Federation to take part in the stolen asset recovery initiative put forward by the World Bank and the United Nations Office on Drugs and Crime. The results of the consideration and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 December 2010;
c) together with the interested federal executive authorities review the practice of enforcement of:
civil and administrative legislation of the Russian Federation concerning the liability of legal entities, on behalf or in the interests of which the corruption crimes are committed;
legislation of the Russian Federation concerning the responsibility for bribery of foreign public officials in international business transactions;
d) report the results of the implementation of sub-paragraph(c) above to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 November 2011.
7. The Prosecutor General's Office of the Russian Federation, the Ministry of the Interior of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Justice of the Russian Federation, the Federal Security Service of the Russian Federation, together with scientific communities, should carry out in 2010 research and practical conferences and workshops to commemorate the 10th anniversary of the United Nations Convention against Transnational Organized Crime and review the implementation by the Russian Federation of the provisions of that Convention and their application. The results of the implementation of this paragraph should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 February 2011.
8. The Ministry of Justice of the Russian Federation should:
a) submit to the Presidium of the Council under the President of the Russian Federation for Countering Corruption a proposal on whether it is appropriate to introduce an institution of lobbyism in the Russian Federation by 1 October 2010;
b) prepare together with the Prosecutor General's Office of the Russian Federation, federal executive authorities, research organizations and other institutions of civil society and by 1 December 2010 submit to the President of the Russian Federation proposals on institutional and legal frameworks for monitoring the law-enforcement practices with a view to ensuring the timely:
implementation of rulings of the Constitutional Court of the Russian Federation and the European Court of Human Rights, which require adoption of federal laws and other regulations of the Russian Federation;
adoption, in cases provided for by federal laws, of acts of the President of the Russian Federation, the Government of the Russian Federation, federal executive authorities, other public authorities, public authorities of the constituents of the Russian Federation and municipal regulations;
adoption, in cases provided for by acts of the President of the Russian Federation, of acts of the Government of the Russian Federation, federal executive authorities, other public authorities, public authorities of constituents of the Russian Federation and municipal regulations;
c) summarize the practice of organization of anti-corruption examination of regulations and draft regulations, as well as the practice of monitoring of law-enforcement activities. The results of the work and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 November 2011;
d) organize together with the Ministry of Foreign Affairs of the Russian Federation, the Prosecutor General's Office of the Russian Federation, involving interested federal executive authorities, other public authorities, the Chamber of Commerce and Industry of the Russian Federation, the Russian civil organization ”Association of lawyers of Russia“, public organizations of industry and entrepreneurship, under the auspices of the UN Office on Drugs and Crime:
training experts from foreign countries to implement anti-corruption activities in the Russian Federation;
an international seminar on the ”Prevention of and Fighting Corruption: International and National Experience“ in the Russian Federation;
e) report the results of the implementation of subparagraph (d) above to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 February 2011;
f) consider the development of a long-term programme to improve the efficiency of implementation of court rulings. The results of the consideration of that issue and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 March 2011;
g) together with the Ministry of Foreign Affairs of the Russian Federation, the Ministry of Economic Development of the Russian Federation and other interested federal executive authorities continue to review the conformity of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions to the legislation of the Russian Federation. The results of the work and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 April 2011;
h) take measures, together with the Court Department under the Supreme Court of the Russian Federation, to publish on the Internet, including official web-sites of Offices (Divisions) of the Court Department under the Supreme Court of the Russian Federation in the constituents of the Russian Federation, the information on the activities of magistrates. The measures taken should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 February 2011.
9. The Ministry of the Interior of the Russian Federation and the Federal Security Service of the Russian Federation should analyze the practices of protection of legal entities cooperating with the law enforcement authorities in exposing and prosecuting of corruption and in investigation of corruption-related criminal cases. The results of work and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 March 2011.
10. The Ministry of the Interior of the Russian Federation, the Federal Security Service of the Russian Federation and the Investigation Committee under the Prosecutor's Office of the Russian Federation should take steps aimed at intensifying efforts to expose and suppress corruption and investigate corruption-related criminal cases while fully observing human and civil rights and freedoms. The results of the work and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 October 2011.
11. The Ministry of Foreign Affairs of the Russian Federation should:
a) ensure, together with the relevant federal executive authorities, an active and practically meaningful participation of the Russian Federation in international anti-corruption activities;
b) ensure regular informing of international organizations engaged in countering corruption, as well as of relevant foreign authorities of the anti-corruption efforts undertaken by the Russian Federation, in particular of the provisions of the Federal Law ”On Countering Corruption“, relevant decrees of the President of the Russian Federation, the present National Plan, and other anti-corruption documents;
c) report on the implementation of activities provided for in subparagraphs (a) and (b) of this paragraph to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 October 2011;
d) to submit, by 1 June 2011, to the Presidium of the Council under the President of the Russian Federation for Countering Corruption proposals on advisability of signing the Civil Law Convention on Corruption of the Council of Europe of 4 November 1999, based on the analysis of conformity of this Convention to the legal system of the Russian Federation, as well as on the evaluation of possible implications of its signature.
12. The Ministry of Economic Development of the Russian Federation should analyze the conformity of the provisions of the United Nations Convention against Corruption, as well as other international agreements of the Russian Federation concerning government procurement, accounting, audit and financial reporting to the legislation of the Russian Federation and submit a report containing relevant proposals to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 September 2010.
13. The Ministry of Education and Science of the Russian Federation, together with the Ministry of Foreign Affairs of the Russian Federation, should review the experience of foreign states in the field of implementation of anti-corruption educational programs and submit an appropriate report to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 October 2010.
14. The Plenipotentiary Representatives of the President of the Russian Federation in the federal districts should review measures taken by public authorities of the constituents of the Russian Federation to counter corruption in the local self-government authorities, with a focus on measures to remove factors conducive to corruption-related crimes most frequently faced by citizens (“domestic corruption”). The results of the work and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 April 2011.
15. The Working Group for the preparation of proposals on measures for implementation by the Russian Federation of the provisions of the United Nations Convention against Corruption under the Presidium of the Council of the President of the Russian Federation for Countering Corruption should:
a) consider advisability and possibility of working out an institutional framework for a regional international forum that would monitor major characteristics of national anti-corruption systems. The results of consideration of that issue and relevant proposals should be reported to the Presidium of the Council under the President of the Russian Federation for Countering Corruption by 1 August 2010;
b) introduce, by 1 July 2010, to the Presidium of the Council under the President of the Russian Federation for Countering Corruption a proposal on coordination of activities of the federal executive authorities, as well as other public authorities aimed at implementation by the Russian Federation of the provisions of international anti-corruption agreements to which it is a party.