New Anti-corruption Rules.

15.12.2011

Legal Update No. 301

Goltsblat BLP advises that Federal Law No. 329-FZ of 3 December 2011 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Improving Federal Anti-Corruption Regulations”  has been adopted and will come into effect on 3 December 2011 (apart from its tax secrecy provisions which will take effect from 22 December 2011).

The Law amends the Federal Laws “On the Prosecuting Authorities of the Russian Federation”, “On Officers of the Customs Authorities of the Russian Federation”, “On Military Obligations and Military Service”  and the Provision on service in the Internal Affairs Bodies of the Russian Federation stipulating that officers of relevant agencies might be penalised (or even dismissed as a result of loss of trust) for violating the anti-corruption legislation  and, particularly, for failure to take steps aimed at preventing and/or settling conflict-of-interest cases or to provide information regarding the officer's or his/her relatives' income,  for participating, for a fee, in operations of any management body of any commercial organisation, for engaging in entrepreneurial activities and for joining management bodies of foreign not-for-profit organisations.

The Federal Law “On Combating Corruption” is supplemented with a number of articles imposing certain obligations on federal officers and, for the purposes of enforcing the Law, extending this definition to employees occupying certain positions created in various organisations for fulfilling the tasks, set before federal state authorities.

Among other restrictions the law requires that state officers do not combine their duties with any other job or entrepreneurial activity or engage in any paid business other than tutorial, art or scientific activities, or receive, in any other manner, any fees or gifts from any individuals or companies in connection with the fulfilment of their duties as state officers.

Furthermore, the Law stipulates that if occupation by any state officer of any position in state or municipal bodies, or funds or agencies created by the government of the Russian Federation might lead to a conflict of interest as a result of the state officer holding securities, shares (ownership interest, participation units,  etc.)  in any companies, he or she must transfer this property into trust management.

Moreover, the Law has amended the law “On the Investigative Committee of the Russian Federation” by entitling  the Committee to adopt regulations on aspects falling within its terms of reference.

A number of other laws have also been amended and supplemented with anti-corruption provisions.

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