December 25, 2008
# 273-FZ
RUSSIAN FEDERATION FEDERAL LAW ON ACTIONS AGAINST CORRUPTION Adopted by the State Duma on December 19, 2008 Approved by the Federation Council on December 22, 2008 (as amended by the Federal Laws of 11.07.2011 # 200-FZ, от 21.11.2011 # 329-FZ, of 03.12.2012 # 231-FZ, от 29.12.2012 # 280-FZ) This Federal Law establishes basic principles of combating corruption, defines legal and organizational frameworks for preventing and fighting corruption and minimizing and (or) eliminating consequences of corruption offences. Article 1. Principal concepts used in this Federal Law For the purposes of this Federal Law the following principal concepts are used: 1) corruption: a) abuse of official position, bribe-giving, bribe-taking, abuse of powers, commercial bribery or other unlawful use by an individual person of his or her official status notwithstanding the legal interests of society and the State to receive a benefit in the form of money, values, other property or monetized services, other property rights for himself or herself or for third parties, or illegal provision of such a benefit to the said individual person by other individual persons; b) commitment of the acts indicated in subclause “a” of this Clause on behalf or for the benefit of a legal entity; 2) actions against corruption - activities undertaken by federal state authorities, state bodies of the constituent entities of the Russian Federation, by local self-government bodies, by civil society institutions, organizations and individual persons to the extent of their powers aimed at: a) preventing corruption, including detection and subsequent elimination of causes of corruption (prevention of corruption); b) detecting, preventing, suppressing, uncovering, and investigating corruption offences (fighting corruption); c) minimizing and (or) eliminating consequences of corruption offences. 3) regulatory legal acts of the Russian Federation: a) federal regulatory legal acts (federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of the federal state executive bodies and other federal authorities); b) laws and other regulatory legal acts of state bodies of the constituent entities of the Russian Federation;
c) municipal legal acts; (Clause 3 is introduced by the Federal Law of 21.11.2011 # 329-FZ) 4) functions of the state, municipal (administrative) management of an organization – powers of a state or municipal official to accept binding decisions in respect of human resources, organizational and technical, financial, material and technical or other issues in respect of the organization including the decisions connected with issuance of permits (licenses) for performing a particular activity and (or) separate actions of this organization, or to prepare drafts of such decisions. (Clause 4 is introduced by the Federal Law of 21.11.2011 # 329-FZ) Article 2. Legal framework for actions against corruption The legal framework for actions against corruption includes the Constitution of the Russian Federation, federal constitutional laws, generally recognized principles and rules of international law and international treaties of the Russian Federation, this Federal Law and other federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of other federal state bodies, regulatory legal acts of state bodies of the constituent entities of the Russian Federation and municipal legal acts. Article 3. Basic principles of actions against corruption Actions against corruption in the Russian Federation are based on the following main principles: 1) recognition, guaranteeing and protection of basic rights and freedoms of a human being and a citizen; 2) legality; 3) publicity and openness of activities of state authorities and local self-government bodies; 4) unavoidability of liability for corruption offences; 5) combined use of political, organizational, informational and advocacy, social and economic, legal, special and other measures; 6) priority use of measures aimed at preventing corruption; 7) cooperation between the State and civil society institutions, international organizations and individual persons. Article 4. International cooperation of the Russian Federation in the sphere of corruption fighting 1. The Russian Federation shall cooperate in the sphere of corruption fighting with foreign states, their law enforcement agencies and special services and with international organizations in accordance with international treaties of the Russian Federation and (or) on the basis of the principle of reciprocity with the aim of: 1) identifying the persons suspected of (charged with) commitment of a corruption crime, determining their location and location of other persons implicated in corruption crimes; 2) identifying the property gained as a result of committing corruption offences or serving as their instrumentalities; 3) providing in appropriate cases articles or samples of substances for investigations or forensic examinations; 4) sharing information on the issues of corruption fighting; 5) coordinating actions related to prevention of corruption and corruption fighting. 2. Foreign citizens, persons without citizenship who do not permanently reside in the Russian Federation, foreign legal entities having civil legal capacity and established in
accordance with the laws of foreign states, international organizations and their branches and representative offices (foreign organizations) that are charged with (suspected of) corruption offences committed outside the territory of the Russian Federation shall be subject to liability in accordance with Russian Federation laws in cases and in the manner stipulated by international treaties of the Russian Federation and its federal laws. Article 5. Organizational bases for actions against corruption 1. The President of the Russian Federation shall: 1) define main directions of state policy in the sphere of corruption fighting; 2) establish competences of federal state executive bodies, the activity of which he governs, in the sphere of corruption fighting. 2. The Federal Assembly of the Russian Federation shall ensure development and adoption of federal laws on the anti-corruption matters and shall control activities of executive bodies to the extent of his powers. 3. The Government of the Russian Federation shall divide functions related to actions against corruption between federal state executive bodies, the activity of which he governs. 4. Federal state bodies, state bodies of the constituent entities of the Russian Federation and local self-government bodies shall take actions to combat corruption to the extent of their powers. 4.1. Law enforcement bodies, other state authorities, local self-government bodies and their officials shall be obliged to inform the subdivisions of human resources services of the corresponding federal state authorities, of state bodies of the constituent entities of the Russian Federation and of local self-government bodies, which are engaged in prevention of corruption and other infringements of law, (officials of human resources services of the said bodies responsible for the work related to prevention of corruption and other infringements of law) of the facts of failure of the state and municipal officials to comply with restrictions and bans, with requirements to prevent or arrange a conflict of interest or of the facts of their failure to fulfill the obligations established in order to combat corruption, which became known. (Part 4.1 is introduced by the Federal Law of 21.11.2011 # 329-FZ) 5. In order to ensure coordination of the activities of federal state executive bodies, executive bodies of the Russian Federation and local self-government bodies aimed at implementing state policy in the sphere of actions corruption combating, bodies may be set up upon a decision of the President of the Russian Federation comprising representatives from federal state bodies, state bodies of the constituent entities of the Russian Federation and other persons (hereinafter referred to as - anticorruption actions coordination bodies). In order to execute decisions of the anticorruption actions coordination bodies, drafts of decrees, executive orders and instructions of the President of the Russian Federation, drafts of resolutions, executive orders and instructions of the Government of the Russian Federation, which shall be duly submitted for consideration to the President of the Russian Federation and to the Government of the Russian Federation, respectively, can be prepared, and acts (joint acts) of federal state bodies and of state bodies of the constituent entities of the Russian Federation, the representatives of which are included in the relevant anticorruption actions coordination body, can be issued. When they receive information on corruption offences, the anticorruption actions coordination bodies shall report such information to the corresponding state authorities authorized to verify such data and to accept decisions based according to results of the verification in accordance with the procedure established by law. 6. The Prosecutor General of the Russian Federation and prosecutors subordinated to him or her, to the extent of their powers, shall coordinate anti-corruption activities of internal affaires agencies of the Russian Federation, Federal Security Service bodies, customs offices of the Russian Federation and other law enforcement agencies and shall exercise other powers in the sphere of corruption combating established by federal laws.
7. The Auditing Chamber of the Russian Federation shall, to the extent of its powers, provide support for anti-corruption efforts in accordance with the Federal Law of January 11, 1995 #4-FZ On the Auditing Chamber of the Russian Federation�. Article 6. Corruption prevention measures Prevention of corruption shall be pursued through the following principal measures: 1) formation of public intolerance towards corrupt practices; 2) anti-corruption expert appraisal of legal acts and their drafts; 2.1) consideration of the issues of law enforcement practice according to the results of legally enforced decisions of courts, arbitration courts concerning recognition of the regulatory legal acts as invalid, of decisions and actions (omission) of the said bodies, organizations and their officials as illegal at least once a quarter by federal state bodies, state bodies of the constituent entities of the Russian Federation, local self-government bodies, other bodies, organizations vested with particular state or other public powers under a federal law and the purpose of this is to develop and adopt measures aimed to prevent and eliminate reasons of the found out offences; (Clause 2.1 is introduced by the Federal Law of 21.11.2011 # 329-FZ) 3) imposing qualification requirements upon the citizens pretending for the state or municipal positions and for the positions of state or municipal service according to the procedure established by law and verification of the information provided by the said citizens according to the established procedure; 4) establishing as a ground for discharge and (or) for dismissal of the person who fills the position of state or municipal service included in the list established by the regulatory legal acts of the Russian Federation from the position he or she fills or for application of other measures of legal liability in respect of him or her in case of his or her failure to provide the information or in case of provision of knowingly inaccurate or incomplete information about his or her incomes, expenses, property and property obligations as well as provision of knowingly false information about incomes, expenses, property and property obligations of his wife (her husband) and minor children; (as amended by the Federal Laws of 21.11.2011 # 329-FZ, of 03.12.2012 # 231-FZ) 5) incorporating into human resource management practices of federal state authorities, state bodies of the constituent entities of the Russian Federation, local self-government bodies, the rule, in accordance with which long meritorious and efficient performance of a state or municipal official must be taken into account when appointing him or her to a higher position, conferring of military ranks or special titles, class or diplomatic ranks or when providing rewards to the official; 6) developing institutions of public and parliamentary control over compliance with the legislation of the Russian Federation on actions against corruption. Article 7. Main directions in the activity of state authorities aimed at improving efficiency of actions against corruption Main directions in the activity of state authorities aimed at improving efficiency of actions against corruption are the following: 1) pursuance of a common state policy in the sphere of corruption combating; 2) creation of a mechanism for cooperation of law enforcement and other state authorities with public and parliamentary anti-corruption commissions and also with citizens and civil society institutions; 3) adoption of legislative, administrative, and other measures aimed to involve state and municipal officials and citizens in more active participation in anticorruption actions and to form a negative attitude towards corrupt behavior in society;
4) improvement of the system and structure of state authorities and creation of mechanisms for public control over their activities; 5) implementation of anti-corruption standards, i.e., establishment for a relevant sphere of activity of a unified system of bans, restrictions, and permits ensuring prevention of corruption in these sphere; 6) unification of rights of state and municipal officials, persons who fill the state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation, the positions of heads of municipal formations, the municipal positions and of restrictions, bans and obligations established for the said officials and persons; (Clause 6 as amended by the Federal Law of 21.11.2011 # 329-FZ) 7) provision of citizens with access to information on activities of federal state bodies, state bodies of the constituent entities of the Russian Federation and local self-government bodies; 8) assurance of independence of mass-media; 9) strict compliance with the principles of independence and noninterference of judges in judicial operations; 10) improvement of organizational arrangements for activities of law enforcement and oversight bodies against corruption; 11) improvement of procedure for state and municipal service; 12) assurance of good faith, openness, fair competition and objectivity in placing orders for supply of goods, for performance of works and for rendering of services for state or municipal needs; 13) elimination of unreasonable bans and restrictions, especially in the sphere of economic activity; 14) improvement of procedure for using state and municipal property, state and municipal resources (including when providing state and municipal aid) and procedure for transferring rights to use such property and to alienate it; 15) increase of the level of wages payable to state and municipal officials and of their social protection; 16) strengthening of international cooperation and development of effective forms of cooperation with law enforcement agencies and special services, with subdivisions of financial intelligence and with other competent bodies of foreign states and with international organizations in the sphere of corruption combating and search, seizure and repatriation of the property received as a result of corruption and located abroad; 17) strengthening of control over resolution of the issues raised in applications of citizens and legal entities; 18) delegation of some functions of state authorities to self-regulated organizations and other non-state organizations; 19) reduction in number of state and municipal officials with simultaneous hiring of qualified specialists to state and municipal service positions; 20) heightening of liability of federal state authorities, state bodies of the constituent entities of the Russian Federation and local self-government bodies and their officials for failure to take actions to eliminate reasons of corruption; 21) optimization and specification of powers of state authorities and their officials, which should be reflected in administrative regulations and job descriptions. Article 8. Provision of information about incomes, property and property obligations (as amended by the Federal Law of 03.12.2012 # 231-FZ) (as amended by the Federal Law of 21.11.2011 # 329-FZ) 1. The following persons shall be obliged to provide the information about their incomes, property and property obligations as well as bout incomes, property and property obligations of
their wives (husbands) and minor children to a representative of the hirer (employer): 1) citizens pretending to the positions of state and municipal service, which are included in the lists established by the regulatory legal acts of the Russian Federation; 1.1) citizens pretending to the positions of members of the Board of Directors of the Central Bank of the Russian Federation, the positions in the Central Bank of the Russian Federation, which are included in the lists established by the Board of the Central Bank of the Russian Federation; (Clause 1.1 is introduced by the Federal Law of 03.12.2012 # 231-FZ) 2) citizens pretending to the positions, which are included in the lists established by the regulatory legal acts of the Russian Federation, in state corporations, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in other organizations created by the Russian Federation on the basis of federal laws; 3) citizens pretending to particular positions, which are included in the lists established by the federal state authorities, on the basis of a labor contract in organizations created for execution of the objectives set to the federal state authorities; 3.1) citizens pretending to the positions of heads of state (municipal) institution; (Clause 3.1 is introduced by the Federal Law of 29.12.2012 # 280-FZ) 4) persons who fill the positions indicated in Clauses 1 – 3.1 of this Part. (as amended by the Federal Law of 29.12.2012 # 280-FZ) 2. The procedure for providing the information about incomes, property and property obligations indicated in Part 1 of this Article shall be established by federal laws, by other regulatory legal acts of the Russian Federation and by the regulatory acts of the Central Bank of the Russian Federation. (as amended by the Federal Law of 03.12.2012 # 231-FZ) 3. The information about incomes, property and property obligations provided in accordance with Part 1 of this Article shall relate to the confidential information. If this citizen does not enter the state or municipal service or does not begin the work in the Central Bank of the Russian Federation, in a state corporation, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in any other organization created by the Russian Federation on the basis of the federal law, the work in the organization created for execution of the objectives set to the federal state authorities, to the position of a head of the state (municipal) institution then he information about incomes, property and property obligations provided in accordance with Part 1 of this Article can not be further used and shall be subject to destruction. The information about incomes, property and property obligations provided in accordance with Part 1 of this Article and related in accordance with the federal law to the information constituting a state secret shall be protected in accordance with the legislation of the Russian Federation on state secrets. (as amended by the Federal Laws of 03.12.2012 # 231-FZ, of 29.12.2012 # 280-FZ) 4. It is not allowed to use the information about incomes, property and property obligations provided by a citizen, a servant or an official in accordance with Part 1 of this Article for establishment or determination of his or her solvency and of solvency of his wife (her husband) and minor children, to directly or indirectly collect donations (contributions) to foundations of public associations or of religious or other organizations and also for the benefit of individual persons. 5. The persons, who caused disclosure of the information about incomes, property and property obligations provided by a citizen, a servant or an official in accordance with Part 1 of this Article or who used this information for the purposes not stipulated by federal laws, shall bear liability in accordance with legislation of the Russian Federation. 6. The information about incomes, property and property obligations provided by the persons indicated in Clause 4 of Part 1 of this Article shall be placed in the information and telecommunication network Internet on the official web sites of the federal state authorities, state
authorities of the constituent entities of the Russian Federation, local self-government bodies, of the Central Bank of the Russian Federation, of state corporations, of the Pension Fund of the Russian Federation, of the Social Insurance Fund of the Russian Federation, of the Federal Compulsory Medical Insurance Fund, of other organizations created by the Russian Federation on the basis of the federal laws and shall be provided for publication to mass-media according to the procedure stipulated by the regulatory legal acts of the Russian Federation and by the regulatory acts of the Central Bank of the Russian Federation. (as amended by the Federal Law of 03.12.2012 # 231-FZ) 7. Verification of accuracy and completeness of the information about incomes, property and property obligations provided in accordance with Part 1 of this Article, except for the information provided by the citizens pretending for the positions of heads of the state (municipal) institutions and by the persons who fill these positions shall be carried out upon a decision of a representative of the hirer (employer) or of the person, who is vested with such powers from the representative of the hirer (employer), according to the procedure established by the President of the Russian Federation independently or by delivering a request to the federal state executive bodies authorized to perform operational and investigative activity for the information they keep about incomes, property and property obligations of the citizen or the person indicated in Part 1 of this Article, and of the wife (husband) and minor children of this citizen or person. (as amended by the Federal Laws of 03.12.2012 # 231-FZ, of 29.12.2012 # 280-FZ) 7.1. Verification of accuracy and completeness of the information about incomes, property and property obligations provided by the citizens pretending for the positions of heads of the state (municipal) institutions and by the persons who fill these positions shall be carried out upon a decision of an incorporator or of the person, who is vested with such powers from the incorporator, according to the procedure established by the regulatory legal acts of the Russian Federation. Powers to deliver requests to the prosecution agencies of the Russian Federation, to other federal state authorities, to state authorities of the constituent entities of the Russian Federation, to territorial bodies of the federal state executive bodies, to local self-government bodies, to public associations and other organizations aimed at verifying accuracy and completeness of the information about incomes, property and property obligations of the said person shall be determined by the President of the Russian Federation. (Part 7.1 is introduced by the Federal Law of 29.12.2012 # 280-FZ) 8. Failure of the citizen to provide the representative of the hirer (employer) with the information about his or her incomes, property and property obligations as well as about incomes, property and property obligations of his wife (her husband) and minor children or provision of knowingly inaccurate or incomplete information when entering the state or municipal service or beginning the work in the Central Bank of the Russian Federation, in a state corporation, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in any other organization created by the Russian Federation on the basis of the federal law, the work in the organization created for execution of the objectives set to the federal state authorities, to the position of a head of the state (municipal) institution shall be the ground to refuse the said citizen the acceptance to the state or municipal service, for the work in the Central Bank of the Russian Federation, in a state corporation, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in any other organization created by the Russian Federation on the basis of the federal law, the work in the organization created for execution of the objectives set to the federal state authorities, to the position of a head of the state (municipal) institution. (as amended by the Federal Laws of 03.12.2012 # 231-FZ, of 29.12.2012 # 280-FZ) 9. Failure of the citizen or the person indicated in Part 1 of this Article to fulfill the duty stipulated in Part 1 of this Article is the infringement of law which results in his or her discharge from the position he or she fills, in his or her dismissal from the state or municipal service or
from the work in the Central Bank of the Russian Federation, in a state corporation, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in any other organization created by the Russian Federation on the basis of the federal law, dismissal from the work in the organization created for execution of the objectives set to the federal state authorities and also in the state (municipal) institution. (as amended by the Federal Laws of 03.12.2012 # 231-FZ, of 29.12.2012 # 280-FZ) Article 8.1. Provision of information about expenses (is introduced by the Federal Law of 03.12.2012 # 231-FZ) 1. The persons who fill the positions, which are included in the lists established by the regulatory legal acts of the Russian Federation and by the regulatory acts of the Central Bank of the Russian Federation, shall be obliged to provide the information about their expenses as well as about expenses of their wives (husbands) and minor children in the cases and according to the procedure established by the Federal Law “On Control over Expenses to Incomes Compliance of the Persons, Filling the State Positions and of the Other Persons”, by other regulatory legal acts of the Russian Federation and by the regulatory acts of the Central Bank of the Russian Federation. 2. Control over compliance of expenses of the persons indicated in Part 1 of this Article and of expenses of their wives (husbands) and minor children to total income of the persons indicated in Part 1 of this Article and of their wives (husbands) for the last three years preceding the transaction shall be carried out in accordance with the procedure stipulated by this Federal Law and by the Federal Law “On Control over Expenses to Incomes Compliance of the Persons, Filling the State Positions and of the Other Persons”, by other regulatory legal acts of the Russian Federation and by the regulatory acts of the Central Bank of the Russian Federation. 3. Failure of the persons indicated in Part 1 of this Article to provide the information or provision of incomplete or inaccurate information about their expenses or failure to provide or provision of knowingly incomplete or inaccurate information about expenses of their wives (husbands) and minor children, if the provision of such information is compulsory, is the infringement of law, which results in discharge of the persons indicated in Part 1 of this Article from the position he or she fills, in dismissal according to the established procedure from the state or municipal service, from the Central Bank of the Russian Federation, from the work in a state corporation, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in any other organization created by the Russian Federation on the basis of the federal law, from the work in the organization created for execution of the objectives set to the federal state authorities. 4. The information about sources of the funds used for execution of the transaction related to acquisition of a land plot, of other real estate object, of a transport vehicle, of securities, shares (participation interests, units in authorized (share) capitals of organizations) if amount of the transaction is greater than total income of the person who fills (holds) one of the positions indicated in Part 1 of this Article and of his wife (her husband) for the last three years preceding the transaction provided in accordance with the Federal Law “On Control over Expenses to Incomes Compliance of the Persons, Filling the State Positions and of the Other Persons” shall be placed in the information and telecommunication network Internet on the official web sites of the federal state authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies, of the Central Bank of the Russian Federation, of state corporations, of the Pension Fund of the Russian Federation, of the Social Insurance Fund of the Russian Federation, of the Federal Compulsory Medical Insurance Fund, of other organizations created by the Russian Federation on the basis of the federal laws and shall be provided for publication to mass-media according to the procedure stipulated by the regulatory legal acts of
the President of the Russian Federation, by other regulatory legal acts of the Russian Federation and by the regulatory acts of the Central Bank of the Russian Federation, in compliance with the requirements to personal data protection established by legislation of the Russian Federation. Article 9. Obligation of state and municipal officials to notify of any attempts to induce them to commit corruption offences 1. A state or municipal official shall be obliged to notify a representative of the hirer (employer), the prosecution agencies or other state authorities of all attempts of any persons to induce him or her to commit corruption offences. 2. It is an official (service) duty of the state or municipal official to notify of the attempts to induce him or her to commit corruption offences, except for the cases when a verification of these facts was or is carried out. 3. Failure of the state or municipal official to fulfill the official (service) duty stipulated in Part 1 of this Article is the infringement of law, which results in his or her dismissal from the state or municipal service or in the bringing of him or her to other types of responsibility in accordance with legislation of the Russian Federation. 4. The state or municipal official who has notified the representative of the hirer (employer), the prosecution agencies or other state authorities of the attempts to induce him or her to commit corruption offences, of the commitments of corruption offences by other state or municipal officials, of failure to provide the information or of provision of knowingly inaccurate or incomplete information about incomes, property and property obligations shall be under the state protection in accordance with legislation of the Russian Federation. 5. Procedure for notification of a representative of the hirer (employer) of the attempts to induce a state or municipal official to commit corruption offences, list of the information specified in the notifications, organizational arrangements of verification of this information and procedure for registration of the notifications shall be determined by the representative of the hirer (employer). Article 10. Conflict of interest in state and municipal service 1. In this Federal Law the conflict of interest in state or municipal service means any situation where personal interest (whether direct or indirect) of a state and municipal official influences or can influence proper fulfillment by him or her of his or her official (service) duties and where a contradiction may arise between personal interests of the state and municipal official and rights and legal interests of citizens, organizations, society or the State, which can result in detriment of rights and legal interests of citizens, organizations, society or the State. 2. Personal interest of a state and municipal official, which influences or can influence proper fulfillment by him or her of his or her official (service) duties, means a possibility for the state and municipal official to gain, during the fulfillment of his or her official (service) duties, income in the form of money, values, other property or monetized services and other property rights for him or herself or for third parties. Article 11. Procedure for preventing and arranging a conflict of interest in state and municipal service 1. A state and municipal official shall be obliged to take actions to avoid any possibility of the occurrence of a conflict of interest. 2. A state and municipal official shall be obliged to send a written notice to his or her immediate superior of the occurred conflict of interest or of any possibility of its occurrence as soon as such fact becomes known to the official. 3. If it becomes known to the representative of the hirer that a state and municipal official
has personal interest which leads or may lead to a conflict of interest, then the representative shall be obliged to take actions to prevent or arrange the conflict of interest. 4. Prevention or arrangement of a conflict of interest may consist in changing the service position or official status of the state and municipal official who is a party to the conflict of interest, including his or her discharge from official (service) duties according to the established procedure and (or) in waiver of the official of the benefit that led to the occurrence of the conflict of interest. 5. Prevention or arrangement of a conflict of interest to which the state and municipal official is a party shall be carried out by removing the state and municipal official from office or the official recusing himself or herself in cases and according to the procedure prescribed by legislation of the Russian Federation. 5.1. Failure of a state and municipal official, who is a party to the conflict of interest, to accept measures aimed at preventing or arranging the conflict of interest shall be the infringement of law, which results in dismissal of the state and municipal official from the state or municipal service in accordance with legislation of the Russian Federation. (Part 5.1 is introduced by the Federal Law of 21.11.2011 # 329-FZ) 6. If a state and municipal official owns securities or shares, shares (participation interests, units in authorized (share) capitals of organizations), he/she must transfer such securities and shares (participatory interests, shares in authorized (pooled) capitals of organizations) to trust management in accordance with Russian Federation laws so as to prevent a conflict of interest. Article 11.1. Duties of officials of the Central Bank of the Russian Federation, employees who fill the positions in state corporations, in other organization created by the Russian Federation on the basis of federal laws, officers who fill particular positions on the basis of a labour contract on the organizations created for execution of the objectives set to the federal state authorities (as amended by the Federal Law of 03.12.2012 # 231-FZ) (is introduced by the Federal Law of 21.11.2011 # 329-FZ) The officials of the Central Bank of the Russian Federation, employees who fill the positions in state corporations, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in other organizations created by the Russian Federation on the basis of federal laws, officers who fill particular positions on the basis of a labour contract in the organizations created for execution of the objectives set to the federal state authorities shall be obliged in accordance with Article 9-11 of this Federal Law to notify of the attempts of any persons to commit corruption offences and to take actions aimed at preventing any possibility of occurrence of a conflict of interest according to the procedure determined by the regulatory legal acts of the federal state authorities, of the Central Bank of the Russian Federation, of state corporations, of the Pension Fund of the Russian Federation, of the Social Insurance Fund of the Russian Federation, of the Federal Compulsory Medical Insurance Fund, of other organizations created by the Russian Federation on the basis of federal laws. (as amended by the Federal Law of 03.12.2012 # 231-FZ) Article 12. Restrictions imposed on the citizen, who filled the position of state or municipal service, upon conclusion of a labour or civil-law contract (as amended by the Federal Law of 21.11.2011 # 329-FZ) 1. The citizen who filled the position of state or municipal service, which is included in the list established by the regulatory legal acts of the Russian Federation, within two years after dismissal from the state or municipal service shall be entitled under a labour contract to fill the
positions in an organization and (or) to perform works (to render services for the organization) in the organization within one month and with cost of not more than one hundred thousand rubles under a civil-law contract (civil-law contracts), if particular functions of state, municipal (administrative) management of this organization were included in official (service) duties of the state or municipal official, upon consent of the corresponding commission on compliance with requirements to state service behavior of state or municipal officials and on arrangement of a conflict of interest. (Part 1 as amended by the Federal Law of 21.11.2011 # 329-FZ) 1.1. The commission shall be obliged to consider a written application of the citizen and a consent for the filling of the position in the organization under a labour contract and (or) for the performance of works (the rendering of services for this organization) in this organization under a civil-law contract within seven days since the receipt of the said application in accordance with the procedure established by the regulatory legal acts of the Russian Federation and to notify the citizen of the accepted decision in writing within one business day and to notify him or her verbally within three business days. (Part 1.1 is introduced by the Federal Law of 21.11.2011 # 329-FZ) 2. The citizen who filled the positions of state or municipal service, the list of which shall be established by the regulatory legal acts of the Russian Federation, shall be obliged to inform the employer of the information about the last place of his or her service within two years after dismissal from the state or municipal service upon conclusion of labour or civil-law contracts. (as amended by the Federal Law of 21.11.2011 # 329-FZ) 3. Failure of the citizen who filled the positions of state or municipal service, the list of which shall be established by the regulatory legal acts of the Russian Federation, to comply with the requirement stipulated in Part 2 of this Article after dismissal from the state or municipal service shall lead to termination of the labour or civil-law contract for performance of works (rendering of services) indicated in Part 1 of this Article and concluded with the said citizen. (as amended by the Federal Law of 21.11.2011 # 329-FZ) 4. The employer upon conclusion of the labour or civil-law contract for performance of works (rendering of services) indicated in Part 1 of this Article with the citizen who filled the position of state or municipal service, the list of which shall be established by the regulatory legal acts of the Russian Federation, within two years after his or her dismissal from the state or municipal service shall be obliged to notify a representative of the hirer (employer) of the state or municipal official of conclusion of such contract within ten days at the last place of his or her service in accordance with the procedure established by the regulatory legal acts of the Russian Federation. (as amended by the Federal Law of 21.11.2011 # 329-FZ) 5. Failure of the employer to fulfill the duty stipulated in Part 4 of this Article is the infringement of law and involves liability in accordance with legislation of the Russian Federation. 6. Verification of the compliance by the citizen indicated in Part 1 of this Article with the ban to fill a position in an organization under a labour contract and (or) to perform works in this organization (to render services for this organization) under a civil-law contract (civil-law contracts) in the cases specified in federal laws, if particular functions of state management of this organization were included in official (service) duties of the state or municipal official, and of the compliance by the employer with the conditions of conclusion of the labour contract or of the compliance with the conditions of conclusion of the civil-law contract with such a citizen shall be carried out in accordance with the procedure established by the regulatory legal acts of the Russian Federation. (Part 6 is introduced by the Federal Law of 21.11.2011 # 329-FZ) Article 12.1. Restriction and duties imposed on the persons who fill the state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation,
the municipal positions (is introduced by the Federal Law of 21.11.2011 # 329-FZ) 1. The persons who fill the state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation shall not be entitled to fill other state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation, unless otherwise is established by the federal constitutional laws or by federal laws, and also the municipal positions, the positions of state or municipal service. 2. The persons who fill the municipal positions shall not be entitled to fill the state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation, other municipal positions, the positions of state or municipal service. 3. The persons who fill the state positions of the Russian Federation, for whom otherwise is not established by federal constitutional laws or by federal laws, the persons who fill the state positions of the constituent entities of the Russian Federation and the municipal positions and who exercise their powers on a permanent basis shall not be entitled: 1) to fill other positions in state bodies and local self-government bodies; 2) to perform entrepreneurial activity personally or through attorneys, to participate in management of economic entities irregardless of their organizational and legal forms; 3) to perform other paid activity except for teaching, scientific and other creative activity. And the teaching, scientific and other creative activity cannot be financed only by foreign states, international and foreign organizations, foreign citizens and persons without citizenship, unless otherwise is stipulated by international treaties of the Russian Federation, by legislation of the Russian Federation or by mutual agreements of federal state bodies and state authorities of foreign states, international or foreign organizations; 4) to act an attorney or other representative in respect of affaires of third persons in state bodies and in local self-government bodies, unless otherwise is stipulated by federal laws; 5) To use not for service purposes the information and means of material and technical, financial and informational support meant only for official activity; 6) to receive fees for publication and presentation as a person who fills the state position of the Russian Federation, the state position of a constituent entity of the Russian Federation, the position of the head of a municipal formation, the municipal position, which is filled on a permanent basis; 7) to receive remunerations (loans, monetary or other remuneration, services, reimbursement of entertainments, recreation, transport expenses), which are not stipulated by legislation of the Russian Federation, in connection with performance of official (service) duties and gifts from individual persons and legal entities. The gifts received in connection with protocol events, official business trips and with other official events shall be recognized as property according to the Russian Federation, to a constituent entity of the Russian Federation or to a municipal formation and shall be transferred under a certificate to the corresponding state or municipal body. The person who filled the state position of the Russian Federation, the state position of a constituent entity of the Russian Federation, the position of the head of a municipal formation, the municipal position, which is filled on a permanent basis, and who delivered the gift received in connection with a protocol event, an official business trip and with other official event, can repurchase it according to the procedure established by the regulatory legal acts of the Russian Federation; 8) to accept honorary and special titles, rewards and other marks of distinction (except for scientific and sport) of foreign states, international organizations, political parties, other public associations and other organizations notwithstanding the established procedure; 9) to go for official business trips outside the territory of the Russian Federation at the expense of individual persons and legal entities, except for official business trips made in accordance with legislation of the Russian Federation under agreements of state authorities of the
Russian Federations, state authorities of the constituent entities of the Russian Federation or municipal bodies with state or municipal bodies of foreign states, with international or foreign organizations; 10) to be a member of management bodies, guardianship or supervisory boards, other bodies of foreign non-commercial non-governmental organizations and of their structural subdivisions operating in the territory of the Russian Federation, unless otherwise is stipulated by international treaties of the Russian Federation, by legislation of the Russian Federation or by mutual agreements of federal state bodies with state authorities of foreign states, international or foreign organizations; 11) to disclose or to use for the purposes not connected with execution of official duties the information related in accordance with federal laws to the confidential information which became known to him or her in connection with execution of his or her official duties. 4. The persons who fill the state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation, the municipal positions, which is filled on a permanent basis, shall be obliged to provide the information about their incomes, property and property obligations as well as the information about incomes, property and property obligations of their wives (husbands) and minor children in accordance with the procedure established by the regulatory legal acts of the Russian Federation. 5. The persons, who fill the state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation, the municipal positions, which is filled on a permanent basis, and who violated the bans, restrictions and duties stipulated in Parts 1-4 of this Article, shall bear liability stipulated by federal constitutional laws, by federal laws and other regulatory legal acts of the Russian Federation. Article 12.2. Restriction and duties imposed on the officers who fill particular positions under a labour contract in the organizations created for execution of the objectives set to the federal state authorities (is introduced by the Federal Law of 21.11.2011 # 329-FZ) Unless otherwise established by the regulatory legal acts of the Russian Federation the officers who fill particular positions under a labour contract in the organizations created for execution of the objectives set to the federal state authorities shall be imposed with restrictions, bans and duties established for the federal state officials, who are in service in the corresponding federal state authorities, in accordance with the procedure stipulated by the regulatory legal acts of the federal state authorities. Article 12.3. Duty to transfer securities, shares (participation interests, units in authorized (share) capitals of organizations) to fiduciary management in order to prevent a conflict f interest (is introduced by the Federal Law of 21.11.2011 # 329-FZ) 1. If the fact that the persons, who fills a state position of the Russian Federation, a state position of a constituent entity of the Russian Federation, a municipal position, a position of federal state service, a position of municipal service, a position in a state corporation, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in other organization created by the Russian Federation on the basis of a federal law, a position on the basis of a labour contract in the organization created for execution of the objectives set to the federal state authorities, hold securities, shares (participation interests, units in authorized (share) capitals of organizations) leads to or can lead to a conflict of interest then the said person shall be obliged to transfer his or her securities, shares (participation interests, units in authorized (share) capitals of organizations)
to fiduciary management in accordance with the civil legislation of the Russian Federation. 2. The requirements specified in Part 1 of this Article shall apply to the employees of the Central Bank of the Russian Federation who hold the positions included in the list approved by the Board of Directors of the Central Bank of the Russian Federation. (Part 2 is introduced by the Federal Law of 03.12.2012 # 231-FZ) Article 12.4. Restrictions, bans and duties imposed on the officers who fill the positions in state corporations, other organizations created by the Russian Federation on the basis of federal laws, on the officers to fill particular positions on the basis of a labour contract in the organizations created for execution of the objectives set to the federal state authorities (is introduced by the Federal Law of 21.11.2011 # 329-FZ) The officers, who fill the positions in state corporations, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in other organizations created by the Russian Federation on the basis of federal laws, the officers who fill particular positions on the basis of a labour contract in the organizations created for execution of the objectives set to the federal state authorities, in accordance with the procedure determined by the regulatory legal acts of the Russian Federation shall be exposed to the restrictions, bans and duties established in respect of the persons, who fill the positions in federal state service, with due regard to the peculiarities pertaining to their legal status, under this Federal Law and under Articles 17, 18 and 20 of the Federal Law of July 27, 2004 #79-FZ “On State Civil Service of the Russian Federation�. Article 12.5. Other bans, restrictions, duties and rights for state service behavior (is introduced by the Federal Law of 21.11.2011 # 329-FZ) 1. The federal constitutional laws, the federal laws, the laws of the constituent entities of the Russian Federation, the municipal regulatory legal acts for the persons who fill the state positions of the Russian Federation, the state positions of the constituent entities of the Russian Federation, the municipal positions, the positions of federal state service, the positions of municipal service, positions in state corporations, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in other organizations created by the Russian Federation on the basis of federal laws, particular positions on the basis of a labour contract in the organizations created for execution of the objectives set to the federal state authorities can impose other bans, restrictions, duties and rules for state service behavior aimed at combating corruption. 2. The provisions of Part 1 of this Article shall apply to the officers of the Central Bank of the Russian Federation who hold the positions included in the list approved by the Board of Directors of the Central Bank of the Russian Federation. (Part 2 is introduced by the Federal Law of 03.12.2012 # 231-FZ) Article 13.Liability of individual persons for corruption offences 1. Citizens of the Russian Federation, foreign citizens and person without citizenship shall be liable for commitment of corruption offences and shall be subject to criminal, administrative, civil and legal and disciplinary sanctions in accordance with legislation of the Russian Federation. 2. The individual persons who committed a corruption offence can be deprived of the right to hold particular positions of state and municipal service in accordance with legislation of the Russian Federation under a court decision.
Article 13.1. Dismissal (discharge from a position) of the persons who fill the state position of the Russian Federation, the municipal positions due to loss of trust. (is introduced by the Federal Law of 21.11.2011 # 329-FZ) 1. The person who fills a state position of the Russian Federation, a state position of a constituent entity of the Russian Federation, a municipal position shall be subject to dismissal (discharge from the position) in accordance with the procedure stipulated by the federal constitutional laws, by the federal laws, by the laws of the constituent entities of the Russian Federation, by the municipal regulatory legal acts due to loss of trust in case of: 1) failure of the person to take actions aimed at preventing and (or) arranging the conflict of interest, to which he or she is a party; 2) failure of the persons to provide information about incomes, property and property obligations as well as about incomes, property and property obligations of his wife (her husband) and minor children of provision of knowingly inaccurate or incomplete information; 3) participation of the person on a remuneration basis in operation of a management body of a commercial organization, except for the cases stipulated by a federal law; 4) performance of entrepreneurial activity by the person; 5) membership of the persons in management bodies, guardianship or supervisory boards, in other bodies of foreign non-commercial non-state subdivisions unless otherwise stipulated by an international treaty of the Russian Federation or by legislation of the Russian Federation. 2. The person who fills a state position of the Russian Federation, a state position of a constituent entity of the Russian Federation, a municipal position and who has known about the personal interest of the person subordinated to him or her, which leads to or can lead to a conflict of interest, shall be subject to dismissal (discharge from the position) due to loss of trust also in case of failure of the person who fills the state position of the Russian Federation, the state position of the constituent entity of the Russian Federation, the municipal position to take actions aimed at preventing and (or) arranging the conflict of interest, to which the subordinated person is a party. Article 13.2. Dismissal (discharge from a position) of the persons, who fill (hold) the positions in the Central Bank of the Russian Federation, in state corporations, in other organizations created by the Russian Federation on the basis of federal laws, in the organizations created for execution of the objective set to the federal state authorities, due to loss of trust (is introduced by the Federal Law of 03.12.2012 # 231-FZ) The persons who fill the positions in the Central Bank of the Russian Federation, the person who fill the positions in state corporations, in the Pension Fund of the Russian Federation, in the Social Insurance Fund of the Russian Federation, in the Federal Compulsory Medical Insurance Fund, in other organizations created by the Russian Federation on the basis of federal laws, particular positions on the basis of a labour contract in the organizations created for execution of the objectives set to the federal state authorities shall be subject to dismissal (discharge from the position) due to loss of trust in the cases stipulated by federal laws. Article 13.3. Duty of an organization to take actions against corruption (is introduced by the Federal Law of 03.12.2012 # 231-FZ) 1. Organizations shall be obliged to develop and take actions against corruption. 2. The actions against corruption taken in an organization can include the following:
1) determination of subdivisions or officials responsible for prevention of corruption and other infringements of law; 2) cooperation of the organization with law enforcement bodies; 3) development and introduction of standards and procedures aimed at ensuring fair operation of the organization; 4) acceptance of a code of ethics and of state service behavior of the organization’s officers; 5) prevention and arrangement of a conflict of interest; 6) prevention of compilation of a non-official statements and of use of forged documents. Article 14. Liability of legal entities for corruption offences 1. If any corruption offences or the infringements of law, which are conducive to commitment of any corruption offences, are organized, prepared and committed on behalf or for the benefit of a legal entity then liability measures can apply to the legal entity in accordance with legislation of the Russian Federation. 2. Application of liability measures to a legal entity for a corruption offence shall not release a guilty individual person from liability for the corruption offence as well as the bringing of an individual person to criminal or other liability for a corruption offence shall not release a legal entity from liability for the corruption offence. 3. The provisions of this Article shall apply to foreign legal entities in the cases stipulated in legislation of the Russian Federation. President of the Russian Federation D.MEDVEDEV Moscow, Kremlin December 25, 2008 # 273-FZ