Chinese law provides for two types of death sentences: immediate execution and deferred execution up to two years. In the case of a reprieve, a person sentenced to death can avoid it if during these two years he behaves well and does not receive any reproaches in his direction. But in any case, he will not be able to avoid punishment: the execution will simply be replaced by imprisonment. There are statistical data according to which only 6% of persons convicted of corruption are actually punished.
The anti-corruption struggle has been waged in China since the 1980s. The fight against corruption in the Celestial Empire is carried out in different directions: various directives and resolutions on this issue are issued. Along with the already existing centralized structures for fighting corruption, such as the CPC Central Commission for Discipline Inspection and the Ministry of Control, in December 2007, the PRC leadership created the State Administration for the Prevention (Combating) Corruption, headed by Minister of Control Ma Wen. The functions of the new department, subordinate to the State Council of the PRC, include identifying corrupt officials, developing entire sets of anti-corruption measures, and even conducting their own investigations.
One of the types of struggle against "embezzlement" in China is the rotation of personnel in all government bodies, which contributes to the fact that officials do not have the opportunity to use the already established service, family, friendship and other ties that contribute to illegal actions. Montesquieu argued that, as “it is already known from the experience of the times, every person who has power tends to abuse it” and world history confirms this. So China is fighting corrupt officials, forming their moral and ethical principles, as well as increasing their sense of duty and responsibility. For example, Hu Jintao developed a "moral code of eight principles" of behavior for Chinese citizens. In southern China, a party school that trains civil servants has launched special classes called "anti-corruption tai chi" that help fight the temptation to take a bribe through meditation, martial arts and strength exercises. Even a game technology called "Incorruptible Fighter" is involved, in which users destroy corrupt officials, and the movie "Fatal Decision" was made, which is a must-see for all government officials. And in Beijing, there is a “hot line”, through which any resident of the Celestial Empire can anonymously report the abuse of a particular person by his official position.
In total, since 2000, about 10,000 officials have been shot in China for corruption, and another 120,000 received 10-20 years in prison.
And of course, one of the main measures to combat corruption cannot be left without special attention - the death penalty. Since 1982, in accordance with the Criminal Code, bribery has been a crime and is punishable by either life imprisonment or execution. Over time, only the technology of the execution itself changed - instead of executions, more "humane" mortal injections were introduced - but the very existence of the execution remained.
But despite such a strong determination of the government in the fight against corruption, according to Chinese experts, the Chinese economy annually loses 13-17% of GDP and 20% of public finances fall into the hands of dishonest officials. And the figures discussed by the people of China will not leave anyone indifferent:
As of January 2010, according to the disciplinary commission of the Chinese Communist Party, more than 4,000 party officials fled abroad, taking with them $ 7.1 billion (50 billion yuan).
42. Anti-corruption experience in Singapore
By the time of gaining independence in 1965, Singapore found itself in a situation somewhat reminiscent of the picture of post-Soviet Russia. The country was in an extremely difficult economic situation and was permeated through and through with iniquity. Legislation was imported by the British colonizers from distant England, law enforcement agencies were unable to resist organized crime, and most officials were involved in corruption schemes. The population had low level education and not skillfully defend their rights.
In 1960, Singapore passed the Prevention of Corruption Act (ROSA), which had two goals: to neutralize the corruption-intensive articles of national legislation and to toughen the punishment for bribery. The document clearly defined all types of corruption (bribe-takers could no longer shirk, receiving “thank you” in the form of gifts and hiding behind vague wording); prison sentences for bribes were increased. However, the Corruption Prevention Act only declared the fight against corruption. Action was needed to implement it.
The situation began to improve when Lee Kuan Yew, who came to power, created an independent body to fight corruption in the highest echelons of power - the Anti-Corruption Agency (ABA), the director of which reported directly to the head of government. The ABK was endowed with serious powers: it received the right to detain potential bribe-takers, search their homes and workplaces, check bank accounts, and so on. Investigations were initiated even against close relatives of the prime minister. A number of ministers convicted of corruption were sentenced to various terms of imprisonment, someone committed suicide, someone fled the country.
Later, Singapore's anti-corruption legislation was supplemented several times. So, in 1989, a rule on confiscation of property was introduced. Tight control gave good results, so the authorities moved to the second stage of the fight against bribery - “soft”.
Anti-corruption policy has become more effective after a sharp increase in wages. The government decided: both the policeman and the clerk should be paid such wages that would eliminate the temptation to take bribes. Today officials receive up to 20-25 thousand dollars a month (from 600 thousand to 750 thousand rubles), ministers - up to 100 thousand dollars a month (3 million rubles). But security, and a car with a driver, and the maintenance of the home - only for personal money.
In order to increase the independence of judges and their social status, not only relevant legislative acts were adopted, but also salaries were increased. Before that, almost the entire corrupt judiciary was replaced by the best lawyers in the country, among whom private lawyers predominated. The salary of a Singaporean judge has reached several hundred thousand dollars a year (in the 1990s - over $1 million), which is 10 times higher than ministerial salaries.
Singapore's anti-corruption policy is based on 12 principles.
1. Measures are being taken against both parties - both those who give bribes and those who take them.
2. Cases of corruption are punished by administrative or criminal procedure, and public censure is an integral part of the punishment process.
3. State duties and personal interests are clearly demarcated.
4. Rule of law.
5. Establish clear and precise working and decision-making methods.
6. Leaders must set a personal example of impeccable behavior at the highest level in order to maintain their moral authority necessary to fight corruption. That is, for political leaders, the key criterion is incorruptibility.
7. Recognition of personal and professional merit, and not family ties or political patronage - the determining factor in the appointment officials.
8. Dismissal of officials who have stained their reputation.
9. Decent pay for civil servants.
10. Protection of whistle-blowers who report cases of corruption.
11. Minimization of the number of signatures required to recognize the correctness of the document.
12. Extending the operation of laws to officials in order to clarify the sources of their income.
Those from whom money continued to be extorted could apply for support from the Corruption Investigation Bureau. His hotline is open 24/7. Willingly accepted and anonymous complaints. Red tape in the institutions of Singapore is reduced to nothing with the help of real e-government. Singaporeans send requests to ministries and departments via the Internet in electronic format. Courts work accurately and quickly. There is, for example, the Court of Small Claims (Small Claims Court), which deals with the affairs of touristsif they were suddenly deceived when buying. The court session is scheduled for the very next day: there is no red tape, which means that there is no reason to give a bribe to speed up the process.
The 1989 Corruption (Forfeiture of Benefits) Act empowered the court to confiscate property and funds the origin of which the corrupt person cannot clearly explain. In the event of the death of the defendant, the court has the right to decide on the confiscation of his property. Currently, Singapore, a tough authoritarian state, occupies a leading position in the world rankings for the absence of corruption, economic freedom and level of development.
43. The Prosecutor General's Office of the Russian Federation: tasks, functions and role in combating corruption
Prosecutor's office Russian Federation- a unified federal centralized system of bodies exercising on behalf of the Russian Federation supervision over the observance of the Constitution of the Russian Federation and the implementation of laws in force on its territory.
The competence of the prosecutor's office and its local structural subdivisions includes the issues of combating corruption in the sphere of state and municipal services, including corruption among persons holding public positions in the Russian Federation, heads of regions and municipalities, deputies, judges, prosecutors and other public officials.
The department includes a department for supervision of compliance with federal legislation and a department for supervision of criminal procedural and operational-search activities, ensuring the participation of prosecutors in the consideration of criminal cases by courts, as well as an organizational and methodological group.
The main activities of these departments can be divided into the following groups:
Identification of manifestations of corruption and conducting appropriate checks on them;
Supervision of compliance with the law in the implementation of operational-search activities in cases of corruption;
Implementation of supervision over compliance with criminal procedure legislation in the process of investigating criminal cases on facts of corruption;
Maintaining public prosecution at the stage of judicial proceedings in such criminal cases;
Participation in international cooperation with anti-corruption and other structures of other countries;
Monitoring and analysis of the implementation of anti-corruption legislation and development of proposals for its improvement.
Considering the complex nature of corruption, manifestations of which can be observed in the field of law enforcement various kinds(budgetary, antimonopoly, legislation on the use of state property, on public procurement, on combating the legalization of criminal proceeds, etc.) the department is authorized to take the necessary measures to combat corruption in the field of enforcement of the relevant legislation in cooperation with other specialized supervisory units of the Prosecutor General's Office of the Russian Federation.
The subdivisions being created to oversee the implementation of legislation on combating corruption in the offices of the prosecutor's offices of the constituent entities of the Russian Federation and the prosecutor's offices equated to them are operationally subordinate to the relevant prosecutors, but organizationally their activities in these areas are coordinated by a special department of the central office of the Prosecutor General's Office of the Russian Federation. Such a construction is intended to provide an independent centralized structure within the framework of a single prosecutor's office of the Russian Federation.
The main goals and objectives of the Department for Supervision of the Enforcement of Anti-Corruption Legislation:
The activities of the Department are aimed at strengthening the rule of law, protecting the rights and freedoms of man and citizen, the legally protected interests of society and the state through the implementation of a set of measures that ensure effective counteraction to corruption and its manifestations, which pose an increased public danger.
To this end, the Department performs the following main tasks to ensure:
Organization and implementation of effective prosecutorial supervision over the implementation of anti-corruption legislation, as well as operational-search and criminal procedural activities aimed at identifying, suppressing and investigating corruption crimes that pose an increased public danger;
Bringing to justice, as provided for by law, persons guilty of committing crimes and other offenses of a corruption nature;
Protection and restoration of the rights, freedoms and legitimate interests of citizens and organizations protected by law, the interests of the Russian Federation, subjects of the Russian Federation, municipalities in criminal, civil and arbitration proceedings within the limits of the powers granted by the legislation, as well as compensation for the harm caused;
Timely prevention of corruption offenses by means of prosecutorial supervision, identification and elimination of their causes and conditions.
The Prosecutor General of the Russian Federation and prosecutors subordinate to him, within their powers, coordinate the anti-corruption activities (detection, prevention, suppression, disclosure and investigation of corruption offenses) of the internal affairs bodies of the Russian Federation, the federal security service, the customs authorities of the Russian Federation and other law enforcement agencies and exercise other powers in the field of combating corruption established by federal laws.
In order to increase the guarantees of independence in the performance of assigned duties and to prevent the facts of unlawful official behavior of employees of specialized units, not only a special procedure has been established for their appointment to a position and their dismissal, but also a special procedure for bringing such prosecutors to disciplinary responsibility. Appointment to positions is made only after a thorough examination of the personality of the candidate, who must have an impeccable record and an appropriate reputation. The selection of candidates both for territorial subdivisions in the constituent entities of the Russian Federation and specialized prosecutor's offices equated to them, and for management takes place on a special commission. The composition of the commission in the Prosecutor General's Office of the Russian Federation is approved by order of the Prosecutor General of Russia, and is headed by the First Deputy Prosecutor General of the Russian Federation. At the regional level, such commissions are headed by prosecutors of constituent entities of the Russian Federation and specialized prosecutor's offices equivalent to them.
All selected prosecutors, both at the regional and federal levels, are appointed to the position by order of the Prosecutor General of the Russian Federation and can be brought to disciplinary liability only with his consent.
Thus, within the framework of the general scheme of the prosecution bodies of Russia, a vertically integrated structure is being created, which is designed to ensure systems approach to combat corruption.
44. Federal Law No. 273-FZ dated December 25, 2008 “On Combating Corruption”. His role in anti-corruption policy
The law establishes a system of anti-corruption measures and provides for the definition of the concept of corruption as a socio-legal phenomenon, the concept of a corruption offense as a separate manifestation of corruption, entailing disciplinary, administrative, criminal or other liability, and the concept of combating corruption as a coordinated activity of federal state authorities, bodies state power constituent entities of the Russian Federation, local self-government bodies of municipalities, civil society institutions, organizations and individuals on the prevention of corruption, criminal prosecution of persons who have committed corruption crimes, and minimization and (or) elimination of their consequences.
This Federal Law establishes the basic principles of combating corruption, the legal and organizational framework for preventing and combating corruption, minimizing and (or) eliminating the consequences of corruption offenses.
It includes:
1) Basic concepts (corruption, anti-corruption);
2) Legal framework for combating corruption
3) Basic principles of anti-corruption
4) International cooperation of the Russian Federation in the field of combating corruption
5) Organizational bases for combating corruption
6) Measures to prevent corruption
7) The main areas of activity of state bodies to improve the effectiveness of combating corruption
8) The duty of the state. employees to provide information on income, property and liabilities of a property nature
9) Duty state. employees to notify about appeals in order to induce them to commit corruption offenses
10) Resolution of conflicts of interest (personal and public) in the state. service
11) Liability of individuals and legal entities for corruption offenses
45. Anti-corruption laws and solutions in the field of small and medium-sized businesses
1) Federal Law of August 8, 2001 No. 134-FZ “On the protection of the rights of legal entities and individual entrepreneurs during state control(supervision)" // SZ RF dated August 13, 2001 No. 33 (part I). Art. 3436. To protect entrepreneurs from corrupt officials.
2) National anti-corruption plan. (Approved by the President of the Russian Federation D. Medvedev on July 31, 2008 Pr-1568):
Creation of conditions for fair competition in commodity and financial markets
Improving the rules governing procurement for state and municipal needs
Creation of a system for monitoring the activities of state and municipal employees by civil society institutions
3) Federal Law "On Combating Corruption" dated December 25, 2008 No. 273-FZ. general law for all.
4) Federal Law No. 172-FZ dated July 17, 2009 “On Anti-Corruption Expertise of Regulatory Legal Acts and Drafts of Regulatory Legal Acts”.
To prevent the adoption of bills that promote corruption (including for medium and small enterprises)
During the last decades in China long time the concept of "wrong style" was used. As the quantity grows malfeasance the concept of corruption began to be used. The Criminal Code of the People's Republic of China provides for severe punishment for embezzlement and bribery, and for especially serious crimes and for crimes in which especially large sums were embezzled, the death penalty is provided.
It was with the advent of Chinese President Hu Jintao that the anti-corruption campaign gained unprecedented proportions. The Chinese leadership sees the reasons for the growth of corruption in the capitalization of the socialist economy, the introduction market mechanisms, as well as in the influence of the Western way of life on the mentality of the Chinese. This allows you to shift the focus to external causes, turning a person not into the culprit, but into the victim of corruption. It is believed that in this way the psyche of the Chinese people is freed from the burden of the inevitability of failures in the fight against corruption, and " the necessary conditions for correction".
In just a few months of 2007, high-ranking officials in China received very harsh sentences: the chief prosecutor of Tianjin Li Baojin, a member of the Politburo, the secretary of the city party committee of Shanghai Chen Lianyu, the vice-mayor of Beijing Liu Zhihua, the vice-governor of Anhui province He Minxu, Mayor of Qingdao Du Shandong, Minister of China for Food and Medicine Zhen Xiaoyu. corrupt officials are severely punished, regardless of their position and position (the highest measure is applied to civil servants with embezzlement in the amount of 125 thousand dollars). A striking example of a tough fight against corruption was the trial of Minister Zhen Xiaoyu. Immediately before the execution of the sentence, his last appeal to fellow citizens was published - "Letter of Repentance". In it, the minister argues that out of selfish motives, it is better not to strive for great power. Because this is not the case when "the more the better." He advises any official not to pursue high positions, or to cultivate a sense of responsibility.
Today, China has become one of the few countries that have received "praise" from Transparency International (TI). Ranked 72nd out of 180 countries in 2007, according to the organization's Corruption Index, China ranked 3.5 on a scale of 1 to 10 (with 10 being the least corrupt).
However, the measures taken by China to fight corruption are considered by many to be radical, too cruel.
The modern Russian anti-corruption program is an integral part of the administrative reform, which provides for systemic transformations aimed at changing the attitudes, values, stereotypes of behavior of both officials and other citizens. To implement it, it is planned to: a) enact a set of laws that will provide for anti-corruption measures; b) to carry out changes in the methods of state regulation of the economy and the social sphere; c) to strengthen the units of law enforcement agencies involved in the fight against corruption; d) implement organizational measures in departments in order to prevent and suppress corrupt behavior; e) mobilize the efforts of civil society institutions to combat corruption; f) deploy a system of civic education, including training in anti-corruption behavior. Strengthening the fight against corruption in the highest echelons of power should be facilitated by the State Duma the third convocation of the Anti-Corruption Commission, which is a permanent body of the lower house.
Decree of the President D.A. Medvedev dated May 19, 2008 No. 815 "On measures to combat corruption", the Anti-Corruption Council was established - an advisory body under the President. The same decree approved the composition of the Council and its presidium. The Chairman of the Council is the President himself. The main tasks of the Council are:
preparation of proposals to the President of the Russian Federation regarding the development and implementation public policy in the field of combating corruption;
· coordination of the activities of federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local self-government bodies of municipalities in the implementation of state policy in the field of combating corruption;
· Control over the implementation of measures provided for by the National Anti-Corruption Plan (2008).
In this regard, the development of measures to combat corruption, primarily in order to eliminate its root causes, and the implementation of such measures in the context of ensuring the development of the country as a whole, become an urgent need.”
The adopted Plan focuses on the implementation of the following tasks:
Strengthening the anti-corruption component in teaching academic disciplines, providing for the study of the legal and moral and ethical aspects of management activities in federal state educational institutions higher and postgraduate vocational education;
Improving the quality of legal education, first of all: the formation of an intolerant attitude towards corruption in society and an increase in the legal culture of society as a whole.
In 2009, several anti-corruption decrees came into force at once. In the federal law "On Combating Corruption" dated 25.12. 2008
the definition of corruption is given, the main principles of combating corruption are formulated. The main emphasis is on preventive measures, one of which is the obligation of civil servants to provide information on income and property. Now the president, head of government and members of the cabinet of ministers will be required to submit information on income annually by April 1. Other civil servants - members of the government, deputies, senators, governors, employees of the Central Election Commission, auditors Accounts Chamber, as well as the heads of state corporations - until April 30. The lists of officials who must each year publicly report on their income and the income of family members are expanding. If the declaration is not filed or if false information is found in it, a disciplinary sanction may follow, up to and including dismissal. They must report in their reports: total amount annual earnings, vehicles owned, as well as real estate with an indication of its area and the country in which it is located. If property is registered to family members, civil servants are also required to declare it. All this information will be published in the public domain, on the websites of departments. Before the personnel services and the tax office, officials must include in the report data on bank accounts and addresses where the property is located.
On February 1, 2007, Russia officially joined the Group of States against Corruption (GRECO). On May 7, 2009, our country signed an additional protocol to the Council of Europe Convention on criminal liability for corruption.
Without mass awareness by citizens of the colossal harm of corruption, serious positive changes cannot occur. The use of only punitive measures of struggle does not allow for effective control over corruption and its negative manifestations, as evidenced, for example, by the events recent years in China (introduction of execution). Historical experience, including that of our country, shows that it was precisely the skillful use of public control that turned out to be effective tool any national anti-corruption strategy.
Countering corruption, despite the obvious legal task, is the most important ethical problem- affirmation of the values of honest labor, faith in the implementation of justice. The cultivation of honesty in society is an important indicator of a healthy state.
The professional work of a teacher, lecturer is associated with the need for special personality traits that are not enshrined in official documents, but due to the nature pedagogical activity– sense of duty, conscience, humanitarian culture. The civil, moral and ethical position of a teacher is an important guarantee of the success of creating an anti-corruption atmosphere in society.
Questions and tasks
1. Expand the essence of corruption as a socio-historical phenomenon. How do you see the international character of corruption?
2. Give different definitions of corruption. Which of them seems to you the most accurate and complete. Why?
3. What human weaknesses contribute to the persistence of corruption? How do you think they can be dealt with?
4. Find statements, proverbs, aphorisms about bribery, corruption. Comment on them.
5. Who was the first of the rulers of our country who tried to limit the actions of amateurs to “launch their paw” into the state treasury by law? What was the limitation of corruption?
6. What measures did the rulers of ancient and medieval Russia offer to combat bribe-takers? How effective were they?
7. What is distinguishing feature Decree of Peter I "On the prohibition of bribes and promises and the punishment for it"? What proposed measures do you consider effective? Can any provisions of the Decree be used in our time?
8. What obstacles did corruption create for the ongoing state reforms in the country? What is the place of the rulers-reformers in their domestic politics assigned to anti-corruption measures?
9. In what way do you see the inconsistency of the attitude of the state towards manifestations of corruption in the administrative apparatus? Give historical examples.
10. In the Soviet state, the very concept of "corruption" was not used, and this phenomenon was considered an exception, not a phenomenon characteristic of socialism. What is your attitude to such views?
11. What do you think true purpose anti-corruption actions, campaigns conducted in the USSR?
12. Why in the 1990s. Has the problem of corruption in Russia acquired particular urgency and urgency?
13. In what forms does corruption manifest itself in modern socio-political and socio-economic life? What is the reason for the persistence of this negative social phenomenon?
14. What legal anti-corruption measures exist in our legislation?
15. What consequences can corruption lead to with the connivance of the state and society?
16. What is the “disadvantage” of corrupt behavior?
17. How can a high degree of corruption affect economic development countries?
18. Imagine a situation involving any manifestations of corruption in Everyday life(for example, an airport passenger and his luggage at the airport were not screened by an employee in accordance with established rules; a driver’s license was obtained with an unsatisfactory assessment in an exam; a less capable applicant was enrolled in a university, etc.). Guess what motives guided the direct participants in the corruption? What personal benefits did you seek? Is the situation, the action, an offense? Highlight the negative consequences of such a situation for the state, society, individual (both for the participants in the "deal" and for other people: "inner circle" - relatives, friends, colleagues, etc., "far circle" - other residents of the city, citizens of the country ). What measures can be taken to neutralize or minimize manifestations of corruption in the described situation?
19. Describe state of the art corruption in Russia, the world. Use information from the media, Internet resources, etc.
20. Does the venality of officials affect the decay of moral and economic system in society? How?
21. In the course of a survey conducted by VTsIOM in 2006 and 2008, to the question
“Do you think that material remuneration (gifts, money) to doctors, teachers of schools and universities, employees of housing departments, etc. for the work that they should do for free is just as dangerous and harmful to society as the corruption of power?” our fellow citizens responded thus:
53% - Yes, it is just as dangerous, because corruption just starts with small bribes.
38% - No, this is a phenomenon of a different order, when people are either forced to resort to this, or do it from the bottom of their hearts.
9% - Difficult to answer.
And how would you answer this question? What determines the spread of corruption?
Who wins and who loses from corruption? Justify your opinion.
22. What measures, in your opinion, should be taken to effectively combat manifestations of corruption in the education system?
23. Formulate the definition: "corruption", "bribery" of the law.
24. Various anti-corruption measures are proposed, for example:
§ introduction into the criminal legislation of the country of norms sharply tightening penalties for corruption crimes;
§ changing the way people are selected for government bodies;
§ Creation of a "code of honor for officials";
§ assessment of adopted and existing laws for "bribery", "corruptibility".
§ stimulating the activities of officials, making various corrupt practices unprofitable, etc.
Discuss as a group and suggest your own solutions to the problem.
25. What international anti-corruption organizations do you know? Give examples from the experience of fighting corruption (eg Singapore, Sweden, China). Use information from the media, Internet resources.
26. Do you remember what documents proclaim human rights and freedoms? How does corruption violate these rights?
27. At present, there is experience in the operation of so-called “helplines”, through which cases of corruption can be reported. Find out if there is such a service in your area, city. Who is implementing this project? What powers does this service have?
28. What anti-corruption measures are proposed by the leadership of our country at the present stage? Get acquainted with the documents (see the official website of the President of the Russian Federation and the Appendix). Prepare your resume according to their content.
29. How do you think you can convince people that the fight against corruption is not a fight against windmills? Organize a debate on this issue.
Similar information.
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This Law establishes the basic principles of combating corruption, the legal and organizational framework for preventing and combating corruption, minimizing and (or) eliminating the consequences of corruption offenses.
Article 1. Basic concepts used in this Law
To fulfill the purposes of this Law, the following concepts are used:
1) corruption:
a) abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties, or illegal provision of such benefits to the specified person by other individuals;
b) commission of acts specified in subparagraph "a" of this paragraph, on behalf of or in the interests of a legal entity;
2) combating corruption - the activities of public authorities, local governments, civil society institutions, organizations and individuals within their powers:
a) to prevent corruption, including the identification and subsequent elimination of the causes of corruption (prevention of corruption);
b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);
c) to minimize and (or) eliminate the consequences of corruption offenses.
Article 2. Tasks of anti-corruption activities
The tasks of anti-corruption activities in the Luhansk People's Republic are:
1) elimination of the causes that give rise to corruption and counteracting the conditions conducive to its manifestation;
2) reducing the risk of committing acts of corruption, as well as losses from them;
3) involvement of civil society in the implementation of state policy in the field of combating corruption;
4) formation of intolerance towards acts of corruption.
Article 3 Legal basis anti-corruption
The legal basis for combating corruption is the Constitution of the Luhansk People's Republic, laws, generally accepted principles and norms international law and international treaties of the Lugansk People's Republic, this Law, regulatory legal acts of the Head of the Luhansk People's Republic, as well as regulatory legal acts of the Council of Ministers of the Lugansk People's Republic, regulatory legal acts of state authorities and regulatory legal acts of local governments.
(Article 3 as amended by the Law of the Luhansk People's Republic )
Article 4. Basic principles of combating corruption
Countering corruption in the Luhansk People's Republic is based on the following basic principles:
1) recognition, provision and protection of fundamental rights and freedoms of man and citizen;
2) legality;
3) publicity and openness of the activities of state bodies and local governments;
4) the inevitability of responsibility for committing corruption offenses;
5) complex use of political, organizational, information and propaganda, socio-economic, legal, special and other measures;
6) priority application of measures to prevent corruption;
7) cooperation of the state in order to combat corruption with civil society institutions, international organizations and individuals;
8) periodic evaluation legal documents and administrative measures to determine their adequacy in terms of preventing and combating corruption.
Article 5. International cooperation of the Luhansk People's Republic in the field of combating corruption
1. The Lugansk People's Republic, in accordance with the international treaties of the Lugansk People's Republic and (or) on the basis of the principle of reciprocity, cooperates in the field of combating corruption with foreign states, their law enforcement agencies and special services, as well as with international organizations in order to:
1) identification of persons suspected (accused) of committing corruption crimes, their location, as well as the location of other persons involved in corruption crimes;
2) detection of property obtained as a result of committing corruption offenses or serving as a means of committing them;
3) providing, in appropriate cases, items or samples of substances for research or forensic examinations;
4) exchange of information on anti-corruption issues;
5) coordination of activities for the prevention of corruption and the fight against corruption.
2. Foreign citizens, stateless persons not permanently residing in the Lugansk People's Republic, foreign legal entities, established in accordance with the legislation of foreign states, international organizations, as well as their branches and representative offices (foreign organizations), accused (suspected) of committing corruption offenses outside the Lugansk People's Republic, are subject to liability in accordance with the legislation of the Lugansk People's Republic in cases and in the manner provided for by international treaties of the Lugansk People's Republic and the laws of the Lugansk People's Republic.
Article 6. Organizational bases for combating corruption
1. Head of the Luhansk People's Republic:
1) determines the main directions of the state policy in the field of combating corruption;
2) establishes the competence of the executive bodies of state power, the management of which he exercises, in the field of combating corruption.
2. People's Council Luhansk People's Republic ensures the development and adoption of laws on combating corruption, and also controls the activities of the executive bodies of state power within its powers.
3. The Council of Ministers of the Lugansk People's Republic distributes functions between the executive bodies of state power, the management of which it exercises, in combating corruption.
4. Bodies of state power and bodies of local self-government carry out counteraction to corruption within their powers.
5. In order to ensure the coordination of the activities of the executive bodies of state power and local self-government bodies for the implementation of state policy in the field of combating corruption, by decision of the Head of the Lugansk People's Republic, bodies may be formed consisting of representatives of state authorities and representatives of local self-government bodies and other persons (hereinafter referred to as bodies on coordination of activities in the field of combating corruption).
For the implementation of decisions, bodies for coordinating activities in the field of combating corruption can prepare draft decrees, orders and instructions of the Head of the Luhansk People's Republic, draft resolutions, orders and instructions of the Council of Ministers of the Lugansk People's Republic, which in the prescribed manner are submitted for consideration, respectively, to the Head of the Lugansk People's Republic, the Council Ministers of the Luhansk People's Republic. Upon receipt of data on the commission of corruption offenses, the bodies for coordinating activities in the field of combating corruption transfer them to the relevant state bodies authorized to verify such data and take decisions based on the results of the verification in the manner prescribed by law.
6. The Prosecutor General of the Lugansk People's Republic and prosecutors subordinate to him, within their powers, coordinate the activities of the internal affairs bodies of the Luhansk People's Republic, state security agencies, customs authorities of the Luhansk People's Republic and other law enforcement agencies to combat corruption and exercise other powers in the field of combating corruption, established by the laws of the Luhansk People's Republic.
Article 7. Corruption Prevention Measures
Prevention of corruption is carried out by applying the following main measures:
1) formation in society of intolerance to corrupt behavior;
2) anti-corruption expertise of legal acts and their drafts;
3) presenting, in accordance with the procedure established by law, qualification requirements for citizens applying for filling public positions, positions of state service and municipal service provided for by the laws of the Luhansk People's Republic, as well as verifying, in the prescribed manner, the information submitted by these citizens;
4) establishing as a basis for the dismissal of a person replacing a position in the civil service or municipal service, included in the list established by the regulatory legal acts of the Luhansk People's Republic, from the replaced position in the civil service or municipal service or for applying in relation to his other measures of legal liability for failure to present him information or submission of deliberately false or incomplete information about their income, property and obligations of a property nature, as well as submission of deliberately false information about the income, property and obligations of a property nature of their spouse (spouse) and minor children;
5) introduction into the practice of personnel work of state authorities and local self-government bodies of the rule, according to which the long-term, impeccable and effective performance by civil servants or municipal employees of their official duties should in without fail be taken into account when appointing him to a higher position, assigning him a military or special rank, class rank, diplomatic rank or with its encouragement;
6) development of institutions of public and parliamentary control over compliance with the legislation of the Luhansk People's Republic on combating corruption.
Article 8
The main activities of state bodies to improve the effectiveness of combating corruption are:
1) implementation of a unified state policy in the field of combating corruption;
2) creation of a mechanism for the interaction of law enforcement and other state bodies with public and parliamentary commissions on combating corruption, as well as with citizens and civil society institutions;
3) adoption of legislative, administrative and other measures aimed at attracting civil servants and municipal employees, as well as citizens to more active participation in combating corruption, at forming a negative attitude towards corrupt behavior in society;
4) improvement of the system and structure of state bodies, creation of mechanisms for public control over their activities;
5) the introduction of anti-corruption standards, that is, the establishment for the relevant area of activity of a unified system of prohibitions, restrictions and permits that ensure the prevention of corruption in this area;
6) unification of the rights and restrictions, prohibitions and obligations established for civil servants, as well as for persons holding public office in the Lugansk People's Republic;
7) ensuring access of citizens to information about the activities of public authorities and local governments;
8) ensuring the independence of funds mass media;
9) strict observance of the principles of independence of judges and non-interference in judicial activities;
10) improving the organization of the activities of law enforcement and regulatory authorities to combat corruption;
11) improvement of the procedure for passing the civil service and municipal service;
12) ensuring integrity, openness, fair competition and objectivity when placing orders for the supply of goods, performance of work, provision of services for state needs or the needs of local governments;
13) elimination of unreasonable prohibitions and restrictions, especially in the field of economic activity;
14) improving the procedure for the use of state and public property, state resources and resources of local governments (including the provision of state assistance and assistance from local governments), as well as the procedure for transferring rights to use such property and its alienation;
15) increasing the level of remuneration and social security of civil servants and municipal employees;
16) strengthening international cooperation and developing effective forms of cooperation with law enforcement agencies and special services, with financial intelligence units and other competent authorities of foreign states and international organizations in the field of combating corruption and the search, confiscation and repatriation of property obtained by corruption and located abroad ;
17) strengthening control over the resolution of issues contained in the appeals of citizens and legal entities;
18) transfer of part of the functions of state bodies to self-regulatory organizations, as well as other non-state organizations;
19) reduction in the number of civil servants and municipal employees with the simultaneous involvement of qualified specialists in the civil service and municipal service;
20) increasing the responsibility of public authorities and local governments and their officials for failure to take measures to eliminate the causes of corruption;
21) optimization and specification of the powers of state bodies and their employees, which should be reflected in administrative and official regulations.
Article 9
1. A citizen applying for a civil service or municipal service position included in the list established by the regulatory legal acts of the Luhansk People's Republic, as well as a person filling a civil service or municipal service position included in the list established by the regulatory legal acts of the Luhansk People's Republic, are obliged to provide the representative of the employer (employer) with information about their income, property and property obligations and about the income, property and property obligations of their spouse and minor children. The procedure for submitting the specified information is established by laws and other regulatory legal acts of the Luhansk People's Republic.
2. Information about income, property and obligations of a property nature, submitted by civil servants and municipal employees in accordance with this article, is information of a confidential nature, unless by law they are classified as information constituting a state secret.
3. It is not allowed to use information about income, property and obligations of a property nature of a civil servant or municipal employee, his wife (spouse) and minor children to establish or determine his solvency and the solvency of his wife (spouse) and minor children, for collection in direct or indirect form of donations (contributions) to the funds of public associations or religious or other organizations, as well as in favor of individuals.
4. Persons guilty of disclosing information about income, property and obligations of a property nature of a civil servant or municipal employee, his wife (spouse) and minor children, or using this information for purposes not provided for by laws, shall be liable in accordance with the legislation of the Lugansk region. People's Republic.
5. Information on income, property and property obligations of civil servants and municipal employees may be provided for publication by the mass media in the manner determined by the regulatory legal acts of the Luhansk People's Republic.
6. Checking the accuracy and completeness of the information on income, property and property obligations of a civil servant or municipal employee, his wife (spouse) and minor children specified in Part 1 of this article is carried out by the representative of the employer (head) or a person to whom such authority has been granted by the representative employer (manager), independently or by sending, in the manner established by the Head of the Luhansk People's Republic, a request to law enforcement agencies or state bodies exercising control functions about their data on income, property and property obligations of a civil servant or municipal employee, his wife (wife) and minor children.
7. Failure by a citizen, when entering the civil service or municipal service, to the representative of the employer (employer) of information about his income, property and property-related obligations, as well as about the income, property and property-related obligations of his wife (spouse) and minor children, or knowingly presenting false or incomplete information is the basis for refusing to admit the specified citizen to the state service or municipal service.
8. Failure by a civil servant or municipal employee to fulfill the duty provided for by Part 1 of this article is an offense entailing the release of a civil servant or municipal employee from a substituted position in the civil service or municipal service or bringing him to other types of disciplinary responsibility in accordance with the legislation of the Luhansk People's Republic.
9. The laws of the Lugansk People's Republic may establish more stringent prohibitions, restrictions, obligations, rules of official conduct for a civil servant or municipal employee.
Article 10
1. A civil servant or a municipal employee is obliged to notify the representative of the employer (employer), the prosecutor's office or other law enforcement agencies of all cases of appeal to him by any persons in order to induce him to commit corruption offenses.
2. Notification of the facts of treatment in order to induce to commit corruption offenses, with the exception of cases when these facts have been or are being checked, is an official (official) duty of a civil servant or municipal employee.
3. Non-fulfillment by a civil servant or a municipal employee of an official (service) duty, provided for in part 1 of this article, is an offense entailing his dismissal from the civil service or municipal service or bringing him to other types of responsibility in accordance with the legislation of the Luhansk People's Republic.
4. A civil servant or a municipal employee who has notified the representative of the employer (employer), the prosecutor's office or other law enforcement agencies about the facts of treatment in order to induce him to commit a corruption offense, about the facts of other civil servants or municipal employees committing corruption offenses, failure to provide information or knowingly submitting false or incomplete information about income, property and liabilities of a property nature, is under the protection of the state in accordance with the legislation of the Luhansk People's Republic.
5. The procedure for notifying the representative of the employer (employer) about the facts of treatment in order to induce a civil servant or municipal employee to commit corruption offenses, the list of information contained in the notifications, the organization of verification of this information and the procedure for registering notifications are determined by the representative of the employer (employer).
Article 11
1. A conflict of interest in the civil service or municipal service in this Law is understood as a situation in which the personal interest (direct or indirect) of a civil servant or municipal employee affects or may affect the proper performance of his official (official) duties and in which arises or may a contradiction arises between the personal interest of a civil servant or municipal employee and the rights and legitimate interests of citizens, organizations, society or the state, which can lead to harm to the rights and legitimate interests of citizens, organizations, society or the state.
2. The personal interest of a civil servant or municipal employee, which affects or may affect the proper performance of his official (official) duties, is understood as the possibility of obtaining by a civil servant or municipal employee in the performance of official (official) duties income in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties.
Article 12
1. A civil servant or municipal employee is obliged to take measures to prevent any possibility of a conflict of interest.
2. A civil servant or a municipal employee is obliged to notify his immediate superior in writing of a conflict of interest that has arisen or the possibility of its occurrence, as soon as he becomes aware of this.
3. The representative of the employer, if he became aware of the emergence of a public servant or municipal employee of a personal interest that leads or may lead to a conflict of interest, is obliged to take measures to prevent or resolve a conflict of interest.
4. Prevention or settlement of a conflict of interest may consist in changing the official or official position of a civil servant or municipal employee who is a party to a conflict of interest, up to his removal from the performance of official (official) duties in the prescribed manner, and (or) in his denial of benefits giving rise to a conflict of interest.
5. Prevention and settlement of a conflict of interest, to which a civil servant or municipal employee is a party, is carried out by recusal or self-recusal of a civil servant or municipal employee in the cases and in the manner prescribed by the legislation of the Luhansk People's Republic.
6. If a civil servant or a municipal employee owns securities, shares (participatory interests, shares in the authorized (share) capital of organizations), he is obliged, in order to prevent a conflict of interest, to transfer his securities, shares (participatory interests, shares in the authorized (reserve) capital of organizations) into trust management in accordance with the legislation of the Lugansk People's Republic.
Article 13
1. A citizen who has held positions in the civil service or municipal service, the list of which is established by the regulatory legal acts of the Luhansk People's Republic, within two years after dismissal from the civil service or municipal service, has the right to fill positions in commercial and non-profit organizations, if certain functions of managing these organizations were part of the official (service) duties of a civil servant or municipal employee, with the consent of the relevant commission on compliance with the requirements for official conduct of state civil servants of the Luhansk People's Republic and the settlement of conflicts of interest, which is given in the manner established by the regulatory legal acts of the Luhansk People's Republic.
2. A citizen who has filled positions in the civil service or municipal service, the list of which is established by the regulatory legal acts of the Lugansk People's Republic, within two years after dismissal from the state or civil service, is obliged, when concluding employment contracts, to inform the representative of the employer (employer) of information about the last place of his service .
3. Non-observance by a citizen who held positions in the civil service or municipal service, the list of which is established by the regulatory legal acts of the Luhansk People's Republic, after dismissal from the civil service or municipal service, of the requirement provided for by part 2 of this article, entails the termination of the employment contract concluded with the specified citizen.
4. When concluding an employment contract with a citizen who has held positions in the civil service or municipal service, the list of which is established by the regulatory legal acts of the Lugansk People's Republic, within two years after his dismissal from the civil service or municipal service, he is obliged to report the conclusion of such an agreement within ten days representative of the employer (employer) of a civil servant or an employee of local self-government bodies at his last place of service in the manner established by the regulatory legal acts of the Luhansk People's Republic.
5. Failure by the employer to fulfill the obligation established by part 4 of this article is an offense and entails liability in accordance with the legislation of the Luhansk People's Republic.
Article 14. Responsibility of individuals for corruption offenses
1. Citizens of the Luhansk People's Republic, foreign citizens and stateless persons for committing corruption offenses bear criminal, administrative, civil and disciplinary responsibility in accordance with the legislation of the Luhansk People's Republic.
2. An individual who has committed a corruption offense may, by a court decision, be deprived, in accordance with the legislation of the Lugansk People's Republic, of the right to hold public office, public service positions and municipal service.
Article 15. Liability of legal entities for corruption offenses
1. If, on behalf of or in the interests of a legal entity, the organization, preparation and commission of corruption offenses or offenses that create conditions for the commission of corruption offenses are carried out, liability measures may be applied to the legal entity in accordance with the legislation of the Luhansk People's Republic.
2. The application of measures of liability to a legal entity for a corruption offense does not relieve the guilty individual from liability for this corruption offense, just as bringing a natural person to criminal or other liability for a corruption offense does not relieve a legal entity from liability for this corruption offense.
3. The provisions of this article shall apply to foreign legal entities in cases provided for by the legislation of the Luhansk People's Republic.
Article 16. Final provisions
1. This Law shall enter into force 10 days after its official publication.
2. Prior to the adoption of legislation on municipal service, the concepts of “municipal service” and “municipal employee” used in the norms of this Law are understood to mean “service in local government bodies” and “employees of local government bodies”.
Anti-corruption legislation in China is very tough, in many ways even cruel. Chinese law provides for two types of death sentences: immediate execution and deferred execution up to two years. In the case of a reprieve, a person sentenced to death can avoid it if during these two years he behaves well and does not receive any reproaches in his direction. But in any case, he will not be able to avoid punishment: the execution will simply be replaced by imprisonment.
According to Ming Xin Pei, one of the directors of the Chinese program at the Carnegie Endowment for International Peace, this method is only a "symbolic gesture" that can intimidate some officials, but, unfortunately, does not touch the roots of the problem. He believes that China's anti-corruption measures are rather soft. There are also statistics, according to which only 6% of persons convicted of corruption are actually punished.
The anti-corruption struggle has been waged in China since the 1980s. Throughout all these years, the issue of corruption has been one of the most acute. The current leader of the country Hu Jintao, stating that "the life and death of the party and the state depends on the presence of a strong political will to punish and prevent the phenomena of corruption", is only a continuation of the course to eliminate corruption, the theory of which was laid down by Deng Xiaoping.
The fight against corruption in the Celestial Empire is carried out in different directions: various directives and resolutions on this issue are issued. Along with the already existing centralized structures for fighting corruption, such as the CPC Central Commission for Discipline Inspection and the Ministry of Control, in December 2007, the PRC leadership created the State Administration for the Prevention (Combating) Corruption, headed by Minister of Control Ma Wen. The functions of the new department, subordinate to the State Council of the PRC, include identifying corrupt officials, developing entire sets of anti-corruption measures, and even conducting their own investigations.
One of the types of struggle against "embezzlement" in China is the rotation of personnel in all government bodies, which contributes to the fact that officials do not have the opportunity to use the already established service, family, friendship and other ties that contribute to illegal actions. Montesquieu argued that, as “it is already known from the experience of the times, every person who has power is inclined to abuse it” and world history confirms this.
So China is fighting corrupt officials, forming their moral and ethical principles, as well as increasing their sense of duty and responsibility. For example, Hu Jintao developed a "moral code of eight principles" of behavior for Chinese citizens. In southern China, a party school that trains civil servants has launched special classes called "anti-corruption tai chi" that help fight the temptation to take a bribe through meditation, martial arts and strength exercises. Even a game technology called "Incorruptible Fighter" is involved, in which users destroy corrupt officials, and the movie "Fatal Decision" was made, which is a must-see for all government officials. And in Beijing, there is a “hot line”, through which any resident of the Celestial Empire can anonymously report the abuse of a particular person by his official position.
And of course, one of the main measures to combat corruption cannot be left without special attention - the death penalty. Since 1982, in accordance with the Criminal Code, bribery has been a crime and is punishable by either life imprisonment or execution. Over time, only the technology of the execution itself changed - instead of executions, more "humane" mortal injections were introduced - but the very existence of the execution remained.
But despite such a strong determination of the government in the fight against corruption, according to Chinese experts, the Chinese economy annually loses 13-17% of GDP and 20% of public finances fall into the hands of dishonest officials. corruption sentence bribery legislation
True, the life of those sentenced to prison in China is not so “difficult”, as the French newspaper Marian reports: special prisons were built for corrupt officials according to European standards, inside which there are office premises, banquet halls and balconies, and around there are tennis sports grounds courts, artificial reservoirs, gardens and parks. Surely, many officials have already ordered such a "number". And, despite the fact that the number of those convicted for bribes is huge, which, of course, pleases, there is an opinion in society that “big fraudsters make reports on the fight against corruption, medium-sized ones make audits, and small ones end up in jail.”
And how can one explain the fact that the government suppressed rallies and demonstrations of students against bureaucracy and corruption with the help of military force. Why does the government need to fight those who help it fight corruption? Wouldn't it have been better to join forces in the struggle for a common cause? And why, according to the results of the vote in the Standing Committee of the Chinese Politburo, for the fifth time, the bill on "disclosure of information on family income, ownership of property and funds of party members" submitted by the central government committee for discipline and the Ministry of Supervision did not pass. What are the party workers so afraid of?
The fourth president of the United States and one of the authors of the country's constitution, James Madison, wrote in The Federalist: “If angels ruled over people, there would be no need for any oversight of the government - external or internal. But in creating a government in which people will be in charge of people, the main difficulty lies in the fact that, first of all, it is necessary to ensure that the rulers have the opportunity to supervise the ruled; but after this it is necessary to oblige the rulers to oversee themselves. It turns out that the existence of corruption in the ruling circles is endless and any measures to prevent it are ineffective in practice.
Although, we know the examples of Sweden and Singapore, which won this "battle". And China, following the words of Deng Xiaoping that “you can’t fight crime with a soft hand and you can’t bring out social ugliness”, with the help of a “whip” it can be rid of the “evil” that prevents the country from prospering. And then the angels will rule the Celestial Empire.
And until the victory over bribe-takers has come, in today's China, when doing real business, one must, on the one hand, take into account the existence of widespread corruption, and on the other hand, one must remember about tough anti-corruption legislation and take into account the possibility of its application in relation to the businessman himself .
LAW OF THE KYRGYZ REPUBLIC Bishkek, dated August 8, 2012 N 153 On combating corruption (As amended by the Law of the Kyrgyz Republic dated May 17, 2014 N 70)
This Law establishes the basic principles of combating corruption, the legal and organizational framework for preventing and combating corruption, minimizing, eliminating the consequences of corruption offenses, and is also aimed at ensuring the national security of the Kyrgyz Republic, protecting the rights and freedoms of citizens and public interests from threats arising from manifestations corruption.
Article 1. Basic concepts used in this Law
Corruption- intentional acts consisting in the creation of an unlawful stable connection of one or more officials with authority with individuals or groups in order to illegally obtain material, any other benefits and advantages, as well as the provision of these benefits and advantages by them to individuals and legal entities, endangering the interests of society or the state.
Anti-corruption— activities of public authorities, local governments, civil society institutions, organizations and individuals within their powers:
1) to prevent corruption, including the identification and subsequent elimination of the causes of corruption (prevention of corruption);
2) to identify, suppress, disclose and investigate corruption offenses (fight against corruption);
3) to minimize, eliminate the consequences of corruption offenses;
4) to assist in the detection, prevention, suppression, disclosure and investigation of corruption offences.
Article 2. Legal basis for combating corruption
The legal basis for combating corruption is the Constitution of the Kyrgyz Republic, constitutional laws, this Law and other regulatory legal acts of the Kyrgyz Republic that have entered into force in the manner prescribed by law, international treaties to which the Kyrgyz Republic is a party, as well as generally recognized principles and norms of international law.
Article 3. Basic principles of combating corruption
Countering corruption in the Kyrgyz Republic is based on the following basic principles:
1) ensuring and protecting the fundamental rights and freedoms of man and citizen;
2) legality;
3) publicity and openness of the activities of state bodies and local governments;
4) the inadmissibility of any discrimination, infringement of rights and freedoms based on origin, gender, race, nationality, language, religion, political and religious beliefs, or on any other conditions and circumstances of a personal or social nature;
5) ensuring the protection of honor, dignity and business reputation of an individual and a citizen;
6) ensuring the legal regulation of the activities of the system of state authorities, the legality and publicity of their activities, state and public control;
7) improvement of the structure of the state apparatus, the apparatus of the local government, personnel work and the procedure for resolving issues that ensure the protection of the rights and freedoms, the legitimate interests of state and municipal employees;
8) the inadmissibility of delegating powers for state regulation and control over entrepreneurial activities to individuals and legal entities not authorized to carry out such activities;
9) the inevitability of liability for committing corruption offenses;
10) ensuring the safety of citizens assisting in the fight against offenses related to corruption;
11) mutual cooperation of the Kyrgyz Republic with foreign states, international organizations, civil society institutions and individuals.
Article 4. Subjects of corruption offenses
The subjects of corruption offenses include:
1) state and municipal employees, including persons holding political, special and senior administrative positions of the state and municipal service, as well as the Chairman of the National Bank of the Kyrgyz Republic and his deputies, members of the Board of the National Bank of the Kyrgyz Republic, employees of the National Bank of the Kyrgyz Republic who have committed corruption offenses ;
2) heads of institutions, organizations and enterprises whose activities are financed from the state and local budgets or in authorized capital which there is a state share (shares), committed corruption offenses, individuals and legal entities, including their officials and employees, illegally providing material and other benefits and benefits to civil servants and employees of the municipal service, as well as members of tender commissions, members of the Council for the selection of judges .
Article 5
1. Anti-corruption must be carried out by all state bodies and local self-government bodies, state and municipal employees within their functions and powers. The heads of state bodies, local self-government bodies and institutions, within their powers, ensure the fulfillment of the requirements of this Law and the application of the measures provided for by this Law. Heads of ministries, state committees, administrative departments, local governments and legal entities, regardless of their form of ownership, as well as citizens, provide assistance and necessary assistance to authorized anti-corruption units.
2. Identification, prevention and suppression of corruption offenses and bringing the persons guilty of their commission to justice within their competence shall be carried out by law enforcement agencies.
Article 6. Organizational bases for combating corruption
1. The President of the Kyrgyz Republic determines the main directions of the state policy in the field of combating corruption.
In order to ensure coordination of the activities of state bodies and local self-government bodies in the implementation of state policy in the field of combating corruption, by decision of the President of the Kyrgyz Republic, consultative and advisory bodies may be formed consisting of representatives of state authorities, law enforcement agencies, local self-government bodies and other persons (hereinafter referred to as bodies on coordination of activities in the field of combating corruption).
Decisions of bodies for coordination of activities in the field of combating corruption are implemented by decisions of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic.
Upon receipt of data on the commission of corruption offenses, the bodies for coordinating activities in the field of combating corruption transfer them to the relevant state bodies authorized to verify such data and take decisions based on the results of the verification in the manner prescribed by law.
2. The Jogorku Kenesh of the Kyrgyz Republic ensures the consideration and adoption of laws on anti-corruption issues, and also controls their implementation by executive authorities within their powers.
3. The Government of the Kyrgyz Republic distributes the main functions and tasks among the executive authorities that carry out counteraction to corruption.
4. The Prosecutor General of the Kyrgyz Republic and prosecutors authorized by him, within their powers, coordinate the activities of law enforcement, fiscal and other state bodies of the Kyrgyz Republic, government bodies and local self-government on issues of combating corruption, collect and analyze information on the state of corruption in the public administration system and local self-government, assess the effectiveness of the measures taken, the degree of threats to national security emanating from corruption, if necessary, make appropriate proposals for consideration by the secretariat of the Defense Council of the Kyrgyz Republic, and also exercise other powers in the field of combating corruption established by the legislation of the Kyrgyz Republic.
5. The Ministry of Justice of the Kyrgyz Republic, through the media or through Internet resources, carries out legal propaganda, expansion and dissemination of knowledge on the prevention of corruption among the population.
6. Law enforcement agencies, other state bodies, local self-government bodies and their officials are obliged to inform the prosecution authorities and authorized units for combating corruption of state bodies of the Kyrgyz Republic about known facts non-compliance by a state or municipal employee with restrictions and prohibitions, requirements for the prevention or settlement of conflicts of interest or failure to fulfill obligations established in order to combat corruption.
Article 7. Corruption Prevention Measures
Prevention of corruption is carried out by applying the following main measures:
1) formation in society of intolerance to corrupt behavior;
2) anti-corruption expertise of regulatory legal acts and their drafts;
3) consideration in public authorities, local governments, other bodies, organizations endowed by law with separate state or other public powers, at least once a quarter, issues of law enforcement practice, based on the results of court decisions that have entered into force on invalidating non-normative legal acts , unlawful decisions and actions (inaction) of these bodies, organizations and their officials in order to develop and take measures to prevent and eliminate the causes of identified violations;
4) presentation, in the manner prescribed by law, of qualification requirements for citizens applying for filling state or municipal positions and positions of state or municipal service, as well as verifying, in the prescribed manner, the information submitted by these citizens;
5) establishing as a basis for dismissal from a substituted position, dismissal of a person replacing a position of a state or municipal service included in the list established by the regulatory legal acts of the Kyrgyz Republic, from a substituted position of a state or municipal service or for applying in relation to his other measures of legal liability , for failure to provide information or submission of knowingly unreliable or incomplete information about their income, property and obligations of a property nature, as well as submission of knowingly false information about the income, property and obligations of a property nature of their spouse (spouse) and minor children;
6) the introduction into practice of the personnel service of state authorities, local governments of the rules, according to which the long-term, impeccable and effective performance of their official duties by a state or municipal employee must be taken into account when appointing him to a higher position, awarding him a special rank, class rank, diplomatic rank or with its encouragement;
7) development of institutions of public and parliamentary control over compliance with the legislation of the Kyrgyz Republic in the field of combating corruption.
Article 8
The main activities of state bodies and local governments to improve the effectiveness of combating corruption are:
1) implementation of a unified state policy in the field of combating corruption;
2) creation of a mechanism for interaction between state bodies and local self-government bodies with public and parliamentary commissions on combating corruption, as well as with citizens and civil society institutions;
3) adoption of legislative, administrative and other measures aimed at attracting state and municipal employees, as well as citizens to more active participation in combating corruption, at forming a negative attitude towards corrupt behavior in society;
4) the introduction of anti-corruption standards, that is, the establishment for the relevant area of activity of a unified system of prohibitions, restrictions and permits that ensure the prevention of corruption in this area;
5) providing citizens with access to information about the activities of state authorities and local governments;
6) priority application of measures to prevent corruption;
7) integrated use of political, organizational, information and propaganda, socio-economic, legal, special and other measures;
8) ensuring the independence of the media;
9) observance of the principles of independence of judges and non-interference in judicial activities;
10) improving the organization of the activities of law enforcement and regulatory authorities to combat corruption;
11) improvement of the procedure for passing the state and municipal service;
12) ensuring integrity, openness, fair competition and objectivity when placing orders for the supply of goods, performance of work, provision of services for state or municipal needs;
13) elimination of unreasonable prohibitions and restrictions, especially in the field of economic activity;
14) improving the procedure for using state and municipal property, state and municipal resources (including when providing state and municipal assistance), as well as the procedure for transferring rights to use such property and its alienation;
15) increasing the level of remuneration and social protection of state and municipal employees;
16) strengthening international cooperation and developing effective forms of cooperation with law enforcement agencies and special services, with financial intelligence units and other competent authorities of foreign states and international organizations in the field of combating corruption and the search, confiscation and repatriation of property obtained by corruption and located abroad ;
17) strengthening control over the resolution of issues contained in the appeals of citizens and legal entities;
18) transfer of part of the functions of state bodies to local governments, self-regulatory organizations, as well as other non-governmental organizations;
19) attracting qualified specialists to the state and municipal service;
20) increasing the responsibility of state authorities and local self-government bodies and their officials for failure to take measures to eliminate the causes of corruption;
21) optimization and specification of the functions and powers of state bodies, state administration bodies, local self-government and their employees, which should be reflected in the administrative and job descriptions, other normative legal acts.
Article 9
1. A state or municipal employee is obliged to notify in writing the representative of the employer (employer), the prosecutor's office, the authorized body in the field of national security or other state bodies of all cases of appeal to him by any persons in order to induce him to commit corruption offenses.
2. Notification of the facts of treatment in order to induce to commit corruption offenses, except for cases when these facts have been or are being checked, is an official (official) duty of a state or municipal employee.
3. Non-fulfillment by a state or municipal employee of the official (service) duty provided for by part 1 of this article is an offense entailing his dismissal from the state or municipal service or bringing him to other types of liability in accordance with the legislation of the Kyrgyz Republic.
4. A state or municipal employee who has notified the representative of the employer (employer), prosecution authorities or other state bodies about the facts of treatment in order to induce him to commit a corruption offense, about the facts of commission of corruption offenses by other state or municipal employees, failure to provide information or submission of knowingly unreliable or incomplete information about income, liabilities and property, is under the protection of the state in accordance with the legislation of the Kyrgyz Republic.
5. A state or municipal employee is obliged to take measures to prevent any possibility of a conflict of interest.
6. A state or municipal employee is obliged to notify his immediate supervisor in writing of a conflict of interest that has arisen or the possibility of its occurrence, as soon as he becomes aware of it.
7. The representative of the employer, if he became aware of the emergence of a state or municipal employee of a personal interest that leads or may lead to a conflict of interest, is obliged to take measures to prevent or resolve a conflict of interest.
8. Prevention or settlement of a conflict of interest may consist in changing the official or official position of a state or municipal employee who is a party to a conflict of interest, up to his removal from the performance of his official (official) duties in the prescribed manner, and (or) in his denial of benefits, giving rise to a conflict of interest.
9. Failure by a state or municipal employee who is a party to a conflict of interest to take measures to prevent or resolve a conflict of interest is an offense entailing the dismissal of a state or municipal employee from the state or municipal service.
10. In the event that a state or municipal employee owns securities, shares (participatory interests, shares in the authorized (share) capital of organizations), he is obliged, in order to prevent a conflict of interest, to transfer his securities, shares (participatory interests, shares in the authorized ( joint) capitals of organizations) into trust management in accordance with the legislation of the Kyrgyz Republic.
11. Employees holding positions in public institutions, organizations and enterprises of the Kyrgyz Republic, the Compulsory health insurance, other legal entities created by the Kyrgyz Republic on the basis of the laws of the Kyrgyz Republic, employees filling certain positions on the basis of an employment contract in legal entities created to perform tasks assigned to state bodies are obliged, in accordance with Articles 9-11 of this Law, to notify about the application to them of any persons in order to induce them to commit corruption offenses and take measures to prevent any possibility of a conflict of interest in the manner determined by the regulations of state bodies, institutions, organizations and enterprises of the Kyrgyz Republic, the Compulsory Medical Insurance Fund, other legal entities created the Kyrgyz Republic on the basis of the laws of the Kyrgyz Republic.
Note. The inducement to commit corruption offenses is understood as the incitement of a state or municipal employee to the determination to commit certain acts in order to illegally obtain material, any other benefits and advantages, as well as the provision of these benefits and advantages to individuals and legal entities, contrary to the interests of the service, society or states.
Article 10. Guarantees of state protection of persons assisting in the fight against corruption
1. Information about a person providing assistance in the fight against corruption is a state secret and is provided only upon written requests from state bodies authorized to fight corruption, or courts in the manner prescribed by the legislation of the Kyrgyz Republic.
2. A person who knowingly provided false information about the facts of manifestation of corruption shall be liable in accordance with the procedure established by the legislation of the Kyrgyz Republic.
Article 11. Special requirements for persons applying for state and municipal service
1. Citizens of the Kyrgyz Republic applying for state and municipal service shall voluntarily assume the restrictions established by this Law and other regulatory legal acts in order to prevent corruption offenses. At the same time, they are informed about the legal consequences of prohibited actions in accordance with the legislation of the Kyrgyz Republic.
2. Acceptance of restrictions is reflected in a written commitment. Non-acceptance of restrictions (in whole or in part) entails a denial of employment in the state and municipal service.
Article 12. Measures of financial control
1. Citizens of the Kyrgyz Republic applying for state and municipal service submit to the relevant tax authorities information on all income and property owned by them by right of ownership, including the right to claim property.
2. State and municipal employees, heads of institutions, organizations and enterprises whose activities are financed from the state and local budgets or in the authorized capital of which there is a state share (shares), when opening personal accounts in a banking institution or financial and credit institutions of the Kyrgyz Republic or a foreign states are obliged, within three days from the moment of opening accounts, to notify the tax authorities at the place of residence in writing about their account numbers and details of a banking institution.
Failure to submit such notification entails liability in accordance with the procedure established by the legislation of the Kyrgyz Republic.
The information provided for by this article, received by the tax service bodies, constitutes an official secret. Persons who divulged this information are liable in the manner prescribed by the legislation of the Kyrgyz Republic.
Article 13
1. Unless otherwise established by the regulatory legal acts of the Kyrgyz Republic, employees who fill certain positions on the basis of an employment contract in legal entities created to perform tasks assigned to state bodies and local governments are subject to restrictions, prohibitions and obligations established for state and municipal employees serving in the relevant state bodies and local governments, in the manner prescribed by the regulatory legal acts of the Kyrgyz Republic.
2. For employees holding positions in state institutions, organizations and enterprises of the Kyrgyz Republic, the Compulsory Medical Insurance Fund, other legal entities created by the Kyrgyz Republic on the basis of laws, employees holding certain positions on the basis of an employment contract in legal entities created to perform tasks placed before state bodies, in the manner determined by the regulatory legal acts of the Kyrgyz Republic, are distributed taking into account the specifics due to their legal status, restrictions, prohibitions and obligations established in respect of persons holding positions in the public service, this Law and the relevant articles of the Law of the Kyrgyz Republic "On Public Service".
Article 14. Offenses that create conditions for corruption and liability for them
1. Offenses that create conditions for corruption are the following actions or inaction of state and municipal employees:
1) unlawful interference in the activities of other state bodies, local governments and legal entities;
2) the use of their powers in resolving issues affecting their personal interests, the interests of close relatives (parents, children, spouses, brothers and sisters) or in-laws (parents of brothers, sisters and children of spouses);
3) provision of benefits not provided for by law to a person upon admission and promotion in the state or municipal service;
4) provision of unlawful preference to individuals and legal entities in the preparation and adoption of decisions affecting the interests of these persons;
5) participation as attorneys of individuals and legal entities in the affairs of state bodies, local governments, state enterprises and institutions in which they are employed or which are subordinate to, controlled or accountable to them;
6) use for personal or group interests of information that is not subject to official dissemination and obtained in the performance of state functions;
7) unjustified denial of information to individuals and legal entities, the provision of which is provided for by law, its untimely provision or transmission of false or incomplete information;
8) requirement from individuals or legal entities of information, the provision of which is not provided for by law;
9) transfer of state or municipal financial and other material resources to the election funds of candidates and public organizations, as well as their illegal transfer to other citizens and legal entities;
10) giving gifts, providing material and other benefits, rendering off-duty services to higher officials, with the exception of symbolic signs of attention and symbolic souvenirs during protocol and other official events;
11) participation in gambling of a monetary or other property nature with superior or inferior officials or officials who are otherwise dependent on service or work;
12) delegation of powers for state regulation entrepreneurial activity individuals and legal entities engaged in such activities, as well as control over it, unless otherwise provided by the legislation of the Kyrgyz Republic.
2. The commission by state and municipal employees of any of the offenses specified in Part 1 of this Article, if it does not contain signs of a criminally punishable act, shall entail the imposition of a disciplinary sanction, including dismissal from their positions with subsequent dismissal from the state and municipal service.
3. It is prohibited to participate in tenders financed from the republican and local budgets, companies whose founders or participants are persons or their close relatives holding political state, political municipal positions, special state positions, as well as positions in the prosecutor's office and other law enforcement agencies.
Article 15. Media coverage of corruption offenses
1. Mass media in accordance with the legislation of the Kyrgyz Republic form civil position aimed at preventing and preventing corruption, creating an environment of moral purity and legal culture in the systems of state and municipal services.
2. State bodies and local self-government bodies through the mass media inform the public on the basis of published information about the facts of manifestations of corruption. This information is published in the same media where it was originally published.
Information provided to the media should be of a confirming or refuting nature of the fact of manifestation of corruption.
Article 16. International cooperation of the Kyrgyz Republic in the field of combating corruption
1. The Kyrgyz Republic, in accordance with the UN Convention against Corruption, international treaties of the Kyrgyz Republic, and on the basis of reciprocity, cooperates in the field of combating corruption with foreign states, their law enforcement agencies, special services, courts and international organizations in order to:
1) strengthening cooperation with foreign states, international and other non-governmental organizations in the field of combating corruption;
2) expanding the interaction of law enforcement agencies and special services of the Kyrgyz Republic with similar structures of foreign states, the implementation of joint activities to identify, prevent and suppress corrupt practices;
3) convergence of national legislation in the field of combating corruption in terms of issues of state presence in the economy, introduction international standards accounting, training of personnel, interaction in the development of anti-corruption programs, development and implementation of promotional measures;
4) identification of persons suspected (accused) of committing acts of corruption, their location, as well as the location of other persons involved in acts of corruption;
5) detection of property obtained as a result of committing acts of corruption or serving as a means of committing them, identifying or tracing proceeds of crime, property, means of committing crimes or other items for the purposes of proof;
6) exchange of information on anti-corruption issues, study, generalization and implementation of international practice in combating the "shadow economy" and corruption;
7) provision of any other type of assistance that does not contradict the internal legislation of the Kyrgyz Republic;
8) coordination of anti-corruption activities.
2. Foreign citizens, stateless persons not permanently residing in the Kyrgyz Republic, foreign legal entities with civil legal capacity, established in accordance with the legislation of foreign states, international organizations, as well as their branches and representative offices (foreign organizations), accused (suspected) in committing corruption offenses outside the Kyrgyz Republic, are subject to liability in accordance with the legislation of the Kyrgyz Republic in cases and in the manner prescribed by international treaties of the Kyrgyz Republic and the laws of the Kyrgyz Republic.
Article 17. Financial and logistical support for preventing and combating corruption
Financial and logistical support for anti-corruption activities is carried out at the expense of the republican and local budgets, as well as the attracted resources of international organizations and donor countries through technical and advisory assistance to support the activities of state bodies and other organizations engaged in activities in the field of combating corruption in the training and retraining of personnel, exchange of experience, development and implementation of anti-corruption measures and programs.
The Jogorku Kenesh of the Kyrgyz Republic determines the validity and expediency of public spending and exercises parliamentary control over the effectiveness of the use of budgetary funds aimed at financing and logistical support of anti-corruption activities.
Article 18. Entry into force of this Law
1. This Law shall enter into force on the day of its official publication.
2. To the Government of the Kyrgyz Republic:
Take appropriate measures to implement this Law;
Bring your decisions in line with this Law.
3. Recognize as invalid:
Law of the Kyrgyz Republic "On Combating Corruption" of March 6, 2003 N 51 (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2003, N 5, Art. 217);
Law of the Kyrgyz Republic “On Amendments to the Law of the Kyrgyz Republic “On Combating Corruption” dated February 26, 2009 N 71 (Bulletin of the Jogorku Kenesh of the Kyrgyz Republic, 2009, N 2, Art. 144).