New laws have been introduced to combat corruption.

Corruption either involves the giving or taking of bribes or it involves actions by officials abusing their position or power which both damage the lawful interests of society or the state and are aimed at obtaining profits (including valuables, property, property services or property rights). It can be committed by companies where the corrupt activities take place on their behalf or in their interests.

Under the new laws, independent organisations are responsible for ensuring that legal instruments and drafts do not contain any corrupt mechanisms.

State officials now face dismissal if they fail to report their income, property and liabilities (and that of their spouse and under-age children) or if they fail to report an attempt to corrupt them. Conflicts of interest have also been banned and a mechanism to resolve them introduced.

State officials also need to receive a good reference when applying for new positions, and to disclose to new employers any previous positions held in the public service within the previous two years.

Separate legislation has also imposed a ban on state officials receiving gifts in cash or in kind, except those up to RUR 3000 (c. US$90) received at protocol events, official events or on official business trips. All other gifts automatically become state property. State officials may also buy back presents received on protocol events.

The rules for state officials apply to anyone holding a professional post in a federal state service or a regional state civil service who is paid out of the federal or regional budget. There is no public register of the names and positions of state officials, although there is a publicly-available list of job titles for state officials as well as confidential lists of civil servants' names and other personal details kept by each state body.

From 1 July 2009, courts will also be required to be more transparent about their activities. This includes posting on the internet general information about the court, its structure and powers as well as details of court rules, laws regulating its activities and any instructions for keeping records of court proceedings. Case information must also be published, including:

  • the title, subject and status of each matter
  • hearing dates and appeal procedures
  • transcripts of court orders immediately after being adopted (except those relating to state security, adoption, sexual offences, limiting legal capacity, compulsory psychiatric hospitalisation, divorce and facts of legal significance such as declaring a missing person deceased)
  • contact information
  • information on judicial vacancies, candidate requirements and terms and conditions of application
  • information on court procurement

Law: Federal Law 273-FZ On Countermeasures against Corruption; Federal Law 280-FZ On Access to Information on Court Activities in the Russian Federation; Federal Law 79-FZ On the State Civil Service

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

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The original publication date for this article was 22/06/2009.