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December 23, 2012

 

 

United Nations Office On Drugs and Crime (UNODC)

Corruption and Economic Crime Branch

Commission on Crime Prevention and Criminal Justice

United Nations Interregional Crime and Justice Research Institute (UNICRI)

 

 

Dear Sir/Madame,

 

Organization "Yakutia - Our Opinion" is NGO in Special Consultative Status with ECOSOC.

The organization carries out its activities on the territory of the Republic of Sakha (Yakutia), the largest constituent entity of the Russian Federation.

The main purposes of organization "Yakutia - Our Opinion" are:

- ;-awareness about the real situation;

- ;-protection interests of multinational people of Yakutia and Russia;

-m- ;onitoring and formation public opinion,

- ;-formation objective idea for citizens to what is happening;

-anti-corruption activity;

- .-direction of social activity of citizens in constructive way to realization constitutional rights to dignity and free development.

The main purpose - promotion of the implementation of international norms in Russia through public awareness, encouraging expression of civic engagement and the development of relevant documents (reports, resolutions, appeals and others) at the UN and other international organizations for implementation and enforcement of incentive measures in relation to Russia.

It is necessary to bring the Russian legislation into compliance with international standards at decent life, especially the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Declaration on the Rights of Indigenous Peoples, The United Nations Convention against Corruption and other international instruments.

The important direction of our activity is anti-corruption activity.

In 2010 the organization received the accreditation of the Ministry of Justice of Russian Federation for anti-corruption expertise.

8 anti-corruption expertises are held. We undertake several anti-corruption investigations against officials including the members of the government of the Republic Sakha (Yakutia).

Many corruptioners launder criminal money and has criminal business at the international level. Therefore international community must be united in fight with corruption.

 

I send you 2 anti-corruption initiatives

(in attached files proposal_1_eng. doc, proposal_2_eng.doc):

1. Priority measures to develop legal bases of activity of the non-governmental anti-corruption organizations

2. The proposal of amendments to The Decree of the Government of the Russian Federation No.96 of February 26, 2010 On anti-corruption expertise of normative legal acts and draft normative legal acts.

I have repeatedly addressed with these initiatives to the Russian authorities. However, they were denied in their promotion and implementation.

I ask you to analyze them and to support their promotion.

I ask you to adopt the initiatives and send them in form of The Appeal to Russian President Vladimir Putin, Russian Prime Minister Dmitry Medvedev, the Government of Russian Federation, the Federal Assembly of the Russian Federation and other state bodies.

 

I want to participate in the regular meetings of the United Nations Office On Drugs and Crime, the Commission on Crime Prevention and Criminal Justice (CCPCJ), the United Nations Interregional Crime and Justice Research Institute and other anti-corruption bodies.

I hope that you will invite me at these UN meetings.

 

According to ECOSOC Resolution 1996/31 please analyze this information and offer the most effective forms of participation in the UN activity through:

-participation in the UN activity (written statements, oral presentations);

-consultations with the UN bodies;

-undertaking studies for the UN bodies;

-organizing own events at the UN with your consent.

Due to lack of financial resources, please consider funding for our organization and suggest involvement in the United Nations projects and programs.

I hope for constructive cooperation in the future.

 

More information about plan of work with the UN Bodies at

http://yakutian.org/eng/letter.htm

You can get additional information about corruption in Russia on the links:

- http://www.lidings.com/ru/articles2?id=26

- http://en.wikipedia.org/wiki/Corruption_in_Russia

- http://transparency.org.ru/en

 

 

Sincerely,

Stepan Yu. (Yurievich) Petrov

Chief of the Non-governmental Organization Yakutia - Our Opinion

 

 

 

PRIORITY MEASURES

TO DEVELOP LEGAL BASES OF ACTIVITY OF THE

NON-GOVERNMENTAL ANTI-CORRUPTION ORGANIZATIONS

 

 

MEASURE no.1 To ensure equal participation of civil society institutions in a real fight against corruption requires adjustment of the legislation and creation of the legal basis of activity of the independent anti-corruptioners - non-governmental anti-corruption organizations by:

DEVELOPMENT AND ADOPTION OF THE FEDERAL LAW OF THE RUSSIAN FEDERATION ON NON-GOVERNMENTAL ANTI-CORRUPTION ORGANIZATIONS .

The main objectives, tasks, principles and directions of this law shall be:

1.1.-definition of the mechanism of participation of independent anti-corruptioners in the implementation of the state policy of counteraction to offences related to the violation of human rights and violation of the law in public life;

1.2.-definition of the legal status of independent anti-corruptioners through the development of their rights, duties, responsibilities and rules of activity;

1.3.-conditions and order of transfer of state functions and powers to independent anti-corruptioners for certain period in order to carry out specific tasks or participating in specific investigations;

1.4.-development and definition of efficiency indicators and criteria for evaluation of activities with focus on the determination of the level of impact of their activities on the socio-political stability, ease social tensions and crime, support of measures of the state policy;

1.5.-introduction budget financing of independent anti-corruptioners through the development of a mechanism for placement of the state order for their participation in the implementation of the specific measures of state policy of counteraction to corruption, the development of appropriate targeted programmes and the definition of other sources of budget financing;

1.6.-providing employees, included in the personnel on the staff, decent wages and related social guarantees, comparable with the status of law enforcement personnel;

1.7.-assistance by law enforcement and enforcement authorities through operational security activities, provision of informational, methodological and consulting support and maintenance;

1.8- assistance by independent anti-corruptioners for operational and investigative activities of law-enforcement bodies through the inclusion of NGOs in operational-investigative groups, expert-analytical support of investigation, interaction on specific issues, participation in the gathering of evidence and other events;

1.9.-development of approaches to interaction and specification of certain aspects of the joint activity on the basis of the conclusion of contracts and agreements on cooperation with the Investigative Committee of the Russian Federation, the Prosecutor's office of the Russian Federation, Ministry of internal Affairs of the Russian Federation, Federal security service of the Russian Federation, Audit chamber of the Russian Federation and other state power bodies, their regional subdivisions;

1.10-transfer to the Audit chamber of the Russian Federation and other financial control state bodies functions of management and coordination of the activity of the independent anti-corruptioners with a view to ensuring the full use of the scientific and methodological potential and practical experience of financial control of these bodies;

1.11.-legislative securing of access of accredited independent anti-corruptioners to all possible channels, instruments and mechanisms used in environmental enforcement and law-enforcement bodies, bodies of financial intelligence and state security;

1.12-participation. independent anti-corruptioners in conducting adequate pre-criminal-legal assessment of corruption offences on the basis of establishment of all the cause-and-effect relations of committed acts with the aim of preventing situations of exclusion of criminal responsibility by corrupted officials, when corruption offences, falling under articles of the Criminal code of the Russian Federation, are classified as administrative violations in the form of minor violations of the budget legislation and do not reach the initiation of criminal cases;

1.13-participation of independent anti-corruptioners in ensuring optimal interaction between financial control state bodies and law enforcement bodies with a view to overcoming the situation of low efficiency of state authorities to detect corruption offences, when authorized law enforcement bodies of financial control not have the right to initiate criminal proceedings, and law enforcement authorities or are not competent enough or they did not have enough labor and time resources;

1.14-getting independent anti-corruptioners state protection and immunity from criminal encroachments of stakeholders in the including by empowering their employees immunity just like the status of judges and prosecutors;

1.15-allocation of firearms and other special means of self-defense to the staff of accredited non-governmental anti-corruption organizations;

1.16.-providing for the employees of accredited non-governmental anti-corruption organizations special protection to ensure the personal security in cases of massacre threat from third party and in the period of participation in the investigation of particularly important cases;

1.17-development of the mechanism of accreditation and control over the activity of independent anti-corruptioners with the aim of thorough check of applicants and to prevent persons with unlawful motivation;

1.18-limitation of the participation of independent anti-corruptioners in the activities connected with the measures for restriction of rights and freedoms of citizens, suspected of corruption, in order to compliance with the norm of exclusive right of state bodies on functions of providing security and law-enforcement.

 

MEASURE no.2 To increase the participation of civil society institutions in the fight against corruption are needed:

-adjustment of the National anti-corruption strategy of the Russian Federation, the National anti-corruption plan of the Russian Federation and legal acts in the context of reinforcement of the role of independent anti-corruptioners and definition of the level of their participation in the implementation of the state anti-corruption policy;

-development of the mechanism of placement state order for the participation of independent anti-corruptioners in the implementation of the specific measures of state anti-corruption policy.

 

MEASURE no.3 Change Federal laws of the Russian Federation On Counteraction to Corruption, On anti-corruption expertise of normative legal acts and draft normative legal acts and other legal acts:

-through the introduction of an additional clause on the payment of the monetary remuneration to independent anti-corruption experts in case of revealing corruption factors and address them in a particular normative legal act.

 

MEASURE no.4 Adjustment article 13 of the Federal law "On operative-investigative activity:

-through making independent anti-corruptioners in the list of the bodies, engaged in the operational-investigative activity, with precise regulation of rights and responsibility for counteraction to their anti-corruption activities.

MEASURE no.5 To overcome the major causes of corruption

-in the form of unfair and unjust redistribution of national wealth from the state to the citizens and the availability of a large number of intermediary state and commercial structures for the delivery of material and financial resources to the citizens, as well as promote reduction of the risks of corruption and stimulate internal demand, it is necessary to implement the global fair practice of the target-oriented rental payments from the use of resources in favour of each citizen of the country by

ADOPTION OF THE FEDERAL LAW ON "NATURAL RENT" - "ON THE RIGHTS OF THE CITIZENS OF THE RUSSIAN FEDERATION ON THE INCOME FROM THE USE OF NATURAL RESOURCES OF THE RUSSIAN FEDERATION".

 

FOR the IMPLEMENTATION of MEASURES NO.1,2 I PROPOSE to MAKE the fOLLOWING CHANGES IN the NATIONAL STRATEGY of the Russian Federation On Counteraction to Corruption AND NATIONAL anti-CORRUPTION PLAN of the Russian Federation On Counteraction to Corruption, APPROVED by the DECREE of the PRESIDENT of the Russian Federation 460 OF aPRIL 13, 2010.

 

1.) To make the following changes in the National strategy of the Russian Federation On Counteraction to Corruption:

1.1.) in paragraph 8 of Chapter 4 Main directions of implementation to make an additional clause:

The national strategy On Counteraction to Corruption is implemented in the following main areas:

-ensuring the participation of non-governmental anti-corruption organizations in the implementation of the state policy of counteraction to offences related to the violation of human rights and violations of the law in public life;

-ensuring direct participation of non-governmental through organizations in the activities of the Federal state bodies, the state bodies of the subjects of the Russian Federation, municipal bodies and law-enforcement bodies in counteraction to corruption through giving them state functions and powers for a certain period in order to perform specific tasks or participation in specific cases.

1.2). in paragraph 9 of part 5 Mechanism of realization to make an additional clause:

The national strategy On Counteraction to Corruption is implemented non-governmental anti-corruption organizations

through organization of effective interaction with the state bodies of all levels and specification of individual aspects of the joint activity on the basis of the conclusion of contracts and agreements on cooperation with the Investigative Committee of the Russian Federation, the Prosecutor's office of the Russian Federation, Ministry of internal Affairs of the Russian Federation, Federal security service of the Russian Federation, Audit chamber of the Russian Federation and other state power bodies, their regional subdivisions;

 

2.) To make an additional clause in the National plan of counteraction to corruption of the Russian Federation:

2.1. The Investigative Committee of the Russian Federation, the Prosecutor's office of the Russian Federation, the Ministry of justice of the Russian Federation, Ministry of internal Affairs of the Russian Federation, Federal security service of the Russian Federation together with the interested civil society institutions consider development AND ADOPTION of the FEDERAL LAW ON non-governmental anti-CORRUPTION ORGANIZATIONS;

2.2. The Government of the Russian Federation:

-envisage measures for the introduction of the budget financing for non-governmental anti-corruption organizations through development of a mechanism for placement of state order for their participation in the implementation of the specific measures of state anti-corruption policy, development of appropriate targeted programmes and identification of other sources of budget financing.

 

 

 

The proposal of amendments to

The Decree of the Government of the Russian Federation

No.96 of February 26, 2010

On anti-corruption expertise of normative legal acts

and draft normative legal acts

 

Sources of corruption factors:

1. The Decree of the Government of the Russian Federation No.96 of February 26, 2010 On anti-corruption expertise of normative legal acts and draft normative legal acts.

2. Methodology of the primary analysis (expertise) of corruption potential of normative legal acts. Authors: E.V. Talapina, V.N. Yuzhakov. The editorship of N.Yuzhakov.

Moscow. Center for Strategic Research, 2007.

3. The list of self-developed corruption factors in the result of:

- own systematic and comprehensive analysis,

- anti-corruption expertise to identify other corruption factors on the basis of specialized expertises,

- analysis of the existing corruption practices and other possible ways of identifying provisions that contribute to corruption.

 

Currently, the official method for anti-corruption expertise of accredited independent experts is the methodology approved by The Decree of the Government of the Russian Federation No.96 of February 26, 2010. Its list includes 11 corruption factors (marked with *).

However, legislators recognize the need for constant upgrading of anti-corruption legislation and the new conditions of corruption. It is noted that this list is not exhaustive.

In 2004, Russian authorities has officially recognized that the basis of corruption is low-quality legislation, so there was a need for ongoing and systematic anti-corruption legislation expertise.

The result of practical work in this direction has been the primary method of analysis (expertise) of corruption potential of normative legal acts. The method was developed by the Centre for Strategic Research and the Anti-corruption expertise Center of the Institute of modernization of Public Administration in 2007 and has been successfully tested by the Anti-Corruption Commission of the State Duma, the Government Commission for the administrative reform, the federal and regional authorities. It has been developed with the anti-corruption procedures of the World Bank, in accordance with international anti-corruption norms.

 

In addition, it is noted that the expert should, on the basis of own experience, identify and prevent other corruption factors have not found the previously as typical.

However, The Decree of the Government of the Russian Federation No.96 of February 26, 2010 includes only 11 corruption factors.

Therefore, there is the need to complement the existing methodology corruption factors from:

- Methodology of the primary analysis (expertise) of corruption potential of normative legal acts, developed by the Center for strategic research under the numbers 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 according to the List;

- The list of self-developed corruption factors under the numbers 23, 24, 25, 26, 27, 28, 29 according to the List .

 

We present to your attention list of corruption factors, proposed to make amendments in Decree of the Government of the Russian Federation No.96 of February 26, 2010

 

List of typical and other corruption factors of

normative legal acts and their projects

 

Note. By the symbol * marked factors that are included in The Decree of the Government of the Russian Federation No.96 of February 26, 2010

By the symbol + marked factors that are recommended included in the List

 

A. Corruption-factors associated with implementation of authorities of government

1. Latitude of discretionary authorities

*

 

2. Definition of competence according to the formula have the right to

*

 

3. Excessive demands to the person, specified for the realization of his right

*

 

4. Abuse of the right of the applicant

*

 

5. Selective alteration of rights

*

 

6. Excessive freedom of sub-legislative activity

*

 

7. Legal and linguistic corruption potential

*

 

8. Adoption of normative legal acts of executive body beyond competence

*

 

9. Filling legislative gaps with normative legal acts of executive body

*

 

B. Corruption-factors associated with the presence of legal gaps

10. Gap in the regulation

 

+

11. Lack of administrative procedures

*

 

12. Lack of competitive (auction) procedures

*

 

13. Absence of prohibitions and restrictions for officials in the particular field of activity

 

+

14. lack of liability of officials

 

+

15. Lack of control over state bodies and officials

 

+

16. Violation of transparency of information

 

+

C. Corruption-factors of systemic nature

17. False goals and priorities

 

+

18. Regulatory collisions

 

+

19. Imposed corruption potential

 

+

G. Manifestation of corruption

20. Formal technical corruption potential

 

+

21. Failure of normative legal acts

 

+

22. Violation of the balance of interests

 

+

Other non-typical (self-developed) corruption-factors

 

 

23. Implementation of non-state interests

 

+

24. Unconstitutional establishment of the significant advantages of state and municipal officials

 

+

25. Establishment of dependence of civil society from state authorities

 

+

26. Failure of publication of normative and enforcement legal acts affecting the rights, freedoms and duties of human and citizen, and their application

 

+

27. Unlawful adoption of non-published enforcement legal acts for regulation important life areas instead of adoption of published normative legal acts

 

+

28. Restriction of free access to legal acts, information and publicly available personal data of recipients of the budgetary funds

 

+

29. Absence of specific and effective control mechanisms of civil society over activities of state and municipal authorities

 

+

Number of factors

11

18

 

Comments to other non-typical

(self-developed) corruption-factors

 

23. Implementation of non-state interests - any use of official position in order to help legal and physical persons for extraction of improper benefits on the basis of ineffective use of budget funds to detriment of interests of the state.

This factor includes properties of the following typical corruption factors and is a private case of them:

- regulatory collision in context of contradiction between regional normative legal acts and federal legislation;

-violation of the balance of interests in context of infringement of interests of the state and society by means of unlawful enrichment of commercial and private individuals.

Specificity of the factor is that extraction of the benefits takes place without violations of criminal, administrative and other legislation in the form of the deliberate inefficient placement, distribution and use of budget funds according to the principle everything according to the law, but is not in interests of the state and society. In some cases, there are minor violations of specialized legislation, for example, the budget legislation.

 

24. Unconstitutional establishment of the significant advantages of state and municipal officials - the establishment of the advantages of state and municipal officials with violation of the constitutional principle of equality of all citizens in the provision of public and municipal services, connected with allocation of scarce budgetary funds and implementation of the constitutional rights of citizens to decent life (the right on housing and social security, equal access to health services, education and communal services, other material and non-material benefits allocated by state bodies).

Corruption potential is to establishment significant advantages, providing fold excess of (in 2 and more times) the life level of the state and municipal officials in part of cash income and social guarantees from the life level of ordinary citizens. It is the basis of considerable social differentiation and provokes growth of social tensions and may cause destabilization of political situation.

 

25. Establishment of dependence of civil society from state authorities - the establishment of direct and indirect dependence of the institutions of civil society involved in making important state decisions from state authorities and officials with the aim of lobbying of interests, in the basis of which may be corruption motives, through the use of administrative and financial resources.

The factor is a private case corruption factor violation of the balance of interests in context of infringement of interests of the state and society by means of substitution of free public voice on important public issues to motives of implementation of the illegal and corruption interests.

This factor is extremely destructive and threatens the statehood. It is violation of the basic principle of democracy that the only source of power is the people. Controlled by authorities people's expression of will serves the purpose of satisfaction of the needs of corrupted officials.

At the present time important direction of modernization of the state mechanism is the transfer of some state powers on adoption important decisions to society, promotion implementation of civil control and strengthening of the role of consultative and coordinating bodies with participation of non-governmental organizations.

This has become obstacle to corruption included any use of official position in order to extract the improper benefits. Official position of officials is not enough for corruption offences.

However, the strategic thinking and the desire to steal meant that the preventive anti-corruption measure transformed from the instrument of counteraction to corruption to the integral part of corruption process. Corrupted officials managed to turn it in good, not harm.

The actual is the thesis the main thing is not the external form and content but the essence and foundation. No good laws and propagation of the total control will not help to avoid corruption. The main thing is the personal motivation of officials and the presence of constraints. Honest officials will comply with the law and will not use the corruption opportunities. And dishonest officials in any case will find the corruption opportunities.

It should be noted that the tendency of some bodies of state authorities and officials to expand the power and influence on making important decisions do not directly indicate corruption motives.

However, corruption trends of recent years show that in the basis of expansion of powers of officials is not care about the rule of law and the interests of people, and the purpose of extraction of improper corruption benefits.

 

26. Failure of publication of normative and enforcement legal acts affecting the rights, freedoms and duties of human and citizen, and their application

 

27. Unlawful adoption of non-published enforcement legal acts for regulation important life areas instead of adoption of published normative legal acts unlawful adoption of non-published enforcement legal acts for regulation important life areas affecting the rights, freedoms and duties of human and citizen and containing individually specific regulations for single use and not containing norms of the right, instead of adoption of published normative legal acts directed on the establishment, change or repeal legal norms, that is, mandatory state regulations of permanent or temporary character, created for repeated use.

 

28. Restriction of free access to legal acts, information and publicly available personal data of recipients of the budgetary funds -

restriction of free access to:

- to legal acts affecting the rights, freedoms and duties of person and citizen;

- information and publicly available personal data of recipients of the budgetary funds distributed in the provision of state support and the provision of government services through the adoption of normative and enforcement legal acts of state and municipal authorities.

The manifestation of this factor is the inability to verify citizens and institutions of civil society validity and legality of the receiving of state support.

This factor contains properties and is a private case of corruption factor 16 Violation of transparency of information.

 

29. Absence of specific and effective control mechanisms of civil society over activities of state and municipal authorities - non-adoption of measures on creation the concrete and effective control mechanisms of civil society over activities of state and municipal authorities, providing active participation of citizens and civil society institutions in the implementation of counteraction to unjustified and improper rendering the state support.

It limits the efficiency and effectiveness of the performance of public functions and provision of public services.

Thus, the objectives of government actions and decisions displace from satisfaction of the citizen needs to formal execution without guidance on the efficiency and effectiveness for population.

This factor contains properties and is a private case of corruption factor 11 Lack of administrative procedures.



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