The Federal Law №132-FZ from 01.07.2017 has amended the relevant legislation of Russia, defined by the requirement to post information on the use of penalties in the form of dismissal in connection with the loss of trust for the commission of corruption offenses in the Federal State Information System in the field of public service (Unified System). The changes have come into effect on January 1, 2018.
The rules for maintenance of such register in the Unified System and its online publishing is prescribed by the Order of the Government of Russia №228 «About the register of persons dismissed in connection with loss of trust» from 05.03.2018, approved in accordance with Article 15 of the Federal Law №273-FZ "About Anti-corruption" from 25.12.2008 (in the version of the Federal Law №423-FZ of December 28, 2017).
The Order has approved the Regulation, defining following procedures:
- entry into the register (or exclusion) of information on civil servants, who have been dismissed or relieved from office due to the loss of trust for corruption offenses;
- publication of this register on the official website of the Unified System in the Internet.
The maintenance of the register and publication of information on the Internet is entrusted to the Civil Service and Personnel Department of the Government of Russia. Information intended for entry into the register will be sent by the relevant personnel departments of state authorities and local self-governing bodies.
The register will include the following data on civil servants:
- surname, name and patronymic, date of birth;
- taxpayer identification number (INN);
- insurance individual account number (SNILS) – if available;
- passport data (requisites of its equivalent identity documents);
- name of an organization, where a civil servant held the service, and his/her position;
- date and number (requisites) of relevant acts on penalties in the form of dismissal or relief from duty;
- information on the committed corruption offenses;
- references to provisions of regulatory legal acts, whose requirements have been violated.
Changes to the register are made within 10 working days after data submission.
The register will be placed as open data on the official website of the Unified System in the form of an alphabetical list in PDF format.
The Federal Law of 19.02.2018 N35-FL “On amendments to Article 76.1 of the Criminal Code of the Russian Federation” has entered into force.
The article of the Criminal Code (hereinafter “the Code”) contains provisions about liberation from criminal responsibility for crimes in business.
The introduced amendments provide for liberation from criminal responsibility for specific economic crimes carried out prior to January 1, 2018. It is intended crimes provided by Article 193, Parts 1 and 2 of Article 194, Articles 198, 199, 199.1, 199.2 of the Code. For example, tax evasion and customs fraud, default on foreign currency law and control.
The right for liberation from responsibility is available for declarants or persons whose data is found in special declarations filed in accordance with the Federal Law of 08.06.2015 N140-FL (as amended on 19.02.2018) “On voluntary declaration by individuals of property and bank accounts (deposits) and amendments to certain legislative acts of the Russian Federation”. Data specified in declarations are of tax secrecy.
Since March 1, 2018 the so-called “capital amnesty” or voluntary declaration of property abroad, securities, bank accounts, foreign companies, including controlled by nominees is continued.
The same extent of guarantees for the “capital amnesty” participants is kept as it was provided during the previous stage of declaring. Moreover, there is a right on additional declaration of accounts and deposits opened on January 1, 2018, and closed as of special declaration was filed, if they were opened before January 1, 2018.
Special declarations can be filed on paper in person or by authorized representative in tax office, or in central office of the Federal Tax Service of RF.
Over 7 thousand declarations were filed during the first stage of voluntary assets declaration from June 1, 2015 to June 30, 2016.