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Anatoly Petrykin. Anti-bribery in Russia 07.06.2013
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Anatoly Petrykin. Anti-bribery in Russia 07.06.2013

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  • 1. Combating corruption in Russia: national legislation and practice Anatoly Petrykin, Manager, Ernst & Young 7 June 2013
  • 2. Общие вопросыStatus of fight against corruption Страница 2
  • 3. The main corruption warriors Mythili Raman Acting Assistant Attorney General for the Criminal Division, US DOJ David Green Director of Serious Fraud Office, UK Alexander Bastrykin Head of the Investigative Committee of the Russian Federation Слайд 3
  • 4. The Corruption Perceptions Index 2012 Source: «Corruption Perceptions Index 2012», Transparency International, 2012. Страница 4
  • 5. Страница 5 The most dangerous types of fraud Unfair competition The absence of corporate culture Information Security Embezzlement by employees Corruption of regulators Embezzlement of the top management Commercial corruption Source: Survey of business security risks in Russian companies, Russian branch of the ACFE, 2011, Moscow
  • 6. Страница 6 Attitude to business ethics in Russia Yes Do not know No A good reputation acquired due to ethical business practices is a competitive advantage Source: European research on the management of fraud risk, Ernst & Young, 2011
  • 7. Страница 7 The results of VTsIOM survey results of the survey, 2012 results of the survey, 2004 Source: The initiative of Russian opinion of VTsIOM survey, in November 2012, № 2180. The results of combat corruption are becoming more visible to society Corruption can be defeated Corruption is invincible Ready to report the facts of corruption
  • 8. Общие вопросыThe Russian anti-corruption legislation Страница 8
  • 9. Страница 9 Anti-corruption legislation of the Russian Federation ► The Federal Law of 25.12.2008 № 273-FZ On Combating Corruption ► The Criminal Code of the Russian Federation ► The Code of Administrative Violations of the Russian Federation ► Presidential Decree of 19.05.2008 № 815 On measures to combat corruption ► Government Decree of 26 February 2010 № 96 On anti-corruption expertise of legal acts and draft normative legal acts ► The National Anti-Corruption Plan for 2012-2013. (Approved by the Decree of the President of the Russian Federation of 13.03.2012 № 297)
  • 10. Страница 10 The Russian anti-corruption legislation (2) The Criminal Code prohibits: - bribing for government officials and soliciting bribe to government officials - commercial bribery (e.g, in the form of so-called "kickbacks") - intermediation at taking bribes -
  • 11. Страница 11 The Russian anti-corruption legislation (3) The Civil Code prohibits the giving of gifts worth more than RUR3,000 to: - persons holding government and municipal positions - government and municipal employees - employees of the Russian Bank, due to their official position or performance of official duties - in the relationship between commercial organizations
  • 12. Страница 12 The Russian anti-corruption legislation (4) The civil service legislation prohibits public servants to: - receive compensation in connection with the performance of official duties - employment of any paid activities, except as required by their official capacity - employment by enterprise activity - travel to business trips abroad at the expense of others persons
  • 13. Страница 13 Bribing Article 291 of the Criminal Code: Giving a bribe 1. Official bribery personally or through an agent: ► penalty of up to 30th amount of the bribe or imprisonment for a term to 2 years with a penalty of 10th amount of the bribe 2. Giving a bribe to a public official for committing an obviously illegal action (inaction) ► penalty of up to 60th amount of the bribe or imprisonment for up to 8 years with a penalty of 30th amount of the bribe. Note: A person who has given a bribe shall be exempt from criminal liability if there has been a bribe by the officer or the person voluntarily reported to a body with the right to bring a criminal case for bribery.
  • 14. Страница 14 Receiving a bribe Article 290 of the Criminal Code: Receiving a bribe by an official 1. If such actions are included in the official authority: ► penalty of up to 50th amount of the bribe, with disqualification to hold certain positions for up to three years, or imprisonment for a term to 3 years with a penalty of 20th amount of the bribe. 2. For illegal actions: ► penalty of up to 70th amount of the bribe with disqualification to hold certain positions for up to three years, or imprisonment for a term of 3 to 7 years with a penalty of 40th amount of the bribe. 3. The same action (Part 1 or 2) committed by civil servants: ► penalty of up to 80th amount of the bribe, with disqualification to hold certain positions activities for up to 3 years, or imprisonment for a term of 5 to 10 years with a penalty of 50th amount of the bribe. 4. The same action (Part 1, 2, or 3) committed by group of persons: ► penalty of up to 90th amount of the bribe or imprisonment for a term of 7 to 12 years, with disqualification to hold certain positions for up to 3 years and with a penalty of 60th amount of the bribe.
  • 15. Страница 15 Intermediation Article 291.1 of the Criminal Code: Intermediation in bribery ► penalty of up to 100th amount of the bribe with disqualification to hold certain positions or engage in certain activities for a term up to 3 years, or imprisonment for a term of 5 years with a penalty of 20th amount of the bribe
  • 16. Страница 16 Latest amendments to the Russian anti- corruption legislation In 2011 – 2013 amendments to the anti-corruption legislation came into force : ► a new type of punishment for corruption - a fine is equal to bribes ► a new type of recipient of the bribe - Official of a public international organization ► new offense - intermediary at taking bribes, the transfer of bribes on behalf of the briber or recipient of the bribe, and also contribution in reaching an agreement and taking bribes ► a new way of combating corruption for legal entities – an overseas investigation conducted by Russian authorities ► a new legislative requirement – every company must have corporate compliance system ► no gifts and money – for HCPs and pharmacy employees
  • 17. Questions?
  • 18. Contacts Andrey Novikov, Partner Fraud investigation and dispute services Ernst & Young CIS B.V. +7 (495) 648 9618 Email: Andrey.Novikov@ru.ey.com Anatoly Petrykin, Manager Fraud investigation and dispute services Ernst & Young CIS B.V. +7 (495) 664 7843 Email: Anatoly.Petrykin@ru.ey.com Anatoly Anatolievich Kilyachkov, Manager Fraud investigation and dispute services Ernst & Young CIS B.V. +7 (495) 755 9700 Email: Anatoly.Kilyachkov@ru.ey.com The content of the presentation cannot be applied as legal counselling as this will always be subject to actual and specific knowledge of the client’s situation.