In the “United Russia” want to put the responsibility for the workers for knocking material “compliments»
A member of the State Duma Committee for Security and Anti-Corruption Ilya Kostunov (“United Russia”) has prepared a draft law amending the Code of Criminal Procedure and the Criminal Code. The amendments are aimed at introducing a new criminal article “illegal remuneration”, which will regulate the punishment for the workers, especially in the medical and educational fields, which incline customers to give illegal remuneration for the performance of their duties. According to the MP, such levies are not now covered by the articles of the Criminal Code for extortion and corruption, and require a separate article.
As the “Izvestia” the author of the initiative, the current practice in the educational and medical institutions, when workers for the fulfillment their duties, which should be provided free of charge, require a certain fee, leading to a general negative consequences in these areas, reducing the quality of services and make exactions commonplace, which the state should not allow.
The actions of doctors who speak the patient . that can qualitatively perform their duties only for a small material “Gift” today does not fall within the article for extortion and corruption and do not allow to punish employees for “knocking out” illegal remuneration.
St. 163 of the Criminal Code “Extortion” allows condemn only when the transmission requirements of another’s property occur under the threat of violence or destruction or damage to another’s property, as well as under the threat of information that defames the victim and his family.
The resolution of the Plenum of the Russian Armed Forces in 2013 “On judicial practice in cases of bribery and corruption of other crimes” also noted that “does not form part of bribe acceptance of official money, property-related services, etc. for actions (or inaction), although related to the performance of his professional duties, but not related to the powers of the authority of organizational and administrative or administrative functions ».
Ilya Kostunov noted that the rate of new Article will apply only to cases of compulsion to give compensation and does not affect the voluntary desire of customers financially reward a doctor or a teacher.
– The actual extortion fees is widespread in many areas of our lives. Despite the unambiguous illegality of such practices, today there are no effective mechanisms to prevent and prosecute those responsible. Of course, if the person himself wants to make a gift to his doctor, the teacher of the child, the punishment for this one does not offer. This article applies only to those who are demanding compensation for the unlawful act or omission is significant for the victim, who in the case of non-receipt of money or other benefits or would refuse to provide services or would give it a lower quality than it should – said Kostunov.
The introduction of this article, according to the legislator, due to the reduced position of the Supreme Court of the Russian Federation, according to which can not be held for taking bribe the person claiming the transfer of illegal remuneration only for professional, not administrative functions – patient treatment, training students, etc.
– proposed to supplement Chapter 25 of the Criminal Code as a separate item, “illegal remuneration”. The penalty proposed is lower than for the giving or receiving a bribe, for malfeasance. Punishing offer multiple fines and the prohibition to hold certain positions. In the case of non-payment – to replace the real term of imprisonment, – said Kostunov.
Over the requirement to transfer illegal remuneration is offered, according to the document, punishable by a fine up to 50 times the illegal remuneration with disqualification to hold certain positions to 3 years or community service, or imprisonment for up to 4 years. Over the requirement to transfer illegal remuneration in a significant amount of MP proposes to punish by a fine of up to 70 times the amount of illegal remuneration to the three-year excommunication from the profession or imprisonment for up to 5 years.
Currently, the bill sent to the Supreme Court and the government for formal review after receipt of which it will be submitted to the State Duma.
An expert in the field of fight against corruption Andrei Sotnikov observed that the peak requisitions for work occurred 7-9 years ago and today this phenomenon occurs in all spheres of public life, where there are public services.
The representatives of the educational department believe that, in particular, the school system is constructed so that is no reason for the request from the parents of any “rewards”.
– The school system is built in such a way that does not require large contributions. The money allocated by the state for textbooks, notebooks and pens buying parents – is a long tradition, so it was moved, – said the head teacher school № 8 Lobnya Tatiana Kobzay. – As for teacher gifts, it is the initiative of parents’ committees. They collect the money, they are completely voluntary teachers give flowers on holidays – it’s a tradition, and no teacher would not allow himself to give in this regard the recommendation of the student’s parents.
A specialist in criminal cases and the head of the Moscow Bar Association Andrew Knyazev confirmed the “News” that the Criminal Code of the Russian Federation still does not define the responsibility of employees for specific ways of obtaining money from the customers.
– If the private doctor tells the patient that he, of course, has to do the operation, but to do it well, the patient must pay a certain amount, it really would not be considered a bribe extortion, – said the lawyer. – Under the current legislation it is not a person who performs organizational and administrative functions, he is a person who performs a professional function, and will not incur criminal liability.
The situation with the need to “look” for employees in public services with a view get them to perform their duties over the years has become a tradition, and supporters of such a system of relations standard to justify such behavior of employees of state institutions of education or medicine low wages.
Author: Dmitry Runkevich Elena Malai
Source: “News»
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