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On Monday, February 9 working group chaired by the Minister for an “open government” Michael Abyzova consider an online petition opposition leader Alexei Navalny, who collected 100 thousand. votes on the website of the Russian Public Initiative (ROI) from January to December 2014. The petition proposes to ratify Article 20 of the UN Convention against Corruption and to supplement the Criminal Code of the new composition of the crime – “illicit enrichment” – against officials.
The initiative Navalny, for the dissemination of that opposition and its supporters launched a major campaign, proposes to extend Russia’s jurisdiction on Article 20 of the UN Convention: to criminalize for officials for illicit enrichment, expanding the scope of the legislative concepts of “corruption” and enter for officials, replacing senior government positions, the duty to provide their employers information on income and expenditure and their adult children etc. This is the second petition Navalny, supported by the required number of signatures. Previous – first petition to the IC, scored 100 thousand. Votes – relating to restrictions cost car bureaucrats 1.5 million rubles. That petition was not approved by the Expert Council for consideration by the government.
The petition involves the acceptance of federal law, so it is considered a federal expert working group headed by the Minister of “open government” Mikhail Abyzov. It consists of 34 people, including representatives of ministries, deputies, senators, experts and public figures. According to the press service of “open government”, just come to a meeting of representatives of relevant ministries – the Ministry of Justice and Ministry of Interior. By the authors of the initiative to the meeting invited director of the fight against corruption Roman Rubanov, who on Friday morning was searched in the case of “stolen paintings.” Navalny himself to the White House was not invited. “First, they referred to the fact that I was under house arrest. Then he began to say that the author of the initiative was not me, and the Fund to fight corruption, and called its director, “- said RBC Bulk.
Russia ratified the UN Convention against corruption by federal law of 8 March 2006, however, among the articles listed in the law, according to which Russia has jurisdiction, not Article 20, Article 20 “Illicit enrichment” of the UN Convention against Corruption states: “Subject to its Constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offense, when committed intentionally, illicit enrichment, that is, significant increase in the assets of a public official that his lawful income, which it can not reasonably explain ».
To ratify the 20th article of the UN Convention in Russia offers not only non-systemic opposition . So, since 2010 in the State Duma is the Communist Party bill introduced by deputies Alexander Kulikov and Sergei Obukhov. The document has been accepted for consideration, in January 2012, submitted to the Committee for Security and Anti-Corruption, but has not yet been reached, even before the first reading. In September 2011, the same deputies, together with party Valery Rashkin and Nina Ostanina made to the State Duma another bill proposes to amend the Criminal Code and to introduce criminal penalties for illicit enrichment. The explanatory memorandum to the bill MPs referred to the same 20-th article of the UN Convention. However, the government in revocation signed by the then Deputy Prime Minister Vyacheslav Volodin did not support the bill, citing the fact that the explanation of the legal origin of the property contrary to the presumption of innocence enshrined in t he Constitution. A similar comment on the bill gave the Supreme Court.
Most likely working group dismissed the petition, but the petition – only part of the campaign to the 20th article, Navalny says. “In their political logic – to reject our proposal, of course, they will not let us win even in this. But we almost put power into a dead end, because how can you be against the fight against corruption? “- Says the opposition. According to him, the campaign demanding the ratification of the 20th article – its central political demand, so he went on with his supporters intend to try to make the corresponding bill to the State Duma and regional parliaments. “Our campaign is unlimited, the main thing for us – to inform citizens. Our level of support on this issue higher than support Putin joining the Crimea “, – says Navalny.
The fact that the opposition may reject initiative working group, according to the conclusion of the Office of the President on anti-corruption, signed by its leader Oleg poor, as well as reviews of Justice and the Interior (there RBC). According to the poor foundation of the Russian legal system is the presumption of innocence, and she “can not be applied to public officials for action under the criminal law, unless it is proved that they have received the funds from crime.” The document states that the Criminal Code allows to investigate cases of corruption across multiple elements of a crime and that “the union of a set of specific articles of this chapter in one article of the Criminal Code” illegal enrichment “does not help to law enforcement.” In addition, the report notes that the guilty officials and so attracted to disciplinary liability in connection with the loss of confidence.
According to the Ministry of Interior of the United Nations Convention against Corruption was ratified in full, without exception. The document says that the ministry has all the possibilities to prove sources of revenue officials and that the Russian anti-corruption legislation is already in force, therefore additional criminalization superfluous. The position of the Ministry of Justice is similar: it follows from its conclusion, the agency believes a comprehensive current law “On the control of the relevant costs of persons holding public office, and other persons of their incomes».
Will support the petition at the meeting of the working group chairman of protection enterprises “Business Solidarity” Jan Yakovlev. “Morally, I support this initiative, but we must understand that our system is so corrupt that the amendments to the law will not help here. Under our law enforcement and judicial systems, I am opposed to giving them additional opportunities persecution because they will be used to settle accounts with undesirable officials, and really dishonest escape punishment “- explains Yakovlev. In addition, she said, the Criminal Code today is such that its application for a new structure of a crime will have to radically change, introduce new concepts, etc. “It’s too complicated matter for our judicial system,” – said the expert.
System IC was created by presidential decree. This resource citizens can register certain initiatives or to vote for the other petitions. Scored in a calendar year (or less) of 100 thousand. Votes initiatives must be approved by an expert group for consideration by the government, and then in the State Duma. In all, six petitions received the required number of votes, but the positive conclusion of the working group Abyzova received only two of them: this initiative, “My house – my fortress”, proposes to allow to protect your home with a weapon, and the petition against the introduction of an additional tax on the parcel from overseas online stores. All previous petitions were discussed publicly, said RBC’s press secretary Abyzova Alena Zhukova.
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