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Method of lecturing to the specialists of the internal affairs agencies of the Russian Federation on "The legal fundamentals of fighting corruption in the system of internal affairs agencies»1
DOI: http://dx.doi.org/10.14420/en.2015.28
Andrey Vasilchenko, Candidate at Law, Associate Professor, Deputy Head of the Criminal Law and Criminology Department at the Moscow Region Branch of V. Ya. Kikotya Moscow University of the Russian Ministry of Internal Affairs, e-mail: [email protected]
The article contains the description of the proprietary methods of lecturing to the specialists of the internal affairs agencies of the Russian Federation on "The legal fundamentals of fighting corruption in the system of internal affairs agencies". The author defines the structure of the lecture studies (introduction, main body and conclusion), methods of giving studies (visualization, conversation and statement of the problem) and the contents of the studies, including the issues related to anti-corruption laws and regulations, settlement of conflicts of interest and prevention of corruption offences in the internal affairs agencies of the Russian Federation. The author performs legal review of the federal laws of the Russian Federation, Orders of the Russian Ministry of Internal Affairs, as in effect when the article was published. The article was completed with the use of Consultant Plus Legal Reference System. corruption, corruption offence, bribery, bribe, inducement to a corruption offence, prevention of corruption in the internal affairs agencies of the Russian Federation, legal training of the specialists in the internal affairs agencies of the Russian Federation, conflict of interest, settlement of a conflict of interest in the internal affairs agencies of the Russian Federation, personal interest of specialist in the internal affairs agency of the Russian Federation.
For the purposes of preventing corruption specialist in the internal affairs agencies of the Russian Federation and shaping the anti-corruption behavior
Abstract.
Keywords:
1 The article is published under the auspices of the support program for the teachers and tutors engaged in implementing anti-corruption educational programs in accordance with the National Anti-Corruption Plan for the period 2014-2015. This work has been completed with the use of Consultant Plus Legal Reference System.
Andrey Vasilchenko. Method of lecturing to the specialists of the internal affairs agencies of the Russian Federation on "The legal fundamentals of
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of the specialists in the internal affairs agencies, their onsite legal training1 hall involve, among other topics, studying the legal fundamentals of fighting corruption in the system of the internal affairs agencies.
The lecture studies on the named topic shall be given using visualization elements (the required information is displayed via multimedia projector), conversation and statement of the problem.
In the introduction of the studies, the lecturer shall announce the topic and outline of the lecture, specify the essential and supplementary reading, set the objectives of the studies and outline the ways to achieve them, set the internal affairs agencies employees up to perceive the training material through the interest in the subject, direct their attention and create good working climate.
In the course of studies with the internal affairs agencies specialists, it is reasonable to discuss the following issues:
1)anti-corruption laws and regulations;
2)settlement of conflicts of interest in the internal affairs agencies;
3)prevention of corruption offences in the internal affairs agencies.
When studying the first point, the lecturer shall display the list of the federal
laws, decrees of the President of the Russian Federation and the orders of the Russia's Ministry of Internal Affairs governing the relations in the sphere of fighting corruption within the internal affairs agencies. He shall also clarify the duty of the internal affairs agencies specialist to comply with the restrictions, obligations and prohibitions, requirements to prevent or settle any conflicts of interest and perform duties provided for the purposes of fighting corruption by the mentioned federal laws and by-laws enacted for the purposes of implementation thereof.
Within the framework of the second issue, the conceptual structure shall be established in terms of the specialist's obligation to take measures on settling the conflict of interests. To this end, the lecturer shall explain the provisions of parts 1 and 2 section 71 of the Federal Law dated 30.11.2011 No. 342-FZ "Concerning the employment in the internal affairs agencies of the Russian Federation and making amendments as to the certain statutes of the Russian Federation", containing the definitions of such terms as "the conflict of interest in the internal affairs agencies" and "the personal interest of a specialist in the internal affairs agency". Afterwards, it is suggested that the trainees should introduce their own examples relating to the mentioned terms and definitions.
That done, the lecturer shall provide some examples of the factors that may give rise to the personal interest of a specialist in the internal affairs agency, provided that he:
- is conducting business, is participating, directly or through affiliates, in any commercial entity;
- is rendering services for monetary or other compensation, save for the cases provided by the existing laws;
- is giving push, promotion or support to the entrepreneurs and businesses for personal mercenary ends;
1 Legal training is prescribed by the Order of the Russian Internal Ministry Affairs dated 31.03.2015 No. 385 "On approval of the Procedure for arranging the staff training for filling positions in the internal affairs agencies of the Russian Federation".
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- is promoting inappropriate or improper profits through abuse of his official position;
- is showing his interest and (or) interfering in the disputes between individuals or business entities beyond the legal framework;
- is permitting in his official activities the displays of protectionism, favoritism, nepotism (cronyism), as well as abuse of his official position;
- is addressing his colleagues with improper requests in breach of the established order of preliminary investigation, inquiry, administrative proceedings, consideration of complaints and applications that are able to affect the official decision.
Upon presenting the examples, the lecturer shall clarify the duty of the internal affairs agencies specialist to notify in writing his immediate supervisor (superior) that the conflict of interests has or is likely to occur, as soon as he is aware of it, along with the duty of the supervisor or superior having been advised of the conflict of interests occurred or likely to occur to perform measures aimed at prevention or settlement thereof. The lecturer shall also explain that in case of failure to take such measures related to prevention or settlement of the conflict of interests, both the internal affairs agencies specialist and his supervisor informed of such conflict of interests shall be subject to dismissal due to loss of confidence. Moreover, he shall expand on the peculiarities of settlement of a conflict of interests involving federal public civil officers within the system of the Russia's Ministry of Internal Affairs.
In the course of presentation of the third issue of the lecture studies, it shall be communicated to the internal affairs agencies specialists that, under the existing laws, all the employees, military servicemen and civil officers within the system of the Russia's Ministry of Internal Affairs are subject to the duty to notify the representative of the hirer (employer) of any facts of addressing or requesting, including to the other employees, military servicemen and civil officers, for the purposes of inducement to corruption offences1.
Relying upon sections 2 and 8 of the Model Law "Fundamental principles of legislation on the anti-corruption policy"2, the lecturer shall provide the definition of the corruption offence and its classification on the sector profile criterion. It is suggested that the trainees should introduce their own examples of various kinds of corruption offences, whereupon the lecturer shall display and explain the instances of the civil corruption tort and administrative corruption offence (wrongdoing). It should also be put forward that the attributes and classification of the corruption offences is provided by the List No. 23 of the Instruction of the Russia's General Prosecution Office No. 744/11, Russia's Ministry of Internal Affairs No. 3 dated 31 December 2014 "On enactment of the lists of the articles of the Criminal Code of the Russian Federation used in the course of statistical accounting and reporting".
Then it shall be stated that bribery constitutes the most wide spread and
1 The Order of the Russian Internal Ministry Affairs dated 19.04.2010 No. 293 "On approval the Reporting Procedure within the system of the Russian Internal Ministry Affairs on the facts of requests for the purposes of inducement to corruption offences".
2 As approved in Saint Petersburg on 15.11.2003 by the Regulation 22-15 during the 22nd plenary session of Inter-Parliamentary Assembly of the CIS Members // URL: http://docs.cntd.ru/docu-ment/901898824.
Andrey Vasilchenko. Method of lecturing to the specialists of the internal affairs agencies of the Russian Federation on "The legal fundamentals of fighting corruption in...
dangerous corruption offence (articles 290, 291 and 291.1 of the Criminal Code of the Russian Federation1) and the difference shall be articulated between the bribe and present, laying in the compensatory or gratuitous nature, motivation and purposes of such actions, rather in the cost of the belongings transferred.
Afterwards, it shall be communicated to the trainees that any concealment by a specialist in the internal affairs agency of any facts of addressing to him for the purposes of inducement to a corruption offence constitutes a flagrant and gross disciplinary violation, for which cause the contract can be terminated, while the specialist can be dismissed from his service in the internal affairs agency.
The main body of the lecture is brought to close with clarification of the Reporting Procedure within the system of the Russian Internal Ministry Affairs of the facts of requests for the purposes of inducement to corruption offences.
As the conclusion of the lecture studies, the lecturer shall provide the summary of everything described in the main part, draw the conclusions on the topic and answer the trainees' questions.
References:
1. A. S. Dugenets, F. P. Vasiliev, A. N. Gugunskiy. Modern peculiarities of regulating the matters of fighting corruption in the system of internal affairs agencies of Russia // Russian Investigator. - 2011. - # 9.
2. T. M. Zanina, E. V. Pozdnyakova. To the issue on corruption in the internal affairs agencies // Law and Society. - 2009. - # 3.
3. M. V. Kostennikov, A. V. Kurakin, I. N. Koshelev. Administrative and legal regulation of protecting the internal security and fighting corruption in the internal affairs agencies // Administrative and Municipal Law. - 2011. - ## 1, 2, 4.
4. A. M. Lomov. Administrative and legal aspects of fighting corruption in the internal affairs agencies of the Russian Federation: Thesis for the degree of the Candidate at Law: 12.00.14. - Tyumen, 2009.
5. S. A. Novoselov, Yu. V. Truntsevskiy. Efficiency improvement of preventing corruption offences and other wrongdoings committed by the State Road Safety Inspectorate officers as the prerequisite for arranging further reforms of the internal affairs agencies of the Russian Federation in compliance with the roadmap // Administrative and Municipal Law. - 2013. - # 4.
6. T. V. Raskina. The current corruption status and crime rate in the internal affairs agencies of the Russian Federation and prospects of fighting it // State Power and Local Self-Government. - 2012. - # 11.
7. A. A. Chistov. Administrative and legal regulation of fighting corruption in the federal executive agencies in the modern context: Thesis for the degree of the Candidate at Law: 12.00.14. - Moscow, 2010.
1 URL: http://base.consultant.ru/cons/cgi/online.cgi?req=home#doc/LAW/180904/4294967295/14351 26894941.
