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The bases of attraction to administrative responsibility for offenses in the sphere corruption counteraction

The bases of attraction to administrative responsibility for offenses in the sphere corruption counteraction.

 

The code of the Russian Federation about administrative offenses (further - the Code of the Russian Federation on Administrative Offences) contains structures of administrative offenses according to the Art. of Art. 19.28, 19.29 of the Code of the Russian Federation on Administrative Offences for violations of the legislation of the Russian Federation on corruption counteraction.

Article 19.28 Code of the Russian Federation on Administrative Offences provides administrative responsibility for illegal remuneration on behalf of the legal entity.

From the objective party the offense is expressed in the actions made from a name or in interests of the legal entity consisting in illegal transfer, the offer or the promise to the officials specified in this article, money, securities, other property or rendering services of property character, granting property rights for commission by the official in interests of this legal entity of the action (inaction) connected with the official position held by it.

The subject of an offense is the legal entity, from a name or in which interests the actions specified in a disposition of this article were carried out.

Officials persons admit the specified article, is constant, temporary or on special power the carrying-out functions of the authority or the carrying-out organizational and administrative, administrative functions in government bodies, local governments, the public and municipal authorities, the state corporations, and also in Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation.

Article 19.29 Code of the Russian Federation on Administrative Offences provides administrative responsibility for illegal attraction to work or to performance of work or rendering services of the public or municipal servant or former public or municipal servant.

The citizens replacing positions of the public or municipal service which list is established by regulations of the Russian Federation within two years after dismissal from the public or municipal service have the right to replace positions in the organizations if separate functions of public administration by these organizations belonged to official (office) duties of the public or municipal servant, only with the consent of the relevant commission on observance of requirements to office behavior of the public or municipal servants and a settlement of conflicting interests which is given in the order established by regulations of the Russian Federation.

The employer at an execution of an employment agreement with the citizens replacing positions of the public or municipal service which list is established by regulations of the Russian Federation within two years after their dismissal from the public or municipal service is obliged to report in ten-day time about the conclusion of such contract to the employer's representative (employer) of the public or municipal servant in the last place of its service in the order established by regulations of the Russian Federation.

On the specified structures of administrative offenses the decree on the case of an administrative offense can be issued within six years from the date of commission of an administrative offense.

 

 

Assistant prosecutor of the city of Chelyabinsk

 

lawyer of 1 class N. A. Mironova