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
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
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.
