Since 2008, a number of significant Federal Laws have been adopted in Russia aimed at combating corruption. Such regulations were in effect earlier, but did not apply to military personnel. Now the legislator not only established the obligation of the military to declare items of their income and expenses, but also provided for legal liability for evading tax reporting. For this reason, every Russian citizen who wants to connect his life with military service must be ready to regularly fill out a military serviceman’s anti-corruption package, following the approved filling out template.
As mentioned above, the obligation to file tax reports was not always assigned to army personnel. This innovation was adopted only in December 2008, which necessitated the need to amend a number of national laws. Knowledge of legal acts will allow you to avoid difficulties with preparing the package mandatory documents and protect your rights.
Table No. 1 " Legal regulation question"
| Date of adoption of legal acts | Name of the Law and main provisions |
|---|---|
| 07/31/1995 No. 119 | The Federal Law “On the Fundamentals of Civil Service in the Russian Federation” obliges persons employed in government agencies to declare their income |
| 05/15/1997 No. 484 | Presidential Decree “On Combating Corruption”, currently valid only in those articles that do not contradict Federal Law No. 273 of 2008 |
| 10/31/2003 | UN Convention against Corruption, ratified by Russia |
| 07/27/2004 No. 79 | The Law “On State Civil Service in the Russian Federation”, regulating the rules for filing reports by civil servants, which since 2008 began to apply to the military |
| 12/25/2008 No. 273 | Federal Law “On Combating Corruption”, which fixes the obligation of certain categories of citizens to submit reports on their income |
| 12/25/2008 No. 280 | Federal Law “On the Status of Military Personnel”, establishing that starting from 2009, all active military personnel are required to declare items of their income |
| 05/18/2009 No. 559 | Presidential Decree “On reporting and income and expenses” |
Important! According to the adopted documents, all close family members of a military man who live with him are subject to income declaration. These may include: parents, spouses and children, brothers and sisters, grandparents, and aunts and uncles.
The main objective of the anti-corruption package is the fight against corruption, that is, illegal receipt of benefits and monetary enrichment due to the performance of one’s official activities. Considering that within job responsibilities civil servants perform leadership, supervisory and administrative functions; they immediately fall into the risk zone of receiving bribes and abuse of their capabilities.
Attention! Not all military personnel must submit tax reports, but only army personnel whose activities involve holding leadership positions. Their list is fixed by the norms of domestic legislation.
The legislator has approved the form of tax reporting compiled as part of the fight against corruption. The basic rules for drawing up the document are also fixed. These include:
Table No. 2 “Mandatory sections of reporting and features of their completion”
| Data category | Nuances |
|---|---|
| Title | Includes the soldier’s personal information, including his residential address. |
| Income | Contains information on the accrual of funds received by each family member living together during the reporting period. All types of accrual should be displayed, even those that are not taxed |
| Acquisitions | This includes large purchases of movable and immovable property, including those purchased with cash and on credit. Objects received on the basis of a gift or by inheritance are also displayed. |
| Real estate | Information about existing houses and apartments, regardless of the date of their purchase. |
| Bank accounts | Deposits, contributions, loans should be displayed. |
| Liabilities of a property nature | These can be loans or mortgages; fixed amounts of funds are allocated monthly for their repayment |
This form is used to calculate the possible unofficial income of an official.
What is a crime from a legal point of view? We are talking about an action or inaction that led to a violation of the law. As a rule, an offense is considered if a citizen's action causes public harm, danger and illegality.
In this article we will look at this legal issue, as the responsibility of military personnel for crimes of corruption. We are talking about the action or inaction of a military man, which ultimately brings him a certain benefit through official powers, that is, going beyond the legitimate interests of society and the state as a whole. What benefits are we talking about:
A serviceman is an official, therefore he will be held responsible for a crime of a corruption nature. Liability may be criminal, administrative, civil or disciplinary. Punishment is assigned based on the degree of danger posed by the offense on the part of a military person. Further, certain sanctions are discussed.
As we have already said, a military man commits a corruption crime for his own benefit, and thereby violates the interests of citizens and the state; at the same time, he uses his official powers, which the military man actually has enough of.
As an example, a fairly common crime. A serviceman based in a military unit makes an arrangement with the head of the housing group. Together they take bribes from the garrison military, who need to receive official housing in the foreseeable future. This has already happened more than once, and in general, good business, but it’s just dangerous. For this type corruption crime, the serviceman will be deprived of his liberty and will have to pay a fine.
As for the administrative crime of a corruption nature, here we're talking about about an unlawful action or inaction of a military serviceman that led to unlawful gain. This type is considered in the Code of the Russian Federation as an administrative offense on the part of a military serviceman who took advantage of his official position for his own benefit.
But in this case, the crime does not pose such a serious danger to society and the state, therefore it is classified as administrative. They won't give you time for it, but you will, of course, have to pay a fine.
In most cases, an administrative crime of corruption is considered if a serviceman has committed petty theft of someone else's property, carried out some kind of fraud, embezzled, wasted, and so on. This also includes non-compliance with the procedure for purchasing goods, works and everything else.
There is also such a thing as corrupt disciplinary liability for misconduct on the part of a military serviceman. This issue is considered when a military man violates discipline, thereby receiving benefits, but at the same time this offense is not considered as administrative or, especially, criminal.
Organize the development of anti-corruption plans in subordinate military command and control bodies, military units and organizations;
Plan anti-corruption activities taking into account legislative and other regulatory legal acts Russian Federation;
Ensure personal responsibility of managers at all levels for the state of work on the prevention of corruption and other offenses in subordinate military command and control bodies, military units and organizations.
Ensuring the effective functioning of the commission of the Ministry of Defense of the Russian Federation on compliance with the requirements for official conduct of federal civil servants, employees of organizations created to carry out tasks assigned to the Ministry of Defense of the Russian Federation, and the resolution of conflicts of interest, commissions of military command and control bodies, military units and organizations of the Armed Forces of the Russian Federation to comply with the requirements for official conduct of employees and resolve conflicts of interest (certification commissions of military command bodies, military units and organizations of the Armed Forces of the Russian Federation when considering issues regarding military personnel) in accordance with the requirements of the Decree of the President of the Russian Federation of July 1 2010 N 821 “On commissions for compliance with the requirements for official conduct of federal civil servants and the resolution of conflicts of interest”
Notifications about the performance of other paid work, a log of notifications, monitoring materials for sending notifications by civil servants and employees of the Armed Forces of the Russian Federation to the Minister of Defense of the Russian Federation, the employer's representative about the performance of other paid work. Identification of cases of non-fulfillment by civil servants and employees of the Armed Forces of the Russian Federation of the obligation to pre-notify the Minister of Defense of the Russian Federation, the employer’s representative about the performance of other paid work
Implementation of a set of organizational, explanatory and other measures to prevent civil servants and employees of the Armed Forces of the Russian Federation from behavior that may be perceived by others as a promise or offer to give a bribe, or as an agreement to accept a bribe or as a request to give a bribe, taking into account the provisions of international acts in the field of counteraction corruption on the criminalization of the promise of giving a bribe or receiving a bribe and the offer of giving a bribe or receiving a bribe and the experience of foreign states, aimed, among other things, at creating a negative attitude towards corruption among civil servants and employees of the Armed Forces of the Russian Federation
Organization of legal education for civil servants and employees of the Armed Forces of the Russian Federation on anti-corruption (on compliance with the requirements and provisions of the legislation of the Russian Federation on anti-corruption, liability for violation of these requirements, including establishing penalties for receiving and giving bribes, mediation in bribery in in the form of fines, multiples of the bribe amount, dismissal due to loss of trust, as well as changes in anti-corruption legislation of the Russian Federation)
Ensuring the possibility of prompt submission by citizens and organizations of information about facts of corruption in the Ministry of Defense of the Russian Federation or violations of the requirements for official conduct by civil servants and employees of the Armed Forces of the Russian Federation by: ensuring the posting of information about “helpline” numbers on anti-corruption issues;
ensuring the reception of electronic messages on the official website of the Ministry of Defense of the Russian Federation on the Internet information and telecommunications network
The Russian government has introduced a bill to the State Duma that would allow the ranks of military personnel to be withheld for indiscipline and violation of anti-corruption rules. Let’s say that if a colonel “forgot” to report an expensive gift, then he may not become a general. Or it won't be very soon.
According to the official website of the country’s government, “the bill proposes to amend Article 47 Federal Law"ABOUT military duty And military service"on the normative consolidation of the conditions of assignment military rank depending on such indicators of the serviceman’s performance as military discipline and compliance with anti-corruption requirements for official conduct.”
It was said officially, but, it seems, very clearly. Today, there are two conditions for the military to receive another star. First: he must serve the required term. Second: his position must correspond to the new rank. Let’s say that if a captain occupies a position assigned to a major, then when the time comes, he can safely buy champagne. But for a major in the captain’s position (this also happens), new stars do not shine until he receives a higher post.
Now two more conditions are being put forward: discipline and compliance with anti-corruption rules. If an officer has a lot of penalties for violating military discipline, then another rank He may not wait on time. More precise requirements will become known after the bill is published: this will happen in the coming days. A completely new approach is that a star can also be detained for violating anti-corruption rules. If a serviceman is required by his position to submit income declarations, he is obliged to do so on time. Also, people in uniform, like all civil servants, are subject to other requirements: expensive gifts must not be appropriated, conflicts of interest must be reported, it is prohibited to have property abroad, etc.
A serious deviation from the rules can result in dismissal and even imprisonment. But sometimes the mistakes are minor. In this case, the person in uniform will risk new stars and future promotions. For a man in uniform this is a serious punishment.
Some media reported that the bill supposedly proposes not to dismiss bribe-takers from the army. This is wrong. When it comes to a criminal offense, there are and will not be any options. But now, if a serviceman does not comply with some anti-corruption rules (for example, does not report a conflict of interest), he will be fired due to loss of trust. The project makes it possible to punish a person in a disciplinary manner, but keep him in service if there are extenuating circumstances.
