Definition of public officials for the purpose of anti-corruption legislation
Even though the Anti-corruption Law contains a commercial bribery element, public officials constitute the main target of the legislation.
For the purpose of Russian legislation public officials include any official or functionary with managerial, regulatory, administrative or economic (financial) duties. Specifically, these officials hold state (i.e. federal or regional) or municipal offices established by law and discharge those functions entrusted by law, specific normative acts or on the basis of an order of a respective superior official.
Officials without executive authority may still commit breaches of the Anti-corruption Law when, in their official capacity: (i) they have the opportunity to prompt another official to act (or refrain from acting) and; (ii) they have been bribed for general patronage or connivance. Even if a briber is coerced into offering a bribe by a person presenting himself/herself as an official, the former may still be liable for a bribery offence.
In 2017, the list of persons obliged to take measures to prevent conflicts of interest was clarified. To date, it includes:
- civil servants at federal, regional or municipal level;
- officials of the Central Bank of Russia, state corporations, state funds and other organisations established under federal laws;
- employees of organisations established to accomplish tasks of federal agencies; and
- other persons set out by federal laws.
Prohibitive measures for public officials
Under the Public Civil Service Law, public officials are prohibited from:
- engaging in entrepreneurial activities;
- receiving from legal entities or individuals remuneration in cash or non-cash gifts (except for gifts with a value of up to RUB 3,000 (EUR 431) given during official events);
- travelling abroad at the expense of legal entities or individuals;
- purchasing securities in certain cases stipulated in the federal legislation; and
- disclosing confidential or relevant information obtained during civil service in favour of legal entities or individuals after retirement.
The Public Civil Service Law also stipulates a mechanism for regulating conflicts of interest involving public officials.
Under Russian tax law, public officials and their close relatives (their spouses and minor children) must file compulsory income declarations and disclose expenses that exceed their declared income. The tax authorities and the Council on Counteracting Corruption are authorised to check the income and expenses of officials and demand an explanation as to the origin of their assets2, if these assets do not correlate with the income level of the individual.
Public officials may be dismissed for loss of confidence by their “employer”. Their dismissal may result from a conflict of interest while in public service, or from a failure to disclose income or expenses which should have been disclosed. If it is discovered that an official is involved in entrepreneurial activities or affiliated with legal entities, he/she must be dismissed on these legal grounds.
 At the notional exchange rate of RUB 75 = EUR 1, as used for convenience throughout this guide. Back ↑
 Immovable property, motor vehicles, securities and/or participations in legal entities. Back ↑