Compliance with the costs of persons replacing state. Control over expenditures of civil servants

exercising control over the compliance of expenses of federal state civil servants of the Office of the Federal

state registration, cadastre and cartography services

in the Tyumen region

1. This Procedure for monitoring the compliance of expenses of federal state civil servants of the Office of the Federal Service for State Registration, Cadastre and Cartography in the Tyumen Region (hereinafter referred to as the Procedure) determines the rules for monitoring the compliance of expenses submitted by federal state civil servants (hereinafter referred to as civil servants) of the Office Federal Service for State Registration, Cadastre and Cartography in the Tyumen Region (hereinafter referred to as the Department).

2. Control is exercised over the costs of civil servants of the Office, replacing the positions of the federal state civil service, included in the List of positions in Federal Service state registration, cadastre and cartography (hereinafter - Rosreestr), upon appointment to which citizens and upon the replacement of which federal state civil servants are required to provide information about their income, property and property obligations, as well as information about income, property and property obligations the nature of their spouses (wife) and minor children, approved by order of Rosreestr dated 01.01.2001 No. P / 87 “On approval of the List of positions in the Federal Service for State Registration, Cadastre and Cartography, upon appointment to which citizens and upon the replacement of which federal civil servants are obliged provide information about their income, property and property obligations, as well as information about income, property and property obligations of their spouse (spouse) and minor children” (hereinafter referred to as the List).

3. Civil servants of the Department, filling positions specified in the List, are required to provide information about their expenses, as well as about the expenses of their spouse (spouse) and minor children for each transaction for the acquisition of a land plot, other real estate, vehicle, securities, shares (stakes, stakes in the authorized (reserve) capital of organizations), if the transaction amount exceeds the total income of a civil servant and his spouse (wife) for three recent years prior to the transaction, and on the sources of funds at the expense of which the transaction was completed.

4. The basis for making a decision on exercising control over the expenses of a civil servant of the Office replacing the position provided for by the List, as well as over the expenses of his spouse (wife) and minor children (hereinafter referred to as family members) is sufficient information provided in writing, that a civil servant and (or) a family member made a transaction to acquire land plot, another object of real estate, vehicle, securities, shares (participatory interests, shares in the authorized (share) capital of organizations) for an amount exceeding the total income of a civil servant and spouse (wife) for the last three years preceding the transaction.

5. Specified information can be presented:

6. Information of an anonymous nature cannot serve as a basis for making a decision on exercising control over the expenses of a civil servant of the Office and his family members.

7. The Head of the Department or an official authorized by him makes a decision on exercising control over the expenses of a civil servant of the Department replacing the position provided for by the List, as well as over the expenses of his family members (hereinafter referred to as the Decision).

7.1. The decision is made separately for each civil servant or a member of his family and is drawn up in writing by the Order of the head of the Department or an official authorized by him.

8. Control over the expenses of a civil servant of the Office and members of his family includes:

8.1. requesting information from a civil servant;

8.1.1. on his expenses, as well as on the expenses of family members for each transaction for the acquisition of a land plot, other real estate, vehicle, securities, shares (participatory interests, shares in the authorized (share) capital of organizations), if the transaction amount exceeds the total income of a civil an employee and his spouse (wife) for the last three years preceding the transaction;

8.1.2. on the sources of receipt of funds at the expense of which the transaction specified in clause 8.1.1 was completed. of this Order;

8.2. checking the accuracy and completeness of the information specified in paragraphs 3 and 8.1. of this Order;

8.3. determination of the correspondence of expenses of a civil servant of the Office and members of his family to their total income.

9. The information provided for in paragraph 8.1 of this Order is submitted to civil servants within 15 working days from the date of their request.

10. Department employee public service and personnel responsible for the work on the prevention of corruption and other offenses (hereinafter referred to as the authorized employee of the Department) exercises control over the expenses of a civil servant and members of his family.

11. An authorized employee of the Department, no later than two working days from the date of receipt of the Order of the head of the Department on the control of expenses, notifies the civil servant of the Department in respect of whom the control of expenses is carried out:

11.1. about the decision taken;

11.2. about the need to provide the information specified in clause 8.1. of this Order; the notification must contain information on the procedure for submitting and verifying the accuracy and completeness of this information.

12. A civil servant of the Department, in connection with the control of his expenses, as well as the expenses of his family members, has the right to:

12.1. give explanations in writing:

12.1.1. in connection with the request for information provided for in paragraph 8.1. of this Order;

12.1.2. during the verification of the reliability and completeness of the information provided for in paragraphs 3 and 8.1. of this Order;

12.1.3. on the sources of receipt of funds at the expense of which he, members of his family completed the transaction specified in paragraph 8.1.1. of this Order;

12.2. submit additional materials and give explanations on them in writing;

12.3. apply to the head of the Department or an authorized person of the Department for a conversation with him on issues related to the control of his expenses, as well as the expenses of his family members.

13. The petition provided for in paragraph 12.3 of this Procedure is subject to mandatory satisfaction.

14. Within seven working days from the date of receipt of the application (if there is a good reason, within the period agreed with the civil servant), a conversation is held with the civil servant of the Department who sent the petition, during which explanations should be given on issues of interest to him.

15. Checking the accuracy and completeness of the information provided for in paragraphs 3 and 8.1. of this Procedure (hereinafter referred to as the Verification) is carried out by an authorized person of the Department independently.

15.1. Sending a request to the federal authorities executive power authorized to carry out operational-investigative activities, in the interests of the Department, if necessary, is carried out by the central office of Rosreestr at the request of the Department.

16. The audit is carried out within a period not exceeding 60 days from the date of the decision to conduct it. The inspection period may be extended up to 90 days by the persons who made the decision to conduct it.

17. A civil servant of the Department, for the period of the Audit, may be removed from his position in accordance with the established procedure for a period not exceeding 60 days from the date of the decision to carry out the Audit; this period may be extended up to 90 days by the head of the Department.

18. During the Inspection, an authorized person of the Department has the right to:

18.1. conduct, on their own initiative, a conversation with a civil servant in respect of whom the Check is being carried out;

18.2. study additional materials received from a civil servant in respect of whom the Check is being carried out;

18.3. receive from the civil servant in respect of whom the Verification is being carried out explanations on the information and materials submitted by him;

18.4. send, in the prescribed manner, requests to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies federal bodies executive power, local governments, public associations and other organizations about the information they have about income, expenses, property and property obligations of a civil servant and his family members, as well as about the sources of obtaining expendable funds;

18.5. make inquiries with individuals and receive information from them with their consent.

a) last name, first name, patronymic of the head government agency or organizations to which the request is directed;

In accordance with the order of the Office of the Ministry of Justice of the Russian Federation for the Bryansk Region dated 06/04/2013 No. 212-r “On conducting direct telephone lines”, on 06/28/2013 from 10-00 to 13-00 the head of the department for ensuring the activities of the department Fedoruk S.N. a direct telephone line was held on the topic: "Exercising control over the costs of public civil servants."

During the direct telephone line consultations were given to citizens on the following issues:

1. Question: Whose expenses are subject to control?

Answer: 03.12.2012 was adopted the federal law No. 230-F3 "On control over the compliance of expenses of persons replacing public office, and other persons to their income” (hereinafter referred to as the Cost Control Law), which entered into force on 01.01.2013. This law applies to a wide range of people. In addition to state and municipal employees, these include persons holding public positions in the Russian Federation, positions in the Bank of Russia, state corporations, pension fund RF, RF Social Insurance Fund, etc. Civil servants will report their expenses only if the position they fill is in one of the various levels lists. Those subject to the law officials who, in accordance with applicable law, annually submit information about their income and members of their families - spouses and minor children.

2. What costs are subject to control?

Answer: We are talking about the control of large expenses for the acquisition of land, vehicles, real estate, securities.

Civil servants are required to provide information on their expenses and on the sources of obtaining expendable funds only if the amount of the transaction for the acquisition of a land plot, other real estate, vehicle, securities exceeds the total income of this person and his wife (spouse) for the last three years prior to the transaction.

3 . What can serve as the basis for making a decision on exercising control over the expenses of a civil servant?

Answer: The basis for making a decision on exercising control over the expenses of a person filling a civil service position specified in the Expenses Control Law is sufficient information about the conclusion of the relevant transaction.

This information may be submitted in writing by law enforcement agencies, permanent governing bodies of political parties, the Civic Chamber of the Russian Federation or the all-Russian media. Publication in the press may well serve as the basis for an appropriate verification.

4. What consequences can be caused by the identified discrepancies between the expenses of civil servants and members of their families and their incomes?

Answer: Identification of a discrepancy between the expenses of a controlled person and his income and the income of his family members entails quite serious consequences.

So, part 3 of Art. 16 of the Law on Controlling Expenses, it is provided that if during the control of expenses circumstances are revealed that indicate that the expenses of this person, as well as the expenses of his spouse (spouse) and minor children, do not correspond to their total income, materials obtained as a result of exercising control over expenses , within three days after its completion, are sent by the person who made the decision to control expenses to the prosecution authorities of the Russian Federation.

The prosecution authorities, in accordance with the established procedure, apply to the court with an application for the conversion of property in respect of which, in accordance with the legislation on combating corruption, evidence of its acquisition with legal income, to the income of the Russian Federation is not presented.

5. What is the responsibility of a government official for the failure of a government official to report expenses?

Answer: In connection with the adoption of the Federal Law “On Control over the Compliance of Expenses of Persons Holding Public Positions and Other Persons with Their Income”, amendments and additions were made to Federal Law No. 79-FZ dated 27.07. civil service Russian Federation". In particular, art. 59.2 of the Law "On the State Civil Service of the Russian Federation" now provides for the dismissal of a civil servant due to loss of confidence in case of failure to provide information not only about their income, property and property obligations, but also about expenses.

Issues of control over expenses of civil servants

were discussed at the meeting of the Anti-Corruption Council

The meeting took place on March 13, 2012. in Moscow with the participation of the President of the Russian Federation D.A. Medvedev. The main attention was paid to the issues of improving legal acts in order to fully and timely prevent corrupt behavior.

As you know, March 13, 2012. The President of the Russian Federation signed the National Anti-Corruption Plan for 2012–2013. The previous plan was in effect in 2010 and 2011. and formed the legislative and organizational framework for the fight against corruption. Russian anti-corruption standards today already comply with the requirements of international conventions establishing liability for illicit enrichment.

According to D.A. Medvedev, the next steps to prevent corruption crimes should include control over the costs of civil servants.

The purpose of such control is obvious. If the audit reveals that the expenses of an official (at least for those transactions that the state is potentially able to control) clearly exceed his income and the person concerned cannot explain where these funds came from, then this may be the basis for both dismissing such an official from the state service, and in order to turn the property, which is acquired with unknown income, into the ownership of the state.

The foundations of the Russian legal system (the principle of the presumption of innocence) do not allow the application of criminal law measures against officials, unless it is proved that they obtained these funds by criminal means. Accordingly, the term "illicit enrichment" in the system of our legal coordinates can be used only when the crime as a criminally punishable act is revealed and proven. In all other cases, we can talk about enrichment of unknown origin, i.e. on questionable property. However, liability measures for those whose expenses clearly exceed income may be taken under other procedures.

Dmitry Medvedev admitted that over the past two years he was quite often asked the question why, along with the duty of officials to provide information on income, the duty to declare expenses was not fixed. There are several reasons for this. Income control still remains the most important component, everyone follows this path legal systems. In addition, control over the sources of funds is possible only if there is a database of the relevant property. Until such a base was created in Russia and there was, in any case, no infrastructure in order to identify the corresponding imbalance between the income and expenses of civil servants, it was pointless to pass a law on cost control. Obviously, a law that cannot be enforced not only does not contribute to correct, law-abiding behavior, but, on the contrary, leads to even greater legal nihilism.

Today, information about the income of officials is published in the media. mass media, in the Internet. An appropriate base is being created, checking structures have been formed. There are prerequisites for the transition to a new stage.

The concept of the draft law on the control of expenses of public servants is that persons holding public positions, public servants, municipal employees, as well as employees of organizations that are created by the state, are required to provide information about what funds were spent by them, as well as members of their families (meaning spouses and minor children) for the acquisition of certain types of property: real estate, securities, sales and vehicles. We are talking about such transactions that are fixed in one form or another by the state.

Data on the sources of the spent funds may also be requested, which confirm the legality of their receipt. Such information, according to the concept of the draft law, should be provided if the amount of the transaction itself, i.e. the amount of a one-time transaction made by an official or a member of his family exceeds the three-year total income of family members at the main place of service.

Information about the discrepancy between income and expenses can be provided not only by law enforcement agencies, political parties, the Public Chamber, but also the media, public associations - any interested parties.

It is also planned to amend a number of legislative acts, in particular to supplement Civil Code Russian Federation with the provision that property acquired with dubious funds is turned into state revenue - by analogy with the model that currently exists in the current civil law.

According to D.A. Medvedev, the adoption of the National Anti-Corruption Plan and the law on control over the costs of civil servants is in line with the fundamental principles modern society: openness, accountability of public administration systems and the principles of the so-called "Open Government" system, which is now being actively developed and discussed. Within the framework of this system, society should receive a set of mechanisms that increase the effectiveness of the anti-corruption fight. First of all, due to the greater availability and openness of information about the activities of the government, as well as the ability of citizens to express their opinion, influence the activities of the government through various discussions, online discussions, other discussions and through the creation and participation in the work of influential expert communities.

In 2015 the Russian Federation will host the sixth session of the Conference of the States Parties to the United Nations Convention against Corruption. According to D.A. Medvedev, this will be a useful event, and it will testify to the assessment given, among other things, by international organizations Russian efforts to combat corruption.