About the national projects “Increasing labor productivity and supporting employment” and “Small business and supporting individual entrepreneurial initiative.”
Opening remarks by Dmitry Medvedev
Today we have a regular meeting within the framework of the Presidium of the Council for strategic development And priority projects. Today we will discuss proposals for two more national projects that we are preparing as part of the implementation of May Presidential Decree No. 204. The first concerns labor productivity and employment support, and the second concerns the development of small and medium-sized enterprises and individual entrepreneurial initiative.
A few words on labor productivity. All tasks are known. The President's message set the task for productivity to grow at a rate of no less than 5% per year. While we are significantly behind world leaders in this indicator, many of them have long made this a priority of economic policy. We launched the profile program a little less than a year ago, in August 2017. Its goal is to help regions implement relevant projects, test a whole range of standard solutions. Let's see how it develops. More than 200 enterprises in 16 regions became participants in the program. We have provided various instruments of financial support, and launched a program of preferential loans from the Industrial Development Fund. According to preliminary results, at some enterprises the increase in labor productivity may amount to more than 20%.
The business community also has successful experience. There are situations when this indicator was able to increase not even by percentages, but by several times, but these are rather exceptional examples than widespread practice. Moreover, this is not always associated with some fantastic expenses; in some cases it is quite simple proper motivation, control. Now we must try to give a systematic character to these processes. There are proposals for a national project passport, which was prepared by the Ministry economic development, it is expected to involve about 10 thousand medium and large enterprises in basic non-resource sectors. The Minister of Economic Development and the Minister of Labor will tell you more.
The main target indicator of the second national project, which we are discussing today, is also determined by the May decree - this is an increase in the number of employees in small and medium-sized businesses and individual entrepreneurs up to 25 million people (according to the current situation, this is 19 million 200 thousand people, according to the Federal Tax Service). In addition, it is planned to expand the sector’s share in non-resource exports, increase bank lending and purchases from state companies. A support infrastructure was created for small and medium-sized businesses - a specialized development corporation, a guarantee system. We are reducing interest rates on loans; the state and state-owned companies are involved as buyers. A priority project has been launched, but its action ends in 2019. There are proposals prepared by the Ministry of Economic Development on the structure and content of the national project - these include simplifying tax reporting, expanding access to property on preferential terms, including access to land, activating digital support platforms, automating sales reporting from self-employed people, improving the procurement system by state-owned companies and a whole range of other ideas.
Briefing by Maxim Topilin after the meeting
From the transcript:
M. Topilin: We discussed one of the projects related to increasing labor productivity and supporting employment. The Ministry is participating in this project as part of the employment support program. This year we have already quite successfully begun piloting this project in six regions: Perm region, Bashkortostan, Tatarstan and a number of other regions. I believe that a positive result of the work of all services that are involved in this is that employers are striving to retain those employees who work at the pilot enterprises. This applies to almost everyone. The funds, 500 million rubles this year, are primarily used to train those employees who are starting to work and who require new competencies due to the fact that, for example, they are re-equipping or organizing some new lines.
The second direction is related to the organization of labor. We have forgotten this topic - the scientific organization of labor. Today, even from representatives of small businesses, it has been said that our universities pay insufficient attention to the scientific organization of labor. When I was studying, this subject was taught. Indeed, now we need to think about reviving this topic a little in universities.
We will continue these programs; just under 1.5 billion rubles will be allocated for them every year. Now the Ministry of Finance and I will clarify these positions, it’s still underway budget process, all issues related to budget plans will now be linked to national projects. We assume that this will be about 21 thousand employees per year based on the amount of funding that is provided. More and more new regions will be included in this project. We proceed from the fact that it will be very important to introduce these management technologies - labor organization, lean production - into the standard of enterprise operation.
An important area is that we have now created a digital circuit together with the Ministry of Economic Development. The bottom line is that we offer enterprises an automated product that allows you to analyze various losses, for example, according to those elements of labor organization that I spoke about. What it is? For example, sick leave. Does the company incur a lot or a few costs for sick leave? Does the enterprise incur many or few costs due to the fact that the labor organization is structured incorrectly? The enterprise incurs many or few costs due to the fact that working conditions are not properly observed and the enterprise pays additional money in Pension Fund in the form of a tariff (accordingly, there are losses)? That is, it is necessary to modernize workplaces. The inspector checks frequently. There are violations labor rights. This is a so-called institute, an online inspection tool, when enterprises can check for themselves whether they have organized all labor standards correctly: there are errors or no errors, there may be fines or not potentially - enterprises can calculate themselves in this way and look without checks , to what extent they can optimize resources and avoid unnecessary costs. Therefore, this direction will also be our element in the program.
Another small area is modernizing the work of employment centers. Small resources, about 600 million rubles a year, will be allocated to make employment centers in each region pilot, train employees, and make their work proactive. How we work with disabled people: it is not disabled people who come to the employment service, but the employment service should, as a priority, work with disabled people, identify their needs and work with them. The same will happen at enterprises that will be included in the program to increase labor productivity.
Question: How will the pension bill introduced by the Government affect labor productivity?
M. Topilin: I believe that it will have a positive impact. You and I understand that if there is a serious shortage of workers in the labor market, then there is a desire to lure workers away or a wage race, which is not always necessary for the economy in a given period. Therefore, we assume that this will be a positive impact. Today in the State Duma Budget Committee the bill was supported and approved. I said there that we now have the only opportunity from the labor market point of view to raise the retirement age. Because now a small generation is entering the market, which was born in the 1990s. We won't have another window of opportunity anytime soon. You can talk as much as you like about the fact that so many people are entering the labor market, but due to the increase in the retirement age, a little more or a little less remains... Firstly, it doesn’t change from year to year, these are different dynamics, different numbers. But the most important thing is that we will not have a situation where we have a serious minus at the input in the coming years; we will have a plus in a certain number of years.
Briefing by Maxim Oreshkin at the end of the meeting
M. Oreshkin: Today at the meeting of the Presidium of the Council for Strategic Development we considered two national projects. Systematic work is underway to prepare all national projects. Today on the agenda were a project on the development of small and medium-sized businesses and a project on labor productivity.
If we talk about the project on labor productivity, then here, first of all, we are talking about achieving an increase in labor productivity, not related to the growth of investments, but related to the search for internal reserves of enterprises, the creation special system, which will help enterprises increase labor productivity.
This project was already launched in August last year. Last year there were 7 pilot regions, now the number of regions is increasing to 16. Work here is progressing systematically. Ambitious targets have been set to reach the number of enterprises involved in the program at the level of 10 thousand. Now the entire infrastructure is being created to ensure that these targets ensure that they ultimately allow achieving productivity growth of 5% annually.
As for the project for the growth of small and medium-sized businesses, there are also ambitious indicators - both the growth in the number of people employed in this segment and the growth in the share of this segment in the gross domestic product. Here is a whole range of measures that will support enterprises from the very start, from the emergence of an idea to registration: applying for support services, obtaining the necessary knowledge for the development of enterprises...
The most expensive, most important element is improving access to finance. What we're saying here is that small business loan rates should go down. And one of the problems that we see is that banks have historically not been accustomed to working with small and medium-sized businesses. Instruments such as leasing and factoring are not developed. Microfinance organizations do not always work effectively and sufficiently. We will carry out systematic work along all these chains to make financial resources more accessible to small and medium-sized businesses.
Question: Maxim Stanislavovich, are there any calculations of how raising the retirement age in Russia will affect the increase in labor productivity?
M. Oreshkin: I can say what impact the program that is being implemented has, look at individual enterprises. We have results when enterprises already participating in the program show growth dynamics of tens of percent. Most importantly, we see that there is often no release of excess labor resources, since people are retrained thanks to this program, remain at enterprises, occupy new positions, and gain new competencies. Therefore, in general, the national project on labor productivity does not lead to any serious shocks for the labor market, but rather leads to an increase in income through economic growth and productivity growth.
Meeting of the Presidium of the Council under the President of the Russian Federation for Strategic Development and National Projects
Gorki, Moscow region
About the national program “Digital Economy of the Russian Federation” and the national project “Safe and high-quality roads”.
Opening remarks by Dmitry Medvedev:
Opening speech by Dmitry Medvedev at a meeting of the Presidium of the Council under the President of the Russian Federation for Strategic Development and National Projects
Today the presidium is dedicated to two topics – the digital economy and safe and high-quality roads.
At previous meetings, we outlined the outlines of the work ahead and identified the main approaches to this issue. Today we will analyze the passports of these projects with specific action plans, targets, deadlines and financing.
A few words about each of these projects.
The Digital Economy program is, of course, new opportunities for economic growth in our country. Development should be ensured not only through process automation. A new business model, the creation of information products and services, and the development of social relations in this environment and human capital based on the opportunities that the digital economy opens up.
The President set the task of tripling domestic investment in the digital economy in six years, creating a modern and secure IT structure that would be accessible to everyone, and transferring government agencies primarily to Russian software.
Solving this problem requires active work in very different areas. Information technologies permeate literally everything today - from industry to government. In addition, such results cannot be achieved without effective partnership between the state, development institutions and high-tech companies. Business has a key role to play here as it has a better sense of the trend and structure of this kind of market.
The first thing that will need to be worked on within the framework of the national project is modern regulation. We have already addressed this topic several times. Our country should create favorable and competitive conditions for participants in the digital environment, as well as uniform requirements for various electronic operations, be it the identification process, the circulation of documents, or the storage and processing of data. Legislation should stimulate intellectual activity in the field of innovation, in the digital sphere and ensure an influx of investment in such projects.
Rules for use will need to be developed latest technologies in the financial market, which would simplify the access of small and medium-sized enterprises to financing. I have said this many times when it comes to regulation: regulation must be economical. We should not set ourselves the goal of regulating everything, because otherwise it will be a deterrent and not an incentive for the development of digital technologies. In other words, regulation here must be necessary and sufficient.
The second thing I would like to say. This is information infrastructure.
We are talking about providing Internet access settlements with a staff of 250 to 500 people, as well as connecting to the network all government bodies and budgetary organizations, including medical and educational institutions.
The development of mobile and satellite communications will continue. We are gradually moving towards the creation of individual elements of fifth generation networks. In a few years, this opportunity should appear in selected large cities. We are about to start using wireless communication networks of the Internet of Things. Cover transport infrastructure facilities with communications.
Third. Particular attention is paid to the staff.
Today, specialists need to be trained and retrained quickly and for specific practical tasks. To do this, it is necessary to determine the required competencies, create good educational products for them, and then combine this with the needs of organizations that operate in the IT field.
Year after year, our schoolchildren show truly brilliant results at world olympiads in mathematics, cybernetics and natural sciences. And supporting talent is very important. Young specialists must have all the material resources, access to laboratories, receive research grants and find employment where they can realize themselves.
Another direction, or component, is cybersecurity.
The main result that we must achieve here is the production of in-demand Russian IT products and IT services. More broadly, we need to ensure higher standards of protecting the interests of individuals, business interests, and the state from information threats. We are talking about payment systems, the protection of personal data, and the prevention of cyber attacks.
Fifth is the development of Russian digital technologies.
This is not the first year that we have been implementing “end-to-end” technologies. There are some successes. Further efforts should be concentrated on systemic support for market leaders, support for those projects that are now required by the economy and citizens of our country.
A fundamentally important issue is strengthening demand for Russian IT products. Here we count on the proactive role of state-owned companies and companies with state participation. They have great opportunities. Their experience of digital transformation can, to a certain extent, be transferred to others.
And of course, we need to strengthen interaction with our largest manufacturers. I mean that Russian equipment should be used as widely as possible.
And the last thing I would like to talk about is the “digitization” of public administration. We provide some of the important socially significant services - extraterritorially and without undue burden on people, on the citizens of our country - even now. Nevertheless, there is obviously room for improvement here. These are services in the field of education, healthcare, security, and business services. All this will need to continue to be dealt with within the framework of the national program.
Accordingly, in the next six years it is planned to devote a lot of money to this program a significant amount. From all sources, this is several trillion rubles. It will be necessary to finally discuss by numbers what is there and how it turns out.
And the second national project is “Safe and high-quality roads”. There are no less ambitious goals here. It is necessary to increase the share of regional roads that meet regulatory requirements to 50%, reduce the number of places with a high concentration of accidents and congested areas, and reduce road deaths.
It is important that plans for the development of the road network are linked to the long-term spatial development of the country. Road construction always has a quick positive effect and gives impetus to the development of new business routes.
The work will be carried out in several directions.
Firstly, we need to start putting regional and intermunicipal roads in order. Assess their current condition and update road construction programs. The project will cover cities with a population of over 200 thousand people, including 38 urban agglomerations.
It is important not only to improve the condition of roads, but also to take care of their safety. Planned to update technical requirements and design standards, including those based on digital technologies. Introduce new automated methods of organizing movement and control.
The most important direction of the project is the use of life cycle contracts, the transition to the most modern technologies and construction materials. To do this, it is necessary to pay due attention to improving the qualifications and training of road workers.
In terms of road safety, driver responsibility for violations of traffic rules will be strengthened, with an emphasis on the prevention of violations, automation and equipping relevant services with advanced equipment and technical controls.
The amount of funding for this project – from all sources, I emphasize – is also very significant. This is several trillion rubles. We now need to finally decide how and at what cost this will be done.
Briefing by Konstantin Noskov at the end of the meeting
From the transcript:
K. Noskov: Today at the presidium of the council they reviewed the passport of the Digital Economy program. In general, the project was approved. A number of technical, I would say, disagreements were voiced, which will be finalized in the near future.
In addition, there were questions about the distribution of funding by year within the program passport. At the same time, it was decided that the “Digital Economy” program is a priority, so funding will be shifted as much as possible, as they say, to the left for accelerated construction, including digital infrastructure.
Question: The amount of budget funds required to implement this program was recently announced - about 1.08 trillion rubles. Have the sources of extra-budgetary funding for the project been identified?
K. Noskov: Sources identified. Of course, the program will be implemented primarily on the principles of competitions, so sources of extra-budgetary funding will be determined for the most part as a result of competitions. I hope that the figures that we are putting into the program now will even be exceeded.
Question: And how much are those several necessary trillions that the Prime Minister spoke about?
K. Noskov: Now we are laying down about 2 trillion. 1.08 trillion is additional budget funds, and we expect at least the same amount from extra-budgetary sources.
Question: That is, it turns out to be 2.16 trillion?
K. Noskov: Plus or minus.
Briefing by Evgeniy Dietrich after the meeting
From the transcript:
Question: Question about the “Safe and Quality Roads” project. I would like to understand the total budget of the project until 2024. Surely this will not be 100% government funding; there will also be private funds. What is the total budget and breakdown of private and public funds?
E. Dietrich: The “Safe and Quality Roads” project was reviewed today by the council presidium and was generally approved. We will clarify and detail positions on a number of indicators, but a general understanding of the project already exists and has developed.
The national project consists of four federal projects. The main one is the federal project “Road Network”. The project provides that, according to the May decree of the President, we will have to, together with regions and cities, bring the road network of urban agglomerations to such a state that 85% of it complies with regulatory requirements. This will be almost completely reduced to normative state street and road network. We will have to reduce the number of concentrations of road traffic accidents in the regional and local network highways, bring at least half of the regional highways between agglomerations to standard condition.
A big, large-scale project. Designed for implementation within six years. It is envisaged that regions and cities will participate in this project - in agglomerations where the road network is being brought into standard condition. They are investing about 3.1 trillion rubles in the project over a period of six years.
The Russian Federation is adding co-financing funds to this project in the amount of almost one and a half trillion rubles. Over a six-year period - 1.447 trillion. These funds are mainly used to bring regional roads to standard condition and work in the main agglomerations.
The project does not provide for private co-financing, since the bulk of the work that will be carried out relates to repair work- This major renovation, repair and modernization of the road network and roads between cities.
Question: Is the amount you indicated consistent with the financial and economic block?
E. Dietrich: The total volume that I have just named - 1.447 trillion rubles for a period of six years - has been agreed upon with the financial and economic block of the Government.
Participants of the presidium meeting
Council under the President of the Russian Federation
on strategic development and national projects
(topics: digital economy, safe and high-quality roads)
residence "Gorki"
Reception House
Members of the Presidium:
Andrey Removich BELOUSOV – Aide to the President of the Russian Federation (Deputy Chairman of the Presidium of the Council)
AKIMOV Maxim Alekseevich – Deputy Prime Minister of the Russian Federation
GOLIKOVA Tatyana Alekseevna – Deputy Prime Minister of the Russian Federation
GORDEEV Alexey Vasilievich – Deputy Chairman of the Government of the Russian Federation
Vitaly Leontievich MUTKO – Deputy Prime Minister of the Russian Federation
Sergei Semenovich SOBYANIN – Mayor of Moscow
CHUYCHENKO Konstantin Anatolyevich – Deputy Chairman of the Government of the Russian Federation – Chief of Staff of the Government of the Russian Federation
Invited:
DIETRICH Evgeniy Ivanovich – Minister of Transport of the Russian Federation
KOLOKOLTSEV Vladimir Aleksandrovich – Minister of Internal Affairs of the Russian Federation
KOTYUKOV Mikhail Mikhailovich – Minister of Science and Higher Education of the Russian Federation
NOSKOV Konstantin Yurievich – Minister of Digital Development, Communications and Mass Communications of the Russian Federation
Dmitry Vitalievich BULGAKOV – Deputy Minister of Defense of the Russian Federation
ZENKOVICH Pavel Stanislavovich – State Secretary – Deputy Minister of Education of the Russian Federation
IVANOV Andrey Yurievich – Deputy Minister of Finance of the Russian Federation
SHIPOV Savva Vitalievich – Deputy Minister of Economic Development of the Russian Federation
DMITRIEV Kirill Alexandrovich – CEO Russian Direct Investment Fund
Agenda: on national projects “International cooperation and export”, “Small and medium-sized businesses and support for individual entrepreneurial initiative”, “Labor productivity and employment support”, “Culture”, “Ecology”, “Housing and urban environment”, on a comprehensive plan for modernization and infrastructure development.
Opening remarks by Dmitry Medvedev:
Today we have a big meeting of the presidium of the Council for Strategic Development and National Projects. First, I want to say that the work on the formation of national projects is entering its final phase; in the federal budget for the next three years, the Government has provided all the necessary funds for their implementation. Today we will discuss the latest editions, taking into account comments and amendments that were proposed at previous presidiums, as well as by project committees under the leadership of my deputies.
While the goals of national projects remain unchanged - they are defined in the decree - the methods for achieving them can be adjusted depending on the socio-economic situation, budgetary capabilities and other factors.
Today we will complete the development of passports for six national projects that relate to exports, small and medium-sized businesses, labor productivity, housing, culture and the environment.
I'll start with export. This Project “International Cooperation and Export”. We have to qualitatively increase the competitiveness of Russian goods and expand their presence in world markets. Our industrial and trade policies should be oriented towards this, including existing government regulatory instruments, industry and corporate programs.
Special attention should be paid to the export of services. There are a number of areas where we can progress successfully. These are, for example, IT, construction, finance, tourism. In the sector of the agricultural-industrial complex, we expect an increase in the share of goods with high added value. This requires modernization of production and re-equipment of enterprises. The entire commodity distribution infrastructure needs to be improved. It is necessary to remove trade barriers, create a full-fledged system positioning and promotion of Russian products abroad.
We offer to make our contribution to export supplies and small companies. There is a separate national dedicated to them. project - “Small and medium-sized businesses and support for individual entrepreneurial initiatives.” Quite a lot has already been done to improve business conditions. We have been doing this for several years now, and there are results. However, there remains a number of areas not covered, including simplification of tax reporting and the creation of more favorable conditions for the self-employed.
Demand for soft loans still exceeds supply. We need to do this in such a way that small and medium-sized businesses still have greater opportunities to receive credit on terms acceptable to them. Including access to additional sources of financing through the stock market and leasing instruments. Small and medium-sized enterprises need to know what support measures they can count on. They need to be more involved in the system public procurement. There are many areas with high demand for SME services. In particular, this is the urban environment, the activities of social institutions. We need to focus on them.
Labor productivity and employment support. Here it is necessary to develop incentive measures, including financial ones - provision of preferential loans, tax preferences and a number of others, both at the federal and regional levels. Also here it is necessary to reduce administrative barriers and improve labor legislation, adjust the norms that relate to the digital economy, since new opportunities are constantly appearing there that must be taken into account in regulation. In particular, we will clarify the qualification requirements for existing and new professions.
A separate topic is international cooperation on productivity surveys.
The next topic is culture. We intend to create conditions for as many people as possible to visit theaters and museums, concert halls and libraries. It is planned to renovate and build new cultural institutions in big cities and, of course, introduce digital technologies in rural areas. All these activities must be linked to the integrated development of the urban environment - this is national project “Housing and Urban Environment”.
Here we pose four problems.
- First, we need to improve the mechanisms for financing housing construction and make mortgages more accessible to different families.
- Secondly, it is necessary to create a new mechanism for relocating people from premises unsuitable for normal life.
- Thirdly, increase the volume of housing construction.
- Fourth, continue large-scale measures to improve Russian cities.
All this work should improve the environmental situation, in this case I’m talking about the national project "Ecology". The key measures here are the formation of a system for handling municipal solid waste, the elimination of landfills, and the reduction of pollutant emissions in air environment, improving water quality through modernization of water supply systems. To do this, it is necessary to create incentives to ensure a transition to the best available technologies. This will be monitored not only by the state, but also by the citizens of our country themselves, for which a system of public control is being formed.
In general, for the implementation of these six national projects, we have provided in the project federal budget for next year (I emphasize - next year) over 310 billion rubles, more precisely, 314. The money is very significant, but this is not the limit, we will just have to look at how the financing of certain national projects is going, and then we will make a decision , depending on how events develop. Of course, we expect maximum return on every dollar invested.
Another item on the agenda is the plan for modernization and expansion of the main infrastructure. This is the result collaboration Ministry of Economic Development, Ministry of Transport and Ministry of Energy. We have infrastructure is a key driver of development. The length of highways per 1 million people in our country is 5 km, while in Germany - 38 km, in China - 16 km, in Turkey - 9 km. That's the difference. One of the main reasons is the lack of investment and the underdevelopment of public-private partnerships in this area. Therefore, in accordance with the decree, we will develop the West-East and North-South transport corridors and expand the railway, road, aviation, sea and river infrastructure. It is important that this plan is linked to national projects (in particular, “International cooperation and export” and “Safe and high-quality roads”). As of this moment In the draft federal budget for the next year, about 323 billion rubles were allocated for the Comprehensive Plan for the modernization and expansion of the main infrastructure. Infrastructure development - common task, we expect that companies, including private companies, will take an active part in this.
PRESIDENT OF THE RUSSIAN FEDERATION
About the Council under the President of the Russian Federation for economic modernization and innovative development of Russia
Revoked based on
Decree of the President of the Russian Federation of July 19, 2018 N 444
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Document with changes made:
(Official Internet portal of legal information www.pravo.gov.ru, November 26, 2012);
(Official Internet portal of legal information www.pravo.gov.ru, 02/11/2013);
(Official Internet portal of legal information www.pravo.gov.ru, 07.29.2013);
(Official Internet portal of legal information www.pravo.gov.ru, 04/09/2015, N 0001201504090003);
Decree of the President of the Russian Federation of November 22, 2016 N 616 (Official Internet portal of legal information www.pravo.gov.ru, November 22, 2016, N 0001201611220051).
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In order to promote the modernization of the economy and innovative development of Russia, the improvement of public administration in this area
I decree:
1. Establish a Council under the President of the Russian Federation for economic modernization and innovative development of Russia.
2. Approve the attached:
a) Regulations on the Council under the President of the Russian Federation for economic modernization and innovative development of Russia;
b) the composition of the Council under the President of the Russian Federation for economic modernization and innovative development of Russia;
c) the composition of the presidium of the Council under the President of the Russian Federation for economic modernization and innovative development of Russia.
3. Abolish the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy.
4. To recognize as invalid:
Decree of the President of the Russian Federation of May 20, 2009 N 579 “On the Commission under the President of the Russian Federation for the modernization and technological development of the Russian economy” (Collected Legislation of the Russian Federation, 2009, N 21, Art. 2552);
Decree of the President of the Russian Federation dated July 11, 2009 N 789 “On introducing changes to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collection of Legislation of the Russian Federation, 2009 , N 28, art. 3521);
Decree of the President of the Russian Federation dated August 5, 2009 N 917 “On introducing changes to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2009 , N 32, Art. 4004);
Decree of the President of the Russian Federation dated January 21, 2010 N 85 “On introducing changes to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2010 , N 4, art. 370);
Decree of the President of the Russian Federation dated March 3, 2010 N 267 “On amending the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2010 , N 10, art. 1056);
Decree of the President of the Russian Federation of April 30, 2010 N 532 "On amendments to the Regulations on the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation of May 20, 2009 N 579" (Collection of Legislation of the Russian Federation, 2010, N 18, art. 2212);
Decree of the President of the Russian Federation dated September 22, 2010 N 1155 “On introducing changes to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2010 , N 39, art. 4931);
Decree of the President of the Russian Federation dated October 25, 2010 N 1290 “On introducing changes to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2010 , N 44, art. 5660);
Decree of the President of the Russian Federation of November 24, 2010 N 1466 “On introducing changes to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation of May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2010 , N 48, art. 6368);
Decree of the President of the Russian Federation dated September 17, 2011 N 1201 “On introducing changes to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579”;
Decree of the President of the Russian Federation dated September 25, 2011 N 1243 “On amendments to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2011 , N 40, art. 5525);
Decree of the President of the Russian Federation dated January 19, 2012 N 87 “On amendments to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2012 , N 4, art. 472);
Decree of the President of the Russian Federation dated February 13, 2012 N 178 “On amendments to the composition of the Commission under the President of the Russian Federation for modernization and technological development of the Russian economy, approved by Decree of the President of the Russian Federation dated May 20, 2009 N 579” (Collected Legislation of the Russian Federation, 2012 , N 8, art. 984).
5. The Government of the Russian Federation shall, within 2 months, bring its acts into compliance with this Decree.
6. This Decree comes into force from the date of its signing.
The president
Russian Federation
V.Putin
Regulations on the Council under the President of the Russian Federation for economic modernization and innovative development of Russia
1. The Council under the President of the Russian Federation for the modernization of the economy and innovative development of Russia (hereinafter referred to as the Council) is an advisory body under the President of the Russian Federation, formed in order to ensure interaction between federal government bodies, government bodies of the constituent entities of the Russian Federation, bodies local government, public associations, scientific and other organizations when considering issues related to economic modernization and innovative development of Russia.
2. The Council in its activities is guided by the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, as well as these Regulations.
3. The regulations on the Council and its composition are approved by the President of the Russian Federation.
4. The main objectives of the Council are:
a) preparation of proposals to the President of the Russian Federation to determine the main directions and mechanisms for modernizing the economy and innovative development of Russia, including the development of measures of state support in this area of activity;
b) coordination of the activities of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments, business and expert communities in the field of economic modernization and innovative development of Russia;
c) definition priority areas, forms and methods of state regulation in order to modernize the economy and innovative development of Russia;
d) coordination of activities to implement the project to create and ensure the functioning of a territorially separate complex for the development of research and development and the commercialization of their results.
5. To solve the main tasks assigned to it, the Council has the right:
a) request and receive in the prescribed manner necessary materials from federal government bodies, government bodies of constituent entities of the Russian Federation, local governments, public associations, scientific and other organizations, as well as from officials;
b) invite to their meetings officials of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, representatives of public associations, scientific and other organizations;
c) send members of the Council to participate in meetings, conferences and seminars held by federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, public associations, scientific and other organizations, which discuss issues related to economic modernization and innovative development Russia;
d) involve, in the prescribed manner, scientific and other organizations, as well as scientists and specialists, in the implementation of information, analytical and expert work, including on a contractual basis;
e) subparagraph has lost force - Decree of the President of the Russian Federation of November 20, 2012 N 1556..
f) use, in accordance with the established procedure, data banks of the Administration of the President of the Russian Federation and federal government bodies.
6. The Council is formed by the Chairman of the Council and members of the Council. Members of the Council take part in its work on a voluntary basis.
The Chairman of the Council is the President of the Russian Federation.
7. The Council, in accordance with the main tasks assigned to it, creates interdepartmental commissions from among its members, as well as from representatives of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies and organizations that are not members of the Council.
The chairmen of interdepartmental commissions and their composition are approved by the chairman of the Council or, on his instructions, by the chairman of the presidium of the Council.
8. To resolve current issues of the Council’s activities, a Presidium of the Council is formed. The presidium of the Council includes the chairman of the presidium of the Council, deputy chairmen of the presidium of the Council, the secretary and members of the presidium of the Council. The composition of the Presidium of the Council is approved by the President of the Russian Federation.
The Chairman of the Presidium of the Council is the Chairman of the Government of the Russian Federation.
9. Presidium of the Council:
a) proposes issues for discussion at Council meetings;
b) creates, in accordance with the main tasks assigned to the Council, for carrying out analytical and expert work, permanent and temporary working groups (interdepartmental commissions) from among the members of the Council, as well as from representatives of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies and organizations that are not members of the Council;
By Decree of the President of the Russian Federation of November 20, 2012 N 1556.
c) determines the directions of activity of the created working groups (interdepartmental commissions), and also approves their leaders;
(Subclause as amended, put into effect by Decree of the President of the Russian Federation of November 20, 2012 N 1556.
d) resolves organizational and other issues related to the implementation of information, analytical and expert work in the field of economic modernization and innovative development of Russia;
e) considers issues related to the implementation of Council decisions, including issues of the activities of interdepartmental commissions;
f) determines the legal entity entrusted with the implementation of the project to create and ensure the functioning of a territorially separate complex for the development of research and development and the commercialization of their results, as well as in cases provided for constituent documents of this legal entity, participates in the formation of its bodies, coordinates changes made to its charter, and determines the territory in which the project is being implemented.
(The subparagraph was additionally included by Decree of the President of the Russian Federation of November 20, 2012 N 1556)
10. The preparation and organization of meetings of the Council and the Presidium of the Council, as well as the resolution of current issues of the activities of the Council, are carried out by the secretary of the Presidium of the Council.
11. Meetings of the Council are held at least once every six months. If necessary, extraordinary meetings of the Council may be held.
The meeting of the Council is chaired by the Chairman of the Council or, on his behalf, the Chairman of the Presidium of the Council or one of the Deputy Chairmen of the Presidium of the Council.
12. Meetings of the Presidium of the Council are held at least once a month. If necessary, extraordinary meetings of the Council Presidium may be held.
The meeting of the Presidium of the Council is chaired by the Chairman of the Presidium of the Council or one of his deputies.
13. Decisions of the Council are documented in minutes, which are signed by the chairman of the meeting of the Council. To implement the decisions of the Council, decrees, orders and instructions of the President of the Russian Federation may be issued.
By Decree of the President of the Russian Federation of November 20, 2012 N 1556.
14. Decisions of the Presidium of the Council are documented in minutes, which are signed by the person presiding at the meeting of the Presidium of the Council. To implement the decisions of the Presidium of the Council, decrees and orders of the Government of the Russian Federation may be issued, and instructions from the Chairman of the Government of the Russian Federation may be given.
(Clause as amended, put into effect by Decree of the President of the Russian Federation of November 20, 2012 N 1556.
15. Control over the implementation of decisions of the Council and decisions of the presidium of the Council is carried out by the chairman of the presidium of the Council and deputy chairmen of the presidium of the Council.
16. Decisions of the Council are sent to the Government of the Russian Federation, the Federation Council Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation and government bodies of the constituent entities of the Russian Federation.
17. Organizational and technical support for the activities of the Council is provided by the Administration of the President of the Russian Federation.
Composition of the Council under the President of the Russian Federation for economic modernization and innovative development of Russia
Putin V.V. | President of the Russian Federation (Chairman of the Council) | ||||
Medvedev D.A. | Chairman of the Government of the Russian Federation | ||||
Abramov A.G. | |||||
Abyzov M.A. | Minister of the Russian Federation | ||||
Agamirzyan I.R. | General Director of the open joint-stock company "Russian Venture Company" (as agreed) | ||||
Decree of the President of the Russian Federation of November 20, 2012 N 1556) | |||||
Akimov M.A. | First Deputy Chief of Staff | ||||
Belousov A.R. | Assistant to the President of the Russian Federation | ||||
General Director of the open joint-stock company "RTI" (as agreed) | |||||
(Additionally included in the Council by Decree of the President of the Russian Federation dated November 20, 2012 N 1556; as amended by Decree of the President of the Russian Federation dated February 9, 2013 N 104) | |||||
Vardanyan R.K. | co-director of the closed joint-stock company "Sberbank CIB" | ||||
(Position as amended by Decree of the President of the Russian Federation of November 20, 2012 N 1556) | |||||
Vekselberg V.F. | |||||
Galushka A.S. | co-chairman of the All-Russian public organization "Business Russia" (as agreed) | ||||
(Additionally included in the Council by Decree of the President of the Russian Federation dated February 9, 2013 N 104) | |||||
Gurko A.O. | President of the non-profit partnership "Promoting the development and use of navigation technologies" (as agreed) | ||||
Dvorkovich A.V. | Deputy Prime Minister of the Russian Federation | ||||
Dmitriev V.A. | Chairman of the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" (as agreed) | ||||
Kirienko S.V. | General Director of the State Corporation for atomic energy"Rosatom" (as agreed) | ||||
Livanov D.V. | Minister of Education and Science of the Russian Federation | ||||
Magomedov Z.G. | Chairman of the Board of Directors of the limited liability company "Summa Group" (as agreed) | ||||
Manturov D.V. | Minister of Industry and Trade of the Russian Federation | ||||
Minnikhanov R.N. | |||||
Molchanov A.Yu. | Chairman of the Federation Council Committee on Economic Policy (as agreed) | ||||
(Additionally included in the Council by Decree of the President of the Russian Federation dated November 20, 2012 N 1556) | |||||
Nabiullina E.S. | Expelled from the Council by Decree of the President of the Russian Federation dated July 27, 2013 N 650 | ||||
Nikitin A.S. | |||||
Nikiforov N.A. | Minister of Communications and Mass Communications of the Russian Federation | ||||
Novak A.V. | Minister of Energy of the Russian Federation | ||||
Pogosyan M.A. | President of the open joint-stock company "United Aircraft Corporation" (as agreed) | ||||
Predtechensky M.R. | Chairman of the Board of the Association of Participants in Scientific and Innovation Activities "SibAcademInnovation" (as agreed) | ||||
Provotorov A.Yu. | President of the open joint-stock company Rostelecom (as agreed) | ||||
Rudensky I.N. | Chairman of the Committee State Duma on economic policy, innovative development and entrepreneurship (as agreed) | ||||
Rudskoy A.I. | |||||
Siluanov A.G. | |||||
Skvortsova V.I. | Minister of Health of the Russian Federation | ||||
Streshinsky I.Ya. | General Director of the open joint-stock company "Telecominvest" (as agreed) | ||||
Surkov V.Yu. | |||||
Fortov V.E. | President of the Russian Academy of Sciences | ||||
Khlunov A.V. | Head of the Office of the President of the Russian Federation for Scientific and Educational Policy | ||||
(Position as amended by Decree of the President of the Russian Federation of November 20, 2012 N 1556) | |||||
Chemezov S.V. | General Director of the State Corporation for Promoting the Development, Production and Export of High-Tech Industrial Products "Rostechnologii" (as agreed) | ||||
Chubais A.B. | Chairman of the Board of Open Joint Stock Company "RUSNANO" (as agreed) | ||||
Chairman of the Board of Directors of ABBYY (as agreed) | |||||
Composition of the Presidium of the Council under the President of the Russian Federation for Economic Modernization and Innovative Development of Russia
Medvedev D.A. | Chairman of the Government of the Russian Federation (Chairman of the Presidium of the Council) | ||||
Nabiullina E.S. | |||||
Belousov A.R. | Assistant to the President of the Russian Federation (Deputy Chairman of the Presidium of the Council) | ||||
Akimov M.A. | First Deputy Chief of Staff of the Government of the Russian Federation (Secretary of the Presidium of the Council) | ||||
Abramov A.G. | Chairman of the Board of Directors of the limited liability company "EvrazHolding" (as agreed) | ||||
Abyzov M.A. | Minister of the Russian Federation | ||||
Vekselberg V.F. | President of the non-profit organization Development Fund of the Center for the Development and Commercialization of New Technologies (as agreed) | ||||
Dvorkovich A.V. | Deputy Chairman of the Government of the Russian Federation (Deputy Chairman of the Presidium of the Council) | ||||
Livanov D.V. | Minister of Education and Science of the Russian | ||||
Minnikhanov R.N. | President of the Republic of Tatarstan, Chairman of the Council of the Association of Innovative Regions of Russia | ||||
Nikitin A.S. | General Director of the autonomous non-profit organization "Agency for Strategic Initiatives to Promote New Projects" (as agreed) | ||||
Rudskoy A.I. | rector of the federal state budgetary educational institution higher vocational education"St. Petersburg State Polytechnic University" (as agreed) | ||||
Siluanov A.G. | Minister of Finance of the Russian Federation | ||||
Trotsenko R.V. | |||||
Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"
Kabanov Pavel Alexandrovich, doctor legal sciences, Director of the Anti-Corruption Research Institute of the Private Educational Institution of Higher Professional Education "Institute of Economics, Management and Law" (Kazan).
For the first time, from a criminological perspective, the work describes the legal regulation of the activities of the Presidium of the Council under the President of the Russian Federation for Combating Corruption, the auxiliary working bodies (groups and commissions) formed by it, examines and evaluates the specifics of their activities, and also proposes measures to improve their activities. Among the main measures to improve the effectiveness of the activities of the Presidium of the Council under the President of the Russian Federation for combating corruption, it is proposed to bring the regulations on it in accordance with the current Russian federal legislation on public service and anti-corruption legislation, and to increase the effectiveness of the activities of the auxiliary working bodies (groups and commissions) formed by it ) it is necessary to develop regulations about them, fixing in them the goals and objectives of the activity, uniform requirements for personnel, etc.
Key words: corruption, anti-corruption, council, presidium of the council, conflict of interest, civil service, civil servant, working group, commission.
Presidium of the Russian Federation President's council and established working teams and committee as the federal specialized anti-corruption authorities: legal regulation and raise of their efficiency
The author of the article describes legal regulation of anticorruption activities performed by the Presidium of the Russian Federation President"s Council and support facilities (teams and committees) from the point of view of criminology. The author also describes and analyzes specific features of their activity and proposes his own ways to improve it. One of such ways to raise efficiency of the Presidium of the Russian Federation President"s Council in the sphere of corruption is to bring this provision into compliance with the current federal laws about state service and corruption. In order to raise efficiency of activities performed by support facilities (teams and committees) it is necessary to establish certain legal provisions that would fix the purposes and tasks of their activity as well as unified requirements for the personnel and etc.
Key words: corruption, fight against corruption, committee, presidium, council, conflict of interests, state service, state officer, working team.
Anti-corruption is a complex, consistent, multi-level and multi-aspect activity of government bodies, local governments, civil society institutions and the entire population. To implement this function of the modern Russian state, reliable tools and mechanisms for combating corruption are being developed and specialized federal, regional, departmental and municipal anti-corruption bodies are being created. Among the anti-corruption bodies, a special place is occupied by the Council under the President of the Russian Federation on Combating Corruption (hereinafter referred to as the council. - Author's note - P.K.), whose powers include solving the following tasks: a) preparing proposals to the President of the Russian Federation regarding the development and implementation of state policy in the field of anti-corruption (formation of state anti-corruption policy); b) coordination of the activities of federal executive authorities, executive authorities of constituent entities of the Russian Federation and local government bodies of municipalities in implementing state policy in the field of anti-corruption (coordination of anti-corruption activities); c) control over the implementation of measures provided for by the National Anti-Corruption Plan (control over the implementation of anti-corruption policy)<1>. The Council is headed by the President of the Russian Federation, and he also forms its composition to solve the main tasks. The size of the council changed several times, but at the beginning of October 2012 its number was 29 people<2>.
<1>
<2>
To ensure the solution of the tasks assigned to the council, a permanent body was created under it - the presidium of the Council under the President of the Russian Federation for Combating Corruption (hereinafter referred to as the presidium. - Author's note - P.K.) with specialized competence and several functions. The main functions of the presidium can be divided into two groups: a) technical support for the activities of the council (formation of the agenda for meetings of the Council and the creation of working groups (commissions) on some of the most complex and important issues of implementing state policy in the field of anti-corruption); b) functional support for the effective activities of the council (consideration of issues related to the implementation of the decisions of the Council and the execution of the powers of the commission for compliance with requirements for official behavior and resolution of conflicts of interest in relation to a certain category of government officials). It goes without saying that these functions of the Presidium are interconnected and interdependent. At the beginning of October 2012, the Presidium of the Council included 17 people - all representatives of federal government bodies.
Turning to the analysis of the work of the presidium, judging by the available information posted on the Council’s website and individual publications in the media, it should be noted that this body met relatively often, usually once a month, to consider current issues. Judging by official data, from June 24, 2010 to October 1, 2012, the Presidium of the Council met 17 times (according to unofficial data, about 30 times. - Author's note - P.K.), as a rule, to consider current issues related to the implementation of activities provided for by the National Anti-Corruption Plan. At the same time, only twice at a meeting of the Presidium of the Council were materials related to the exercise of the powers of the commission on compliance with the requirements for official conduct of federal civil servants and the resolution of conflicts of interest (September 28, 2010 and May 24, 2011) considered. It is possible that in the future the practice of using the presidium of the council as a body for complying with the requirements for official conduct of federal civil servants and resolving conflicts of interest will be expanded. However, here the contradictions become obvious between the decree of the President of the Russian Federation regulating the activities of the Presidium as a body for compliance with the requirements for official conduct of civil servants and the settlement of conflicts of interest, and the provisions of federal legislation on state civil service and on combating corruption. In particular, the provisions of paragraph 6 of Art. 19 of the Federal Law "On State Civil Service in the Russian Federation"<3>, providing for requirements for the personnel of the body that considers received materials about non-compliance by state civil servants with requirements for official conduct and the resolution of conflicts of interest. This norm directly states that the number of independent experts must be at least one quarter of the total number of members of the body considering the relevant materials. This provision of the legislation on public service is fully compatible with the principle of federal anti-corruption legislation provided for in paragraph 7 of Art. 3 of the Federal Law "On Combating Corruption" - cooperation between the state and civil society institutions in combating corruption<4>.
<3>Federal Law of July 27, 2004 N 79-FZ “On State Civil Service in the Russian Federation” // SZ RF. 2004. N 31. Art. 3215.
<4>Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” // SZ RF. 2008. N 52 (part 1). Art. 6228.
In our opinion, there are two ways to resolve this contradiction. One is aimed at preserving this function for the presidium of the Council, but for this it is necessary to introduce into its composition competent representatives of the expert community who are members of the Council (A.G. Kucherena, G.P. Okorokova, V.N. Rudenko, T.Ya. Khabrieva , L.I. Yakobson). Another way involves the creation of a Commission to comply with the requirements for official conduct of federal civil servants and resolve conflicts of interest for a certain category of officials. This commission can carry out its activities either under the President of the Russian Federation, or under the Council, or under the Presidium of the Council. In our opinion, the second path is preferable, since it will be more consistent with both the legislation on the state civil service and the federal anti-corruption legislation.
It should be noted that one of the main functions of the Presidium - the formation of the agenda for the Council meeting - is purely technical and is not of particular scientific or practical interest. This is due to the fact that meetings of the Council since its formation were held only 5 times (September 30, 2008, March 10, 2009, April 6, 2010, January 13, 2011, March 14, 2012) and the specifics of the formation of the agenda is determined by the regulations for holding such meetings on other issues. At the same time, the creation by the presidium of working groups (commissions) on certain issues of its activities may cause some interest in organizing the work of both regional and municipal specialized anti-corruption bodies with similar competence for their level. This is due to the fact that at the level of the constituent entities of the Russian Federation, the process of creating similar working bodies that ensure the work of anti-corruption councils under the heads of regions is still ongoing<5>.
<5>Decree of the President of the Republic of Tatarstan dated June 2, 2012 N UP-415 "On the Republican expert group on anti-corruption issues" // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and regulations of republican executive authorities. 2012. N 43. Art. 1457; order of the Committee on Youth Policy and Interaction with Public Organizations of the Government of St. Petersburg dated June 29, 2012 No. 40-r “On approval of the composition of the working group.” The document is in the personal archive of the author.
As stated in the regulatory legal act itself regulating the activities of the Presidium of the Council, in order to solve the tasks assigned to it, it can create working groups (commissions) on certain issues from various categories of the population. Working groups and commissions may include: a) council members; b) representatives government agencies; c) representatives of public associations and organizations; d) experts; e) scientists; e) specialists.
At the beginning of October 2012, two working groups and one commission were created under the Presidium of the Council. The first working body of the presidium was the working group created by its decision of April 6, 2010 on interaction with civil society structures, chaired by a member of the Council and the Presidium of the Council, Minister of Justice of Russia A.V. Konovalov numbering 35 people. The purpose of creating this commission is obvious - to develop proposals to the Presidium of the Council and the Council to ensure interaction between public authorities and civil society institutions in the field of combating corruption.
The structure of this working group is of interest, which included two members of the Council from both federal government bodies (A.V. Konovalov) and civil society institutions (A.G. Kucherena), 9 representatives of government bodies, 12 representatives public organizations and associations, 12 scientists, specialists and experts. The last group is very difficult to divide into the categories proposed in the normative legal act (specialists, experts, scientists). However, it is already obvious that the quantitative advantage in the activities of the working group belongs to representatives of public associations (organizations), qualified specialists (scientists, experts) and only about 30% of the members of the working group are government employees. The meeting of the working group and the issues discussed at them are mentioned only twice on the website of the Ministry of Justice of the Russian Federation (meetings on March 22, 2011 and September 29, 2011). At the same time, it should be noted that meetings of the working group are held regularly - once a quarter according to a work schedule approved by the group leader and agreed upon with all participants in the upcoming meetings.
Somewhat later than the working group of the Presidium on interaction with civil society structures, in July 2010, by order of the President of Russia, a Commission was created under the Presidium of the Council to coordinate the activities of federal executive bodies and other government bodies for the implementation of international treaties of the Russian Federation in the field of anti-corruption (hereinafter referred to as - commission - Author's note - P.K.) <6>.
<6>
The main goal of the commission’s activities was to increase the efficiency of coordination of the activities of federal executive authorities and other government bodies in the implementation of international treaties of the Russian Federation in the field of combating corruption. The main objectives were formulated as follows:
A) preparation of proposals to the Presidium of the Council on measures to implement the international obligations of the Russian Federation in the field of combating corruption;
b) participation in the preparation of proposals:
- on holding consultations with the relevant authorities of foreign states, international organizations or other entities in order to prepare draft international treaties in the field of anti-corruption;
- on the conclusion of international treaties in the field of anti-corruption or on accession to such international treaties;
- on joining international anti-corruption initiatives;
V) interaction in accordance with the established procedure with the coordinating role of the Russian Ministry of Foreign Affairs:
- with the UN Office on Drugs and Crime- in order to ensure the implementation by the Russian Federation of the United Nations Convention against Corruption, the United Nations Convention against Transnational Organized Crime and the Protocols supplementing it, and the implementation of other activities related to these Conventions and Protocols;
- with the Group of States against Corruption- in order to ensure the implementation by the Russian Federation of the Criminal Law Convention on Corruption;
- with the Working Group of the Organization for Economic Cooperation and Development on the issue of bribery in international commercial transactions - in order to ensure the implementation by the Russian Federation of the Convention against Bribery of Foreign Public Officials in International Commercial Transactions;
- With international organizations, their bodies and (or) divisions, as well as with the relevant bodies of foreign states - in order to ensure the implementation of the international obligations of the Russian Federation in the field of anti-corruption, the implementation of other anti-corruption measures;
d) coordination, within its competence, of candidates for leaders and members of Russian delegations formed to participate in international events on anti-corruption issues, as well as draft instructions to such delegations;
e) exercising, within its competence, control over the implementation by federal executive bodies and other state bodies of the national anti-corruption plan for the relevant period.
Unfortunately, the personal composition of the commission and its regulations were not officially published. In accordance with the official documents regulating the activities of this commission, only one thing is known - its leader is S.N. Dubovik, Advisor to the President of the Russian Federation<7>.
<7>
During the existence of the commission from September 23, 2010 to October 2012, judging by the official website of the council, it met 5 times (September 23, 2010, November 15, 2010, August 25, 2011, 25 November 2011, April 24, 2012) and discussed issues of interaction with international organizations in the field of anti-corruption.
By decision of the Presidium of the Council dated October 4, 2011 No. 28, at the end of 2011, a working group of the Presidium was created on issues of joint participation in anti-corruption of representatives of the business community and government bodies, headed by Council member E.S. Nabiullina. The purpose of creating a working group is quite obvious - interaction between representatives of the business community and representatives of government authorities to develop joint measures to ensure interaction in the field of anti-corruption and present them to the Presidium of the Council.
The personal composition of the working group on joint participation in anti-corruption of representatives of the business community and government bodies was approved by its leader in early December 2011.<8>. The formed working group included 8 representatives of the business community and 10 representatives of government bodies, and subsequently, in March 2012, two more government representatives were included in its composition - deputies of the State Duma of the Federal Assembly of the Russian Federation V.V. Klimov and I.A. Yarovaya<9>. Subsequently, due to personnel changes in government bodies, the personal composition of the working group changed. It was headed by a new member of the Council, Minister of the Ministry of Economic Development of Russia A.R. Belousov<10>. Contrary to the provisions on regulating the activities of working groups of the Council Presidium, this group did not include a single representative of the expert community (scientists, specialists, experts). This may be due to the fact that for group leaders the requirements of the Decree of the President of the Russian Federation on this issue are advisory and not mandatory. Although, in accordance with the provisions of the same Decree, this working group includes two members of the current council (A.R. Belousov and I.A. Yarovaya). Of course, to improve the efficiency of this working group, it is necessary to include representatives of the expert community in its composition. Firstly, this will lead to the fact that its composition will comply with the provisions on regulating the composition of the working groups of the presidium, and secondly, it will additionally ensure the implementation of the principle of interaction between the state and civil society institutions in the field of combating corruption.
<8>Order of the Ministry of Economic Development of the Russian Federation of December 2, 2011 N 699 “On approval of the personal composition of the working group on joint participation in anti-corruption of representatives of the business community and government bodies” // Official website of the Ministry of Economic Development of the Russian Federation.
<9>Order of the Ministry of Economic Development of the Russian Federation dated March 26, 2012 N 153 “On introducing changes to the personnel of the working group on joint participation in anti-corruption of representatives of the business community and government bodies, approved by Order of the Ministry of Economic Development of Russia dated December 2, 2011 N 699 " // Official website of the Ministry of Economic Development of the Russian Federation.
<10>Order of the Ministry of Economic Development of the Russian Federation dated August 24, 2012 N 525 “On introducing changes to the personnel of the working group on joint participation in anti-corruption of representatives of the business community and government bodies, approved by the Order of the Ministry of Economic Development of Russia dated December 2, 2011.” // Official website of the Ministry of Economic Development of the Russian Federation.
Judging by the materials of the official website of the Ministry of Economic Development of the Russian Federation, the working group met three times, but it was not possible to establish what issues it considered at each of these meetings. The website contains only an overview of the issues discussed at its third meeting.
Our analysis of the legal regulation of the activities of auxiliary working bodies of the Presidium of the Council allows us to draw some conclusions.
Firstly, a unified procedural procedure for the creation and functioning of working groups and commissions of the Council Presidium has not been defined. In some cases, they are created by orders of the President of the Russian Federation of a regulatory nature, in others - by decisions of the Presidium of the Council, signed by the chairman - the Head of the Administration of the President of the Russian Federation, however, in all cases, their personal composition is approved by the heads of working groups, including by their own departmental legal act.
Secondly, heterogeneous legal regulation of the organization of activities of auxiliary working bodies of the Presidium of the Council. For example, there are no normative legal acts regulating the activities of working groups, defining their legal status, goals and objectives, composition, requirements for members of these groups, their rights and obligations, grounds for joining and withdrawing from it and other issues. At the same time, the most important areas of the commission’s activities are relatively fully described in the presidential regulatory legal act we examined.
Third, the results of meetings of the auxiliary working bodies of the Council Presidium are covered differently in the media - in some cases, information about the meetings is posted on the Council website (commission meetings), in others - selectively on the official websites of federal government bodies, whose leaders head these auxiliary working bodies .
Fourthly, The formation of the personnel of the auxiliary working bodies of the Presidium of the Council occurs differently. In some cases, the qualitative personnel of these bodies is formed in accordance with the provisions on them enshrined in the legal acts of the President of Russia (working group on interaction with civil society structures), in others - at the discretion of the head of the auxiliary working body with partial implementation of these normative legal acts ( working group on joint participation in anti-corruption of representatives of the business community and government bodies).
Fifthly, Information on the personnel of the auxiliary working bodies of the Council Presidium is placed in different ways. In some cases, information about them is freely available (working group on joint participation in anti-corruption of representatives of the business community and government bodies), in others information about their personal composition is limited and is not posted in mass communications (commission and working group on interaction with civil society structures).
To resolve the obvious contradictions we have identified in legal regulation formation and activities of auxiliary working bodies of the Presidium of the Council under the President of the Russian Federation for Combating Corruption, it is necessary to establish a unified procedure for their formation and legal regulation of activities, as well as coverage in the media of mass communications.
In our opinion, the legal regulation of the activities of the auxiliary working bodies of the Presidium of the Council of groups (commissions), determining their legal status, goals and objectives, composition, requirements for members of working groups, their rights and obligations, grounds for inclusion in and removal from it must be carried out personally Chairman of the Presidium of the Council, for these purposes issuing orders of the Head of the Administration of the President of the Russian Federation, which must be posted on the Council’s website along with the personal composition of working groups and commissions. Of course, the materials of the results of working group meetings should not be posted in full on the Council’s website, but should be limited to only a brief annual report on the work done.
Summarizing our analysis of the issues of legal regulation and the activities of the Presidium of the Council under the President of the Russian Federation for Combating Corruption and the working bodies (groups and commissions) it forms, we come to the conclusion that the legal regulation of the activities of these anti-corruption bodies, as well as their activities, needs further improvement. At the same time, the ideas and proposals we have expressed for improving the situation in this area, although controversial, require additional scientific research, can already serve as a guide for future changes in legal regulation and organization of their activities.
Bibliography:
- Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service in the Russian Federation" (as amended on November 21, 2011 N 329-FZ and amended on November 22, 2011 N 25-P) // NW RF. 2004. N 31. Art. 3215.
- Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” (as amended on November 21, 2011 N 329-FZ) // SZ RF. 2008. N 52 (part I). Art. 6228.
- Decree of the President of the Russian Federation of May 19, 2008 N 815 “On measures to combat corruption” (as amended on July 28, 2012 N 1060) // SZ RF. 2008. N 21. Art. 2429.
- Decree of the President of the Russian Federation of July 28, 2012 N 1060 “On approval of the composition of the Council under the President of the Russian Federation for combating corruption and the composition of the presidium of this Council” // SZ RF. 2012. N 32. Art. 4485.
- Decree of the President of the Russian Federation of July 28, 2012 N 1065 “On amendments to some acts of the President of the Russian Federation on issues of ensuring the participation of the Russian Federation in international cooperation in the field of combating corruption” // SZ RF. 2012. N 32. Art. 4485.
- Order of the President of the Russian Federation dated July 22, 2010 N 489-rp “On the Commission for coordinating the activities of federal executive bodies and other state bodies for the implementation of international treaties of the Russian Federation in the field of anti-corruption of the Presidium of the Council under the President of the Russian Federation for Combating Corruption” (as amended by the Decree President of the Russian Federation dated July 28, 2012 N 1065) // SZ RF. 2010. N 30. Art. 4088.
- Decree of the President of the Republic of Tatarstan dated June 2, 2012 N UP-415 “On the Republican Expert Group on Anti-Corruption Issues” // Collection of resolutions and orders of the Cabinet of Ministers of the Republic of Tatarstan and regulations of republican executive authorities. 2012. N 43. Art. 1457.
References (transliteration)
- Federal"nyy zakon from 27 July 2004 N 79-FZ "O gosudarstvennoy grazhdanskoy sluzhbe v Rossiyskoy Federatsii" (v red. from 21 November 2011 year N 329-FZ isizm. from 22 November 2011 year N 25-P) // Sobranie zakonodatel "stva Rossiyskoy Federatsii. 2004. N 31. St. 3215.
- Federal"nyy zakon from December 25, 2008 N 273-FZ "O protivodeystvii korruptsii" (v red. from November 21, 2011 N 329-FZ) // Sobranie zakonodatel"stva Rossiyskoy Federatsii. 2008. N 52 (ch. I). St. 6228.
- UKAZ PREZIDENTA ROSSISKOY FEDERATSII OT 19 Maya 2008 GODA N 815 "O MERAKH POTIVODEYSTVIYU KORRUPTSII" (V Red. OT 28 IYulya 201 G. N 1060) // Sobranie Zakonodatel "Stva Ros Siyskoy Fedratsii. 2008. N 21. St. 2429.
- Ukaz Prezidenta Rossiyskoy Federatsii ot 28 July 2012 goda N 1060 "Ob utverzhdenii sostava Soveta pri Prezidente Rossiyskoy Federatsii po protivodeystviyu korruptsii i sostava prezidiuma etogo Soveta" // Sobranie zakonodatel "stva Rossiyskoy Federatsii. 20 12. N 32. St. 4485.
- Ukaz Prezidenta Rossiyskoy Federatsii ot 28 July 2012 goda N 1065 "O vnesenii izmeneniy v nekotorye akty Prezidenta Rossiyskoy Federatsii po voprosam obespecheniya uchastiya Rossiyskoy Federatsii v mezhdunarodnom sotrudnichestve v oblasti protivodeystviya korruptsii" // Sobranie zakonodatel"stva Rossiyskoy Federatsii. 2012. N 32. St .4485.
- Rasporyazhenie Prezidenta Rossiyskoy Federatsii from 22 July 2010 goda N 489-rp "O Komissii po koordinatsii deyatel"nosti federal"nykh organov ispolnitel"noy vlasti, inykh gosudarstvennykh organov po osushchestvleniyu mezhdunarodnykh dogovorov Rossiyskoy Federatsii v ob lasti protivodeystviya korruptsii prezidiuma Soveta pri Presidente Rossiyskoy Federatsii po protivodeystviyu korruptsii" (v red. Ukaza Prezidenta RF from 28 July 2012 N 1065) // Sobranie zakonodatel"stva Rossiyskoy Federatsii. 2010. N 30. St. 4088.
- Ukaz Prezidenta Respubliki Tatarstan ot 2 June 2012 goda N UP-415 "O Respublikanskoy ekspertnoy gruppe po voprosam protivodeystviya korruptsii" // Sbornik postanovleniy i rasporyazheniy Kabineta Ministrov Respubliki Tatarstan i normativnykh aktov resp ublikanskikh organov ispolnitel"noy vlasti. 2012. N 43. St. 1457.