Although judges in Russia are generally immune from criminal prosecution, the law allows their prosecution for bribery. And each year, the Investigation Committee of the Russian Federation opens multiple criminal investigations against judges for alleged bribe taking, with some cases resulting in convictions and punishment.
Continue reading “Russia takes small steps to fight judicial graft”
The lower house of Russia’s national legislature — the State Duma — has been considering draft amendments to the law on the criminal liability of a legal entity.
The main purpose of the amendments is compliance the Russian Criminal Code with international treaties (e.g. international obligations of Russia on combating corruption).Several international treaties including the United National Conventions against Corruption determine that some sorts of legal entities behavior should be treated as crimes, which is already the case in the U.S. and UK.
Continue reading “Russia considers imposing criminal liability on legal entities”
The Russian Duma is considering amendments to the antibribery law to bring the country’s legislation into compliance with international principles of anti-corruption. One proposed amendment is the regulation of whistleblowing activity.
The Ministry of Labor, following a presidential decree, developed the draft amendment called “On the protection of persons reporting on corruption offenses.” The amendment would entitle a whistleblower of graft to remuneration up to 15% of alleged damages to the state budget if the report is confirmed. The maximum remuneration would be capped at RUR 3 million (roughly $50,000).
Continue reading “Russia mulls whistleblower reward law”
There is no criminal liability of a legal entity for bribery in Russia because only a person is subject to the Russian criminal law. But that’s not the end of the story.
Under an administrative law, a legal entity can be held liable for a bribe if someone acting on behalf of the legal entity paid the bribe. An example would be when an employee pays a bribe so that the company can obtain a license for some business activity. In that situation, the person can be prosecuted under the criminal law. The company isn’t subject to criminal prosecution but can be held responsible under the administrative law.
Continue reading “Russia: No corporate criminal liability for bribes, but there’s still punishment”
Corruption is one of the most problematic factors for doing business in Russia. It’s clear the country must take decisive steps to combat this plague. While there’s plenty to do and progress has been slow, there are also some signs of progress.
For example, on January 01, 2013 the amendments to the Federal Law № 273 “On Corruption Counteraction” came into the force. Among other things, the amendments obligate legal entities to have an anti-corruption policy.
Continue reading “Russia: Courts are ordering companies to adopt compliance programs”