Problems of compliance of Russian anti-corruption legislation with international corruption standards

Abstract

The article analyzes the execution of the United Nations Convention Against Corruption and other international regulatory acts in the Russian Federation. It illustrates both the positive dynamics in Russian legislation that indicates the implementation of international legal norms and non-execution or formal execution requirements of the international anti-corruption standards. International experience in fighting against corruption is analyzed. Special attention is given to the norms fixed in the Council of Europe Convention on Civil Liability for Corruption. International legislative experience in fighting against corruption with the help of civil legal means is also studied. The civil legal confiscation as a measure of responsibility for a corruption-related offence is explored. The article offers a comparison of the Russian civil law norms with those contained in international law and civil legislation of other countries. The authors emphasize that the role of the civil legal means in the prevention of corruption are underestimated as corruption has an integrated and systemic nature. Therefore, it must be fought with by systemic measures that are provided for not only in criminal and administrative law, but also in civil law. The authors prove the non-compliance of the norms related to the civil law of the Russian Federation with current international experience in fighting corruption. The article offers recommendations for improving anti-corruption measures. In order to meet the international standards, Russia needs to shorten the list of public officials who are immune from criminal and administrative prosecution as well as to reduce the range of these immunities; to introduce a complete ban on public officials accepting gifts; to join and ratify the Council of Europe Convention on Civil Liability for Corruption; to provide real mechanisms for the confiscation of public officials’ property that does not correspond to their declared income.