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Copy of GenPros MVD List of Corruption Crimes

Copy of GenPros MVD List of Corruption Crimes

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Published by The Russia Monitor

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Published by: The Russia Monitor on Oct 23, 2010
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10/23/2010

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GENERAL PROSECUTOR OFFICE
 
N 187/86 MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
 
N 2 DIRECTIVEof April 30, 2010
 
ON THE AMENDMENTS TO
 
THE LIST OF ARTICLES OF THE CRIMINAL CODE,
 
USED IN THE CREATION OF STATISTICAL REPORTS
 Pursuant to Paragraph 1.3 of the Decision of the Coordination Meeting of the Heads of lawenforcement authorities of the Russian Federation from 06.10.2009 N 1 "On the Status of Work and Priority Measures to Strengthen the Fight against Corruption in light of theNational Anticorruption Plan, approved 31.07.2008 President of the Russian Federation,” aswell as to ensure a common approach and complete reflection in state statistical informationabout the status of combating crimes related to corruption in the Russian Federation, wehereby order:  To amend the lists of articles of the Criminal Code of the Russian Federation used in theformation of statistical reports, adopt the Directive of the Prosecutor General of the RussianFederation and the Russian Interior Ministry on December 29, 2009 N 399/11/1.1. Add the list of articles N 23, with crimes related to corruption (attached).2. Bring these changes into force on January 1, 2010.Deputy Prosecutor GeneralRussian FederationState Counselor of Justice First ClassA. E. BUKSMAN
 
Deputy Minister of Internal AffairsRussian FederationColonel-General of the PoliceM. I. SUKHODOLSKI
 
LIST N 23 CRIMES RELATED TO CORRUPTION
 
1. The crimes related to corruption include unlawful acts only if all the followingcriteria are met:
 - Adequate actors criminal offense, which include officers referred to in a footnote to Article285 of the Criminal Code of the Russian Federation, the person performing managerialresponsibilities in the business or organization acting on behalf of and in the interests of legal persons, as well as non-profit organization non-state bodies, local government, state ormunicipal agency, indicated in a footnote to Article 201 of the Criminal Code of the RussianFederation;- Communication with acts of official position of the subject, a departure from his directrights and responsibilities;- The obligation for acquisitive motive (an act associated with obtaining their property rightsand benefits for themselves or for third parties);- The crime only with direct intent. The exception is a crime, although not meeting the specified requirements, but relating tocorruption in accordance with ratified by the Russian Federation International - thelegislation and national legislation, as well as associated with the preparation conditions forobtaining official, public servants and employees of local governments, as well as a personwho performs management functions in a commercial or other organizations, the benefits inthe form of money, valuables or other property or services of material nature, or otherproprietary rights, or illegal representations of such benefits.
2. Crimes Related to the list without any - or conditions:
 Art. 141.1, 184, para. "B" h. 3 tbsp. 188, Art. 204, 289, 290, 291 of the Criminal Code.
 
3. Crimes Related to the list under certain conditions:
 3.1. Crimes Related to the list if there is a statistical card basic offense mark of his corruptorientation:Art. 174, 174.1, 175, h. 3 tbsp. 210 of the Criminal Code;3.2. Crimes Related to the list in accordance with international acts in the presence of astatistical card basic offense mark of his corrupt orientation:Art. 294, 295, 296, 302, 307, 309 of the Criminal Code;3.3. Crimes Related to the list if there is a statistical card marks on offense with a selfishmotive:n. n. "A", "b" h. 2 tbsp. 141, h. 2 tbsp. 142, Art. 170, 201, 202, 285, 285.1, 285.2, 286(excluding item. N. "A, b" h. 3), 292, 305 of the Criminal Code;3.4. Crimes Related to the list if there is a statistical card marks of crime officer, civilservants and employees of local governments, as well as a person who performs managerialfunctions in a business or organization:h. 4 tbsp. 188, para. "In" h. 3 tbsp. 226, h. 2 tbsp. 228.2, para. "In" h. 2 tbsp. 229 of theCriminal Code;3.5. Crimes Related to the list if there is a statistical card marks of crime officer, civilservants and employees of local governments, as well as a person who performsmanagement functions in a commercial or other organizations and with the selfish motive:h. h. 3, 4 tbsp. 183, para. "B" h. 3 tbsp. 228.1 of the Criminal Code;3.6. Crimes Related to the list if there is a statistical card marks of crime officer, civilservants and employees of local governments, as well as a person who performsmanagement functions in a commercial or other organizations, using his official position:h. h. 3, 4 tbsp. 159; h. H. 3, 4 tbsp. 160 of the Criminal Code.

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