ALRUD Law Firm
April 25, 2017 - Russia
The Office of the Prosecutor General of the RF proposed Exemption from Administrative Liability Organizations Reporting on Corruption Offenses and Seizure of Property as New Preventive Measures
Dear Ladies and Gentlemen,
We would like to inform you that the Office of the Prosecutor General of the Russian Federation (hereinafter - the "Prosecutor General Office") has prepared a number of amendments and suggestions in the field of counteracting corruption offences. Suggestions have been prepared pursuant to the instruction given by the Presidium of the Presidential Council for countering corruption.
One of the proposals is to exempt organizations reporting on corruption offenses revealed from administrative liability. Such rule will work similarly to the exemption from the criminal liability of persons reporting on bribery. As of the current moment, a company is fined for bribery, even if it's representative has come to the police voluntarily and informed them on the bribe already given. According to the representatives of the Prosecutor General Office, such scenario does not create incentive for "positive social behavior".
During last year, prosecutors initiated 450 cases connected with corruption offenses committed by legal entities; the amount of fines imposed on violators with respect to that cases amounted up to RUB 654 million. However, there are problems with collection of the fines: companies often start to withdraw and hide assets upon which execution of the fines could be levied. Therefore, the Prosecutor General Office is also working on amendments introducing new preventive measure for such cases - seizure of property of legal entities against which proceedings on corruption offences have been initiated.
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Footnotes:
Vassily Rudomino,
Senior Partner
[email protected]
German Zakharov,
Partner
[email protected]
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