Prosecutors initiated over 400 procedures for monitoring expenditures of officials
26 march 2020, 15:07
In 2018, when conducting inspections of compliance with the requirements of the Federal Law “On Monitoring the Consistency of Expenditures of Individuals Filling State Positions and Other Individuals with Their Incomes”, the prosecution authorities identified 2145 violations (2816 in 2017). 622 protests were filed, 586 submissions were made, according to the results of which 350 individuals were brought to disciplinary liability.
Prosecutors initiated over 408 procedures for monitoring the expenses of officials. 46 (in 2017 - 35) claims were sent to the courts for the total amount of over 490 million roubles. Of the ones examined by the courts 28 (26) prosecutorial applications for the amount of more than 311 million roubles were satisfied.
Intensification of the activities in this field allowed to increase the number of claims submitted to the court by 34.2% and the number of the claims satisfied by 7.6%.
Thus, for instance, by its decision which entered into force in January 2018, the Kirov District Court of Ufa, satisfied the lawsuit initiated by the prosecutor of the Republic of Bashkortostan against the former deputy head of the Department of Economic Security and Anti-Corruption Activity of the Ministry of Internal Affairs in the Republic of Bashkortostan and his spouse, in which the prosecutor demanded to transfer into the state budget of the Russian Federation five real estate objects worth more than 16 million roubles and the vehicle worth 1.9 million roubles. The total value of such property significantly exceeded total family income. At the suggestion of the prosecutor, the above mentioned police officer was dismissed due to loss of trust.
In February 2018, the court satisfied a lawsuit filed by the prosecutor of the city of Tomsk against the state tax inspector and her spouse, where the prosecutor demanded to transfer into the state income an apartment worth almost 3 million roubles, acquired with unconfirmed revenue. At the same time, the official attempted to alienate this apartment by trying to donate it to her mother-in-law. However, upon the prosecutor’s motion, such a transaction was declared null and void by the court.
In July 2018, a court in Simferopol satisfied a claim filed by the prosecutor of the Republic of Crimea asking to turn into the budget of the Russian Federation of a BMW XZ car worth 3.5 million roubles, which was acquired by a former employee of the penitentiary system with income, the legality of which he could not confirm.
In October 2018, a decision of the court of Krasnodar Territory came into force. The proceedings were initiated upon the lawsuit filed by the regional prosecutor’s office, by means of which the prosecutor demanded to turn into state budget an apartment worth more than 3 million roubles, purchased with unconfirmed income by the head of the operational department of the Chief Directorate of the Ministry of Internal Affairs of Russia in Krasnodar Territory. The defendant tried to explain in court that the property was acquired by him at the expense of borrowed funds received from a relative, his daughter's cash savings, as well as funds received from the deceased father. However, the court assessed the position of the official critically and considered the fact of the legality of the origin of the funds to be unproven, given that the referred individuals lacked appropriate financial funds.
In 2018, at the initiative of the Prosecutor General's Office of the Russian Federation, amendments to the Federal Law “On Monitoring the Consistency of Expenditures of Individuals Filling State Positions and Other Individuals with Their Incomes” were made. The changes were aimed at improving the mechanisms for exercising control over the expenditures, as well as allowed for the possibility of prosecution authorities exercising control over the expenses of former employees and their family members.
In addition, the law was supplemented with provisions providing for the possibility of turning to the state budget of a sum of money equivalent to the value of the property with respect to which no data has been provided confirming its acquisition with legitimate income (in the absence of the possibility of turning such property to the state budget first).
These innovations closed the “loopholes” for corrupt officials which could have given them the opportunity to evade responsibility in the event of their dismissal, as well as in the case of sale of illegally acquired property to bona fide purchasers.