Наталья Ключевская
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Минюст России инициировал внесение соответствующих поправок в федеральные законы от 25 декабря 2008 г. № 273-ФЗ «О противодействии коррупции» и от 3 декабря 2012 г. № 230-ФЗ «О контроле за соответствием расходов лиц, замещающих государственные должности, и иных лиц их доходам». Документ вынесен на общественное обсуждение (оно продлится до 23 июля).
Большинство поправок нацелено на организацию контроля за доходами лица, замещающего (занимающего) или замещавшего (занимавшего) отдельные должности, а также за доходами его супруги (супруга) и несовершеннолетних детей. Такой контроль подразумевает:
истребование от данного лица сведений о его доходах и доходах его супруги (супруга) и несовершеннолетних детей за отчетный период, если такие доходы превышают общий доход данного лица и его супруги (супруга) за отчетный период и два предшествующих ему года, а также об источниках получения таких доходов; проверку достоверности и полноты указанных сведений; определение законности получения доходов данным лицом, его супругой (супругом) и несовершеннолетними детьми.
В частности, предлагается обязать чиновников наряду со сведениями о доходах, об имуществе и обязательствах имущественного характера ежегодно представлять сведения о своих расходах, а также о расходах своих супруги и несовершеннолетних детей по каждой сделке по приобретению земельного участка, другого объекта недвижимости, транспортного средства, ценных бумаг, акций (долей, паев), совершенной им, его супругой или несовершеннолетними детьми в течение отчетного периода. Это будет необходимо, если общая сумма таких сделок превысит общий доход лица и его супруги за три последних года, предшествующих отчетному периоду. Одновременно потребуется информация и об источниках получения средств, за счет которых совершены указанные сделки.
Связано ли трудоустройство бывшего служащего в государственное (муниципальное) казенное учреждение с коррупционными рисками, влекущими коллизии публичных и частных интересов? Узнайте из материала «Особенности приема на работу бывших государственных и муниципальных служащих» в «Энциклопедии решений. Трудовые отношения, кадры» в интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
При этом в целях расширения возможностей по предотвращению коррупционных правонарушений планируется ввести механизм для обращения в доход РФ денежных средств, полученных чиновниками, обязанными отчитываться об их получении, в случае, если сумма таких средств превышает доход данного лица, его супруги (супруга) и несовершеннолетних детей за отчетный период и два предшествующих ему года. Это станет возможным в случаях, когда не будут представлены сведения, подтверждающие получение таких денежных средств на законном основании.
Если законопроект1 получит одобрение, то предлагаемые им поправки коснутся лиц, замещающих государственные и муниципальные должности, должности государственной, муниципальной службы, должности в госкорпорациях, Банке России, ПФР и других организациях, осуществление полномочий в которых влечет за собой обязанность представлять сведения о доходах, об имуществе и обязательствах имущественного характера в соответствии с нормами действующего законодательства.
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1 С текстом законопроекта «О внесении изменений в отдельные законодательные акты Российской Федерации в части совершенствования законодательства Российской Федерации в сфере противодействия коррупции» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 01/05/06-19/00092180).
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