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The "shaggy paw" will be hit by a fine and prison

As a deputy in the State Duma from Kamchatka, Irina Yarovaya tries to force her not to renounce money and prison

The "shaggy paw" will be hit by a fine and prison

United Russia deputies Irina Yarovaya (represents the Kamchatka Territory in the State Duma) and Mikhail Starshinov (a member of the Central Headquarters of the All-Russian Popular Front) want to toughen the punishment for frauds with public procurement. The bill has already been submitted to the State Duma. EastRussia analyzes how this threatens Far Eastern officials and how effective such an initiative can be.

And suma, and prison

Head of the Duma Committee on Security and Combating Corruption Irina Yarovaya proposes to supplement the Criminal Code with Article 164.1 "Theft in the procurement of goods, works, services to ensure state or municipal needs."

In the case of the appearance of such an article, those responsible for the theft (if, of course, one can catch them by the hand) is waiting for punishment by the ruble and prison. The amount of the fine and the term of imprisonment will depend on the amount of appropriated budget funds. The minimum rate is a fine of 500 thousand to 1 million rubles, or imprisonment up to six years and a fine up to 500 thousand rubles. Further more. If the budget is lost more than 250 thousand rubles - a fine of 1-3 million rubles or a prison term of 4 to 8 years with a fine of 500 thousand to 1 million rubles. For theft more than 1 million rubles, the prison will be home on 5-12 years. For embezzlement of budgetary funds in the execution of state contracts in a particularly large amount (it starts from 6 million rubles), freedoms can be stripped for 20 years. For taking bribes by an official when placing or performing state defense orders, there will be a prison sentence of 8 up to 15 years or a fine of 80 up to 100-fold bribe amount.

Far Eastern wisdom?

In the regions of the Far East, they did not show any interest in the initiative of deputy Yarovoi, they politely but firmly refused to comment on the bill at local offices of the Federal Antimonopoly Service and regional administrations. After the loud arrest of the governor of Sakhalin, apparently decided that it is better to remain silent.

The Prosecutor General's Office of the Russian Federation has repeatedly noted the increase in the number of offenses and identified crimes in the procurement of goods, works and services for state and municipal needs in the Far East. Thus, the activists of the All-Russian Popular Front reported back to Vladimir Putin about the embezzlement of the Sakhalin government back in the year 2013. Officials bought Mercedes and SUVs for budget money for amounts up to 10 million rubles, the regional administration bought expensive 3D paintings, stained glass windows and curtains, furniture, and even toilet bowls for 200 thousand rubles. The Sakhalin government spent more than 850 million rubles to repair its building, another 333 million went to the construction of the garage alone. The governor of the Sakhalin region, Alexander Khoroshavin, was arrested in early March in connection with the case of receiving a bribe in the amount of $ 5,6 million.

In general, the experts of the "All-Russia People's Front" analyzed 10 million state purchases, which were posted on the government website in the period from 2012 to 2014. The results are depressing: 20% of all state orders were conducted with violations of the law. Data on the performance of the contract in every fifth purchase were missing or published late.

State Duma deputy, member of the Committee for Regional Policy and Problems of the North and Far East Ivan Abramov is sure that it is not the strengthening of responsibility, but the inevitability of punishment, that should be combated against corruption. "We must all explain the rules of the game: everything, the fight against corruption began. Five or six years in prison - there is no difference. Someone, maybe it will stop, and most will think that the next time will carry. All officials in the field, in principle, are sane literate people. They should understand that they will have to answer for illegal actions. It is necessary to work more on the institution of control, and not to tighten the punishment, "the deputy believes.

Especially, according to him, this is relevant for the Far East, from which to Moscow - thousands of kilometers. "This is the specifics of the region: leadership there is infrequent. In the surrounding areas from the capital, both the president and the federal ministers come more often, and citizens in search of the truth can easily get to Moscow, if it is 500 km, and not 7 thousand. At a distance it is harder to control, so the mess with public purchases in the Far East is greater ", - explains Abramov. He hopes that the story with the governor of Sakhalin will be for all lessons. The deputy is in solidarity with other experts and also believes that to deal with corruption when placing state contracts, electronic bidding could be used: the official should be shielded from decision making as much as possible so that only the electronic program does this.

Commentary itself Yarova on the extent of corruption in the region, the editorial office of EastRussia could not be obtained: according to the deputy's press secretary, her job is to propose legislative measures to combat corruption, rather than assess the scope of the phenomenon.

Who is guilty…

Irina Rukina, deputy chairman of the Interregional Public Organization "Committee to Combat Corruption", notes that the situation with state purchases and state orders is so serious that it can not be corrected by amendments. "Honor and praise to the deputies who are trying to do something in the framework that they are allowed, but this does not solve the issue," the expert said.

In her opinion, the most important thing is the transparency of financial and commodity flows. With all the good intentions of the deputies, the amendments to the Criminal Code will not be able to turn muddy water into transparent, Rukina believes. “No Accounting Chamber can ever detect a bribe. Because an affiliated company, which has already reached an agreement with an official, will definitely win, by any means, ”explains the deputy chairman of the Anti-Corruption Committee. - But in order for it to win, the money from the account, the bribe or rollback transfer in advance. And the company goes to the auction calmly, because no one sees or understands anything. Or, if we are talking about orders of another level, for example, municipal, the contract exists in advance. It spells out how much interest in the form of a rollback will be issued. At the same time, any company that goes to participate in a state order is well aware that it will have to complete a task with a much smaller amount of money than is needed for its high-quality implementation. ”

Another significant problem, according to Rukina, is the cost estimate, which, as a rule, is overestimated. And to check it is also very difficult. "Take any large project, for example, the spaceport Vostochny. Overstating the cost estimate is the number one problem. Here, it seems to me, it is necessary to pass a law on affiliated companies, it is in the State Duma. The punishment for officials who have such companies and help them should be cruel. After the incident with the governor of Sakhalin, Khoroshavin, in my opinion, it should be clear to everyone, "the expert notes.

... and what to do

Irina Rukina suggests going the other way. In her opinion, problems with public procurement could be solved by electronic bidding. She cited Georgia as an example, where, through electronic bidding, over a year and a half, it was possible to liquidate the system of corruption under state orders. A small country Montenegro is also moving to such auctions. According to Rukina, where the authorities understand that the budget is a sacred cow and for irrational, inefficient spending of resources will tear off the head, it will do everything to make the financial flows transparent. Electronic procurement will not solve all the problems, but certainly will make trades transparent and open. Another effective measure is the confiscation of property of corrupt officials. "Completely it has not yet been introduced, so that neither the deputies may speak. When the corrupt official understands that the property is confiscated and his family is left without this property, he probably will think properly. Here the Sakhalin governor submitted a declaration. Is it really so difficult to verify that his declaration does not correspond to his real expenses? The golden stream fell on Sakhalin - and where did it turn out to be? On accounts in Hong Kong, in real estate of the governor. How many more cases do the authorities need to wake up? All the excuses for this, I simply do not accept them. Everything can be tracked, checked, but this requires transparency, "the expert categorically states.

Head of the Center for Legal Support and Consulting of the Institute of Management of Purchases and Sales. A.B. Solovyov of the Higher School of Economics Roman Serazhetdinov believes that one amendment will not change anything significant in the system of public procurement - here we need systemic measures. At the same time, Serazhetdinov welcomes any toughening of responsibility for frauds with public procurement - they say, it won't be worse. “Strengthening responsibility here does not affect the openness of purchases. The availability of information on the official website, availability, affects the openness of purchases. The law on the contract system in this part has already made a big step forward. The only unified information system that is provided by law is not yet developed and implemented, but this should be done by the end of this year. There are tracking mechanisms, but the number of trades is huge and it is impossible to track all purchases; in any case, there will still be some kind of abuse. It is impossible for each purchase to put a separate controller who would follow everything, ”says Serazhetdinov.

Spring and Starshinov also offer to oblige contractors and contractors to report all subcontractors almost at the bid stage, regardless of the amount of the contract. This amendment of Serazhetdinov does not support: “To me, this measure does not seem to be entirely appropriate. This will increase the costs of the participants themselves, in some cases it will be impossible to apply. It is quite difficult to foresee what works will be involved in subcontractors. Especially when we talk about large contracts, mainly construction, to describe the entire chain of co-contractors here is problematic. They say that co-executives are draining money, which they later cash out. But then it will be done through co-executives of the second, third level. An increase in controlling persons will not solve the problem. The more actions, the more time is needed for control. ”

Roman Serazhetdinov, like Irina Rukina, sees the introduction of electronic trading (the relevant law was passed by the State Duma in the first reading), as well as Irina Rukina, solving problems with the opacity of public procurement. According to him, document circulation will decrease, automated control over the customer’s actions and the content of documents will appear. Now, when the competition is held, only the commission of the customer sees the application. The control authorities intervene if there is any appeal.

“MP Yarovaya, with her own amendments, apparently wants to cut off the channels for theft, but each tightening will generate more and more shady schemes and ridiculous situations,” commented the legislative initiative, Director General of the Center for Regional Development Igor Melamed. He recalls the catastrophic flood that swept the Far East in the summer of 2013. The Federal Law N 44-FZ "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs" does not say how to act in emergency situations. People who got into the disaster zone needed to be urgently provided with food and everything they needed, and the officials from the supervisory authorities said that this should be done through a competition. It takes a month and a half to hold the competition, and the victims need help immediately. “Nobody wanted to take responsibility and did not understand how to feed people without competition and not go to jail. As a result, the decision on this issue was taken at the highest level. Each tightening requires a number of explanations, when and how you can act, otherwise all the time there will be violations of one or the other, people will look around and write requests, asking for clarification, ”the expert fears.

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