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Bribes are not smooth
- Yuri Alexandrovich, Since our last meeting a little over a year has passedа. Has the situation with corruption in the Far East changed?
- Anti-corruption, of course, remains a priority in the activities of the bodies of the Russian Prosecutor's Office. We try to make efforts to strengthen compliance with anti-corruption legislation, state and municipal services, budget legislation, laws related to the use of state and municipal property, and the placement of orders.
For example, in 2014 in the Far Eastern Federal District (DFO) revealed 1188 corruption crimes. Most of them - bribes, the number of which for the year increased by more than 60% (from 276 to 445). At the same time, due to the high latency of crime, law enforcement agencies have reserves for further work.
In the district, of course, there are still a number of problems that require attention. Work remains to be completed on the provision of compensatory payments to flood victims in full, the acquisition (construction) of housing, and the overhaul of damaged housing stock, the need for which arose on the basis of adopted judicial decisions after 1 October 2014.
The issues of countering crimes and offenses related to the disposal and use of state property of the Russian Federation remain relevant. The area of criminal interests included budget funds allocated for measures to eliminate the consequences of large-scale flooding in 2013. In the Khabarovsk Territory, the Amur and Magadan regions, the Jewish Autonomous Region 42 of the fact of theft has been registered.
- Is it possible to give examples of the most significant and resonant cases in the final stages of work?
- One of the high-profile, perhaps, is the criminal case against the former chairman and two members of the control subcommittee of the Non-Commercial Partnership “Self-Regulatory Organization“ Association of Design Engineers ”. The investigation of the case was supervised by the Office of the General Prosecutor's Office of the Russian Federation in the Far Eastern Federal District. He has already been convicted. The defendants in the case were convicted on 26 episodes of commercial bribery committed by a group of persons in a preliminary conspiracy, for illegally receiving funds from representatives of commercial organizations in the total amount of 1,6 million rubles for drawing up positive acts of inspections. During the arrest of the defendants, law enforcement agencies discovered 1,5 million rubles, which were turned into state revenue.
Swim out on the water
- On January 1, 2014, the Federal Law "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs" came into force, the norms of which are aimed at strengthening control over the spending of budgetary funds during tenders.
- The law and the subordinate regulatory legal acts adopted for its implementation detailed the stages of the procurement process, establishing a broad range of responsibilities for participants in the contract system, the failure of which entails responsibility foreseen by law.
The prosecutor’s response toolkit has not changed: as the main measure to eliminate violations and thereby correct the legal relationships between customers and executors of state and municipal contracts, are representations that were made over 1700 last year. As a result of their consideration, violations were eliminated, more than 1000 guilty officials were brought to disciplinary responsibility. At the initiative of prosecutors, 120 officials were brought to administrative responsibility.
Based on the results of the inspections conducted to implement the provisions of competition law, prosecutors send relevant materials to the antimonopoly authorities.
- In the past year, executive authorities of the Russian Federation, as well as officials of several subjects of the Far East (the Khabarovsk Territory, the Jewish Autonomous Region, the Amur Region) have done quite a lot to eliminate the consequences and provide the population with housing after the unprecedented flood that occurred in 2013. At the same time, there were many violations of the law, resignations. Could you tell a little more about the work of your department in this part?
- The bodies of state power and local self-government conducted significant work to eliminate the consequences of floods, restore the rights of victims. At the same time, the results of the prosecutor's supervision showed that the authorized bodies were not always ready to effectively confront the emergency situation, allowed violations of the law, which were eliminated by the measures of the prosecutor's response. In total, since the beginning of the flood, prosecutors have identified and suppressed 5,5 thousand violations, Introduced over 4 thousand acts of prosecutorial response, as a result of their consideration to disciplinary and administrative responsibility brought to 383 officials, initiated by prosecutors instituted 23 criminal cases.
If we talk about violations committed by officials, then most often they were allowed by officials of local government. Such facts became possible due to inadequate control over their activities, both on the part of state authorities and society. For example, in the Khabarovsk Territory the Komsomolskiy District Prosecutor's Office found the unjustified inclusion of the former head of the administration of the Belgian rural settlement in the list of citizens who suffered as a result of the emergency situation, who do not have the right to receive one-time material assistance and compensation for the loss of essential property, as a result of which the state suffered damage in the amount 720000 rubles. By the sentence of the Komsomolskiy District Court, the official was found guilty and convicted of Hr.3 st.159 CC.
These figures may not reflect the full scope of the work performed. However, every appeal - the fate of an individual or family, caught in a difficult life situation, as well as a specific violation of their rights and the measures taken to restore them.
For example, in the Jewish Autonomous Region, local residents applied to the prosecutor's office with statements about disagreement with the conclusion of the interdepartmental commission for the examination of residential premises that recognized the premises suitable for living. It was found that the commission did not include representatives of controlling bodies - regional housing supervision (municipal housing control), state control and supervision in the areas of sanitary and epidemiological, fire, industrial, environmental and other security, consumer protection and human well-being. By such actions, the authorities not only failed to comply with the statutory requirements, but also made initially unreasonable decisions, which violated the rights of citizens. To protect the rights of the applicants, the prosecutor of the city of Birobidzhan sent to the court applications for recognizing the examination of residential premises, acts and conclusions of the interdepartmental commission illegal and entrusting the local government with the obligation to conduct a second house survey. As a result, the court satisfied the prosecutor's demands in full.
Particular attention was paid to compliance with the law in the construction of housing for affected citizens. By 1 October 2014, work on the construction and rehabilitation of housing is completed in all territories. Utilities have been connected to the residential houses that have been built, and the supply of heat and electricity has been ensured. Meanwhile, the legality in the provision of these measures of state support was not always ensured. Prosecutors in the activities of the authorities revealed 460 violations of laws, introduced an 303 response act, and brought to justice 50 officials. In the Khabarovsk Territory, violations were discovered in the conduct of construction work on the construction of residential buildings for affected citizens in the village of Achan, Amur District. In the project documentation of the contracting organization, no measures were taken to protect steel structures from corrosion, deviations from the project documentation, facts of replacing materials and heating equipment with other ones not provided for by the project were also identified. For violation of the mandatory requirements in the field of construction and use of building materials, the director of the construction organization was brought to administrative responsibility on the initiative of the prosecutor. Hr.1 st.9.4 Administrative Code in the form of a fine in the amount of 20 thousand rubles. On the proposal of the prosecutor, violations of the law were eliminated. In order to prevent similar facts in the future, the First Deputy Prosecutor of the Khabarovsk Territory issued a warning to the director of the regional state government institution "Customer Service of the Ministry of Construction of the Territory" about the inadmissibility of violations.
Further into the forest - more firewood
- In the summer, during your trip to the Magadan Region, the press reported with reference to you that a new subdivision was being created - a specialized environmental prosecutor's office. What is this structure?
Answering the second part of this question, I would call observance of legality in the field of forest protection from fires.
In total, last year, 2114 forest fires were registered on an area of 1773156 hectares in the district. The largest area covered by forest fires in the Republic of Sakha (Yakutia), the Amur region and Primorsky Krai.
Our analysis showed that the authorized bodies as a whole carried out measures to prevent forest fires, to form forces and means sufficient to eliminate them, and to allocate funds for these purposes. At the same time, in the Primorsky Territory, only on the proposal of the regional prosecutor, changes were made to the state program "Development of forestry in the Primorsky Territory for 2013-2017", which provide for additional allocation of financial allocations from the regional budget for the purchase of forest fire equipment.
In 2014, prosecutors in the activities of the executive authorities of the constituent entities of the Russian Federation of the Okrug and their subordinate institutions revealed facts of improper exercise of the powers granted in the field of forest fire protection. For example, in connection with non-observance of the frequency of air and ground patrols of forests, incomplete exercise of powers for state fire supervision in the forests of the Amur interdistrict environmental prosecutor's office, response measures were taken against the head of the GAU of the Amur region "Amur air base" and the head of the GKU of the Amur region "Zeyskoye lesnichestvo". Following the consideration of the acts of the prosecutor's response, measures were taken to prevent further such violations, the perpetrators were brought to disciplinary responsibility.
On a systematic basis, prosecutors carried out supervisory measures over the implementation by territorial subdivisions of federal government bodies, directorates (administrations) of specially protected natural areas of federal significance with the requirements of legislation in the field of forest fire protection; Only on the proposal of the prosecutor's office of the Primorsky Territory, the Rosprirodnadzor administration in the Territory took measures for the proper implementation of federal state fire supervision in forests located on lands of specially protected natural areas of federal significance, failure to monitor the implementation of fire safety requirements in the Udege Legend National Park and the Federal Reserve " Cedar Pad ".
In the Khabarovsk Territory, the Amur, Magadan and Jewish Autonomous Regions, cases of improper performance by the local authorities of the assigned powers to resolve issues of organizational, legal, financial, logistical support with primary fire safety measures within the boundaries of settlements have been identified. For each of them, measures for prosecutorial response have also been taken.
- In your last interview with EastRussia, you highlighted the value of the opportunity to talk with citizens during private receptions. December 12, on the day of the Constitution of the Russian Federation, on the entire territory of the country, on behalf of the President of the Russian Federation, passed the All-Russian Day of citizens' reception, which will subsequently be annual. Which of the requests and appeals of people directly to you are most memorable?
- Of course, such receptions and other meetings with citizens allow us to further study the state of law in various fields. Using this form of direct communication also expands the opportunities for them to receive qualified legal assistance, provides them with an additional opportunity to enjoy their rights and freedoms, including the right to apply to state bodies.
Only employees of the department in 2014 accepted more than 600 applicants on personal admission. Over the past year more than 100 citizens have been accepted by me at the personal reception. They were worried about various issues.
For example, one of the applicants complained of a violation of his housing rights and the failure to take action in this connection by the prosecutor's office of Primorsky Krai. On my behalf, the verification of the appeal was conducted by a management employee with a visit to Vladivostok. Specialists of the state housing and labor inspectorates, the regional department of the Federal Service for Consumer Rights Protection and the Ministry of Internal Affairs of Russia in Primorsky Krai were involved in it. It established that the organization that manages the multi-apartment building in which the applicant resides, the proper maintenance and sanitary and epidemiological condition of the common property of the owners of the premises in the apartment building is not ensured, violations of the law were allowed when disclosing information about their activities, the rights of residents of the apartment building were violated On favorable and safe living conditions. At the initiative of the Housing Inspectorate, the director of the management organization was brought to administrative responsibility in part 1 Article 7.23.1 of the Administrative Code of the Russian Federation (violation of the requirements for information disclosure by organizations engaged in the management of multi-apartment buildings), under art. 7.22 COAP RF (violation of the rules of maintenance and repair of residential buildings and non-residential premises) in the form of a fine. In my opinion, concrete measures have been taken to eliminate violations of the law, the guilty person has been brought to disciplinary responsibility. And this is not an isolated example.
The Office of the Prosecutor General's Office of the Russian Federation in the Far Eastern Federal District effectively uses this form of communication with citizens, such as online conferences held by news agencies on the Internet.
So, in May we organized a conference under the title "There is a control over the management in Primorye". We pursued the goal of additionally studying the state of law in the field of housing and communal services on the basis of citizens' reports. The participants were able to find out where and how to deal with this or that problem in this area, file a complaint against the actions of officials, get an explanation of the current legislation and real help.
For example, in connection with the appeal of one of the conference participants from the Primorsky Territory, the prosecutor's office revealed facts of improper performance by the Prometey Criminal Code of the obligation to maintain common property in a house in the village of Vrangel, Nakhodka. To eliminate violations of the law, the head of the organization was presented with a submission, at the initiative of the district prosecutor's office, the director of this company was brought to administrative responsibility under Part 1 of Article 7.22 of the Administrative Code of the Russian Federation (violation of the rules for maintaining and repairing residential buildings and (or) residential premises) in the form of a fine. Thanks to the intervention of the prosecutor's office, work was carried out to restore the roof of the applicant's house, paint the stairwells and repair other property, the management organization began to work to collect the rent arrears, 2 guilty officials were brought to disciplinary responsibility.
Elections are in the law
- What are the main tasks you set for yourself and the unit of the General Prosecutor's Office of the Russian Federation that you supervise in the coming year?
- First of all, I would like to note that on the eve of the celebration of the 70 anniversary of the Victory in the Great Patriotic War, prosecutors, as before, will use the whole arsenal of their powers to protect the rights of veterans and their families. This is not only our professional duty, duty, but also a duty of respect towards those who defended our homeland.
In the coming year, we will also proceed from the priority of protecting the rights and freedoms of a person and citizen, business entities and continue to react in principle to violations of the law.
Regarding the activities of the Office of the Prosecutor General's Office of the Russian Federation in the Far Eastern Federal District last year, it was certainly aimed at meeting the challenges set by the President of the Russian Federation and the Prosecutor General of the Russian Federation.
The key areas of activity were the tasks of protecting the foundations of the constitutional order; the rights and freedoms of citizens, including those affected by large-scale 2013 floods, individual entrepreneurs; increasing the effectiveness of the fight against crime; control over the activities of prosecutors of the constituent entities of the Russian Federation within the limits of their powers
Considerable attention was paid to the implementation of legislation regulating the issues of heat and power supply, the rights of citizens to timely remuneration for labor, the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), compliance with legislation on the placement of orders for state needs, And forest protection, incl. From forest fires.
Supervisory measures taken by the Office had a positive impact on the state of law, allowed it to be strengthened.
During the year 2014, the work was carried out to organize the activities of the prosecutor's offices of the constituent entities of the Russian Federation in the sphere of state construction and federalism in the Far Eastern Federal District, the implementation of labor legislation, state and municipal service, countering manifestations of extremism and terrorism, elections, and forest use.
The measures taken during the implementation of supervision over the implementation of legislation on the timely payment of wages allowed, as of 01.12.2014, to reduce the amount of arrears in wages in the district by 39%. As a result of the intervention of prosecutors, the amount of outstanding debt exceeded 1 billion 800 million rubles. This work is carried out by us on an ongoing basis.
The systematic organization of the prosecutor's supervision over the observance of the rights of citizens in the housing and communal sphere, the provision of uninterrupted heat and power supply to settlements in the district contributed to the overall stable passage of the heating season 2013-2014. Analysis of appeals to us indicates that there are still problems in the activities of housing control bodies, there are cases of illegal tariffs, improper disposal of property of management companies, ineffective spending of utilities. We will continue monitoring the state of legality during the passage of the heating season, monitoring the elimination of violations and restoring the rights of citizens affected by inadequate performance by local governments and organizations of obligations in the field of heat and electricity.
Important issues for management remain the organization of supervisory activities in the sphere of enforcement of legislation on combating terrorism and extremism. Since the executive authorities and control bodies are still not fully implementing the functions assigned to them, local authorities continue to allow violations in the adoption and implementation of municipal targeted programs for the prevention of extremism and terrorism, prosecutors of all entities are additionally focused on taking comprehensive measures aimed at preventing Ethnic hatred, counteraction to radical ideology, including in the Internet.
Elections will be held in September. On the single voting day in the Amur, Sakhalin and Jewish Autonomous Regions, leaders of the highest executive body of state power will be elected. In the Magadan region, elections are planned for the regional duma. In each of the nine constituencies of the district there will be elections to local governments. In the run-up to election campaigns, compliance with election laws is of particular relevance.
Since finally all issues related to eliminating the consequences of flooding and preventing the harmful effects of such natural phenomena, reducing the risk of their occurrence in the future, have not been resolved, prosecutors will continue to conduct audits of compliance with the law when forming the expenditure side of local budgets for emergency response measures and material resources for these purposes. The Directorate will verify the legality of regional regulatory legal acts in the sphere of protection of the population and territories from natural emergencies and their consequences, including the adopted state target programs in this area of legal relations.
Ensuring the security of the state in the economic sphere continues to be a priority for the activities of the prosecution authorities in the Far Eastern Federal District. Every year, only prosecutors in the supervision of the economy reveal from 60 to 70 thousands of violations., More than 10 thousand people are involved in response measures to administrative and disciplinary responsibility, over 200 criminal cases are initiated based on materials of prosecutor's checks.
The given action will allow to take coordinated measures on perfection of norm-setting activity, increase of efficiency of performance of the assigned functions and granted powers by state authorities and local self-government in the district, federal executive authorities and their territorial subdivisions, as well as prosecutor's offices.