ORDER OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE RUSSIAN FEDERATION

of April 29, 2015 No. 195

About approval of the Regulations on the commission of the Ministry of Natural Resources and Environmental Protection of the Russian Federation on observance of requirements to office behavior of federal government civil servants and employees of the organizations created for accomplishment of the tasks set for the Ministry of Natural Resources and Environmental Protection of the Russian Federation and to settlement of conflicting interests

According to the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" (The Russian Federation Code, 2008, No. 52, Art. 6228; 2011, No. 29, Art. 4291, No. 48, Art. 6730; 2012, No. 50, Art. 6954, No. 53, Art. 7605; 2013, No. 19, Art. 2329, No. 40, Art. 5031, No. 52, Art. 6961; 2014, No. 52, the Art. 7542), the Federal Law of July 27, 2004 No. 79-FZ "About the public civil service of the Russian Federation" (The Russian Federation Code, 2004, No. 31, Art. 3215; 2006, No. 6, Art. 636; 2007, No. 10, Art. 1151, No. 16, Art. 1828, No. 49, Art. 6070; 2008, No. 13, Art. 1186, No. 30, Art. 3616, No. 52, Art. 6235; 2009, No. 29, Art. 3597, Art. 3624, No. 48, Art. 5719, No. 51, Art. 6150, Art. 6159; 2010, No. 5, Art. 459, No. 7, Art. 704, No. 49, Art. 6413, No. 51, Art. 6810; 2011, No. 1, Art. 31, No. 27, Art. 3866, No. 29, Art. 4295, No. 48, Art. 6730, No. 49, Art. 7333, No. 50, Art. 7337; 2012, No. 48, Art. 6744, No. 50, Art. 6954, No. 52, Art. 7571, No. 53, Art. 7620, Art. 7652; 2013, No. 14, Art. 1665, No. 19, Art. 2326, Art. 2329, No. 23, Art. 2874, No. 27, Art. 3441, Art. 3477, No. 43, Art. 5454, No. 48, Art. 6165, No. 49, Art. 6351, No. 52, Art. 6961; 2014, No. 14, Art. 1545, No. 49, Art. 6351, No. 52, Art. 7542; 2015, No. 1, the Art. 62, the Art. 63, No. 14, the Art. 2008), presidential decrees of the Russian Federation of July 1, 2010 No. 821 "About the commissions on observance of requirements to office behavior of federal government employees and settlement of conflicting interests" (The Russian Federation Code, 2010, No. 27, Art. 3446; 2012, No. 12, Art. 1391; 2013, No. 14, Art. 1670, No. 49, Art. 6399; 2014, No. 26, Art. 3518; 2015, No. 10, the Art. 1506), of April 2, 2013 No. 309 "About measures for realization of separate provisions of the Federal Law "About Anti-corruption" (The Russian Federation Code, 2013, No. 14, the Art. 1670, No. 23, the Art. 2892, No. 28, the Art. 3813, No. 49, Art. 6399; 2014, No. 26, Art. 3520, No. 30, Art. 4286; 2015, 10, of the Art. 1506) I order to No.:

1. Approve Regulations on the commission of the Ministry of Natural Resources and Environmental Protection of the Russian Federation on observance of requirements to office behavior of federal government civil servants and employees of the organizations created for accomplishment of the tasks set for the Ministry of Natural Resources and Environmental Protection of the Russian Federation and to settlement of conflicting interests according to appendix to this order.

2. Recognize to invalid:

- the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of August 4, 2010 No. 297 "About the commission of the Ministry of Natural Resources and Environmental Protection of the Russian Federation on observance of requirements to office behavior of federal government employees and settlement of conflicting interests" (registration No. 18355) is registered by the Ministry of Justice of the Russian Federation on September 6, 2010;

- the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of November 5, 2013 No. 478 "About modification of the Regulations on the commission of the Ministry of Natural Resources and Environmental Protection of the Russian Federation on observance of requirements to office behavior of federal government employees and to settlement of conflicting interests approved by the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of August 4, 2010 No. 297" (registration No. 30820) is registered by the Ministry of Justice of the Russian Federation on December 25, 2013;

- the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of September 12, 2014 No. 400 "About modification of the Regulations on the commission of the Ministry of Natural Resources and Environmental Protection of the Russian Federation on observance of requirements to office behavior of federal government employees and to settlement of conflicting interests approved by the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of August 4, 2010 No. 297" (registration No. 34653) is registered by the Ministry of Justice of the Russian Federation on November 11, 2014.

Appendix

to the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of April 29, 2015 No. 195

Regulations on the commission of the Ministry of Natural Resources and Environmental Protection of the Russian Federation on observance of requirements to office behavior of federal government civil servants and employees of the organizations created for accomplishment of the tasks set for the Ministry of Natural Resources and Environmental Protection of the Russian Federation and to settlement of conflicting interests

1. This Provision determines procedure for forming and activities of the commission of the Ministry of Natural Resources and Environmental Protection of the Russian Federation (further - the Ministry) by observance of requirements to office behavior of federal government civil servants and employees of the organizations created for accomplishment of the tasks set for the Ministry of Natural Resources and Environmental Protection of the Russian Federation and to settlement of conflicting interests (further - the Commission).

2. The commission in the activities is guided by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation, and also this Provision, acts of the Ministry.

3. The main objective of the Commission is assistance to the Ministry:

a) in ensuring compliance with the Ministry by federal government civil servants (further - civil servants), the citizens who were earlier replacing positions of Federal public civil service (further - civil service) in the Ministry, and employees of the organizations created for accomplishment of the tasks set for the Ministry for whom employer is the Minister of Natural Resources and Environmental Protection of the Russian Federation (further respectively - the Minister, employees of the subordinated organizations), restrictions and prohibitions, requirements about prevention or settlement of conflicting interests, and also in ensuring execution of the obligations established by the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" by them (The Russian Federation Code, 2008, No. 52, Art. 6228; 2011, No. 29, Art. 4291, No. 48, Art. 6730; 2012, No. 50, Art. 6954, No. 53, Art. 7605; 2013, No. 19, Art. 2329, No. 40, Art. 5031, No. 52, Art. 6961; 2014, No. 52, the Art. 7542), other Federal Laws (further - requirements to office behavior and (or) requirements about settlement of conflicting interests);

b) in implementation in the Ministry of measures for the prevention of corruption.

4. The commission considers the questions connected with observance of requirements to office behavior and (or) requirements about settlement of conflicting interests concerning the civil servants replacing positions of civil service in the Ministry (except for the civil servants replacing positions of civil service, appointment to which and release from which are performed by the Government of the Russian Federation), and employees of the subordinated organizations.

5. The commission does not consider messages on crimes and administrative offenses, and also anonymous addresses, does not perform on the facts of violation of office (labor) discipline.

6. The structure of the Commission affirms the order of the Ministry.

7. Are part of the Commission:

a) the deputy minister - the commission chairman, the director of the department of administration and personnel of the Ministry - the vice-chairman of the Commission, the head of department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry - the secretary of the Commission, civil servants of Department of administration and personnel, Legal department, other structural divisions of the Ministry - the members of the commission determined by the Minister;

b) representative of the Russian Government Office;

c) the representative (representatives) of the scientific organizations and educational institutions of secondary, higher and additional professional education which activities are connected with public service.

8. The minister can make the decision on inclusion in structure of the Commission:

a) representative of Public council to the Ministry;

b) the representative of primary trade-union organization operating in the Ministry in accordance with the established procedure;

c) the representative of public organization of veterans (during its creation in the Ministry).

9. Persons specified in subitems "b", "v" of Item 7 and in Item 8 of this provision are included the Commissions in coordination with the Russian Government Office, the relevant organizations based on the Minister's request. Approval is performed in 10-day time from the date of receipt of request.

10. The number of the members of the commission who are not replacing position of civil service in the Ministry shall constitute at least one quarter of total number of members of the commission.

11. The structure of the Commission is created so that to exclude possibility of conflict of interest which could influence the decisions made by the Commission.

12. With the right of advisory vote participate in commission sessions:

a) the direct head of the civil servant concerning whom the Commission considers question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests, and two civil servants determined by the commission chairman replacing in the Ministry of position of the civil service, similar positions replaced by the civil servant concerning whom the Commission considers this question;

b) the civil servant of department of the Ministry performing the organization and methodical management of activities of the relevant subordinated organization concerning which employee the Commission considers question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests;

c) other civil servants, replacement positions of civil service in the Ministry; specialists who can give explanations concerning civil service and to the questions considered by the Commission; officials of other state bodies, local government bodies; representatives of the interested organizations; the representative of the civil servant, the employee of the subordinated organization concerning whom the Commission considers question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests, - according to the decision of the commission chairman made in each case separately at least three days before day of commission session based on the petition of the civil servant, the employee of the subordinated organization concerning which the Commission considers this question, or any member of the commission.

13. Commission session is considered competent if at it there are at least two thirds of total number of members of the commission. Holding meetings with participation only the members of the commission replacing positions of civil service in the Ministry, inadmissibly.

14. In case of straight line or indirect personal interest of the member of the commission which can lead to conflict of interest by consideration of the question included in the agenda of commission session he shall declare prior to the meeting it. In that case the corresponding member of the commission does not take part in consideration of the specified question.

15. The bases for carrying out commission session are:

a) representation by the Minister according to Item 31 of the Regulations on check of reliability and completeness of the data represented by the citizens applying for substitution of positions of the Federal State Service and federal government employees and the observance by federal government employees of requirements to office behavior approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065 (The Russian Federation Code, 2009, No. 39, Art. 4588; 2010, No. 3, Art. 274, No. 27, Art. 3446, No. 30, Art. 4070; 2012, No. 12, Art. 1391; 2013, No. 14, Art. 1670, No. 49, Art. 6399; 2014, No. 15, Art. 1729, No. 26, Art. 3518; 2015, No. 10, Art. 1506), materials of check testimonial:

about representation to civil servants of the false or incomplete information provided by the subitem "an" of Item 1 of the Regulations on check of reliability and completeness of the data represented by the citizens applying for substitution of positions of the Federal State Service and federal government employees and the observance by federal government employees of requirements to office behavior approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065;

about non-compliance by the civil servant with requirements to office behavior and (or) requirements about settlement of conflicting interests;

b) representation by the Minister of the materials of check testimonial:

about representation by the employee of the subordinated organization of the false or incomplete information provided by the subitem "an" of Item 1 of the Regulations on implementation of check concerning the persons replacing positions or applying for substitution of the positions included in the List of positions in the organizations created for accomplishment of the tasks set for the Ministry of Natural Resources and Environmental Protection of the Russian Federation in case of appointment to which citizens and in case of which substitution workers shall represent data on the income, on property and obligations of property nature and also data on the income, on property and obligations of property nature of the of the spouse (spouse) and minor children approved by the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of November 25, 2013 No. 544 (registration No. 30998) (further - Regulations on check is registered by the Ministry of Justice of the Russian Federation on December 31, 2013);

about non-compliance by the employee of the subordinated organization with requirements to office behavior and (or) requirements about settlement of conflicting interests;

c) arrived in department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry:

the address of the citizen replacing the position of civil service in the Ministry included in the list of positions approved by the order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation according to Item 2 of the Presidential decree of the Russian Federation of May 18, 2009 No. 557 "About approval of the list of positions of the Federal State Service in case of which substitution federal government employees shall represent data on the income, on property and obligations of property nature, and also data on the income, on property and obligations of property nature of the of the spouse (spouse) and minor children" about consent on substitution of position in commercial or non-profit organization or on performance of work on the terms of the civil agreement in commercial or non-profit organization if separate functions on public administration by this organization belonged to its job (office) responsibilities, before the expiration of two years from the date of dismissal from public service;

the statement of the civil servant, employee of the subordinated organization for impossibility for the objective reasons to provide data on the income, on property and obligations of property nature of the of the spouse (spouse) and minor children;

the statement of the civil servant, employee of the subordinated organization for impossibility to fulfill requirements of the Federal Law of May 7, 2013 No. 79-FZ "About prohibition to separate categories of persons to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation, to own and use foreign financial instruments" (The Russian Federation Code, 2013, No. 19, of Art. 2306; 2014, 52, the Art. 7542) (further - the Federal Law "About Prohibition to Separate Categories of Persons to Open and Have Accounts (Deposits), to Store Cash and Values in the Foreign Banks Located outside the Territory of the Russian Federation, to Own and Use Foreign Financial Instruments") in connection with arrest, the order prohibition imposed by competent authorities of foreign state according to the legislation of this foreign state in the territory of which there are accounts (deposits) is performed No. storage of cash and values in foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances which are not depending on its will or will of his spouse (spouse) and minor children;

the notification of the civil servant, employee of the subordinated organization on emergence of personal interest in case of execution of job (office) responsibilities which brings or can lead to conflict of interest;

d) the representation of the Minister or any member of the commission concerning ensuring compliance by the civil servant, employee of the subordinated organization of requirements to office behavior and (or) requirements about settlement of conflicting interests or implementation in the Ministry of measures for the prevention of corruption;

e) representation by the Minister of the materials of check testimonial of representation to civil servants, the employee of the subordinated organization of the false or incomplete information provided by part 1 of article 3 of the Federal Law of December 3, 2012 No. 230-FZ "About control of compliance of expenses of persons replacing the state positions, and other persons to their income" (The Russian Federation Code, 2012, No. 50, Art. 6953; 2014, No. 52, the Art. 7542) (further - the Federal Law "About Control of Compliance of Expenses of Persons Replacing the State Positions, and Other Persons to Their Income");

e) arrived according to part 4 of article 12 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" and article 64.1 of the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; 2011, No. 48, the Art. 6730) in the Ministry the notification of commercial or non-profit organization on the conclusion with the citizen replacing position of civil service in the Ministry, the employment or civil contract on performance of works (rendering services) if separate functions of public administration by this organization belonged to its job (office) responsibilities which are taken up during substitution positions in the Ministry provided that to the specified citizen by the Commission it was refused the introduction in the employment and civil relations with this organization earlier or that the question of consent to such citizen on substitution of position by it in commercial or non-profit organization or on accomplishment of work by it on the terms of the civil agreement in commercial or non-profit organization the Commission was not considered.

16. The address specified in the paragraph the second the subitem "v" of Item 15 of this provision moves the citizen replacing position of civil service in the Ministry in department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry. In the address are specified: surname, name, middle name (in the presence) the citizen, date of its birth, the residential address, the replaced positions within the last two years about day of dismissal from civil service, the name, the location of commercial or non-profit organization, nature of its activities, the job (office) responsibilities which are taken up by the citizen during substitution by it positions of civil service, function on public administration concerning commercial or non-profit organization, agreement type (labor or civil), the expected term of its action, payment amount for accomplishment (rendering) under the agreement of works (services). In department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry consideration of the address by results of which the motivated conclusion on the substance of the address taking into account requirements of article 12 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" is prepared is performed.

17. The address specified in the paragraph the second the subitem "v" of Item 15 of this provision can be submitted to the civil servants planning the dismissal from civil service and is subject to consideration by the Commission according to this Provision.

18. The notification specified in the subitem "e" of Item 15 of this provision is considered by department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry which performs preparation of the motivated conclusion about observance by the citizen replacing position of civil service in the Ministry, requirements of article 12 of the Federal Law of December 25, 2008 with No. 273-FZ "About anti-corruption".

18.1. The notification specified in paragraph four of the subitem "v" of Item 15 of this provision is considered by department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry which performs preparation of the motivated conclusion by results of consideration of the notification.

18.2. By preparation of the motivated conclusion by results of consideration of the address specified in the paragraph the second the subitem "v" of Item 15 of this provision, or notifications, the specified in paragraphs four of the subitem "v" of Item 15 of this provision and the subitem "e" of Item 15 of this provision, officials of department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry have the right to conduct interview with the civil servant, the employee of the subordinated organization who provided the address or the notification, to receive from it written explanations, and the Minister or the deputy minister, specially to that the representative, can send in accordance with the established procedure inquiries to state bodies, local government bodies and the interested organizations. The address or the notification, and also the conclusion and other materials within seven working days from the date of receipt of the address or the notification are represented to the commission chairman. In case of the direction of requests the address or the notification, and also the conclusion and other materials are represented to the commission chairman within 45 days from the date of receipt of the address or the notification. The specified term can be prolonged, but no more than for 30 days.

19. The commission chairman in case of receipt to it of information containing the bases for carrying out commission session:

a) in 10-day time appoints date of commission session. At the same time date of commission session cannot be appointed after 20 days from the date of receipt of the specified information, except as specified, provided by Items 20 and 21 of this provision;

b) will organize acquaintance of the civil servant, employee of the subordinated organization concerning which the Commission considers question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests, his representative, members of the commission and other persons participating in commission session, with information which arrived in department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry, and also with results of verification of the specified information;

c) considers petitions for the invitation to commission session of persons specified in the subitem "v" of Item 12 of this provision, makes the decision on their satisfaction (on refusal in satisfaction) and on consideration (on refusal in consideration) during commission session of additional materials.

20. Commission session on consideration of the applications, the specified in paragraphs three and the fourth the subitem "v" of Item 15 of this provision is carried out no later than one month from the date of the expiration established for submission of data on the income about property and obligations of property nature.

21. The notification specified in the subitem "e" of Item 15 of this provision is considered on the next (planned) commission session.

22. Commission session is held, as a rule, in the presence of the civil servant, the employee of the subordinated organization concerning whom the question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests, or the citizen replacing position of civil service in the Ministry is considered. About intention to be present personally at commission session the civil servant, the employee of the subordinated organization or the citizen replacing position of civil service in the Ministry specifies in the address, the statement or the notification represented according to the subitem "v" of Item 15 of this provision.

22.1. Commission sessions can be held in the absence of the civil servant, the employee of the subordinated organization or the citizen replacing position of civil service in the Ministry, in case:

a) if the address, the statement or the notification provided by the subitem "v" of Item 15 of this provision does not contain specifying about intention of the civil servant, employee of the subordinated organization or the citizen replacing position of civil service in the Ministry to be present personally at commission session;

b) if the civil servant, the employee of the subordinated organization or the citizen replacing position of civil service in the Ministry, intending to be present personally at commission session and properly informed on time and the place of its carrying out, were not on commission session.

23. On commission session explanations of the civil servant, the employee of the subordinated organization or the citizen replacing position of civil service in the Ministry are heard (from their consent), and other persons, materials on the substance of the questions submitted for this meeting, and also additional materials are considered.

24. The members of the commission and persons participating in its meeting having no right to disclose the data which became to them known in work progress of the Commission.

25. Following the results of consideration of the question specified in the paragraph the second the subitem "an" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) determine that the data provided to civil servants according to the subitem "an" of Item 1 of the Regulations on check of reliability and completeness of the data represented by the citizens applying for substitution of positions of the Federal State Service and federal government employees and the observance by federal government employees of requirements to office behavior approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065, are reliable and complete;

b) determine that the data provided to civil servants according to the subitem "an" of Item 1 of the Regulations on check of reliability and completeness of the data represented by the citizens applying for substitution of positions of the Federal State Service and federal government employees and the observance by federal government employees of requirements to office behavior approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065, are doubtful and (or) incomplete. In this case the Commission recommends to the Minister to apply one of measures of disciplinary responsibility to the civil servant.

26. Following the results of consideration of the question specified in paragraph three of the subitem "an" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) determine that the civil servant observed requirements to office behavior and (or) requirements about settlement of conflicting interests;

b) determine that the civil servant did not observe the requirement to office behavior and (or) the requirement about settlement of conflicting interests. In this case the Commission recommends to the Minister to specify to the civil servant inadmissibility of violation of requirements to office behavior and (or) requirements about settlement of conflicting interests or to apply one of measures of disciplinary responsibility to the civil servant.

27. Following the results of consideration of the question specified in the paragraph the second the subitem "b" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) determine that the data provided by the employee of the subordinated organization according to the subitem "an" of Item 1 of the Regulations on check are reliable and complete;

b) determine that the data provided by the employee of the subordinated organization according to the subitem "an" of Item 1 of the Regulations on check are doubtful and (or) incomplete. In this case the Commission recommends to the Minister to apply one of measures of disciplinary responsibility to the employee of the subordinated organization.

28. Following the results of consideration of the question specified in paragraph three of the subitem "b" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) determine that the employee of the subordinated organization observed requirements to official behavior and (or) requirements about settlement of conflicting interests;

b) determine that the employee of the subordinated organization did not observe the requirement to official behavior and (or) the requirement about settlement of conflicting interests. In this case the Commission recommends to the Minister to specify to the employee of the subordinated organization inadmissibility of violation of requirements to official behavior and (or) requirements about settlement of conflicting interests or to apply one of measures of disciplinary responsibility to the employee of the subordinated organization.

29. Following the results of consideration of the question specified in the paragraph the second the subitem "v" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) agree to the citizen to substitution of position in commercial or non-profit organization or on performance of work on the terms of the civil agreement in commercial or non-profit organization;

b) refuse to the citizen in substitution of position commercial or non-profit organization or performance of work on the terms of the civil agreement in commercial or non-profit organization and motivate the refusal.

30. Following the results of consideration of the question specified in paragraph three of the subitem "v" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) recognize that the reason of non-presentation by the civil servant, the employee of the subordinated organization of data on the income, about property and obligations of property nature of the of the spouse (spouse) and minor children is objective and valid;

b) recognize that the reason of non-presentation by the civil servant, the employee of the subordinated organization of data on the income, about property and obligations of property nature of the of the spouse (spouse) and minor children are not valid. In this case the Commission recommends to the civil servant, the employee of the subordinated organization to take measures for submission of the specified data;

c) recognize that the reason of non-presentation by the civil servant, the employee of the subordinated organization of data on the income, about property and obligations of property nature of the of the spouse (spouse) and minor children is biased and is evasion method from submission of the specified data. In this case the Commission recommends to the Minister to apply one of measures of disciplinary responsibility to the civil servant, the employee of the subordinated organization.

31. Following the results of consideration of the question specified in the subitem "d" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) recognize that the data provided by the civil servant, the employee of the subordinated organization according to part 1 of article 3 of the Federal law "About Control of Compliance of Expenses of Persons Replacing the State Positions, and Other Persons to Their Income" are reliable and complete;

b) recognize that the data provided by the civil servant, the employee of the subordinated organization according to part 1 of article 3 of the Federal law "About Control of Compliance of Expenses of Persons Replacing the State Positions, and Other Persons to Their Income" are not reliable and (or) not complete. In this case the Commission recommends to the Minister to apply specific measure of responsibility to the civil servant, the employee of the subordinated organization and (or) to direct the materials received as a result of control of expenses to bodies of prosecutor's office and (or) other state bodies according to their competence.

32. Following the results of consideration of the question specified in paragraph four of the subitem "v" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) recognize that the circumstances interfering fulfillment of requirements of the Federal Law "About Prohibition to Separate Categories of Persons to Open and Have Accounts (Deposits), to Store Cash and Values in the Foreign Banks Located outside the Territory of the Russian Federation, to Own and Use Foreign Financial Instruments" are objective and valid;

b) recognize that the circumstances interfering fulfillment of requirements of the Federal Law "About Prohibition to Separate Categories of Persons to Open and Have Accounts (Deposits), to Store Cash and Values in the Foreign Banks Located outside the Territory of the Russian Federation, to Own and Use Foreign Financial Instruments" are not objective and valid. In this case the commission recommends to the Minister to apply specific measure of responsibility to the civil servant, the employee of the subordinated organization.

33. Following the results of consideration of the question specified in the subitem "e" of Item 15 of this provision, the Commission accepts concerning the citizen replacing position of civil service in the Ministry, one of the following decisions:

a) agree to substitution of position by it in commercial or non-profit organization or on performance of work on the terms of the civil agreement in commercial or non-profit organization if separate functions on public administration by this organization belonged to its job (office) responsibilities;

b) determine that substitution by it on the terms of the employment contract of position in commercial or non-profit organization and (or) accomplishment in commercial or non-profit organization of works (rendering services) violate requirements of article 12 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption". In this case the Commission recommends to the Minister to inform bodies of prosecutor's office and the notified organization on the specified circumstances.

33.1. Following the results of consideration of the question specified in paragraph four of the subitem "v" of Item 15 of this provision, the Commission accepts one of the following decisions:

a) recognize that in case of execution by the civil servant, the employee of the subordinated organization of job (office) responsibilities the conflict of interest is absent;

b) recognize that in case of execution by the civil servant, the employee of the subordinated organization of job (office) responsibilities personal interest brings or can lead to conflict of interest. In this case the Commission recommends to the civil servant, the employee of the subordinated organization and (or) the Minister to take measures for settlement of conflicting interests or for non-admission of its origin;

c) recognize that the civil servant, the employee of the subordinated organization did not observe requirements about settlement of conflicting interests. In this case the Commission recommends to the Minister to apply specific measure of responsibility to the civil servant, the employee of the subordinated organization.

34. Following the results of consideration of the questions specified in subitems "a", "b", "v", "d" and "e" of Item 15 of this provision in the presence to that the bases the Commission can make other decision, than it is provided by Items 25 - 33.1 this provision. The bases and motives of adoption of such decision shall be reflected in the minutes of the Commission.

35. Following the results of consideration of the question provided by the subitem "g" of Item 15 of this provision, the Commission makes the relevant decision.

36. For execution of decisions of the Commission projects of regulatory legal acts of the Ministry, decisions or orders of the Minister which are in accordance with the established procedure submited to the Minister can be prepared.

37. Decisions of the Commission on the questions specified in Item 15 of this provision are accepted by secret vote (if the Commission does not make other decision) by a simple majority vote the members of the commission who are present at meeting.

38. Decisions of the Commission are drawn up by protocols which are signed by the members of the commission participating in its meeting.

Decisions of the Commission for the Minister have advisory nature, except for the decision made following the results of consideration of question, specified in the paragraph the second the subitem "v" of Item 15 of this provision which is obligatory.

39. In the minutes of the Commission are specified:

a) date of commission session, surname, names, middle names (in the presence) the members of the commission and other persons who are present at meeting;

b) the formulation of each of the questions considered on commission session with indication of surname, name, middle name (in the presence), positions of the civil servant, the employee of the subordinated organization concerning whom the question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests is considered;

c) shown to the civil servant, the employee of the subordinated organization of the claim, materials on which they are based;

d) contents of explanations of the civil servant, employee of the subordinated organization and other persons on the substance of the made complaint;

e) surnames, names, middle names (in the presence) which made a speech at meeting of persons and summary of their performances;

e) information source containing the bases for carrying out commission session, receipt date of information in the Ministry;

g) other data;

h) results of vote;

i) decision and reasons for its acceptance.

40. The member of the commission, discordant with its decision having the right to state in writing the opinion which is subject to obligatory attaching to the minutes of the Commission and with which the civil servant, the employee of the subordinated organization shall be acquainted.

41. Copies of the minutes of the Commission from the date of the meeting go to 7-day time to the Minister, completely or in the form of statements from it - to the civil servant, the employee of the subordinated organization, and also according to the decision of the Commission - other interested persons.

42. The minister shall consider the minutes of the Commission and has the right to consider within the competence the recommendations containing in it in case of decision making about application to the civil servant, the employee of the subordinated organization of the measures of responsibility provided by regulatory legal acts of the Russian Federation and also on other questions of anti-corruption. On consideration of recommendations of the Commission and the made decision the Minister in writing notifies the Commission from the date of receipt of the minutes of the Commission to it in a month.

The decision of the Minister is announced on the next commission session and taken into consideration without discussion.

43. In case of establishment of signs of minor offense by the Commission information on it is provided to the Minister for the solution of question of application to the civil servant, the employee of the subordinated organization of one of the measures of disciplinary responsibility provided by regulatory legal acts of the Russian Federation in actions (failure to act) of the civil servant, employee of the subordinated organization.

44. In case of establishment of the fact of making by the Commission by the civil servant, employee of the subordinated organization of action (failure to act fact) containing signs of administrative offense or actus reus, the commission chairman shall transfer information on making of the specified action (failure to act) and the documents confirming such fact to law-enforcement bodies in 3-day time, and if necessary immediately.

45. The copy of the minutes of the Commission or the statement from it joins the personal record of the civil servant, employee of the subordinated organization concerning which the question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests is considered.

46. The statement from the decision of the Commission certified by the signature of the secretary of the Commission and seal of the Ministry is handed to the citizen replacing position of civil service in the Ministry concerning which the question specified in the paragraph the second the subitem "v" of Item 15 of this provision under list was considered or it is sent by the registered mail with the notification to the address specified to them in the address no later than one working day following behind day of carrying out the corresponding commission session.

47. Organizational and technical and documentary ensuring activities of the Commission, and also informing members of the commission on the questions included in the agenda of date, time and the venue of meeting, acquaintance of members of the commission with the materials represented for discussion on commission session are performed by department of prevention of corruption and other offenses of Department of administration and personnel of the Ministry.

 

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