ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of June 8, 2015 No. 1107

About approval of the Regulations on the commission on observance of requirements to office behavior of federal government civil servants of central office of the Federal Customs Service, representative offices (representatives) of Customs Service of the Russian Federation in foreign states and employees of the organizations created for accomplishment of the tasks set for the Federal Customs Service and to settlement of conflicting interests

List of amending documents

According to the Federal Laws 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; 2015, No. 14, the Art. 2008), 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), 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), 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 on observance of requirements to office behavior of federal government civil servants of central office of the Federal Customs Service, representative offices (representatives) of Customs Service of the Russian Federation in foreign states and employees of the organizations created for accomplishment of the tasks set for the Federal Customs Service and to settlement of conflicting interests according to appendix to this order.

2. Recognize to invalid:

the order of FCS of Russia of September 1, 2010 No. 1619 "About creation of the commission of central office of FCS of Russia on observance of requirements to office behavior of federal government employees and to settlement of conflicting interests and about approval of regulations on it" (it is registered by the Ministry of Justice of the Russian Federation 22.09. 2010, registration No. 18511);

Item 5 of the order of FCS of Russia of April 17, 2012 No. 711 "About modification of some regulatory legal acts of FCS of Russia" (it is registered by the Ministry of Justice of the Russian Federation 15.05. 2012, registration No. 24152);

Item 1 of the order of FCS of Russia of September 24, 2012 No. 1911 "About modification of some regulatory legal acts of FCS of Russia" (it is registered by the Ministry of Justice of the Russian Federation 10.10. 2012, registration No. 25648);

Item 1 of the order of FCS of Russia of September 26, 2014 No. 1887 "About modification of some regulatory legal acts of FCS of Russia" (it is registered by the Ministry of Justice of the Russian Federation 20.11. 2014, registration No. 34807).

I reserve control of execution of this order.

Appendix

to the Order of the Federal Customs Service of the Russian Federation of June 8, 2015 No. 1107

Regulations on the commission on observance of requirements to office behavior of federal government civil servants of central office of the Federal Customs Service, representative offices (representatives) of Customs Service of the Russian Federation in foreign states and employees of the organizations created for accomplishment of the tasks set for the Federal Customs Service and to settlement of conflicting interests

I. General provisions

1. This Provision determines the procedure of creation and procedure for activities of the commission on observance of requirements to office behavior of federal government civil servants of central office of the Federal Customs Service, representative offices (representatives) of Customs Service of the Russian Federation in foreign states and employees of the organizations created for accomplishment of the tasks set for the Federal Customs Service 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, this Provision, and also normative and other legal acts of FCS of Russia.

3. The main objective of the commission is assistance of FCS of Russia:

a) in ensuring compliance with restrictions and prohibitions, requirements about prevention or settlement of conflicting interests, and also in ensuring fulfillment of duties, established by 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) (further - the Federal Law "About Anti-corruption"), other Federal Laws (further - requirements to office behavior and (or) requirements about settlement of conflicting interests):

federal government civil servants of central office of the Federal Customs Service, representations (representatives) of Customs Service of the Russian Federation in foreign states (further - civil servants);

the citizens replacing the positions of Federal public civil service (further - civil service) in central office of the Federal Customs Service, representations (representatives) of Customs Service of the Russian Federation in foreign states included in 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, No. 557 approved by the Presidential decree of the Russian Federation of May 18, 2009 (The Russian Federation Code, 2009, to No. 21, Art. 2542; 2012, No. 4, Art. 471, No. 14, Art. 1616; 2014, No. 27, Art. 3754; 2015, No. 10, the Art. 1506) (further - the citizens replacing positions of civil service);

the workers replacing the separate positions based on the employment contract in the organizations created for accomplishment of the tasks set for the Federal Customs Service included in the List of positions in the organizations created for accomplishment of the tasks set for the Federal Customs Service 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 No. 1572 approved by the order of FCS of Russia of August 20, 2013 (it is registered by the Ministry of Justice of the Russian Federation 12.09. 2013, registration No. 29942) (further - employees of the organizations);

b) in implementation in FCS of Russia 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 civil servants and employees of the organizations.

II. Structure of the commission

5. The structure of the commission affirms the order of FCS of Russia.

The commission chairman, his deputy appointed by the head of FCS of Russia from among members of the commission, the secretary and members of the commission are part of the commission. All members of the commission in case of decision making have the equal rights. In the absence of the commission chairman its duties are fulfilled by the vice-chairman of the commission.

6. Are part of the commission:

a) the deputy manager of FCS of Russia (commission chairman), the chief (the first deputy, the deputy chief) of Management of public service and personnel, the official of Management of public service and personnel responsible for work on prevention of corruption and other offenses (the secretary of the commission), officials of Legal department, Management on anti-corruption and other structural divisions of FCS of Russia;

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 civil service.

7. The head of FCS of Russia can make the decision on inclusion in structure of the commission:

a) representative of Public council to FCS of Russia;

b) representative of Council of veterans of Customs Service;

c) representative of the trade-union organization FCS of Russia.

8. Persons specified in subitems "b" and "v" of Item 6 and in Item 7 of this provision are included the commissions in accordance with the established procedure in coordination with the Russian Government Office, with the scientific organizations and educational institutions of secondary, higher and additional professional education, with Public council under FCS of Russia, with Council of veterans of Customs Service, with the trade-union organization FCS of Russia based on request of the head of FCS of Russia.

9. The number of the members of the commission who are not replacing position in FCS of Russia shall constitute at least one quarter of total number of members of the commission.

10. 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.

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

a) the immediate superior 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 the position in FCS of Russia, similar positions replaced by the civil servant concerning whom the commission considers this question;

b) the direct head of the employee of the organization concerning whom the commission considers question of observance of requirements to office behavior and (or) requirements about settlement of conflicting interests, or the official of the structural division of FCS of Russia responsible for the organization of work with the relevant organization;

c) other government employees of FCS of Russia; 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 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 organization) concerning which the commission considers this question, or any member of the commission.

12. 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 in FCS of Russia, inadmissibly.

13. 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.

III. Operating procedure of the commission

14. The bases for carrying out commission session are:

a) representation of FCS of Russia by the head 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, the Art. 1506) (further - the Provision approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065), the materials of check testimonial:

about representation to civil servants (the employee of the organization) of the false or incomplete information provided by the subitem "an" of Item 1 of the Provision approved by the Presidential decree of the Russian Federation of September 21, 2009 No. 1065;

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

b) arrived in Management of public service and personnel according to the procedure, No. 723 established by the order of FCS of Russia of April 16, 2013 "About procedure for receipt of appeals and statements to the commission on observance of requirements to office behavior of federal government employees and settlement of conflicting interests (certifying commission) of customs authority of the Russian Federation" (28.06.2013, registration No. 28917) is registered by the Ministry of Justice of the Russian Federation, with the changes made by the order of FCS of Russia of September 26, 2014 No. 1887 (it is registered by the Ministry of Justice of the Russian Federation 20.11. 2014, registration No. 34807):

the address of the citizen replacing position of civil service 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 of this organization belonged to its job (office) responsibilities, before the expiration of two years from the date of dismissal from civil service;

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

c) the representation of the head of FCS of Russia or any member of the commission concerning ensuring compliance by the civil servant (the employee of the organization) of requirements to office behavior and (or) requirements about settlement of conflicting interests or implementation in FCS of Russia of measures for the prevention of corruption;

d) representation of FCS of Russia of the materials of check by the head testimonial of representation to civil servants (the employee of the 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 "About Anti-corruption" and article 64.1 of the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; 2008, No. 52, Art. 6235; 2011, No. 48, the Art. 6730) in FCS of Russia the notification of commercial or non-profit organization on the conclusion with the citizen replacing position of civil service, 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 of civil service 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.

15. 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 discipline.

16. The address specified in the paragraph the second the subitem "b" of Item 14 of this provision moves the citizen replacing position of civil service in Management of public service and personnel. In the address are specified: surname, name, the citizen's middle name, 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 Management of public service and personnel consideration of the address is performed, <1> by results of which the motivated conclusion on the substance of the address taking into account requirements of article 12 of the Federal law "About Anti-corruption" is prepared.

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<1> Consideration of the address is performed with involvement of other structural division of FCS of Russia in which the citizen passed civil service just before dismissal. Consideration of the address of the citizen replacing position of civil service in representation (representative) of Customs Service of the Russian Federation in foreign state is performed with involvement of Management of customs cooperation.

17. The address specified in the paragraph the second the subitem "b" of Item 14 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.

17.1. The notification specified in paragraph five of the subitem "b" of Item 14 of this provision is considered by Management of public service and personnel which performs preparation of the motivated conclusion by results of consideration of the notification. <2>

<2> Consideration of the notification of the civil servant is performed with involvement of structural division of FCS of Russia in which the civil servant passes civil service. Consideration of the notification of the employee of the organization is performed with involvement of the structural division of FCS of Russia performing monitoring of the organization, and (or) organization in which the worker replaces position.

18. The notification specified in the subitem "d" of Item 14 of this provision is considered by Management of public service and personnel which performs preparation of the motivated conclusion about observance by the citizen replacing position of civil service, requirements of article 12 of the Federal law "About Anti-corruption".

18.1. By preparation of the motivated conclusion by results of consideration of the address specified in the paragraph the second the subitem "b" of Item 14 of this provision, or notifications, the specified in paragraphs five of the subitem "b" and the subitem "d" of Item 14 of this provision, officials of Management of public service and personnel have the right to conduct interview with the civil servant (the employee of the organization) who provided the address or the notification, to receive from it written explanations, and the head of FCS of Russia or his deputy, 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 (the employee of the 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 Management of public service and personnel and with results of its check;

c) considers petitions for the invitation to commission session of persons specified in the subitem "v" of Item 11 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 "b" of Item 14 of this provision is, as a rule, 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 "d" of Item 14 of this provision, as a rule, 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 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 is considered. About intention to be present personally at commission session the civil servant (the employee of the organization) or the citizen replacing position of civil service specifies in the address, the statement or the notification represented according to the subitem "b" of Item 14 of this provision.

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

a) if the address, the statement or the notification provided by the subitem "b" of Item 14 of this provision does not contain specifying about intention of the civil servant (the employee of the organization) or the citizen replacing position of civil service personally to be present at commission session;

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

23. On commission session explanations of the civil servant (the employee of the organization) or the citizen replacing position civil services 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.

IV. The decisions made by the commission

25. Following the results of consideration of the question specified in the paragraph the second the subitem "an" of Item 14 of this provision, the commission accepts one of the following decisions:

a) determine that the data provided to civil servants (the employee of the organization) according to the subitem "an" of Item 1 of the Provision 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 (the employee of the organization replacing position, appointment to which and release from which is performed by the head of FCS of Russia) according to the subitem "an" of Item 1 of the Provision 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 head of FCS of Russia to apply specific measure of responsibility to persons specified in this subitem;

c) determine that the data provided by the employee of the organization replacing position, appointment to which and release from which is performed by the head of the organization, according to the subitem "an" of Item 1 of the Provision 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 head of the organization to apply specific measure of responsibility to the employee of the organization.

26. Following the results of consideration of the question specified in paragraph three of the subitem "an" of Item 14 of this provision, the commission accepts one of the following decisions:

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

b) determine that the civil servant (the employee of the organization replacing position, appointment to which and release from which is performed by the head of FCS of Russia) 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 head of FCS of Russia to apply specific measure of responsibility to persons specified in this subitem or to specify to them inadmissibility of violation of requirements to office behavior and (or) requirements about settlement of conflicting interests;

c) determine that the employee of the organization replacing position, appointment to which and release from which is performed by the head of the organization, 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 head of the organization to apply specific measure of responsibility to the employee of the organization or to specify to him inadmissibility of violation of requirements to office behavior and (or) requirements about settlement of conflicting interests.

27. Following the results of consideration of the question specified in the paragraph the second the subitem "b" of Item 14 of this provision, the commission accepts one of the following decisions:

a) give to the citizen replacing position of civil service, consent 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 if separate functions on public administration by this organization belonged to its job (office) responsibilities;

b) refuse to the citizen replacing position of civil service substitution of position in commercial or non-profit organization or in 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, and to motivate the refusal.

28. Following the results of consideration of the question specified in paragraph three of the subitem "b" of Item 14 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 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 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 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 organization replacing position, appointment to which and release from which is performed by the head of FCS of Russia), data on the income, on 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 head of FCS of Russia to apply specific measure of responsibility to persons specified in this subitem;

d) recognize that the reason of non-presentation by the employee of the organization replacing position, appointment to which and release from which is performed by the head of the organization, of data on the income, on 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 head of the organization to apply specific measure of responsibility to the employee of the organization.

29. Following the results of consideration of the question specified in paragraph four of the subitem "b" of Item 14 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 head of FCS of Russia to apply specific measure of responsibility to the civil servant.

29.1. Following the results of consideration of the question specified in paragraph five of the subitem "b" of Item 14 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 organization) of job responsibilities the conflict of interest is absent;

b) recognize that in case of execution by the civil servant (the employee of the organization) of job 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 organization) and (or) the head of FCS of Russia (the head of the organization) 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 organization) did not observe the requirement about settlement of conflicting interests. In this case the commission recommends to the head of FCS of Russia (the head of the organization) to apply specific measure of responsibility to the civil servant (the employee of the organization).

30. Following the results of consideration of the question specified in the subitem "g" of Item 14 of this provision, the commission accepts one of the following decisions:

a) recognize that the data provided to civil servants (the employee of the 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 to civil servants (the employee of the organization replacing position, appointment to which and release from which is performed by the head of FCS of Russia) 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 doubtful and (or) incomplete. In this case the commission recommends to the head of FCS of Russia to apply specific measure of responsibility to persons specified in this subitem 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;

c) recognize that the data provided by the employee of the organization replacing position, appointment to which and release from which is performed by the head of the 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 doubtful and (or) incomplete. In this case the commission recommends to the head of the organization to apply specific measure of responsibility to the employee of the 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.

31. Following the results of consideration of the question specified in the subitem "d" of Item 14 of this provision, the commission accepts concerning the citizen replacing position of civil service, 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 "About Anti-corruption". In this case the commission recommends to the head of FCS of Russia to inform bodies of prosecutor's office and the notified organization on the specified circumstances.

32. Following the results of consideration of the questions specified in subitems "a", "b", "g" and "d" of Item 14 of this provision and in the presence to that the bases the commission can make other decision, than it is provided by Items 25 - 31 this provision. The bases and motives of adoption of such decision shall be reflected in the minutes of the commission.

33. Following the results of consideration of the question provided by the subitem "v" of Item 14 of this provision, the commission makes the relevant decision.

34. For execution of decisions of the commission drafts of legal acts of FCS of Russia, decisions or orders of the head of FCS of Russia which are in accordance with the established procedure submited the head of FCS of Russia can be prepared.

35. Decisions of the commission on the questions specified in Item 14 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.

36. 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, except for the decision made following the results of consideration of question, specified in the paragraph the second the subitem "b" of Item 14 of this provision for the head of FCS of Russia (the head of the organization) have advisory nature. The decision made following the results of consideration of the question specified in the paragraph the second the subitem "b" of Item 14 of this provision is obligatory.

37. In the minutes of the commission are specified:

a) date of commission session, surname, names, middle names of 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, position of the civil servant (the employee of the 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 organization) of the claim, materials on which they are based;

d) contents of explanations of the civil servant (the employee of the organization) and other persons on the substance of the made claim;

e) surnames, names, middle names of persons who made a speech at meeting and summary of their performances;

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

g) other data;

h) results of vote;

i) decision and reasons for its acceptance.

38. 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 organization) shall be acquainted.

39. Copies of the minutes of the commission from the date of the meeting go to 7-day time to the head of FCS of Russia (the head of the organization), completely or in the form of statements from it - to the civil servant (the employee of the organization), and also according to the decision of the commission - other interested persons.

40. The head of FCS of Russia (the head of the organization) by consideration of the minutes of the commission 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 organization) of the measures of responsibility provided by regulatory legal acts of the Russian Federation and also on other questions of the organization of anti-corruption. On consideration of recommendations of the commission and the made decision the head of FCS of Russia (the head of the organization) 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 head of FCS of Russia (the head of the organization) is announced on the next commission session and taken into consideration without discussion.

41. In case of establishment of signs of minor offense by the commission information on it is provided to the head of FCS of Russia (the head of the organization) for the solution of question of application to the civil servant (the employee of the organization) of the measures of responsibility provided by regulatory legal acts of the Russian Federation in actions (failure to act) of the civil servant (the employee of the organization).

42. In case of establishment of the fact of making by the commission by the civil servant (the employee of the organization) of action (the failure to act fact) containing signs of administrative offense, 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.

In case of establishment of the fact of making by the commission by the civil servant (the employee of the organization) of action (the failure to act fact) containing actus reus signs, the commission chairman shall transfer immediately information on making of the specified action (failure to act) and the documents confirming such fact to Management on anti-corruption.

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

44. The statement from the decision of the commission certified by the signature of the secretary of the commission and seal of Management of public service and personnel is handed to the citizen replacing position of civil service concerning whom the question specified in the paragraph the second the subitem "b" of Item 14 of this provision under the signature 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.

45. 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 Management of public service and personnel.

 

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