We, the students and graduates of the Metropolitan Municipal Institute named after M. University and the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, invite all the people of the Russian Federation to sign the appeal for the ratification of Article 20 of the UN Convention against Corruption, after collecting the necessary 100,000 signatures will be oriented to the President, deputies of the State Duma and Federation Council members.
What is the 20th article of the UN Convention against Corruption, and why its so important to ratify?
20th article is a key element of the UN Convention against Corruption, adopted by the UN General Assembly on October 31, 2003: As pointed out by successful experience in fighting corruption in a number of foreign countries, particularly the norm 20th article are more than existing anti-corruption mechanism. That's why they act in the framework of the 10-states, which are unusual coincidences among the least corrupt.
The very text of the article is a common and unambiguous:
Subject to the provisions of its own constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offenses, when committed on purpose, illegal enrichment, in other words, a significant increase assets of public official that his legitimate income, which it can not reasonably explain. "
In other words, subject to ratification 20th Article least some bureaucrat with the official wage of 30,000-50,000 rubles, who lives in a luxurious three-storey cottage and riding on a new Bentley, will be required to document the legality of their own costs. In the unlikely event he is in danger to go to prison and get in the end the real term of imprisonment.
Maybe some compassionate byurokratofilam such measures seem very harsh. But the Russian historical experience and global practice definitely indicate that the bureaucrats, by the nature of their activities actually occupy a privileged position in society, must, of course not enough to agree to closer public and law enforcement control of its own activities. In another bureaucracy is transformed into the extraordinary caste which considers itself above the law and more important than all others. It's not safe for the country and its people and, therefore, unacceptable!
The country has in recent years have already passed a number of laws aimed at combating corruption. Are they enough?
In 2003, Our homeland with Weave the other states have signed and ratified the 2006 UN Convention against Corruption, withdrawing from it an important element — the 20 th article, which is a proven criminal charges against at least some of the bureaucrat, the cost is obviously superior to officially declared their incomes. In contrast to the 10-s of the minimum level of corruption in the Russian legislation such existing anti-corruption mechanism is not provided. This allows a cheeky bureaucrats officially receiving a small fee, to lead defiantly chic style of life against the backdrop of poverty, mired in which most of the population.
We are trying to assure that came into force on 1 January 2013 the law "On Control of compliance costs of individuals holding municipal offices, and other persons of their income" is the 20th ratification of the nomination paper. But it is not. Closely examining this document, you can come to a particular conclusion: clever, far-sighted and ladyaschim corrupt superiors and after the adoption of the new law is not in danger. The procedures by which the expenses of officials must be checked for their compliance with the income, contain within themselves a lot of loopholes to circumvent the law, or at least the latest minimize negative impacts, focusing on the characteristics of Russian law enforcement. A means even corrupt, who caused the state a multibillion-dollar damage again incur a just and deserved punishment.
According to the views of enemies ratification 20th article of the UN Convention against Corruption, the level of legislative regulation of anti-corruption in our country is sufficient. Then why in the last two decades, no senior bureaucrat has been brought to justice, despite the fact that the Court of Accounts and the police during this period were identified embezzlement and misappropriation of funds for the implementation of the budget 10's billion bucks?
Contradict the ratification of the 20th article of the Constitution of the Russian Federation?
Another argument enemies ratification 20th article of the UN Convention against Corruption is the fact that its content Tipo "came into conflict with the Russian Constitution." This refers to the "presumption of innocence" citizen enshrined in the 49th article of the Basic Law.
Note that the question of conformity of normative legal acts with the Constitution addresses the Constitutional Tribunal of. And it is in the Definitions of November 15, 2001 № 277-O, and September 30, 2004 № 299-O pointed out that the choice of a national professional bureaucrat is purely volunteer. With all of this becoming a municipal employee citizen automatically agrees to comply with the restrictions and not to violate the prohibitions related to the performance of his obligations. So makarom prohibitions and limitations imposed by specific status, which takes in such a case, the person can not be regarded as unlawful restrictions on the constitutional rights of the person.
As our signature posodeystvuyut achieve ratification of Article 20 of the UN Convention against Corruption?
The private pre-election article "Democracy and the quality of the state," current President Vladimir Putin proposed the idea of mandatory consideration of the highest authorities of all the appeals of people who will get more than 100,000 signatures, including the network and the Web.
We believe that this gives us as citizens of the country special "active right" to raise fundamental social initiatives and ensure their adoption by the Parliament and the President of Russia.
We pay for themselves aware of the fact that the parliamentary majority of the State Duma, the Federation Council and the President can ignore the appeal of thousands of concerned people of the Russian Federation or to limit the adoption of yet another futile "beauty" of the law, eviscerate the essence of the struggle against corruption.
In this case, we as citizens of the country will give befitting authorities assess the elections and retain the right to resort to even how legitimate aggressive action to ultimately achieve ratification of the 20th article of the UN Convention against Corruption!
We invite all concerned people to show their active plainclothes position and support the ratification of the 20th article, putting his signature to the following appeal to the deputies, senators and the president of Russia.