EUROPEAN UNION POLICY ADVICE PROGRAMME AND THE COUNCIL OF EUROPE Council of Europe European Union Conseil de l’Europe Union européenne Project: “Russian Federation – Development of legislative and other measures for the prevention of corruption” (RUCOLA 2) FINAL REPORT Appendices Volume 1: Reports made by international and national experts in the framework of the project Directorate General of Human Rights and Legal Affairs Council of Europe EUROPEAN UNION POLICY ADVICE PROGRAMME AND THE COUNCIL OF EUROPE Project: “Russian Federation – Development of legislative and other measures for the prevention of corruption” (RUCOLA 2) FINAL REPORT Appendices Volume 1: Reports made by international and national experts in the framework of the project Directorate General of Human Rights and Legal Affairs Council of Europe For further information on this report and the Project please contact: Economic Crime Division Technical Co-operation Department Directorate General of Human Rights and Legal Affairs Council of Europe F-67075 Strasbourg Cedex, France Tel. +33 3 90 21 4506 • Fax +33 3 88 41 2052 E-mail [email protected] Views expressed in this report do not represent the official opinions of the European Commission or the Council of Europe. © Council of Europe, 2008 Directorate General of Human Rights and Legal Affairs Council of Europe F-67075 Strasbourg Cedex First printing: September 2008 (this version, with some small corrections, October 2008) Printed at the Council of Europe Contents Experience of European countries in the sphere of development and functioning of national anti-corruption strategies . 7 Drago Kos, Chairman of the Commission for the Prevention of Corruption in the Republic of Slovenia and Chairman of the Group of States against Corruption – GRECO Russia’s experience in developing and implementing national anti-corruption strategies. 12 Elena Panfilova, General Director of the Centre for Anti-corruption Research and Initiative Transparency International – Russia Corruption in the legislative process: an overview of the issues. 18 Quentin Reed, Lead expert to the RUCOLA 2 project Corruption risk analysis in the Russian Federation: theory and practice. 24 Elvira Talapina, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law The issues of formulating the methods of assessing corruption risks in specific policy areas. 29 Larissa Sannikova, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Overview of the anti-corruption reform measures undertaken by the Duma . 32 Vladimir Yuzhakov, President, Institute for Modernisation of the Public (state and municipal) Administration Experience of European countries in the sphere of creation and functioning of a specialised body responsible for the co-ordination of national efforts in the sphere of combating and prevention of corruption . 37 Drago Kos, Chairman of the Commission for the Prevention of Corruption in Slovenia and Chairman of GRECO The issue of creating in Russia a specialised body/bodies responsible for the co-ordination of national efforts in the sphere of combating and prevention of corruption . 43 Elena Panfilova, General Director of the Centre for Anti-corruption Research and Initiative Transparency International – Russia Corruption in education systems: an overview of problems and solutions . 54 Quentin Reed, Lead expert to the RUCOLA 2 project Corruption risk assessment of the Russian legislation regulating education . 61 Larissa Sannikova, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law The prevention of corruption in public procurement: good practice in Europe. 66 Peter Trepte, Barrister specialising in public procurement law, United Kingdom 3 4 Project “Russian Federation – Development of legislative and other measures for the prevention of corruption” (RUCOLA 2) Corruption risk assessment of the Russian legislation regulating state and municipal procurement . 75 Nina Solovyanenko, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Perspectives for the development of the corruption risk assessment methodology with regard to the analysis of legislation on public procurement of the Russian Federation. 81 Vladimir Yuzhakov, President, Institute for Modernisation of the Public (state and municipal) Administration The basis for the national anti-corruption strategy in the Russian Federation . 85 Elena Panfilova, General Director of the Centre for anti-corruption research and Initiative Transparency International – Russia Corruption and anti-corruption strategies in health systems: an overview of the issues and policy solutions. 93 Quentin Reed, Lead expert to the RUCOLA 2 project Joint report on corruption risk assessment of the legislation in the sphere of healthcare. 100 Elvira Talapina and Larissa Sannikova, Senior scientific experts, Institute of State and Law, Russian Academy of Sciences, Candidates of Law Joint report on corruption risk assessment of the legislation in the sphere of education . 105 Elvira Talapina and Larissa Sannikova, Senior scientific experts, Institute of State and Law, Russian Academy of Sciences, Candidates of Law An expert opinion on “Guidelines to experts on the initial assessment of a legislative act for corruption risks” and recommendations for approaches to prevent corruption in the legislative process . 109 Quentin Reed, Lead expert to the RUCOLA 2 Project Recommendations for further action to assess and address vulnerabilities to corruption in the legislative processes of the Russian Federation . 113 Quentin Reed, Lead expert to the RUCOLA 2 Project Proposals on improving legislation on public and municipal procurement . 115 Nina Solovyanenko, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Proposals on improving legislation on public and municipal procurement . 118 Elvira Talapina, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Expert opinion on the legislative proposals in the sphere of public procurement made by the Russian experts to the project . 121 Peter Trepte, Barrister specialising in public procurement law, United Kingdom Proposals on improving the legislation in the sphere of education . 124 Larissa Sannikova, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Proposals on improving the legislation in the sphere of education . 126 Elvira Talapina, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Opinion on proposed measures to tackle corruption in the education system in the Russian Federation . 128 Quentin Reed, Lead expert to the RUCOLA 2 project Final report: Appendices, Volume 1 Project “Russian Federation – Development of legislative and other measures for the prevention of corruption” (RUCOLA 2) 5 Proposals on improving legislation in the healthcare system . .130 Larissa Sannikova, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Proposals on improving legislation in the healthcare system . .131 Elvira Talapina, Senior scientific expert, Institute of State and Law, Russian Academy of Sciences, Candidate of Law Opinion on proposed measures to tackle corruption in the healthcare system in the Russian Federation. .134 Quentin Reed, Lead expert to the RUCOLA 2 Project Principles and format of establishing a specialised anti-corruption body in Russia . .136 Elena Panfilova, General Director of the Centre for anti-corruption Research and Initiative Transparency International – Russia Expert opinion on the papers prepared by Elena Panfilova concerning anti-corruption strategy and anti-corruption body in the Russian Federation . .142 Drago Kos, Chairman of the Commission for the Prevention of Corruption in the Republic of Slovenia and Chairman of the Group of States against Corruption – GRECO Legislative measures to prevent corruption in healthcare . .146 Legislative measures to prevent corruption in public procurement . .151 National anti-corruption strategy in the Russian Federation . .156 Corruption in education in the Russian Federation . .164 The creation of the anti-corruption body in the Russian Federation . .170 Final report: Appendices, Volume 1 Experience of European countries in the sphere of development and functioning of national anti-corruption strategies Drago Kos Chairman of the Commission for the Prevention of Corruption in the Republic of Slovenia and Chairman of the Group of States against Corruption – GRECO The need for prevention No country is free from corruption – police officers, prosecuted by prosecutors ruption legislation, etc. However, taking everyone, politicians, government officials, and judged by judges. This was sufficient into account all knowing features of cor- business leaders, journalists and neigh- for decades, and then two findings arose: ruption, the recognition emerged that this bours are affected by this social disease. • corruption is much more than a simple phenomenon cannot be fought without Beside economic 1 corruption, it also has sum of so-called corruption offences serious and planned prevention . It took social 2 and political 3 consequences, which listed in the national criminal legisla- some years when this idea was brought into all together hinder or at least slow down tion; there are some forms of this phe- life