战略与国际研究中心-Strengthening-Institutional-Integrity-and-Transparency-in-Russia_17页_326kb

COBMECTHAR PABOCHA GRPYIIA POCCHN I CIIA IIIO BOIIPOCAM INHBECTNII IN IPO3PAUHOCTN

Executive Summary

The Russia-US Joint Working Group on Investment and Institutional Integrity comprises 12 Russian and US business leaders, civil society representatives, and academics. The group has formulated concrete and actionable recommendations to strengthen institutions of integrity, governance, and transparency in Russia. Key objectives include:

• Improving the business climate by reducing corruption
• Attracting investment and creating jobs
• Lowering costs and increasing transparency
• Facilitating Russia's integration into the global economy

The group applauds recent anticorruption measures, such as President Medvedev’s National Anticorruption Plan, but emphasizes the need for greater focus on the incentive system, law enforcement, and international engagement. It recommends:

• Expert analysis of national laws for corruption risks
• Development of anticorruption instruments
• Public awareness campaigns
• Independent centers for studying and monitoring corruption
• Adoption of international anticorruption measures

Key Recommendations

• Accession to and ratification of the OECD Convention on combating bribery of foreign officials
• Implementation of UNCAC requirements, including criminal liability for legal entities
• Retaining preliminary qualification requirements in government procurement
• Introducing auctions as the preferred method for awarding contracts
• Random independent quality audits of procured goods and services
• Corporate governance reforms, including independent directors and strict performance evaluations
• Exchange of data between law enforcement agencies of both countries
• Creation of an international platform for sharing best practices in anticorruption
• New laws to reduce barriers for businesses and limit state involvement in the economy
• Enhanced transparency in budget processes and access to information
• Reforms to the judicial system, including administrative courts and legal education overhauls
• Establishment of an autonomous anticorruption agency under the President
• Promotion of public awareness of corruption and its consequences

Introduction

The Working Group believes that clearer rules and reduced corruption are essential for economic growth and investment. It acknowledges that informal institutions and public tolerance for corruption remain significant challenges. The group highlights that Russia has made progress in reducing corruption opportunities through reforms like streamlining business registration, improving procurement, and enhancing transparency in administration.

To sustain these efforts, the group advocates for integrated and systemic anticorruption strategies, rather than isolated measures. It stresses the importance of private sector and civil society involvement in monitoring, implementing, and enforcing anticorruption policies.

International Measures

• The private sector should lead in promoting transparency and good governance in Russia
• Compliance with international corporate governance principles is crucial, including the role of independent directors
• Anti-bribery laws, such as the US Foreign Corrupt Practices Act, should be followed
• Investment forums should emphasize transparency, governance, and anti-corruption as key factors for investment
• Integrity pacts and alternative dispute resolution mechanisms should be used in private-public transactions

Private Sector Mechanisms

• The private sector should advocate for the implementation of UNCAC Article 12, promoting transparency in the private sector
• Training of directors on anticorruption compliance and performance evaluation criteria is necessary
• Electronic filing systems should be introduced to improve transparency and reduce administrative burdens
• Recognition of Russian share depositories as valid by US authorities can help lower transaction costs

Public Sector Mechanisms

• The Russian government should exchange information with US law enforcement agencies to enhance anticorruption enforcement
• An international working group should be established to improve procurement practices using global experiences
• G8 and G20 commitments on transparency and financial accountability must be implemented
• Expert groups should be formed to support the development of effective anticorruption measures

Domestic Measures

• The government should assign clear responsibilities to public officials for implementing anticorruption laws
• Procedures for accountability must be established to ensure compliance with legal obligations
• Restrictions on government monopolies in education, healthcare, and social services should be introduced to promote outsourcing and reduce corruption

Control and Supervision of Business Activities

• A new law on business supervision limits inspections and allows entrepreneurs to notify the government instead of seeking prior approval
• However, administrative barriers still exist, creating opportunities for corruption
• Reforms are needed to address:
  • Entry barriers for businesses not under the new notification system
  • Technical specification requirements for products and services
  • Inspections not covered by the new law
  • Access to budget resources and infrastructure

Guarantees of Transparency and Access to Information

• Federal Law 8-F3 (2009) aims to improve access to information on state bodies but lacks clear procedures and sanctions
• Implementation regulations must ensure:
  • Transparency and accessibility of information through the Internet
  • Accuracy and timeliness of information provision
  • Unencumbered search and dissemination of information
• The development of legal documents should be open and involve civil society and private sector input
• Open budget processes, such as those in Chuvashia, should be promoted

Anticorruption Expert Evaluation

• Mandatory expert review of draft laws for corruption risks and compliance is essential
• The State Duma has introduced a draft law on anticorruption expert review
• Business representatives should be included in the expert review process
• Regional programs can serve as models for national reforms, including citizen advocates and mobile legal consultation centers

Declaration of Earnings and Assets

• President Medvedev has issued executive orders requiring civil servants and office-seekers to declare income and assets
• Public access to this information must be ensured
• Legislation should prevent officials from transferring assets to avoid declaration

This report outlines a comprehensive approach to reducing corruption in Russia, emphasizing the need for international cooperation, systemic reforms, and active participation from both the private and public sectors.