On Monday, the state Duma Committee on legislation will consider a bill to criminalize the embezzlement of budget funds for state and municipal contracts. The project also proposes to enhance punishment for the use of funds in placing and implementing the state defence order. The authors of the initiative made a year ago, was made by the Chairman of the Duma Committee for security and combating corruption Irina Yarovaya and its colleague on fraction “United Russia” Mikhail Starshinov.
A bill was prepared pursuant to the instructions of the President following his address to the Federal Assembly in December 2014, said in the explanatory note Spring. Vladimir Putin then said that the misuse or theft of budget allocations for state defence orders should be punished as strictly as the financing of terrorism.
Deputies proposed to Supplement the criminal code a new article 164.1, according to which for the theft of money by an official of the customer, supplier, subcontractor and co-executor of the state order will be punished the same way — by a fine from 500 thousand rubles to 1 million rubles with deprivation of the right to hold their positions for up to five years; five-year forced labor or a prison term of up to six years with 500-thousand fine and five year prohibition to hold their positions.
Punishment for senior officials (persons holding gosdolzhnosti), convicted of embezzlement of budget funds on public contracts, will be harder: from 5 to 12 years of imprisonment with a fine of 1-3 million rubles and a ban on occupying certain positions by the court for up to 10 years.
For theft in especially large size (over 6 million) or in the execution of the contract on the state defence order will face seven to 20 years in prison and a fine of 3-5 million rubles and a ban to occupy certain positions for up to 20 years, to the draft.
Now they may face punishment under article 160 of the criminal code (“Appropriation or embezzlement”) with maximum sanctions of up to 10 years imprisonment and up to 1 million rubles in fines.
In addition, it is proposed to set a higher liability for abuse of office, reception and bribery in the identification of suppliers and the execution of the contract, as well as when placing or execution of the state defense order. For example, for a bribe will face up to 15 years imprisonment, the maximum penalty is 10 years.
The government believes to be reasonable amendments on strengthening the responsibility for crimes related to the placement and implementation of state defense orders, mentioned in his official review. But further assessment requires the proposal to increase penalties for theft of state (municipal) property for compliance with the constitutional principle of equality of all forms of ownership, the document says.
Spring has already been explained that the said constitutional principle implies only equal means of protection — criminal law and sanctions are not identical acts.
The Supreme court supports the initiative, but noted in his review that the bill does not define “officers” in relation to the new article.
The Committee recommends to adopt the draft in first reading, said a source in the Committee. In the draft opinion of the Committee that had been visited , the initiative was approved, but referred to the necessity of its elaboration for the second reading. The sanctions being proposed requires further discussion because it does not fully comply with the principle of justice, the document notes.
In addition, in the draft opinion, as in the review of the Supreme court, said the need to clarify the categories of officials subject to increased sanctions. If the supplier, subcontractor and co are commercial organizations, persons performing in these organizations the management function, not subject to the articles, stated in the draft opinion.
According to the interlocutor of the Committee, the amendments of Spring long were not considered because of the talks about how they can be modified to the second reading.