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2007 Assessment

Russia: Integrity Indicators Scorecard

Russia: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	63
25	Is the executive leadership subject to criminal proceedings?	50
26	Are there regulations governing conflicts of interest by the executive branch?	56
27	Can citizens access the asset disclosure records of the heads of state and government?	50
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: Yes, but citizens can only sue individual public officials and not the government itself.

References: Constitution, Ch. 2

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: In practice, members of the executive sometimes give reasons for their policy decisions though any serious discussion is not expected or promoted. There are regular debates over important policy issues but only a group of experts is favored by national media (while some, mostly anti-Putin are blacklisted) and not serious changes to any policy came as a result of such debates.

However, Putin gives regular addresses to the nation, regularly grants interviews (to selected journalists) and is available on TV and the Internet for questions from ordinary people (selected and censored by his staff). Nonetheless, President Putin is notorious for lack of comment on his personal appointments.

References: Dr. Vasiliy A. Vlasihin, legal expert (Moscow)

Michail Krasnov, the former aide to President Yeltsin, believes the system of appointment of the Russian Cabinet is very non-transparent.

See more about it here: [ LINK ]; [ LINK ].

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: Yes, in law, the judiciary can review the actions of the executive.

References: Constitution, Ch. 1

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: In practice, the judiciary sometimes reviews the actions of the executive, especially in the regions. However, such cases are usually an exception rather than a rule. Although, higher courts (Constitutional Court, Supreme Court, and Arbitration Court) do it on a regular basis.

References: Dr. Vasili A. Vlasikhin, legal expert (Moscow)

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: In general, yes. However, it has to be mentioned that not all such orders are available to the general public. As the executive has a huge majority in Parliament (enough to change the constitution), the president can rely on the State Duma to support almost any law he needs.

References: Dr. Vasili A. Vlasikhin, legal expert (Moscow)

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: The president is immune and can only be prosecuted once he is impeached.

References: Constitution of Russia, Article 91

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: The State Duma on Feb. 12, 2007 gave initial approval to legislation that gives President Vladimir Putin the right to suspend governors and mayors accused of crimes, regardless of the offense. The legislation, passed 419-0 in a first reading, it is the latest in a series of initiatives that apparently tighten the Kremlin's grip on the country's political life.

The bill will allow the president to suspend governors and mayors after receiving incriminatory materials from prosecutors and before any formal charges are filed. Under current law, they can be suspended only if charged with violent crimes.

The Kremlin's Duma envoy said the bill, which will likely be passed by both houses of the parliament and signed into law, will help prevent terrorism.

(See more about it here: Parliament to Give Putin More Power, The Associated Press, February 12, 2007)

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: Yes, according to the Federal Law on Public Civil Service, all public officials are required to file an asset disclosure form when entering a public service and annually, by April 30 (for the previous financial year). However, no sanctions for violation of this regulation are specified.

The latest financial declaration of the President Putin was disclosed in the late October 2007 after he announced his intention to run for the State Duma in December 2007. It's available here [ LINK ].

References: Decree of the President of the Russian Federation "On providing information on income and property by persons holding governmental positions of the Russian Federation and by persons holding governmental positions at government service and positions in local agencies of self-government":

[ LINK ]., May 15, 1997, # 484;

Federal Law on Public Civil Service, passed on July 27, 2004, Article 20, paragraph 1

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

[ LINK ]., May 15, 1997, # 484;

Federal Law on Public Civil Service, passed on July 27, 2004, Article 20, paragraph 1

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: Yes, according to the Federal Law on Public Civil Service. Gifts over five minimum monthly wages are considered federal property and have to be passed to the corresponding state body (with some exceptions especially specified by the law). If unreported, they are considered a bribe (under Article 575 of the Civil Code of Russian Federation).

References: Federal Law on Public Civil Service, passed on July 27, 2004, Article 17, paragraph 1, subparagraph 6

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: No such requirements exist. Asset disclosure forms filed by all public officials are submitted to corresponding human resources department or unit.

References: Federal Law on Public Civil Service, passed on July 27, 2004, Article 20

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: Yes, according to the Federal Law on Public Civil Service, a public official is prohibited for two years from being employed by a private enterprise s/he was overseeing as a public servant. However, no sanctions for violation of this regulation are specified.

References: Federal Law on Public Civil Service, passed on July 27, 2004, Article 17, paragraph 3, subparagraph 1

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: No information on any enforcement of this regulation was available. Most likely, as many other regulations it can be enforced for political, not legal reasons. Meanwhile, top-ranking public officials are working on their retirement plans while still on public service.

References: High-ranking official of Russian Audit Chamber.

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: No, such regulations are not effective at all, as members of the executive branch usually do not report on gifts and hospitality offered to them.

References: High-ranking official of Russian Audit Chamber.

Peer Review Comments: I absolutely agree that such regulations are not effective at all, as members of the executive branch usually do not report on gifts and hospitality offered to them.

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: Such audit can be used as a tool against disloyal public official or during anti-corruption campaigns but not as an instrument of enforcement of anti-corruption policy.

References: An interview with a high-ranking official of the Russian Audit Chamber.

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: According to the Federal Law on Public Civil Service, journalists can apply for information on income and assets of public officials appointed by the President and the Russian Government. Citizens can access information on assets only through the mass media. So citizens can access such information only indirectly.

References: Federal Law on Public Civil Service, passed on July 27, 2004, Article 20, paragraph 5

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: According to of the Federal Law on Public Civil Service, journalists can apply for information on income and assets of public officials appointed by the President and the Russian Government. Any information on President Putin's income and assets (besides his official salary), as well as detailed information on financial situation of Prime-Minister Fradkov is outside of public domain. Their official salaries (but not bonuses and non-monetary compensations) are open to public, but not how much they earn in fact and what they own.

t should be noted that information on the Putins' property and income for 1999-2002 was made available in 2003 when he ran for President.The latest financial declaration of the President Putin was disclosed in the late October 2007 after he announced his intention to run for the State Duma in December 2007. I

t's available here [ LINK ].

See about it also here: [ LINK ].

References: Federal Law on Public Civil Service, passed on July 27, 2004, Article 20, paragraph 5

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: No, this information is not available, although sometimes is disclosed through the media.

See, for example here: [ LINK ]; [ LINK ]; [ LINK ].

References: Federal Law on Public Civil Service, passed on July 27, 2004, Article 20, paragraph 5

Peer Review Comments: I have never heard of this.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: No, United Russia, the ruling party, calls itself the "Party of Power" thus connecting itself to the President (and to some extent, to the government). It was repeatedly accused of using the state administration resources during various local and regional election campaigns and enjoys obvious state support. Most of Russian governors, many top-ranking state officials are members of United Russia. United Russia enjoys unlimited support and assistance (including financial) from President Putin and his subordinates.

On June 28, 2006, Vladislav Surkov, Deputy Head of Administration of President of Russia, speaking at a briefing, announced that the fact the acting Russian authorities support only one political party, United Russia, is no deviation from democratic standards. He further said, "we support and will support United Russia." In August 2006, a group of Russian lawyers filed an application to the General Prosecutor's Office asking it to conduct an examination of Surkov's remarks according to Article 17, paragraph 13, subparagraph 1 of the Federal law on Public Civil Service of the Russian Federation that prohibits a public servant to use his/her office in behalf of any political organization, and publicly express his/her attitude towards such organization.

An assistant to the Prosecutor General sent a reply to this application. According to him the Administration of President of Russia is neither an executive, nor a legislative body, and therefore is not accountable to General Prosecutor's Office of Russia. This approach puts Administration of President above any state body and makes it an extension to the President himself, free of subordination and legal control and prosecution. Another example demonstrates how United Russia receives public funding under auspices of Ministry of Finance. In August 2006, leaders of United Russia, accompanied by Kulakov, Governor of Voronezh region, and a member of the party, met with senior management of Ministry of Finance.

In December 2006, Sergei Shoigu, a Co-Chairmanof Edinaya Rossiya, said at the 7th Congress of the party that 69 Russian governors are members of the party. By May 2007, 73 Russian regions were headed by members of Edinaya Rossiya. (See more about it here: "Five More Governors Have Joined Edinaya Rossiya", Lenta.ru news agency, May 22, 2007, available at [ LINK ]