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2007 Assessment

Russia: Integrity Indicators Scorecard

Russia: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	50
30	Are there regulations governing conflicts of interest by members of the national legislature?	18
31	Can citizens access the asset disclosure records of members of the national legislature?	8
32	Can citizens access legislative processes and documents?	83

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: Yes, the Constitutional Court can review the actions of the legislature.

References: Constitution, Ch. 7

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: Yes, in practice, when necessary, the judiciary sometimes reviews the actions of the legislature. However, such actions are usually initiated either by obvious lack of consideration in passing a specific legal act, or by non-conformity of a specific legal act with Constitution (with regard to Duma activities), or federal laws (on a regional level). A judiciary review might be also initiated by a request, from an individual or an organization. The general rule is that the judiciary usually does not interfere.

References: See information on a decision of the Constitutional Court on Federal Law on Political parties: [ LINK ]

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: They can be prosecuted only after the majority of the State Duma agrees to lift the immunity due to the valid facts provided by the law enforcement. However, there were just a few cases when State Duma deputies voted to lift the immunity of a fellow member, and no cases since the current Duma was elected.

See, for example, [ LINK ].

References: Constitution, Ch. 7

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: According to the Federal Law on Status of a Member of the Council of Federation and Deputy of the State Duma of Federal Council of Russian Federation, they have to file an asset disclosure on annual basis.

References: Russian Federation Law on Election of Deputies of the State Duma

The Federal Legislature of the Russian Federation, passed in 2003, Article 10, [ LINK ]

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There are no such specific restrictions besides disclosure of confidential information/official secrets. However, some other aspects of legislators' professional lives are covered by "On Civil Public Service" Law that prohibits public officials entering the private sector for two years in case a public official was supervising a specific company by which he/she is later hired.

References: Russian Federation Law on Election of Deputies of the State Duma, the Federal Legislature of the Russian Federation, 2003.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: There are no such regulations. These regulations are based on the Law on Civil Public Service (2004) that states that any gifts received by a public official in his/her official capacity are federal property and should be passed to the state body for which this official is working. However, Article 575 of the Civil Code of Russia allows a public official to accept gifts worth under five minimum wages each. A special ethics committee of the State Duma is in charge of reviewing any acts that fall under this category, but no related cases were examined within the period under review.

References: Russian Federation Law on Election of Deputies of the State Duma, the Federal Legislature of the Russian Federation, 2003; Law on Civil Public Service, 2004.

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: No such requirements exist.

References: Russian Federation Law on Election of Deputies of the State Duma, the Federal Legislature of the Russian Federation, 2003.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: There are no such restrictions.

References: Russian Federation Law on Election of Deputies of the State Duma, the Federal Legislature of the Russian Federation, 2003.

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: There are no such regulations.

References: Russian Federation Law on Election of Deputies of the State Duma, the Federal Legislature of the Russian Federation, 2003.

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: They are audited only once every four years by the Central Election Commission. Between elections, no asset disclosures are required.

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

Peer Review Comments: The social scientist says, "They are audited only once every four years by the Central Election Commission. Between elections, no asset disclosures are required."

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: Once every four years, during parliamentary election, they are made public by Central Election Commission, otherwise they are not accessible.

References: Russian Federation Law on Election of Deputies of the State Duma, the Federal Legislature of the Russian Federation, 2003.

Peer Review Comments: The social scientist says, "They are audited only once every four years by the Central Election Commission. Between elections, no asset disclosures are required." I would just add that they are being brought to the public through mass media, as was recently done.

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: This is possible, only if candidates are willing to disclose their assets. Very few (if any) do. However, if a person runs for a State Duma seat, s/he is required to disclose his/her assets.

For more information, see: [ LINK ].

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

See [ LINK ] and [ LINK ].

Peer Review Comments: This is possible, and sometimes it is done.

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: If they are available (which is almost never), they are free.

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

Peer Review Comments: The social scientist says, "If they are available (which is almost never), they are free."

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: Besides those that were officially released, almost no records are available to general public.

References: The State Duma's official Web site ([ LINK ]) provides information on various aspects of the national legislature's activities, draft laws, minutes of sessions ([ LINK ]), etc.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: If such records are free to public, they are available on State Duma official Web site ([ LINK ]) for free.

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

Peer Review Comments: Most of the documents are made public through special magazines and Web sites.

Peer Review Comments: Records and documents (including transcripts of all sessions) are available online within two days, with the exception of closed sessions discussing issues related to national security.

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: If they are not available to the public for free, they are not available at all.

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

Peer Review Comments: The documents are officially distributed through commercial databases.

Peer Review Comments: Most records of legislative processes and documents are available online free of charge.