As it became known “Kommersant”, the government endorsed the Prosecutor’s office a bill aimed at strengthening the fight against corruption. In the framework of the unified information system of procurement (ENI) will appear in the register of legal entities brought to administrative responsibility for the payment of illegal remuneration on their behalf. Officials and municipal officials dealing with such companies, it is assumed to be subjected to penalties.The bill about modification in FZ “About contract system in the procurement of goods, works, services for state and municipal needs”, prepared by the Prosecutor General’s office, after several discussions, General agreement was reached with the government. In accordance with clause 7.1 of part 1 of article 31 already existing 44-FZ are not allowed to participate in the procurement of legal entity, which within two years preceding the date of application for participation in the procurement was prosecuted for committing an administrative offence under article 19.28 of the administrative code (illegal remuneration on behalf of the legal entity).In developing the bill, the staff of the Supervisory authority found that, despite the fines and bans imposed on the company in whose interests bribes were given, they remain participants of transactions with budget funds, concluding sometimes millions, and even billions of dollars in contracts.For example, according to the FAS, ZAO “Firma Evroservis, OOO” in 2018-2019 concluded 1165 state contracts for the supply of medicines and medical equipment received during the year revenue of 5.5 billion rubles, and this despite the fact that the company has twice been prosecuted under article 19.28 of the administrative code. In turn, JSC “Novosibirsk plant of semiconductor devices of OKB” in 2017, took part in the open competition of the Ministry of industry and trade of 2.3 billion rubles., the results of which concluded the state contract on 87 mln. After the intervention of the Prosecutor General contract in 2018, were terminated as the company previously pleaded guilty to an administrative offense.The problem, as it turned out, is the lack of a single registry of companies, involved in corruption, in which party gostorg could check his partner, but also to make this a mandatory procedure.Note that a similar anti-corruption in the registry resource is already available on the official website of the Prosecutor General. Last year, it was made of 313 companies with indication of the courts that issued decisions according to article 19.28 of the administrative code. This year the public Prosecutor’s registry added 31 legal entities involved in corruption. Thus, according to the Supervisory authority, last year at the initiative of prosecutors under article 19.28 attracted 1.2 thousand companies, of which the courts fined a total amount of more than 2 billion rubles as the example of such anti-corruption work in the Genethe Prosecutor’s office bring the case to the airline “fly eye”. Its CEO, who has established a consequence, and then the court gave bribes to the head of one of departments of the Federal air transport Agency, totaling more than 2 million rubles for the organization of issuing permits. Sanction for this was much more serious amounts of bribes. For “fly eye” the penalty exceeded 20 million rubles, and its leader, received a suspended sentence for bribery to the official in especially large size, was forced to pay the state of 6.48 million RUB As explained a source “” in supervising Department, in accordance with the draft law on amendments to 44-FZ, EIS (zakupki.gov.ru) will be included in the register of companies subjected to administrative punishment under article 19.28 of the administrative code. Follow the registry prescribed in the Federal Treasury, which will make the information obtained from the Supervisory authority. This court decision against the company should enter into force. In addition, another bill for violators by state and municipal agencies have entered into contracts with the guilty companies, intended to introduce a system of penalties. And the punishment you want the percentage to bind to the sums of the contracts concluded with companies from the black list. The latest bill, according to “Kommersant”, now under coordination in the Ministry of justice. But first, who in his recent speech before members of the Federation Council is actually presented to the public Prosecutor Igor Krasnov, who said that in addition to “repressive component of the” fight against corruption is more important is “the adoption of preventive measures”, already prepared for introduction in the state Duma.Blacklist, say the lawyers, it will be possible to leave on the basis of the judgment, the expiration of the Statute of limitations or simply by changing the details of the founders and peregistrirovat company (the limitation period under article 19.28 of the administrative code shall be six years from the date of committing an administrative offense). In addition, for bribery, as a rule, used so-called company-pads, and prove their relationship with the beneficiaries is difficult.”I have serious doubts that the proposed innovation will work. It is possible to slightly change the name of the letter, sign, and quotation marks. There are other corporate tricks. Finally, just to motivate the operator and holder of the list”,— says a member of Council of Lawyer chamber of Moscow Robert Zinovev.Nikolai Sergeyev
