Incomplete information and the divergence between the legal version of the Russian language and the norm, as understood by the ordinary citizen, is the best way to excite the senses. It is an ordinary bill, announced by the Ministry of justice on regulation.gov.ru last week, in fact, did not expect more than slight changes in the Budget and Civil codes, dealing with (and then mostly in theory) part of the people who are in the civil service. But inaccurate “translation” in everyday Russian, it is immediately turned into seems to be nurtured by the government the idea to send some confiscated citizens ‘ savings in the Pension Fund of Russia. The Finance Ministry on Wednesday issued a detailed refutation of these rumors, which, however, was written on a mixture of legal and conventional versions of the Russian language and therefore could be treated as a citizen and as an awkward excuse, and as a partial confirmation, and something else. Denied that the justice Ministry and the Finance Ministry, which seems to be the idea is not relevant and does not really perceived as a beacon of social justice (and all that is written on this subject, one way or another is evaluated from this point of view). In General, all as usual.A short explanation here will do nothing but misunderstandings — it is better to explain long.So, in December 2008, the state (formally, the state Duma, but by the time she was quite turned into the authority, occupied mostly by design initiatives of the presidential branch and the government) passed the Federal law 273-FZ “On combating corruption”. Not that before that corruption in Russia is not engaged at all no, but the import in Russia of a standard (non-emergency — as is usually the case in developing countries) anticorruption institutions adopted in the countries of the Organization for economic cooperation and development (OECD), was carried out for the first time. In particular, as a regular practice in legislation was included commitment of some civil servants and equivalent staff government agencies to publish the Declaration of assets and income.Recall how to construct the system in its full implementation. Every family has a cash income, cash expenses and acquired in the course of these costs property. On the basis of such information to weed out the corrupt? In principle, it is possible draconian solution which is only partially implemented in the law 273-FZ. As indicated on the created transparency international website, “Declarator”, now in Russia about one million individuals, are obliged to disclose annually their income, expenses and property. To watch a million families so closely — even in the rich countries considered to be unproductive and expensive. Especially that long ago (not in Russia��) invented a simple circuit without total control. Enough to novopriobreteniem the assets of civil servants somehow correspond to their income.Therefore, as was adopted in 2012 the law “On control over compliance costs of persons holding public office, and other persons to their income” (230-FZ), property controlled by individuals and families, the origin of which they cannot satisfactorily explain, in the income of the state. “Nastuchat” on the owner of such property may not aby who, and law enforcement agencies, authorized by government officials, the Public chamber, mass media (for some reason only Russian) or governing bodies of political parties. Anonymous letters are not accepted, to the court about the actual forfeiture it is not clear how marital property appeal prosecutors.In fact, built and suffered the system (resistance of its individual elements, even quite a declarative form in which it exists after the amendment of 2017-2018, it was very serious) quite sophisticated, the view is reasonable and should perform many functions, but it has one fundamental flaw, making it overall meaningless at least for the purposes for which it was created. It can punish corrupt officials, but do not necessarily have to do it, and meaningful choice — to pay attention or not — is opaque, closely and people controlled by including potential corrupt, while nothing is to reprisals within government not encourage.But still the system is there. Declaration of surrender, checked some of the information is published, there is a (very short) list of officials who are unable to explain the origin of assets and the court lost them. But there was new and quite specific to Russia, the problem. The system of control over expenses of officials necessarily mean that they are stealing for the sake of a stolen consume. Therefore, in 273-FZ twelve years ago, declared the ban part controlled by the officials to open accounts in foreign banks: it is a way to withdraw from Russia stolen and to buy the desired property is not on the ruble, and in Saint-Tropez — it’s not really confiscate. In Russia, involves the law, surveillance of financial transactions clear: stole the money, bought 10 hectares on the prestigious direction, do not have the corresponding income — lost 10 ha. Everything is logical.But increasingly became detectable within the Russian jurisdiction is a very strange corruption. Their costs correspond roughly to the official returns. They have no (well almost none) of villas, yachts and aircraft. Instead, they have a lot of money, whose origin they cannot explain — and in fact nobody really needs to explain as long as they are not p��avrameni obvious corrupt (we understand that at a salary of 3 million rubles in a Bank account or in a personal safe, 200 million rubles will not grow) into something than can be enjoyed in the consumption process.In the original version of the 230-FZ did not include an item on the confiscation of unexplained amounts. Money has always been considered something of countable units, not having independent value— they steal for the sake of enjoyment of consumption stolen. As soon as they turn pieces of paper, painted in the printing intricate images into something that pleases the ordinary weak people, all count, got, can take. But nobody assumed that will steal just for the sake of knowing that you have money?In fact, just after the incidents, like “the wise”, the government of the Russian Federation in the end of 2019, and initiated amendments to 230-FZ: to pay the state income according to the same scheme that now, not only the assets of the families of controlled individuals, but also their savings, of unknown origin. If you do not really know how your account was formed 200 million RUB— they are not yours, and the state. It is a treasure, and found him not you, but the state it and send the money to the pension Fund. Well, if you do not understand the savings in cash not in the account and you say it’s not yours, and literally, apparently, the treasure.Everything seems to be logical? No, not at all logical.Suppose that on account of the person occupying a position in the civil service (or more modest creatures, for example, the Cossack ataman, do not laugh, in Russia they are subject to the same control as the staff of the presidential administration, if, of course, are the real leader, not bought pants with stripes and checkers on a Chinese website), it was found the same 200 million rubles of unknown sources of money. Assume that the money at the suit of the Prosecutor’s office drew the state income. The chieftain, suppose deprived Kostanov, Gascony and golaski. But is it possible that law enforcement may be interested where the money actually came from, who exactly they were listed, and for what? It is obvious that the system of confiscation is just an additional link that allows the jurisdictions in which it operates, to confiscate criminally acquired assets of households, not corrupt as such. This system is based on the principle: we don’t do family stuff, we just take stolen not only you personally, (what we can do and no 230-FZ is normal criminally acquired property), but also your children and wife, whose relationship with you we will not get fundamentally.It’s such a Patriarchal, in essence, history. But it does not cancel the fact that every illegally acquired income is the result of a specific violation of the law, which will then investigate — and investigate. As for the actual money of unknown origin, it is understandable why in many countries where implemented cost control officials, they do not pay too serious attention. They are, oddly enough, doesn’t matter: the Corruptor is usually a special type of entrepreneur, which includes stolen state money in its own business. He knows why someone with money — to grow, to develop, to seize market share, buy competitors, to cover the losses. Villas, yachts and planes are only providing lifestyle major owners, often adopted in this environment, conspicuous consumption, and not so valuable subjectively, but allows us to compete and fight for power. Because only the possession of this power will allow it to protect its own assets, the origin of which he will never able satisfactorily to explain. Largely transactions in this business so complicated that it can hardly even be defined as corruption.In fact, because of this in most jurisdictions corruption in one form or another exists, but normal (well almost normal) is controlled purely by police agents and controlling costs. There corrupt able to secure a consumption of something like a millionaire — but not a business like a millionaire. Those who want a business, not consumption, is in the business and sometimes gives a small (well not so big) bribe those who engage in business is not able or has no desire for it, being more interested in political power. These bribes there and catch monitoring system costs — because they are generated outside of government, not inside.And in Russia, where everything is out of date, and entrepreneurship in the power is in the range (and it is even the rule rather than the exception), in the ranks of entrepreneurs, the officials might find exotic for other countries being. It steals almost the same as all. But he has no business for which it is stealing, there is no assets that need the money. It is often not so important and prestigious consumption is not to be substituted for it. It is such a chemically pure corruption, which can even be called ideological corruption, and offers to fight the Ministry of justice.There is no dispute that they exist. Exist as an exception in the environment of those who are in the understanding of this environment is normal, that is protected by the government and has business in the government. The history of corruption in Russia already has in its portfolio a decade, and the fight against it in an obvious impasse. A simple “technical” means to work against her in this scenario just can’t. Blocked for a rational political reason: the destruction of corruption mechanisms clearly will lead to political instability as political stabilitythe cord hi operation in this case is an effective corruption mechanisms. This, by the way, you know, and those who sincerely hates “catchers”— the calls for change are, indeed, in its purest form appeals to change the political system. There’s even no matter violent or not, the result will be the same.And of course, nowhere to get away from the question of what is it we have such a political system in which effective fight against corruption objectively destabilizie state and forces of the state may be no — it can’t be anyone delegated. By the way, similar problems are often encountered in the medieval Central Asian States. But, alas, never figured out what to do with it.And the funny thing is in the event that if you are a true descendant of Gobseck, to avoid problems with the new bill — a piece of cake. Think about why you actually money? Received a bribe? It is not immediately convert to square meters, not hectares and units, and in the most exquisite, but fleeting pleasure. So often did the tsarist Russia, spends pilfer on sprees. With the one who spent all the stolen movie, wine, ladies and charity, the morning has nothing to take back to work. Had just about enough health.
