The state Duma rejected in the consideration of the first reading of a bill which proposed to introduce the confiscation of property of relatives and close corrupt, if “is proved the legitimacy of its receipt”. The author of this initiative in 2015, the Deputy of the faction “Fair Russia” Oleg Nilov.
The amendments, in particular, “violates the right of citizens, guaranteed by article 23 (inviolability of private life) and article 24 (collection, storage, use and dissemination of information about a person’s private life without his consent are not allowed) of the Constitution of the Russian Federation,” reads the conclusion of the head of the Duma Committee for security and combating corruption.
Members of the Committee referred to the decision of the constitutional court of the Russian Federation that the purpose of restriction of rights and freedoms “shall not be legally and socially justified, and the limits are adequate to those purposes and meets the requirements of justice.”
“When the admissibility of restrictions in Federal law a right, in accordance with the constitutional order endorsed by the government should not use excessive and only necessary and strictly caused by these objectives measures”, – stated in the conclusion on the bill.
The essence of the bill
Made by the bill was to establish a “mechanism of verification of legality of origin of the property from the relatives of the person (relatives in the direct ascending and descending line (parents and children, grandparents and grandchildren), full and half (having a common father or mother) brothers and sisters) who committed corruption crimes, persons who are related to them (property), and other persons, life, health and wellbeing which are dear to him due to the personal relationship when there is sufficient reason to believe the property obtained in the Commission of such an offence is the proceeds of its Commission”.
Thus, according to the author, in the case of “if the Commissioner is the Executive authority responsible for such verification find money, valuables, other property or other income, the legality of acquisition of which cannot be confirmed, the property should be confiscated” in favor of the state.
“For Russia, the problem of corruption and struggle against it is particularly relevant. A systemic crisis on a number of indicators, threw the country back, could not affect the extent of corruption. Numerous studies show that in varying degrees, corruption affected all control systems in the public sphere,” wrote Niles in the accompanying documents. He also referred to international experience.
In particular, according to him, Italy already since the 1980-ies, there are provisions that “allow the state to confiscate property belonging to the mafia and corrupt officials, laundering huge sums.” In Norway and the Institute of the so-called extended confiscation, when the property seized as a criminal, which did not prove the legality of its origin, and the property of his wife, the Deputy reported. Finally, in the United States “confiscation of the property provided by more than 60 crimes, in the case of property received during the Commission of a crime not proved the legal origin”, reads the explanatory note.