Anti-corruption legal education: “On the notification by certain categories of persons of a gift in connection with protocol events, business trips and other official events, participation in which is associated with the performance of their official (official) duties”
The Civil Code of the Russian Federation does not allow giving gifts to public servants in connection with the performance of their official duties (with the exception of gifts, the value of which does not exceed three thousand rubles). Exception: giving gifts in connection with protocol events, business trips and other official events.
A protocol event should be understood as an event during which an order (ceremonial) and (or) record keeping is established as a result of departmental, national, cultural characteristics - a document fixing the course of the event;
An official event should be understood as an event the holding of which is authorized by an appropriate order (for example, a business trip, including meetings and other events during a business trip, holding meetings, conferences, etc.).
Notification of receipt of a gift in connection with protocol events, etc., delivery and evaluation of a gift, sale (redemption) and crediting of the proceeds from its sale, approved by Resolution of Government of Russian Federation No. 10 of January 9, 2014 and the procedures provided for therein, do not apply on the:
1) stationery, which in the framework of events provided to each participant;
2) flowers, incl. in pots, flower baskets, artificial flowers, etc .;
3) gifts, including valuable, given as incentives (awards) on behalf of the state (municipal) authority, the organization in which the official serves, another government agency, organization, which is confirmed by an appropriate order.
In this regard, it is not required to notify of receipt and hand over the above gifts, they are the property of the donee.
If during the ceremony, gifts are given to the whole team on behalf of the representative of the employer, these gifts are not subject to delivery, since such a gift is a form of encouragement (award).
The monetary remuneration awarded with a reward (award) is an integral part of it if this remuneration is provided for by a normative order regulating the procedure for presenting rewards (rewards).
It must be borne in mind that receiving such incentives (awards) does not exclude the possibility of a conflict of interest.
Before presenting an appropriate incentive (award) to an official, it is recommended that the possibility of such an incentive (award) be previously agreed with the representative of the employer (manager) of the official.