Anti-Corruption Legal Education: Opportunity for Government Civil Servants to Own Securities (Part 2)
1. When the prohibition to directly or indirectly own and/or use foreign financial instruments? What to do if a citizen owns foreign financial instruments and claims to fill a position in the civil service, when replacing which it is prohibited to use such instruments?
This prohibition takes effect from the day of filling (occupation) of the position specified in paragraph 1 of part 1 of Article 2 of the Federal Law of May 7, 2013 № 79-ФЗ. At the same time, from the date of replacement of the specified position, it is provided three months to carry out the alienation of foreign financial instruments (according to Part 3 of Article 4 of the Federal Law of May 7, 2013 № 79-ФЗ).
2. What is the course of action in case of impossibility to carry out the alienation of foreign financial instruments?
If it is impossible to fulfill the relevant requirements in connection with with an arrest, prohibition of disposal imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state on the territory of which there are foreign financial instruments, or in connection with other circumstances beyond the control of the will of the persons in respect of which the ban in question is established, such requirements must be executed within three months from the date of termination of the specified arrest, prohibition of the order or termination of other circumstances (Part 2 of Article 3 of the Federal Law of May 7, 2013 № 79-ФЗ).
In accordance with Part 2 of Article 3 of the Federal Law of May 7, 2013 № 79-ФЗ, each case of non-compliance with the relevant requirements is subject to consideration in the prescribed manner at a meeting of the commission for compliance with the requirements for official conduct and settlement of conflicts of interest.