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Yuri Gulyagin: Principles, from which we do not intend to retreat
Deputy Prosecutor General of the Russian Federation Yuri Gulyagin talked about how they are fighting crime in the Far East and why the increase in the number of recorded crimes sometimes only indicates the quality of the work of prosecutors
- Yuri Alexandrovich, 2015 year for the whole country was not easy. How much is the economic crisis affecting the situation in the Far Eastern Federal District? Does the statistics increase the number of crimes?
- Everything is relative, statistics too. According to her data, in 2014, in the district, there was a reduction in overall crime, and this trend continued in the first half of the year of the past year. And yet, at the end of the year, we consider the number of registered criminal offenses in the FEFD to be −134 418. At the same time, it is necessary to take into account: on average, the increase in crime by 9 per cent in Russia, that is, almost three times more than in the Far East. What does this indicate? Let's figure it out.
In our opinion, the increase in crime (in absolute numbers - on 4 328 acts) is due to several reasons. It sounds paradoxical, but among them is the more laborious daily work of law enforcement agencies. If we explain in simple words, it’s not only that “crime has grown”, but that we have been able to identify and cross illegal acts in the economic sphere, attempts at corruption, etc. more often.
A quarter of all identified economic crimes are in Primorye, followed by the Khabarovsk Territory and the Sakhalin Region. The reasons are known and traditional: imperfection of the branch legislation, insufficient financing of the proclaimed programs, including on the prevention of crimes, irresponsibility, and sometimes corruptness of employees of controlling bodies.
In recent years, the most common criminal offenses are crimes against property - more than half of all registered crime. For 2015 year in the district was committed about 55,5 thousand thefts, about 8,8 thousand frauds, etc.
Again, the paradox: progress is a good thing, but sometimes people become victims of high technology. The growth of the so-called “telephone fraud” has been recorded, when criminals abuse the trust of citizens and steal funds via the Internet from bank cards using payment services and remote banking services. Why are criminals so bold? One of the reasons is that the main principle is violated - the inevitability of punishment for what has been done. Despite all the efforts of law enforcement agencies, every third of these crimes has not been disclosed. Tens of thousands of "electronic" criminals could escape responsibility.
As for the crisis in the economy - certainly, negative economic processes lead to an increase in crime. And vice versa. In 2014, we analyzed the main trends in this area in the district for 7-year-old period. It became clear: the main prerequisites for reducing the growth of crime (in particular, reducing the number of thefts) was a reduction in unemployment and an increase in the well-being of people.
We are worried about the growth of repeated crime. Therefore, the main task of prosecutors is to effectively coordinate the work of law enforcement agencies with an emphasis on the prevention of crime and its operational resistance.
But, although the criminogenic situation in the district remains difficult, the number of especially grave and serious crimes has slightly decreased over the past year. Their share in the overall structure of crime has become less and compared with the past years. In the Far Eastern Federal District, the number of murders (from 958 to 889), deliberate infliction of grievous bodily harm (from 2 569 to 2 331) has decreased. Unfortunately, more often we fix crimes related to rape and attempt on them. Yes, the growth seems to be not too big (less than 1%). But we are concerned about the very fact that the number of such crimes does not decrease from year to year.
- Does the Far East criminal have any "special signs" and "regional specifics"?
- Our region is inseparable from Russia, which means that the trends are the same, but the Far East is one of the richest regions of the country. The catch of our fishermen is 70 percent of the total. In the forests of the region, a quarter of the country's timber reserves are concentrated. The district is one of the first places in Russia for deposits of minerals and their extraction. In our bowels - over 80 percent of diamonds, about 40 - gold, a lot of oil, polymetals. This is our "regional characteristics".
Over the past three years, over 200 thousand crimes in the economic sphere have been identified, almost eight hundred criminal cases have been initiated based on the materials of the prosecutor's checks. In the fishing and forest industries annually, about three of six thousand offenses are identified, respectively. It is clear that the protection of natural resources and their rational use are impossible without the joint work of law enforcement, supervisory and supervisory bodies. 18 September 2015 problems of legality in the extraction and circulation of aquatic biological resources were considered at an interagency operational meeting of law enforcement and regulatory bodies. The conversation went rigid. I had to admit that now it is clearly not enough to identify and stop all violations. The absolute majority among them is the acts provided for by Article 256 of the Criminal Code of the Russian Federation (illegal harvesting (catch) of aquatic biological resources), according to which individuals are prosecuted. That is, we still catch some criminals, and cases when large "fish" (that is, organized criminal groups) get into our "networks" are isolated.
Here is a clear illustration of my words. One of the most serious problems of the fishing industry in the Far East is poaching seafood in the exclusive economic zone of the Russian Federation. The harm that these crimes cause to the state is enormous. However, in 2014, the total number of 5 crimes covered by art. 253 of the Criminal Code of the Russian Federation, in the 1 half-year of 2015, one. The same applies to the illegal export of bio-resources: in 2014, the 5 acts identified under Art. 226.1 of the Criminal Code of the Russian Federation, in the current year - only 1. In the current year, outside the field of view of the law enforcement agencies of the district, there remain facts of the acquisition and sale of aquatic biological resources, which are obtained by knowingly criminal means. In 2014, their registration decreased by 38% and amounted to 13 crime episodes. In the 1 half-year 2015, no crimes of this category were identified. But this does not mean that no one committed them.
Insufficient attention is paid to counteracting organized crime in the sphere of illegal extraction and circulation of aquatic biological resources, as well as products of their processing. So, in 2014 in the production of law enforcement agencies were criminal cases of 10 crimes (in 2013 - about 20) committed by organized groups or criminal communities, this year such cases were not investigated (for 6 months 2014 - one) .
There are questions to the preliminary investigation. Far from always competent authorities were able to give a course to a legitimate investigation of the received communications, even if they contained sufficiently convincing data on the signs of crimes. And more than 80% of already initiated criminal cases are suspended, as the perpetrators are "not established". It speaks first of all of the ineffectiveness of the actions of law enforcement bodies.
The problem of compensation for damage caused by criminals to the aquatic bioresources of the Far East is still acute. In 2014, its size was about 540 million rubles. In the 1 half-year of 2015, 489 million rubles. The greatest damage was recorded in the Kamchatka Territory, Sakhalin Region, Primorsky and Khabarovsk Territories. However, to recover in 2014-15 year managed no more than 9% (this is the average for the district).
- And what or who prevents the triumph of the law in these cases?
- There are many reasons that do not make it possible to fully compensate for the damage caused to aquatic biological resources. During the investigation and inquiries, law enforcement agencies are late with interim measures, and individuals who are responsible for the crimes do not have a permanent salary, money or property (what do you expect from them in this case and how will you repay the amount of damage?). There are serious shortcomings in the work of the territorial bodies of the Federal Property Management Agency, which are obliged to control the storage and sale of seized, seized and confiscated biological resources, as well as poaching vessels and other fishing tools that are turned into federal property. The current practice does not allow efficient use of budget funds: the costs of long-term storage of such vessels exceed both their market value and the amount of damage caused by poachers. This was also mentioned at the above-mentioned meeting. We have developed a program of coordination measures and monitor their implementation.
- The favorite occupation of officials in Russia is known since the days of the classic of Russian literature: "they steal ..." How to deal with this tradition and what are the "features of national corruption" in the Far East?
- Corruption is terrible precisely because it not only violates the rights and legitimate interests of citizens, undermines in their eyes the authority of public authority as such, but also impedes the normal course of economic processes. People lose confidence in the fact that the law is able to protect them, they assimilate "legal nihilism". This prevents the solution of the most important economic and political tasks.
There is nothing new that the corrupt officials we identify in the Far Eastern District have not come up with. They are still enriched due to their high position. Abuse of office, bribes, commercial bribery takes place in a variety of spheres - in state authorities and local government, in healthcare and education, in business structures. Therefore, for the prosecution authorities, combating corruption remains a priority in the work. And we are really more often able now to "grab by the hand" extortionists and unscrupulous dealers.
I will give just a few figures. In 2015, the number of reported corruption-related crimes increased from 1188 to 1242. Law enforcement authorities of the Far Eastern Federal District have stepped up their efforts to identify and suppress the facts of bribery. Increased effectiveness of counteraction to crimes related to abuse of official authority. The effectiveness of the prosecutor's supervision over the investigation of corruption cases has increased. In order to eliminate violations of federal legislation, 16 percent more requests and protests are directed. 96% of the response reports the heads of the investigation bodies satisfied. At 11%, the number of materials sent by prosecutors to investigative bodies to resolve the issue of criminal prosecution increased. Based on the results of procedural inspections on 152 materials, criminal cases involving corruption have been opened. The court sent 696 criminal cases. With the conviction, 650 criminal cases, including with the use of property confiscation - 100, were examined. Based on the results of the judicial investigation, 57 law enforcement officers were convicted, as well as 43 officials of state authorities and local self-government.
If we compare 2015 data with the previous one, then the increase in the number of detected offenses amounted to 11 percent. The reason again is that the prosecutor's office has become more active.
- And what about the prevention of crime and is it possible in general in "bureaucratic" cases?
- Of course. As before, prosecutors pay special attention to the observance of the prohibitions and restrictions established by federal legislation when entering the civil service and in the process of passing it.
In addition, many dishonest officials learn well from the experience of others. And he is quite eloquent. Last year, we had to react more than once to the facts of violations of the law in connection with a conflict of interests in state and municipal service, inadequate fulfillment of anti-corruption duties by employees when they own securities, shares, and shares in the authorized capital of organizations. In the government and local government, we have identified cases of non-compliance with the law during admission to the service. In Primorsky Krai, the Republic of Sakha (Yakutia), Sakhalin and Magadan oblasts, as a result of the intervention of prosecutors, service contracts with individual state and municipal employees were terminated due to loss of confidence.
For the damage caused to the state, the corrupt officials had to answer. Thus, 17 legal entities were brought to administrative responsibility under Article 19.28 of the Administrative Code of the Russian Federation (illegal remuneration on behalf of a legal entity) and fined a total amount over 11,8 million rubles. Employees of these organizations "bribed auditors" - gave them money for drawing up positive acts of inspections. With the help of prosecutorial influence, it was possible to turn property into the state’s revenue, which was acquired by illegal and unconfirmed documented funds.
Violations of the law were also revealed during the expenditure of municipal and regional budgets. For example, in the Kamchatka Krai, based on the results of the prosecutor's check, a criminal case was instituted under Article 286 of the Criminal Code of the Russian Federation against the former head of OFAS at the edge, which illegally transferred the budget funds of the affiliated commercial organization, knowing that the contractor did not fulfill the terms of the state contract. Despite the fact that the criminal case was terminated by an amnesty, according to the suit of the prosecutor, more than 7 million rubles were recovered from the guilty person as compensation for damage to the state. In the Republic of Sakha (Yakutia), also on the initiative of the prosecutor, a criminal case was initiated against the head of the municipal formation of Ust-Kuyuga. He demanded 3-millionth a bribe for his signature under the acts of the actual delivery of utilities, as well as fictitious documents, by prior agreement with the accomplices, stole more than 650 thousands of budget funds for repairs made entirely on paper. The Ust-Yansky District Court found him guilty on all counts of the prosecution and sent him to 9 for years in a strict-regime correctional colony with a fine of seventy-fold amount of bribe - 210 million rubles.
- The task of the prosecutor's office is not only to blame, but also to protect, especially ordinary citizens. With what complaints did they most often apply to you last year, what did they manage to do on their statements?
- Yes, the prosecutor’s office is called upon not only to “consider appeals”, but also to ensure that other authorities react to citizens' requests in strict accordance with the Constitution and other laws of the country. None of the reports from citizens about violation of their rights is left without a proper response. Last year, the prosecution authorities in the Far Eastern District revealed over 218 thousands of violations in the sphere of respect for human rights and freedoms. To eliminate them, more than 30 thousands of submissions were made, more than 15 thousands of illegal legal acts were protested, almost 56 thousands of lawsuits were filed, 3744 people received warnings about the inadmissibility of violations of the law. At the initiative of prosecutors, 20437 guilty officials were brought to disciplinary responsibility, and 11920 persons were brought to administrative responsibility, 25 of whom were disqualified. 600 filed criminal cases.
At the same time, the number of citizens' appeals to the prosecutor’s office each year remains significant. In 2015 alone, more than 222 thousands of complaints were received by the prosecutor’s office of the Far Eastern Federal District. At the personal reception of the prosecutors have been nearly 55700 citizens. Most of the complaints were related to the violation of labor and housing laws, as well as the housing sector. To restore the violated rights of citizens, prosecutors appealed more than 770 illegal legal acts, submitted more 11300 submissions, more than 22 thousands of lawsuits were brought to court, more than 209 officials were warned about the inadmissibility of violations, more than 3200 administrative offense cases were initiated.
For example, Zheldorekspeditsiya-27 LLC in the Khabarovsk Territory, despite all the measures taken by us, continued to violate the rights of workers to pay. Debts exceeded 3 million rubles. Considering the repeated appeals of the employees of this enterprise to the prosecution authorities, according to my resolutions, this legal entity and its head were brought to administrative responsibility under Part XXUMX Article XXUMX of the Administrative Code of the Russian Federation for violation of labor laws and other regulatory legal acts containing norms of labor law. Only after this, the debt was fully repaid.
In our work, we widely use various forms of interaction with the population - including “hot lines” or mobile receptions of the population in the okrugs of the Okrug. This allows citizens to receive free legal assistance, and for us - to assess the situation with law and order. Thus, employees of the department in 2015 were able to conduct a personal reception for more than 460 applicants. I myself took 280 citizens. Their questions worried the most different. For example, residents of Vladivostok, participants of the shared construction of an apartment building No. 10 on ul. Leaning with a complaint about the groundless refusal of the city administration to give the developer permission to commission the specified object. As a result of the check, it was established that the refusal was due to the fact that the developer did not provide separate documents, which, according to the Town Planning Code of the Russian Federation, are not binding. Upon the submission of the prosecutor's office, permission to enter the facility into operation was issued, and the guilty official of the administration was brought to disciplinary responsibility. So, if we talk about the “demand” of the prosecutor’s office, here is the living evidence.
- You touched on the topic of salary debts. Judging by statistics, in the Far East they are growing. How serious do you think the situation is, whether the prosecutor's supervision tracks issues of payment of arrears and the fate of the workers being cut?
- Prosecutors have special levers of influence on negligent managers - from judicial protection of employees to the criminal responsibility of those responsible for wage delays. Here are a few totals. In 2015, prosecutors revealed over 65 thousands of violations related to late payroll. It was not only about the debts themselves, but also about illegal legal acts and illegal actions of employers. For the restoration of workers' rights, prosecutors brought almost no 1300 protest to illegal legal acts, introduced more 3400 submissions, initiated criminal cases 34. At the initiative of prosecutors, 1875 persons were brought to disciplinary responsibility, and 1955 was brought to administrative responsibility. In this case, I note that in the past year for repeated violations of the law attracted 4 times more officials than in the 2014 year. Announced 407 warnings about the inadmissibility of violations of the law. At the initiative of prosecutors, the courts disqualified 22 managers of debtor enterprises: 6 in the Jewish Autonomous Region, 5 in the Sakhalin Region, 3 in the Primorye Territory, 2 in the Republic of Sakha (Yakutia), Amur, Magadan Regions, 1 in the Republic of Sakha (Yakutia), Amur, Magadan Regions, and 3,4 in the Kamchatka and Khabarovsk territories. As a result, wage arrears of more than XNUMX billion rubles were repaid in the FEFD. In addition, measures were taken to strengthen employment supervision and protect citizens from unemployment.
In total in 2015 year in sphere of employment it is revealed more than 1,5 thousand infringements of the law. To eliminate them, 42 legal acts were protested. 780 made representations to the disciplinary charges were brought against 464 person to administrative - 164, cautioned about the inadmissibility of violation of the law 53 proper person, on the initiative of public prosecutors filed criminal cases 8.
For example, in Primorsky Krai, when checking information published in the media, facts of unjustified termination of employment contracts in CJSC Pacific Bridge Building Company on the initiative of the employer in connection with the reduction of staff were revealed. At the suggestion of the first deputy prosecutor of the region, illegal orders were canceled.
Prosecutors regularly analyze the work of employment services - including ensuring that employers provide employees with all the guarantees and compensations provided for by law, pay wages on time and in full, and the authorities promptly adopt regulatory legal acts regulating employment issues and spend budget funds strictly By appointment.
The closest attention is paid to organizations, where employees are being released because of the liquidation or reduction of staff. Practice shows that at the same time, violations of the rights of employees are widespread - the dismissal procedures are not observed, information on dismissed workers and on open vacancies comes to the employment agencies untimely or not at all. In the Republic of Sakha (Yakutia) and Khabarovsk Krai, prosecutors have uncovered the facts of misuse of budget funds allocated for programs to promote employment of citizens.
- There is another side to the issue of control and accounting. How often do we have to protect small and medium-sized businesses from unjustified checks by numerous state agencies?
- Often enough. We annually assess the draft plans of the monitoring bodies of the regional and interregional significance and draw conclusions about whether certain scheduled inspections are lawful. Only in 2015, the Office reviewed about 4,3 thousand. Verification activities provided by the state control (supervision) to be included in the master plan of scheduled inspections of legal entities and individual entrepreneurs on 2016 year. As a result, we found violations of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control", and therefore rejected 1387 inspections. In 2015, they are already almost 2 times smaller (753).
We found out that supervisory authorities include in their plans verification of legal entities or individual entrepreneurs who have ceased their activities as early as 2005-14, Try to come to entrepreneurs before the expiration of three years from the date of the end of the last scheduled inspection. In this regard, I submitted submissions to the heads of eight monitoring bodies that committed violations of the law. 36 guilty officials are held accountable.
The Office also conducts other work to oversee the implementation of legislation in the field of protecting the rights of entrepreneurs. We regularly check the execution by district (interregional) bodies of state control (supervision) of legislation on the protection of the rights of legal entities and individual entrepreneurs when exercising state control (supervision) during scheduled inspections. As a result of the measures taken by the management in 2015. Revealed 240 violations of legislation in this area. To eliminate them, 3 protest was brought against illegal orders of the heads of control bodies (orders were canceled), 30 submissions were made, as a result of their consideration, 74 officials were brought to disciplinary responsibility.
Supervisory practice in the field of protecting the rights of entrepreneurs shows that there are still many problems in this area. Therefore, in pursuance of the decision of the All-Russian Conference of Prosecutors of the Subjects of the Russian Federation, an interdepartmental working group for the protection of the rights of entrepreneurs was established and operates in the Office of the Prosecutor General's Office of the Russian Federation in the Far Eastern Federal District. At its meetings, business representatives talk about problems that hinder their activities. The subject of the conversation are topical issues of eliminating redundant and duplicating functions of control and supervisory bodies. Prosecutors intend to exert maximum efforts for this.
- Will prosecutors' offices take into account in their work such an innovation as the introduction of the TOR regime in the Far Eastern Territories?
- Naturally, they will. And the volume of this work is very significant. In 2015, nine territories of outstripping socio-economic development (in the Republic of Sakha (Yakutia), Khabarovsk, Primorsky and Kamchatka Territories, the Amur Region, the Chukotka Autonomous Okrug) were created in the Far Eastern Federal District. 25 December 2015 at a meeting of the subcommittee on the implementation of investment projects in the Far East, under the chairmanship of the Deputy Prime Minister of the Russian Federation - Plenipotentiary Representative of the President of the Russian Federation in the district of Yuri Petrovich Trutnev, two new territories of advanced development - "South" and "Mountain Air" in Sakhalin . In the long term TOSER will be created in all regions included in the Far Eastern Federal District. The management company "Corporation for Development of the Far East" has signed an agreement with residents of 21 with residents operating in such territories.
The Office of the Prosecutor General’s Office of the Russian Federation in the Okrug is charged with the authority to organize and monitor the work of the Prosecutor’s Offices of the subjects of the Russian Federation in the District to supervise the implementation of laws in the territories of advanced socio-economic development in the Russian Federation. By my order, an interdepartmental working group was formed in the district. One of its tasks is the organization of interdepartmental interaction of government bodies, law enforcement and regulatory bodies in order to ensure law and order in the creation and activity of territories of advanced socio-economic development.
The group includes employees of the prosecution authorities, the Chairman of the Government of the Republic of Sakha (Yakutia), as well as deputy governors of other subjects of the Federation who are in charge of TOSED activity, heads of regulatory and law enforcement agencies. The issue of creating another interdepartmental working group - the Prosecutor General's Office of the Russian Federation and the Ministry of Eastern and Eastern Development of Russia - is being considered. We have already managed to discuss topical issues and hold working meetings with representatives of the ministry and the Corporation for the Development of the Far East.
The task of prosecutors, to which they have already begun, is to ensure the legality of the regulatory regulation of all matters related to TSEs, as well as agreements concluded. Significant budgetary funds have been allocated for the creation of TOSER infrastructure facilities. Naturally, the prosecutor's office will monitor their targeted use and ensure that residents strictly comply with the terms of the agreements. This, by the way, was discussed in April last year at a joint meeting of the collegiums of the General Prosecutor's Office of the Russian Federation and the Ministry of the Russian Federation for the development of the Far East. In the 2016 year we plan to pay special attention to such issues as proper regulatory regulation when establishing tax preferences and simplified administrative regimes for their residents, targeted spending of budget funds aimed at financing the construction of infrastructure facilities of TOSER.
- What else, in your opinion, should the Far Eastern prosecutor's office now pay particularly close attention to?
- The Russian Prosecutor's Office is one of the most important institutions of the state. Therefore, it must timely and promptly respond to everything that happens in the country. The past year has clearly shown that it is possible. It was the prosecutor's office that proved to be most in demand and played a decisive role for the law to triumph in the social and economic sphere.
In the management activities that I supervise, there are basic tasks. First and foremost, it is the protection of the foundations of the constitutional system, ensuring the legality of normative legal acts, the rights and freedoms of citizens, individual entrepreneurs, increasing the effectiveness of combating crime, organizing and monitoring the activities of prosecutors of the constituent entities of the Russian Federation in the district within the limits of the powers granted.
To achieve these goals, the interaction of law enforcement and regulatory agencies is required. We were able to make it more effective by optimizing our work, more active work on the most complex areas. I understand that 2016 year will be difficult for us. There are areas for which we will have to pay special attention. For example, the amount of arrears on payment of compulsory social insurance contributions increases. It is clear that the issues of protection of social rights of citizens go to the forefront.
Another painful point is housing. By the end of 2015, the number of apartment buildings that had not been commissioned in time has increased by 2,5 times. One can speak directly about the lack of control by the relevant authorities in the district over the activities of the developer organizations, which often use inappropriately the funds of citizens participating in shared construction. This dictates the need for additional measures to ensure legality in the housing and communal sector.
In economic matters, the main thing for us remains, as I have already said, ensuring the rule of law in the creation and functioning of territories of advanced socio-economic development. We will also continue the fight against crime in the main sectors of the economy (for the Far East, this is primarily the extraction and circulation of bioresources, woodworking, etc.)
And, of course, we are part of the overall system of supervisory activities in the field of countering extremism and terrorism. Prosecutors of all subjects of the Russian Federation are doing their best to prevent the expansion of radical ideology (including through the Internet), to prevent ethnic strife.
In addition, in September elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the VII convocation will take place. In the majority of the constituent entities of the Okrug, electoral campaigns of local self-government bodies will run simultaneously. In such a period, the issues of observing the legislation on elections are as relevant as ever, and there will certainly be plenty of work for prosecutors.
I am confident that we will be able to fulfill our main task - to strengthen law and order. This is facilitated by the active position of the prosecution authorities and the systemic supervision of the implementation of the law - principles that we are not going to depart from.