The lawyer warned about fines and criminal liability for gifts to civil servants

Anti-corruption restrictions on the receipt of gifts by state and municipal employees remain one of the most stringent areas of regulation in Russian legislation. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on December 15 about the current rules, exceptions, and possible liability.

According to him, the key norm is fixed in the Civil Code of the Russian Federation: civil servants are prohibited from accepting gifts more expensive than 3 thousand rubles. This ban applies to employees of government authorities, municipalities, the Bank of Russia, extra-budgetary funds and state corporations. An exception is made only for souvenirs received at official events, business trips or as part of a protocol exchange. However, even inexpensive gifts must be documented: an employee must notify the authorized department within three working days of receiving an item worth up to 3,000 rubles. If the cost is higher or unknown, the gift is subject to transfer to the state, but the employee can redeem it within two months.

"There is a list of categories of donors from whom gifts are prohibited, regardless of the cost. These are subordinates, representatives of controlled organizations, participants in cases considered by the employee, as well as citizens whose appeals he considers," the expert said.

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He drew attention to the fact that even an inexpensive gift can be recognized as a bribe if there is a connection between its transfer and the actions of an official. For this reason, gift certificates, paid services, or donated property are particularly at risk — these are often seen as a hidden transfer of funds.

Disciplinary, administrative, and even criminal liability is provided for violations of restrictions, including dismissal "due to loss of trust," fines under the Administrative Code, and punishment under articles on bribery if the gift is actually a reward for certain actions. Responsibility is borne not only by the recipient, but also by the giver.

Vasilchuk added that the correct distinction between a gift and a bribe is based on two criteria: motive and the presence of counter obligations. If a gift is given out of gratitude and does not create expectations for certain actions, this is legitimate. If we are talking about an attempt to influence the decision, even an amount of less than 3 thousand rubles may become the subject of criminal prosecution.

The day before, Alexander Khaminsky, a lawyer and head of the Law Enforcement Center in Moscow and the Moscow Region, said that unauthorized felling of a Christmas tree is punishable by a fine of up to 500 thousand rubles for a legal entity. For individuals, the fine can reach 5,000 rubles. Its size depends on whether car mechanics, motor vehicles, self-propelled vehicles and other types of equipment were used when cutting down the tree.

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