Russia Takes Steps to Enhance Anti-Corruption Measures
Russia’s Constitutional Court has taken a significant step towards reducing the risk of arbitrary criminal cases against legal advocates by stressing that they enjoy special protection from search and seizure. This move is part of the country’s ongoing efforts to refine its anti-corruption legislation.
Protection for Advocates
The European Court of Human Rights (ECHR) has also weighed in on the issue, ruling that practitioners who are not advocates should enjoy similar safeguards to protect privileged documents and information. However, Russian law remains unchanged, providing protection only for advocates.
Despite this, the community of advocates has been effective in defending its members’ rights, with cases of attorney-client privilege violations by law enforcement authorities becoming increasingly rare.
New Provisions on Self-Reporting
In 2018, Russia introduced provisions allowing companies to avoid liability for corporate corruption offenses if they voluntarily disclose information about the offense. However, enforcement practice around these new laws remains inconsistent, with courts and authorities applying the provision in varying ways.
Considerations for Companies
When deciding whether to self-report, companies should carefully consider the following factors:
- The commencement of a criminal investigation
- Known facts of self-reporting by employees or business partners
- Disruption to business caused by investigative measures
- Potential fines
Anti-Corruption Efforts Continue
While Russia still has some way to go in terms of combating corruption, its efforts are yielding results. The country’s anti-corruption legislation is becoming increasingly robust, with multinational corporations able to reference Russian law and guidance as a benchmark for ethical business practices.
Conclusion
In conclusion, while there is still much work to be done, Russia’s anti-corruption efforts are making progress. Companies operating in the country would do well to stay up-to-date on the latest developments and best practices to ensure compliance with local laws and regulations.