285 article of Criminal Code: what sentences Russian corrupt officials get

Article 285 of the RF Criminal Code punishes "abuse of official credentials." This punishment is often applied to officials and other civil servants who use their position for personal purposes. The minimum penalty is a fine and a ban on holding certain positions, the maximum sentence can be up to 10 years imprisonment.
30.09.2017
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Often this article of the criminal code goes together with other offenses. For example, Ministry of Internal Affairs Colonel Dmitry Zakharchenko was incriminated under it, as well as the former head of the FSIN, Alexander Reimer (this charge was later withdrawn). The same article was raised against the head of the Stavropol Ministry of Housing and Building Igor Vasiliev and many other officials.

For example, on September 13, a case was initiated also under this article against the former head of Cheboksary Irina Klementyeva, who investigators believe that in August 2014 spent more than 100 thousand rubles on a trip to Aktau (Kazakhstan) to the international conference of cities for the World Heritage of Eurasia. The money belonged to OJSC Insurance Company Chuvashia-Med, which she headed. According to the investigation, this trip was not related to the activities of the company she was running at that time. In addition, six criminal cases have been instituted against Klementyeva.

Who violates the law? Cases under Article 285 of the Criminal Code of the Russian Federation are instituted against officials, heads of departments of the FSUP, employees of the State Traffic Safety Inspectorate and employees of the Defense Ministry.

THE SARATOV ZAVODSKY DISTRICT ADMINISTRATION EMPLOYEE

Galina Matveeva, a former employee of Saratov’s Zavodsky district, took money from local residents for a simple service. For a small "tribute" she didn’t file papers with the City Property Management Committee about citizens who conducted unauthorized trade or provided household services. She determined the amount of money on the basis of a "person’s financial possibilities."

Similarly, for the appropriate "bribe" the head of one of the departments of the administration allowed a fair to be organized. In total, she "accumulated" more than 200,000 rubles, the Investigative Committee reported.

The official pleaded guilty and she was convicted on several articles: four crimes of part 1 of Article 285 of the Criminal Code of the Russian Federation (abuse of powers), part 3 of Article 290 of the Criminal Code of the Russian Federation (receipt of a bribe by an official through an intermediary in a considerable amount in the form of money for illegal inaction), part 2 of Article 290 of the Criminal Code (bribes by an official in a significant amount), part 1 of Article 291.2 of the Criminal Code of the Russian Federation (petty bribery).

The court fined her 1 million rubles. In addition, she is prohibited from engaging in activities related to the implementation of organizational, administrative and economic functions in local self-government bodies for three years.

THE EX-GOVERNOR WHO DISCREDITED THE STATE

Nikolai Denin, a former governor of the Bryansk region and a member of the United Russia party, was convicted in 2015. The Soviet district court of the city sentenced him to four years of imprisonment and imposed a ban on holding senior positions in state institutions for three years.

"Denin N.V. was convicted for having occupied the public position of a constituent entity of the Russian Federation - the Governor of the Bryansk region, being the highest official of the Bryansk region, in the period from October 2011 to January 2012, out of vested interest, abused official credentials when allocating funds from the reserve fund of the administration of the Bryansk region, which entailed a significant violation of the interests of society and the state protected by law: damage is caused to the budget of the Bryansk region in the amount of 21,840,065 rubles and discredited the administration of the Bryansk region as the supreme authority of state power of the subject of the Russian Federation," - the materials of the case say (stylistics and spelling preserved. - ed.).

The ex-governor did not despair and is trying to get himself out on parole pre-term. He says he has a sick wife who has been left without means of existence as all their accounts have been seized. He has 10 good reviews and only 2 penalties from the colony, and he left the workplace "because of production necessity." In general, JSC "Snezhka" is ready to accept him for work, this company pays his debt to the state as well. Although, the ex-governor did not say that his daughter, Tatyana Laponova, partially owns this enterprise.

On August 17, the Bryansk Regional Court again refused to the ex-official for two disciplinary sanctions and "unstable behavior." And the amount of payments on the debt is insignificant, out of 23.3 million rubles, the ex-governor personally reimbursed a total of 33,320 rubles, of which 30,700 rubles was voluntarily and 2,620 rubles were recovered from his salary. Add in the money paid by friendly companies and a debt of 17.5 million rubles remains.

In addition, the court was confused by Denin's attitude towards punishment; he confessed his guilt and repented. However, as follows from the record of the court session, he does not consider himself guilty and "only fulfills the will of the state reflected in the verdict."

THE OREL MILITARY COMMISSARIAT CHIEF

Galina Filatova was acting as the head of one of the branches of the military commissariat in the Bolkhov district of the Orel region and took the money for "slashing."

"As it was established in the court session, Filatova G.N., using her official authority while in the military commissariat, during the events related to the conscription of citizens for military service, found out from the conscript FULLNAME9 that he does not want to pass military service. After that, having the intention to steal money of FULLNAME9, by deceit, offered the latter to assist in resolving the issue of his postponement from military service, and then to release him from military service for a monetary reward, while knowing that she does not have such credentials," the court's ruling says.

The main charges are the theft of property for 280,000 rubles under art. 159 of the Criminal Code. The verdict is 300 thousand rubles fine.

THE KRASNOZNAMENSK DUTY SHIFT CHIEF

There are cases of "abuse of official powers," which look small, compared with the affairs of governors. In one of the military units of Krasnoznamensk, the chief of the duty shift of the central command post combat command center for the Strategic Missile Forces in 2016 overvalued data on the number duty shifts and days of alert duty for him and his subordinates.

As it is said in the documents of the case, Colonel Petrenko lied on reports in order to "raise his authority among his subordinates." There was also a capital motive, for good service, he and his soldiers received extra wages. The damage to the state amounted to as much as 202 rubles.

The court of the Krasnoznamensky garrison military court dismissed the case and determined that the Colonel paid a 20 thousand rubles fine.

A CAREERIST AND WOLVES IN THE REPUBLIC OF SAKHA (YAKUTIA)

According to the materials of the case, in Yakutia, someone suggested to the provisional director of the State Public Institution State Hunting Egor Antonov to organize a tourist trip to the park "Ust-Viluisky."

"From a different personal interest, expressed in the desire to gain a non-property benefit, resulting from such motivation as careerism, namely, the possible receipt of a new job in the reorganization of the institution headed by him or the possible promotion of services, in order to ensure personal and family material well-being, criminal intent appeared to abuse his official powers, that is, to use his official powers contrary to the interests of the service" the behavior of the official was explained in case materials.

Director Antonov decided to arrange a tourist trip simply with the help of a state contract between State Public Institution State Hunting and JSC air company "Polar Airlines." A contract was signed between the companies for air services for the shooting of wolves. Under the guise of this state contract, a helicopter trip was conducted and the flight for nine passengers cost 2.2 million rubles.

The criminal prosecution of the official was terminated and a fine of 170 thousand rubles was imposed. The State Public Institution State Hunting was dissolved in October 2016. At the moment, Yegor Antonov is the director of hunting resources in the newly formed body the Directorate of Biological Resources and Specially Protected Natural Territories of the Ministry of Nature Protection of Yakutia.