The UN Convention against Corruption has been signed. United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention on Contracts for the International Sale of Goods). Chapter I. Scope of application

The States Parties to the Convention, recognizing

a) that international multimodal transport is one of the means to promote the purposeful development of world trade;

(b) the need to encourage the unhindered development of rational and efficient intermodal transport that meets the needs of the respective trade;

c) the desirability of ensuring the proper development of international intermodal transport in the interests of all countries and the need to address the special problems of transit countries;

d) the desirability of establishing certain rules relating to the carriage of goods under international multimodal transport contracts, including fair provisions on the liability of multimodal transport operators;

e) the need for this Convention not to affect the application of any international convention or national law relating to the regulation and control of transport operations;

f) the right of each State to regulate and control nationally multimodal transport operators and their operations;

g) the need to take into account the special interests and concerns of developing countries, for example with regard to the introduction of new technologies, participation in intermodal transport by their national carriers and operators, its cost-effectiveness and the maximum use of local work force and insurance;

h) the need to balance the interests of providers and users of multimodal transport services;

i) the need to facilitate customs procedures and to take due account of the problems of transit countries;

Agreeing on the following basic principles, according to which:

a) an equitable balance of interests should be established between developed and developing countries and an equitable distribution of activities between these groups of countries in the field of international multimodal transport should be achieved;

b) there should be consultation between the multimodal transport operator, shippers, shippers' organizations and relevant national authorities on the terms of service, both before and after the introduction of any new intermodal transport technology;

c) shippers are free to choose between using multimodal transport and transport carried out at separate stages by different modes of transport;

(d) The liability of the multimodal transport operator under this Convention is based on the principle of presumption of fault.

Have decided to conclude a Convention for this purpose and have agreed as follows:

Part I

GENERAL PROVISIONS

Article 1 Definitions

For the purposes of this Convention:

1. "International multimodal transport" means the carriage of goods by at least two different types transport under a multimodal transport contract from a place in one country where the goods are placed under the jurisdiction of the multimodal transport operator to an agreed place of delivery in another country. Pick-up and delivery operations carried out in pursuance of a contract of carriage by only one mode of transport, as defined in such contract, are not considered international multimodal transport.

2. "Multimodal transport operator" means any person who, in his own name or through another person acting on his behalf, enters into a multimodal transport contract and acts as a party to the contract and not as an agent, or on behalf of the shipper or carriers involved in the multimodal transport operations, and assumes liability for the performance of the contract.

3. "Multimodal transport agreement" means a contract under which the operator of multimodal transport undertakes, in return for the payment of carriage charges, to perform or procure international multimodal transport.

4. "Multimodal transport document"means a document certifying a multimodal transport contract, the acceptance of the goods by the multimodal transport operator, as well as his obligation to deliver the goods in accordance with the terms of this contract.

5. "Shipper" means any person by or in whose name or on whose behalf a multimodal transport contract is entered into with a multimodal transport operator, or any person by or in whose name or on whose behalf the goods are actually delivered to the multimodal transport operator in connection with the multimodal transport contract.

6. "Consignee" means the person authorized to receive the goods.

7. "Cargo"includes any container, pallet or similar means of transport or packaging if provided by the shipper.

8. "international convention" means an international agreement concluded between States in writing and governed by the rules international law.

9. "Peremptory norm of national law" means any provision of law relating to the carriage of goods which cannot be derogated from by acceptance of a contract clause to the detriment of the shipper.

10. "Written form" means, among other things, telegram and telex.

Article 2 Scope of application

The provisions of this Convention shall apply to all multimodal transport contracts from one place to another which are located in two States if: (a) the place specified in the multimodal transport contract at which the goods are taken over by the multimodal transport operator is located in one of the Contracting States; or b) the place of delivery of the goods by the multimodal transport operator specified in the multimodal transport contract is in one of the Contracting States.

Article 3 Mandatory application

1. Where a multimodal transport contract is concluded which, in accordance with Article 2, is subject to this Convention, the provisions of this Convention shall be binding on such contract. 2. Nothing in this Convention shall affect the right of the consignor to choose between multimodal transport and transport carried at separate stages by different modes of transport.

Article 4 Regulation and control of multimodal transport

1. This Convention does not affect or conflict with the application of any international convention or national law relating to the regulation and control of transport operations. 2. This Convention is without prejudice to the right of each State to regulate and control at the national level multimodal transport operations and multimodal transport operators, including the right to take measures regarding consultation, especially before the introduction of new types of technology and services, between multimodal transport operators, shippers , shippers' organizations and relevant national authorities on the terms of service; issuance by the multimodal transport operator of licenses to participate in transport, as well as to take all other measures in the national economic and commercial interests. 3. The multimodal transport operator shall comply with the applicable law of the country in which he operates and with the provisions of this Convention.

Part II. DOCUMENTATION

Article 5 Issuance of multimodal transport documents

1. When the goods are taken over by the multimodal transport operator, he must issue a multimodal transport document, which may be negotiable or non-negotiable at the choice of the consignor. 2. The multimodal transport document shall be signed by the multimodal transport operator or a person authorized by him. 3. A signature on a multimodal transport document may be handwritten, facsimile, perforated, stamped, in symbols, or by any other mechanical or electronic means, unless this is contrary to the law of the country in which the multimodal document is issued. transportation. 4. With the consent of the shipper, a non-negotiable multimodal transport document may be issued by any mechanical or other means that retains a record of the data required to be contained in the multimodal transport document in accordance with article 8. In this case, the multimodal transport operator, after taking charge of the goods, issues to the shipper A document duly drawn up containing all the particulars so recorded, and that document shall, for the purposes of the provisions of this Convention, be considered a multimodal transport document.

Article 6 Negotiable multimodal transport document

1. If a multimodal transport document is issued as negotiable: a) it must be in the form of a warrant document or a bearer document; b) if it is drawn up in the form of an order document, then it is transmitted by means of an endorsement; c) if it is in the form of a bearer document, it is transmitted without an endorsement; d) if it is issued in several original copies, the number of originals shall be indicated on it; e) if multiple copies are issued, each copy shall bear the inscription "non-negotiable copy". 2. Release of goods may be required of the multimodal transport operator or a person acting on his behalf only against the presentation of a negotiable document of multimodal transport with a proper endorsement, if necessary. 3. The multimodal transport operator shall be released from the obligation to release the goods if the negotiable document of the multimodal transport is drawn up in several original copies and he or a person acting on his behalf released the goods in good faith against the presentation of one of such originals.

Article 7 Non-negotiable document of multimodal transport

1. If a multimodal transport document is issued as non-negotiable, it must indicate the consignee. 2. The multimodal transport operator shall be released from the obligation to release the goods if he releases them to the consignee indicated in such non-negotiable document of the multimodal transport, or to another person about whom he has been duly notified, as a rule, in writing.

Article 8 Contents of the multimodal transport document

1. The multimodal transport document must contain the following data: a) general character cargo, the main marks necessary to identify the cargo, a direct indication - where appropriate - of the dangerous nature of the cargo, the number of pieces or objects and the gross weight of the cargo or its quantity otherwise indicated, all these data being indicated as presented by the shipper; b) external state cargo; c) the name and location of the main place of business of the multimodal transport operator; d) shipper's name; e) the name of the consignee, if indicated by the consignor; f) the place and date when the multimodal transport operator takes charge of the goods; g) place of delivery of the goods; h) the date or time of delivery of the goods to the destination, if they are expressly agreed by the parties; i) an indication as to whether the multimodal transport document is negotiable or non-negotiable; j) place and date of issue of the multimodal transport document; k) signature of the multimodal transport operator or a person authorized by him; l) freight charges for each mode of transport, if expressly agreed by the parties, or freight charges, including the name of the currency, payable by the consignee or other indication that the freight charges are paid by him; m) the intended route of transport, the means of transport used and the place of transshipment of the goods, if known at the time of issuance of the multimodal transport document; n) the indication referred to in paragraph 3 of Article 28; o) any other data that the parties may agree to include in the multimodal transport document, provided they do not conflict with the laws of the country in which the multimodal transport document is issued. 2. The absence in the multimodal transport document of any of the data referred to in paragraph 1 of this Article does not affect the legal character of the document as a multimodal transport document, provided, however, that it satisfies the requirements contained in paragraph 4 of Article 1.

Article 9 Reservations in the multimodal transport document

1. If the multimodal transport document contains data relating to the general nature, main brands, number of pieces or objects, weight or quantity of goods in respect of which the multimodal transport operator or a person acting on his behalf knows or has reasonable grounds to suspect that they do not exactly correspond to the goods actually received, or if it has no reasonable possibility to verify such data, the multimodal transport operator or a person acting on his behalf must insert a clause in the multimodal transport document specifically indicating these inaccuracies, grounds for suspicion or the absence of a reasonable possibility checks. 2. If the multimodal transport operator or a person acting on his behalf does not indicate the external condition of the goods on the multimodal transport document, he shall be deemed to have indicated on the multimodal transport document that the external condition of the goods is good.

Article 10 Probative value of the multimodal transport document

Except for data in respect of which, and to the extent that a reservation permitted under Article 9 has been made: (a) the multimodal transport document is prima facie evidence that the multimodal transport operator has taken charge of the goods as described in the document; and (b) proof to the contrary by the multimodal transport operator is not admissible if the issued multimodal transport document is negotiable and transferred to a third party, including the consignee, who acted in good faith in reliance on the description of the goods contained therein.

Article 11 Liability for intentionally entering incorrect data and for failure to enter data

If the multimodal transport operator, for the purpose of deception, enters false information about the goods into the multimodal transport document or omits any data to be included in accordance with paragraph 1 "a" or "b" of Article 8 or Article 9, he shall be liable without exercising the right to restriction liability under this Convention for any loss, damage or expense incurred by a third party, including the consignee, who has acted in reliance on the description of the goods on the issued multimodal transport document.

Article 12 Shipper's Guarantees

1. The shipper shall be deemed to have guaranteed to the multimodal transport operator, at the time the multimodal transport operator takes charge of the goods, the accuracy of the data submitted by him for inclusion in the multimodal transport document regarding the general nature of the cargo, its brands, number of packages, weight and quantity, and, where appropriate, data on the dangerous nature of the cargo. 2. The consignor shall indemnify the multimodal transport operator for damage resulting from the inaccuracy or insufficiency of the data referred to in paragraph 1 of this article. The shipper remains liable even if the multimodal transport document has been handed over to them. The right of the multimodal transport operator to such reimbursement shall in no way limit its liability under the multimodal transport contract to any person other than the shipper.

Article 13 Other documents

The issuance of a multimodal transport document does not preclude, if necessary, the issuance of other documents relating to carriage or other services related to international multimodal transport, in accordance with applicable international conventions or national law. However, the issuance of such other documents does not affect the legal nature of the multimodal transport document.

Part III. LIABILITY OF THE MULTI-TRANSPORT OPERATOR

Article 14 Period of responsibility

1. The liability of a multimodal transport operator for goods under this Convention covers the period from the moment he takes the goods into his charge until the moment the goods are released. 2. For the purposes of this article, the goods shall be deemed to be in the custody of the multimodal transport operator: a) from the moment he takes over the goods from: i) the shipper or a person acting on his behalf, or ii) any authority or other third party to whom, by virtue of the law or regulations applicable at the place of taking over the goods, the goods must be handed over for carriage; b) up to the time when he released the goods: i) by handing over the goods to the consignee, or ii) in the event that the consignee does not accept the goods from the multimodal transport operator, by placing them at the disposal of the consignee in accordance with the multimodal transport contract or law, or the custom of the trade in question applicable at the place of issue of the goods, or iii) by handing over the goods to any authority or other third party to whom, by law or regulation applicable at the place of issue of the goods, the goods must be handed over. 3. In paragraphs 1 and 2 of this article, reference to a multimodal transport operator includes his servants or agents or any other person whose services he uses for the performance of the multimodal transport contract, and references to the consignor or consignee include their servants or agents.

Article 15 Liability of the multimodal transport operator for his servants, agents and other persons

Subject to the provisions of article 21, the multimodal transport operator shall be liable for the acts and omissions of his servants or agents, if such servant or agent is acting within the scope of his official duties, or of any other person whose services he uses for the performance of the multimodal transport contract, if such person is acting in the performance of the contract, as if such acts and omissions were committed by him.

Article 16 Grounds for liability

1. The multimodal transport operator shall be liable for damage resulting from the loss of or damage to the goods, as well as delay in delivery, if the circumstances causing the loss, damage or delay in delivery occurred while the goods were in his charge, as follows defined in Article 14, unless the multimodal transport operator proves that he, his servants or agents or any other person referred to in Article 15 took all measures that could reasonably be required to avoid such circumstances and their consequences. 2. Delay in delivery occurs if the goods are not delivered within the time specified in the agreement, or in the absence of such an agreement, within the time limit that it would be reasonable to require from a diligent multimodal transport operator, taking into account the specific circumstances. 3. If the shipment has not been delivered within 90 calendar days after the expiration of the delivery period determined in accordance with paragraph 2 of this article, the person entitled to make a claim may consider the goods lost.

Article 17 Related causes

Where the fault of the multimodal transport operator, his servants or agents or any other person referred to in Article 15 is combined with another cause of loss, damage or delay in delivery, the multimodal transport operator shall be liable only to the extent that the loss , damage or delay in delivery is attributable to such fault or negligence, provided that the multimodal transport operator proves the extent of the loss, extent of damage or delay in delivery, which is not attributable to him.

Article 18 Limit of liability

1. Where the multimodal transport operator is liable for damage resulting from loss of or damage to goods under the provisions of Article 16, his liability shall be limited to an amount not exceeding 920 units of account per package or other shipping unit, or 2.75 units of account per one kilogram of gross weight of lost or damaged cargo, whichever is higher. 2. For the calculation of which of the amounts set forth in paragraph 1 of this Article is greater, the following rules shall apply: in such a means of transport are treated as places or shipping units. Except as noted above, goods in such a device for transport are treated as one shipping unit; (b) Where the device for transport itself is lost or damaged, the device for transport, unless owned or provided by the multimodal transport operator, shall be treated as a separate shipping unit. 3. Notwithstanding the provisions of paragraphs 1 and 2 of this article, if international multimodal transport does not include, in accordance with the contract, the carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator is limited to an amount not exceeding 8.33 units of account per kilogram of gross weight of the goods lost or damaged. 4. The liability of the multimodal transport operator for damage resulting from delay in delivery under the provisions of Article 16 shall be limited to the amount equal to the sum two and a half times the carriage charges payable for the delayed cargo, but not exceeding the total amount of the carriage charges payable under the multimodal transport contract. 5. The total liability of the multimodal transport operator in accordance with paragraphs 1 and 4 or paragraphs 3 and 4 of this article shall not exceed the limits of liability for the total loss of the goods set out in paragraph 1 or 3 of this article. 6. By agreement between the multimodal transport operator and the consignor, the multimodal transport document may establish limits of liability that exceed the limits of liability provided for in paragraphs 1, 3 and 4 of this article. 7. Unit of Account means the unit of account referred to in Article 31.

Article 19 Damage caused at a certain stage of carriage

Where the loss of or damage to the goods has occurred at a particular stage in the multimodal transport for which the applicable international convention or peremptory norm of national law provides for a higher limit of liability than that arising from the application of paragraphs 1 to 3 of article 18, the limit of liability multimodal transport operator for such loss or damage shall be determined in accordance with the provisions of such a convention or a mandatory rule of national law.

Article 20 Non-contractual liability

1. The defendant's defenses and the limits of liability provided for in this Convention shall apply to any claim against a multimodal transport operator for damage resulting from loss of or damage to goods or from delay in delivery, whether or not the claim is based on in contract, tort or other legal basis. 2. If an action for damages arising from loss of or damage to the goods or delay in delivery is brought against a servant or agent of the multimodal transport operator and if such servant or agent proves that he acted within the scope of his official duties, or against any other person whose services he uses for the performance of a multimodal transport contract, if such other person proves that he acted in the performance of that contract, the servant or agent or such other person shall be entitled to avail himself of the defenses and limits of liability to which the operator of the multimodal transport is entitled to invoke under this Convention. transportation. 3. Except as provided in Article 21, the sums which may be recoverable from the multimodal transport operator and from the servant or agent or any other person whose services he uses for the performance of the multimodal transport contract shall not exceed in the aggregate the limits of liability, provided for in this Convention.

Article 21 Loss of right to limit liability

1. The multimodal transport operator shall not be entitled to the limitation of liability provided for in this Convention if it is proved that the loss, damage or delay in delivery resulted from an act or omission of the multimodal transport operator, done or with intent to cause such loss, damage or delay in delivery. , or irresponsibly and with the knowledge that such loss, damage or delay may occur. 2. Notwithstanding the provisions of article 20, paragraph 2, a servant or agent of a multimodal transport operator or other person whose services he employs in the performance of a multimodal transport contract shall not be entitled to the limitation of liability provided for in this Convention if it is proved that the loss, damage or the delay in delivery is the result of an act or omission by such employee, agent or other person, either with the intent to cause such loss, damage or delay in delivery, or recklessly and with the knowledge that such loss, damage or delay in delivery is likely to occur.

Part IV. SHIPPER'S LIABILITY

Article 22 General rule

The shipper is liable for damage suffered by the multimodal transport operator if such damage was caused by the fault or negligence of the shipper or his servants or agents when such servants or agents acted within their official duties. The shipper's servant or agent shall be liable for such damage if such damage was caused by his fault or negligence.

Article 23 Special rules on dangerous goods

1. The shipper shall mark or designate, in a suitable manner, the dangerous goods as dangerous. 2. When a shipper hands over dangerous goods to a multimodal transport operator or any person acting on his behalf, the shipper must inform him of the dangerous nature of the goods and, if necessary, of the precautions to be taken. If the shipper fails to do so and the multimodal transport operator is otherwise unaware of the dangerous nature of the goods: a) the shipper is liable to the multimodal transport operator for damage resulting from the shipment of such cargo, and b) the cargo may be unloaded, destroyed at any time or rendered harmless, as the circumstances may require, without payment of compensation. 3. No person may invoke the provisions of paragraph 2 of this article if, during multimodal transport, he took charge of the goods, knowing of their dangerous nature. 4. If, in cases where the provisions of subparagraph (b) of paragraph 2 of this article are inapplicable or cannot be invoked, the dangerous goods become in fact dangerous to life or property, it may be unloaded, destroyed or rendered harmless, as the circumstances may require, without payment compensation, unless there is an obligation to share in general average losses or where the carrier is liable under the provisions of article 16.

PART V. CLAIMS AND CLAIMS

Article 24 Notice of loss, damage or delay

1. Unless notice of loss or damage, specifying the general nature of such loss or damage, is made in writing by the consignee to the multimodal transport operator no later than the business day following the day the goods were released to the consignee, such release shall constitute prima facie evidence of delivery by the multimodal transport operator cargo as described in the multimodal transport document. 2. When loss or damage is not apparent, the provisions of paragraph 1 of this article shall apply accordingly, unless notification in writing is made within six calendar days after the date of delivery of the goods to the consignee. 3. If the condition of the cargo upon its release to the consignee was the subject of a joint inspection or verification by the parties or their authorized representatives at the place of issue, no written notice of loss or damage ascertained at the time of such examination or inspection is required. 4. In the event of any actual or perceived loss or damage, the multimodal transport operator and the consignee shall give each other every reasonable opportunity to verify the condition and quantity of the cargo. 5. No compensation will be payable for damage caused by a delay in delivery unless notification in writing is made to the multimodal transport operator within 60 calendar days after the day on which the goods were released by handing over to the consignee or after the consignee was notified that that the goods have been released in accordance with Article 14, paragraph 2(b)ii or iii). later than 90 calendar days after the occurrence of such loss or damage, or after the release of the goods in accordance with paragraph 2 of Article 14, whichever is later, the absence of such notification shall be prima facie evidence that the multimodal transport operator has not suffered any damage, or 7. If any of the notice periods provided for in paragraphs 2, 5 and 6 of this article ends on a day which is not a business day at the place of release of the goods, such period shall be extended until the next business day . 8. For the purposes of this article, a notice given to a person acting on behalf of a multimodal transport operator, including any person whose services he uses at the place of release, or to a person acting on behalf of a shipper, shall be deemed to have been made to the multimodal transport operator or the shipper, respectively.

Article 25 Limitation period

1. Any claim in connection with international multimodal transport under this Convention shall be statute of limitations unless legal proceedings or arbitration proceedings have been commenced within two years. However, if notice in writing setting out the nature and essential circumstances of the claim is not made within six months after the date on which the goods were released, or, if the goods were not released, after the day on which they should have been released, the limitation period expires upon the expiration of that period. 2. The limitation period begins on the day following the day on which the multimodal transport operator released the goods or part of the goods, and if the goods were not released, on the day following the last day when the goods were to be released. 3. A person to whom a claim has been made may at any time during the limitation period extend this period by a written declaration to the applicant of the claim. This period may be further extended by another declaration or declarations. 4. Unless otherwise provided in another applicable international convention, an action for damages in recourse may be brought by any person found liable under this Convention, even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the limits the time allowed under the law of the State in which the proceedings are commenced; however, that time limit granted shall be not less than 90 days from the date on which the person bringing such action for damages has satisfied the claim or received notice of commencement of proceedings against him.

Article 26 Jurisdiction

1. In case judicial trial in connection with international multimodal transport under this Convention, the plaintiff may, at his choice, bring an action in a court which is competent under the law of the State of the forum and within whose jurisdiction is one of the following places: a) the seat of the main place of business or, if in the absence of such, the usual residence of the defendant; or (b) the place where the multimodal transport contract was made, provided that the defendant has there a place of business, branch or agency through which the contract was made; or c) the place of acceptance of the goods for international multimodal transport or the place of delivery of the goods; or d) any other place specified for this purpose in the multimodal transport contract and confirmed in the multimodal transport document. 2. No proceedings relating to international multimodal transport under this Convention may be brought in any place other than as specified in paragraph 1 of this article. The provisions of this Article shall not prejudice the exercise of the jurisdiction of the Contracting States in respect of measures of a preliminary or provisional nature. 3. Notwithstanding the foregoing provisions of this article, any agreement entered into by the parties after the claim has arisen which specifies the place where the claimant may bring an action shall have effect. 4. a) Where an action has been brought in accordance with the provisions of this article, or where a decision has been rendered in respect of such action, no new action between the same parties on the same grounds shall be admissible, unless the decision of the court on the first the action is not enforceable in the country in which the new proceedings are initiated. b) For the purposes of this article, the taking of measures to enforce a judgment and the transfer of an action to another court within the same country shall not be considered to be the filing of a new action.

Article 27 Arbitration

1. Subject to the provisions of this article, the parties may provide, by agreement confirmed in writing, that any dispute which may arise in connection with international multimodal transport under this Convention shall be submitted to arbitration. 2. The arbitration shall take place, at the option of the claimant, at one of the following places: (a) anywhere in the State in whose territory is: (i) the seat of the defendant's principal place of business or, failing that, the defendant's habitual residence; or (ii) the place where the multimodal transport contract was made, provided that the defendant has there a place of business, branch or agency through which the contract was made; or iii) the place where the goods are accepted for international multimodal transport or the place of delivery; or b) any other place specified for that purpose in an arbitration clause or agreement. 3. The arbitrator or arbitral tribunal shall apply the provisions of this Convention. 4. The provisions of paragraphs 2 and 3 of this article shall be considered integral part any arbitration clause or agreement, and any term of such clause or agreement that is inconsistent with these provisions shall be void. 5. Nothing in this article shall affect the validity of an arbitration agreement entered into by the parties after a claim relating to international multimodal transport has arisen.

Part VI. ADDITIONAL PROVISIONS

Article 28 Contractual terms

1. Any term in a multimodal transport contract or in a multimodal transport document shall be null and void to the extent that it conflicts directly or indirectly with the provisions of this Convention. The invalidity of such a term shall not affect the validity of the other provisions of the contract or document of which it is a part. A clause to transfer cargo insurance rights in favor of the multimodal transport operator or any similar clause is null and void. 2 Notwithstanding the provisions of paragraph 1 of this article, the multimodal transport operator may, with the consent of the consignor, increase his liability and obligations under this Convention. 3. The multimodal transport document must include an indication that international multimodal transport is governed by the provisions of this Convention, which invalidate any conditions in conflict with these provisions to the detriment of the consignor or consignee. 4. In cases where the person making a claim for the goods has suffered damage due to a condition that is invalid by virtue of this article, or as a result of the absence of the indication referred to in paragraph 3 of this article, the multimodal transport operator must pay compensation in the required amount in order to compensate that person, in accordance with the provisions of this Convention, for any loss of or damage to the goods and for any delay in delivery. The multimodal transport operator must, in addition, pay compensation for the costs incurred by that person in order to exercise his right, provided that the costs incurred in connection with an action based on the above provision are determined in accordance with the law of the State in which the proceedings are brought.

Article 29 General average

1. Nothing in this Convention shall prevent the application of the provisions of the multimodal transport contract or of national law relating to the allocation of losses in general average, if applicable and to the extent that they are applicable. 2. With the exception of article 26, the provisions of this Convention relating to the liability of the multimodal transport operator for loss of or damage to the goods shall also determine whether the consignee may refuse to pay the general average contribution and the obligation of the multimodal transport operator to reimburse the consignee for such contribution or the costs of salvation.

Article 30 Other conventions

1. This Convention does not change the rights or obligations under the Brussels international convention on the unification of certain rules regarding the limitation of liability of owners sea ​​vessels of August 25, 1924, the Brussels International Convention Relating to the Limitation of Liability of Owners of Sea-Going Vessels of October 10, 1957, the London Convention on the Limitation of Liability for maritime requirements of November 19, 1976 and the Geneva Convention on the Limitation of Liability of Owners of Inland Navigation Vessels (CEP) of March 1, 1973, including additions to these conventions, as well as those provided for in national legislation on the limitation of liability of owners of seagoing ships and inland navigation vessels. 2. The provisions of articles 26 and 27 of this Convention shall not preclude the application of the mandatory provisions of any other international convention relating to the matters governed by those articles, provided that the dispute arises exclusively between parties having their own fundamental commercial enterprises in States that are parties to such other convention. However, this paragraph does not affect the application of paragraph 3 of Article 27 of this Convention. 3. No liability shall arise under the provisions of this Convention for damage caused by nuclear incident if the operator nuclear installation shall be liable for such damage: (a) in accordance with either the Paris Convention of 29 July 1960 on the liability of third parties in the field of nuclear energy, as amended by the Additional Protocol of 28 January 1964, or in accordance with the Vienna Convention of 21 May 1963 on civil liability for nuclear damage or amendments thereto; or (b) in accordance with national law governing liability for such damage, provided that such law is in all respects as favorable to persons who may suffer damage as the Paris or Vienna Conventions. 4. Carriage of goods in accordance with Article 2 of the Geneva Convention of May 19, 1956 on the contract for the international carriage of goods by road, Article 2 of the Berne Convention of February 7, 1970 on the carriage of goods by rail, as amended by Protocol I of November 9, 1973, or in accordance with similar provisions of other international intergovernmental conventions relating to unimodal transport contracts in force on the date of adoption of this Convention, shall not be considered by the States Parties to those conventions governing such transport as international multimodal transport within the meaning of article 1, paragraph 1, of this Convention, inasmuch as such States are bound to apply the provisions of those conventions to such carriage of goods.

Article 31 Unit of Account or Currency and Transfer

1. The unit of account referred to in article 18 of this Convention is the "special drawing right" as defined by the International Monetary Fund. The amounts referred to in Article 18 shall be converted into the national currency of the State in accordance with the exchange rate of that currency on the date of the judgment or arbitral award, or on a date agreed by the parties. The value in units of the "special drawing right" of the national currency of a Contracting State which is a member of the International Monetary Fund, calculated in accordance with the method of valuation applied by the International Monetary Fund, on the relevant date for its own operations and settlements. The "special drawing right" value of the national currency of a Contracting State which is not a member of the International Monetary Fund shall be calculated in the manner prescribed by that State. 2. Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 1 of this article may, at the time of signature, ratification, acceptance, approval or accession, or at any time thereafter, declare that the limits of liability, provided for in this Convention and applied in its territory shall be established in the following amounts: for the limits provided for in paragraph 1 of Article 18 - 13,750 currency units per piece or other shipping unit, or 41.25 currency units per kilogram of gross weight of the cargo, and for the limits , provided for in paragraph 3 of Article 18 - 124 currency units. 3. The currency unit referred to in paragraph 2 of this article corresponds to sixty-five and a half milligrams of nine hundred thousandths of fine gold. The conversion into the national currency of the amounts referred to in paragraph 2 of this article shall be carried out in accordance with the legislation of the respective state. 4. The calculation referred to in the last sentence of paragraph 1 of this Article and the conversion referred to in paragraph 3 of this Article shall be made in such a way as to express in the national currency of a Contracting State, as far as possible, the same real value of the sums referred to in Article 18, which is expressed in this article in units of account. 5. Contracting States shall communicate to the depositary the method of calculation pursuant to the last sentence of paragraph 1 of this Article, or, where appropriate, the result of the transfer pursuant to paragraph 3 of this Article, at the time of signing or when depositing their instruments of ratification, acceptance, approval or accession, or exercise of the right of choice provided for in paragraph 2 of this article, and then each time there is a change in the method of such calculation or as a result of such a transfer.

Part VII. CUSTOMS ISSUES

Article 32 Customs transit

1. The Contracting States shall permit the use of the customs transit procedure for international multimodal transport. 2. In accordance with the provisions of national law or regulations and intergovernmental agreements, the customs transit of goods in international multimodal transport shall be carried out in accordance with the rules and principles contained in Articles I to VI of the Annex to this Convention. 3. When enacting laws or regulations regarding Customs transit procedures relating to multimodal transport of goods, Contracting States shall have regard to Articles I to VI of the Annex to this Convention.

Part VIII. FINAL PROVISIONS

Article 33 Depositary

The Secretary-General of the United Nations is hereby designated as the depositary of this Convention.

Article 34 Signature, ratification, acceptance, approval and accession

1. All States shall have the right to become Parties to this Convention by: a) signature without reservation as to ratification, acceptance or approval; or b) signature subject to ratification, acceptance or approval; or c) accession. 2. This Convention shall be open for signature from 1 September 1980 to 31 August 1981 at the Headquarters of the United Nations in New York. 3. After 31 August 1981, this Convention shall be open for accession to all States which have not signed the Convention. 4. Instruments of ratification, acceptance, approval and accession shall be deposited with the depositary. 5. Regional economic integration organizations established sovereign states- Members of UNCTAD and competent to negotiate, conclude and apply international agreements in the special areas covered by the Convention, shall also be eligible to become a Party to this Convention in accordance with the provisions of paragraphs 1 to 4 of this Article, thereby accepting, in relation to other Parties to this Convention, the rights and obligations under this Convention in the said special areas.

Article 35 Reservations

No reservations may be made to this Convention.

Article 36 Entry into force

1. This Convention shall enter into force twelve months after the Governments of 30 States have either signed it without reservation as to ratification, acceptance or approval, or have deposited instruments of ratification, acceptance, approval or accession with the depositary. 2. For each State which ratifies, accepts, approves or accedes to this Convention after the entry into force requirements set out in paragraph 1 of this Article have been met, the Convention shall enter into force twelve months after the date on which such State has deposited the relevant instrument. .

Article 37 Date of commencement of application

Each Contracting State shall apply the provisions of this Convention to multimodal transport contracts concluded on or after the date on which this Convention enters into force in respect of that State.

Article 38 Rights and obligations arising from existing conventions

Where, pursuant to Articles 26 and 27, proceedings or arbitration proceedings are commenced in a Contracting State in a matter relating to the performance under this Convention of an international multimodal transport which takes place between two States, of which only one is a Contracting State, if both of these states, at the time of the entry into force of this Convention, are equally bound by another international convention, a court or arbitral tribunal, in accordance with the obligations arising from such a convention, may apply the provisions of this convention.

Article 39 Revision and amendment

1. At the request of at least one third of the Contracting States that are Parties to this Convention, the Secretary-General of the United Nations shall, after the Convention enters into force, convene a conference of Contracting States to review or amend it. The Secretary-General of the United Nations shall communicate to all Contracting States the texts of any proposals for amendments at least three months before the date of such conference.

2. Any decision of the revision conference, including amendments, shall be taken by a two-thirds majority of the States present and voting. Amendments adopted by the conference shall be circulated by the depositary to all Contracting States for acceptance and to all Signatory States for their information. 3. Subject to the provisions of paragraph 4 below, any amendment adopted by the conference shall enter into force only for those Contracting States which have accepted it on the first day of the month following the expiration of one year after its acceptance by two-thirds of the Contracting States. For any State which has accepted an amendment after it has been accepted by two-thirds of the Contracting States, the amendment shall enter into force on the first day of the month following the expiration of one year after that State has accepted it. 4. Any amendment adopted by the conference modifying the amounts referred to in Article 18 and paragraph 2 of Article 31, or replacing any or both of the units specified in paragraphs 1 and 3 of Article 31 by other units, shall enter into force on the first day of the month following the expiration of one year. after its acceptance by two-thirds of the Contracting States. Contracting States which have accepted the amended amounts or replacement units shall apply them in their relations with all Contracting States. 5. The adoption of amendments shall be effected by the deposit of an appropriate official document with the depositary. 6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of any amendment adopted by the conference shall be deemed to apply to the Convention as amended.

Article 40 Denunciation

1. Each Contracting Party may denounce this Convention at any time after the expiration of a period of two years from the date on which the Convention enters into force by giving written notification to the depositary. 2. Such denunciation shall take effect on the first day of the month following the expiration of one year after the notification has been received by the depositary. If a longer period is indicated in the notice, the denunciation shall become effective at the expiration of that longer period after the receipt of the notice by the depositary. In witness whereof, the undersigned representatives, being duly authorized thereto, have affixed their signatures below on the dates indicated.

Done at Geneva this twenty-fourth day of May one thousand nine hundred and eightieth in a single copy in the English, Arabic, Chinese, Russian and Spanish French and all texts are equally authentic.

(Signatures)

Annex to

United Nations conventions

About international multimodal transport of goods

REGULATIONS ON CUSTOMS MATTERS RELATED TO INTERNATIONAL MIXED CARGO TRANSPORT

Article I

For the purposes of this Convention: "Customs transit procedure" means the customs procedure under which goods are transported under customs control from one customs office to another. "Customs office of destination" means any Customs office where a Customs transit operation ends. "Import/Export Duties and Charges" means customs duties and all other duties, fees, charges and other amounts charged on the import / export of goods or in connection with their import and export, but do not include payments and amounts corresponding to the approximate cost of services rendered. "Customs transit document" means a document containing a record of particulars and information necessary for a Customs transit operation.

Article II

1. Subject to the provisions of the laws, regulations and international conventions in force in their territories, the Contracting States shall grant freedom of transit for goods in international multimodal transport.

2. If the conditions established by the customs transit procedure used in the transit operation are met in accordance with the requirements of the customs authorities, goods in international multimodal transport: to the extent that it may be deemed necessary to ensure compliance with the rules and regulations for which that Customs office is responsible. Based on this, the customs authorities usually limit themselves to the control of customs seals and other measures of customs security at the points of entry and exit; b) without prejudice to the application of laws and regulations concerning public or national security morale or public health, will not be subject to any customs formalities or requirements in addition to those applicable under the customs transit regime used for this transit operation.

Article III

For the purpose of facilitating the transit of goods, each Contracting State: a) if it is the country of departure, shall, to the extent practicable, take all measures to ensure that the information required for subsequent transit operations is complete and accurate; b) if it is the country of destination: i) accepts all necessary measures to ensure that goods in customs transit are cleared, usually at the customs office of the destination of the goods; ii) make efforts to carry out cargo clearance at a location as close as possible to the final destination of the cargo, unless otherwise required by national laws and regulations.

Article IV

1. If the conditions established by the customs transit procedure are met in accordance with the requirements of the customs authorities, goods in international multimodal transport are exempt from payment of import / export duties and taxes or fees replacing them in transit countries.

2. The provisions of the preceding paragraph do not exclude: a) the collection of fees and amounts by virtue of national regulations, based on considerations of public safety or public health protection; b) the collection of fees and amounts in amounts corresponding to the approximate cost of services rendered, provided that they are charged on an equal basis.

Article V

1. In cases where a financial guarantee is required, the provision of a customs transit operation is guaranteed at the request of the customs authorities of a given transit country in accordance with its national laws, regulations and international conventions.

2. To facilitate customs transit, the system of customs guarantees should be simple, efficient, inexpensive and should cover the import / export duties and taxes levied, as well as penalties payable in countries where they are guaranteed.

Article VI

1. Without prejudice to any other documents that may be required by any international convention or national laws and regulations, the Customs authorities of transit countries shall accept the multimodal transport document as the descriptive part of the Customs transit document.

2. To facilitate Customs transit, Customs transit documents should, as far as possible, conform to the form reproduced below.

(The text of the Convention in Russian is published in the Collection "The UN Conference on the Convention on International Multimodal Transport", vol. I, New York.

Russia is not involved.)

United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980)

Russia overtook Germany, Spain, Italy and a bunch of other countries when it took 10th place in the budget openness rating.

This is progress - in 2010 we were in 21st place, and in 2006 - in 27th:

Curiously, despite US assistance in establishing real democracy, Georgia and Ukraine did not even come close to our indicators, they are in the last thirty places.

In general, if you look at it, we have done excellent legislative work over the past 10 years. Take, for example, the issue with the very article 20 of the UN Convention against Corruption, which is so often recalled by the opposition. Fritz, they wrote to me, how dare you pronounce the words “fight against corruption” if Russia has not yet ratified the magic article 20, which is the main weapon of oppression of corrupt officials in every civilized country?

After consulting with readers, studying our legislation and a detailed analysis of the issue, I am ready to tell you how things really are with this article:

The myth is quite widespread, according to which Russia did not ratify Article 20 of the UN Convention against Corruption, as the authorities did not want to complicate the lives of influential corrupt officials. It is a myth. In fact, Russia ratified the UN Convention against Corruption back in 2006. The convention was ratified in its entirety, without deletion of any articles whatsoever.

Article 20 of the Convention, "illicit enrichment", reads as follows: (link)

Subject to its Constitution and fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize, when committed intentionally, illicit enrichment, i.e. a significant increase in the assets of the public official in excess of his lawful income, which he cannot reasonably justify.

At the same time, although Article 20 was ratified by Russia as part of the Convention, it still does not apply - due to the lack of legal grounds for Russia to apply it. When ratifying the UN Convention, Law 40-FZ directly listed the articles for which Russia has the necessary punitive mechanisms:

1) The Russian Federation shall have jurisdiction over acts recognized as criminal in accordance with Article 15, paragraph 1 of Article 16, Articles 17-19, 21 and 22, paragraph 1 of Article 23, Articles 24, 25 and 27 of the Convention, in the cases provided for in paragraphs 1 and 3 article 42 of the Convention;

Article 20 is not included in this list - because it contradicts Russian legislation. This situation is provided for in the UN Convention, in article 20 it is expressly stated that the state should apply this article only "subject to compliance with its Constitution and the fundamental principles of its legal system." However, in Russia there is Article 49 of the Constitution, which says that "the accused is not obliged to prove his innocence" - thus, the prosecution of citizens for "illegal enrichment" would be contrary to our Constitution.

There are other, purely legal difficulties in the way of implementing Article 20 of the Convention into our legislation.

There is no legal definition of "illicit enrichment" in Russia. In law enforcement practice, it would be very difficult to define concepts like “significant increase in assets”, “legitimate income” and “reasonably”. There would also be many problems with proving intent, especially in connection with the establishment of a causal relationship.

Thus, even if the offense of “illicit enrichment” were introduced into our Criminal Code, it would be extremely difficult and inconvenient to apply it in practice.

Our Criminal Code already has chapter 30, which allows you to work on almost all corruption offenses: abuse of power, misappropriation of budget funds, abuse of power, and so on, including even article 287 - “Refusal to provide information Federal Assembly Russian Federation or the Accounts Chamber of the Russian Federation.

Combining many specific articles from this chapter of the Criminal Code into one muddy article “illegal enrichment” would not help the work of law enforcement agencies in any way.

Fight against illegal enrichment in the Russian Federation

Russia has a rich arsenal of laws to implement the UN Convention, including to combat illicit enrichment.

In 2001, Law No. 115-FZ was adopted, according to which lawyers, notaries, lawyers and accountants were charged with the obligation to notify law enforcement agencies of financial transactions aimed at laundering proceeds from crime.

On December 25, 2008, Law No. 273-FZ “On Combating Corruption” was adopted. In article 8 of this law, state and municipal employees were required to provide information about their income and property.

On November 21, 2011, Law No. 329-FZ was adopted, which extended anti-corruption requirements to all state and municipal positions, and also obliged banks to provide information on the movement of money in the accounts of officials.

Law No. 121-FZ of July 20, 2012 introduced strict control over foreign-funded political activity. Interestingly, it was this anti-corruption law that caused especially fierce criticism from both the pro-Western non-systemic opposition and politicians from the United States.

In December 2012, Law No. 230-FZ “On control over the compliance of expenses of persons holding public office and other persons with their income” was adopted. This law obliged officials to file declarations on their property and income, both for themselves and for their immediate family members.

As a continuation of the same line, on May 7, 2013, Law No. 102-FZ was adopted, which prohibited State Duma deputies from having real estate or bank accounts abroad.

After passing all these laws, our legislation not only fully complies with the spirit of the UN Convention against Corruption, but also allows us to indicate to many others European countries on the insufficient elaboration of their anti-corruption laws.

Unjust enrichment in the Civil Code of the Russian Federation

The Civil Code of the Russian Federation has chapter 60, which refers to "unjust enrichment."

This chapter has nothing to do with the article under discussion of the UN Convention: it deals with situations that have nothing to do with corruption. For example, the articles of this chapter apply when the seller does not return the paid goods to the buyer or when the debtor delays repaying the debt in order to be able to use other people's money longer.

Other states

As of September 2013, the UN Convention against Corruption has not been ratified by a significant number of states. (link) For example, the Convention was not ratified by Germany, New Zealand, Czech Republic and Japan.

At the same time, even in the states that have ratified the Convention, the article “illicit enrichment” is not introduced into the legislation. The offense of "illicit enrichment" or similar does not exist in at least the following states: (link)

* Netherlands
* Belgium
* Italy
* Portugal
* Switzerland
* Finland
* Norway
* France

* Spain
* Sweden
* Denmark

Representatives of these countries indicate three reasons why article 20 is not introduced into their legislation.

First, the concept of "illicit enrichment" is contrary to the constitutions of most countries, as it implies a presumption of guilt.

Secondly, in these countries there are usually articles that imply automatic criminalization of the proceeds of persons who have already been convicted of some serious crime, such as drug trafficking or pimping.

Thirdly, the implementation of the spirit of Article 20 is ensured in these countries through the mechanism of mandatory declaration of income of officials and punishment for incorrect data in declarations. Russia is following the same path - it is tightening control over the property of officials.

It should also be noted that there was no corpus delicti of "illegal enrichment" even in the USSR. Contrary to popular misconception, under the Soviet regime, they could also be imprisoned only for a specific crime: like speculation or currency transactions.

Discussions

As a rule, the level of knowledge of the oppositionists on this issue is close to zero, so simply pointing out the facts usually allows you to win an easy victory in the discussion. Here are the answers to the most common "porches" of trolls.

Q: Russia has not ratified Article 20 of the UN Convention against Corruption.

A: This is not the case, Russia ratified the Convention in its entirety by Law 40-FZ of March 08, 2006. No exceptions were made to Article 20 of the Convention in this law.

Q: All civilized countries have already ratified this article.

A: Name, please, at least one civilized country in which there is a law on "illicit enrichment." Germany, the Czech Republic and Japan, not only Article 20, have not ratified the Convention at all. Other countries, such as Sweden, France or the United States, ratified the Convention, but did not implement Article 20 into legislation.

V.: The Communist Party of the Russian Federation is collecting signatures for the ratification of Article 20 of the UN Convention.

A: This is populism. clean water. Firstly, this article has already been ratified, back in 2006, along with the rest of the Convention. Secondly, the offense of "illicit enrichment" was not even in the Criminal Code of the RSFSR.

Let me summarize

Behind last years We have made very serious progress in the fight against corruption. So seriously that we ourselves can ask the so-called "civilized" countries unpleasant questions - why their budgets are hidden from the public eye, and why their laws are suspiciously soft in relation to corrupt officials.

PS. Anticipating the traditional question. A small list of corruption cases brought to a verdict in recent months is here.

The Convention on the Rights of the Child, in short, contains everything about the rights of the child. The main document of international law concerning the rights of children is the UN Convention on the Rights of the Child. All countries that have acceded to the Convention apply to it if controversial issues arise in the protection of the interests of children, or if a specific case is not provided for in the legislation of the country. The word "convention" means "international treaty". This treaty covers all the possible rights that countries should provide to children growing up in them.

The treaty was adopted in 1989 by the UN General Assembly. Work on it has been carried out since 1979, when professor of international relations from Poland A. Lopatka proposed a draft Convention. Before that, there was the Declaration of the Rights of the Child, which was adopted by the UN in 1959. It emphasized 10 provisions, which said that those responsible for raising children are obliged to give the best to children and act for their good.

By September 2, 1990, the treaty was signed by twenty countries, and from that day it entered into force. As of November 2014, when the latest amendment to protect children from pornography was made, 169 countries were parties to the Convention. Today it is the most comprehensive international document that stipulates the rights of the child and their protection.

Convention on the Rights of the Child, articles

The Convention on the Rights of the Child includes 54 articles.

In the first article, any citizen of the state under the age of 18 is recognized as a child, if he was not recognized as having reached the age of majority earlier according to the laws of his country. The articles list the rights of the child to:

Convention on the Protection of the Rights of the Child

Protection of the rights of the child should be carried out by the state, parents, other people who have received the authority to be their defenders.

Every child in a country party to the Convention has the right to protection:

• from all types of violence;
• from the exploitation of the labor of children if it interferes with their development and education;
• from the use or distribution of drugs;
• from kidnapping, as well as from child trafficking;
• from cruel punishments;
• for protection in the commission of crimes. In accordance with the agreement, children cannot be condemned to death, as well as to imprisonment for life;
• for protection during the war. Participation in the war is possible only after 18 years;
• information harmful to the development of the child.

The Convention points to the need to combat child mortality, disease, to provide assistance to mothers during pregnancy and after the birth of children, and to work on teaching family planning.

To comply with the articles of the Convention, the UN Committee for the Protection of the Rights of the Child is elected every four years, which receives reports of violations of the treaty. The Committee consists of 10 people from among the countries participating in the Convention.

Reports of violations of children's rights should not be anonymous. When the committee receives such news, it invites the state to take remedial action and submit a report.

If we are talking about the sale of children or their participation in the war, the Committee should investigate. The country in which the violation occurred is asked for permission for members of the committee to be present and investigate. After the end of the investigation, the authorized member of the committee makes recommendations on the liquidation of the violation and monitors its implementation.

Since 2014, the Committee has also received reports of violations of the rights specified by the Convention directly from children.

Any country participating in the Convention may declare withdrawal at any time, but will cease to be a party to the treaty only after a year.

The Convention on the Rights of the Child briefly formulates all the possible rights of children and the protection of children's interests in articles 1-42, the remaining articles are devoted to the rules for signing and ratifying this treaty.

All states that have become parties to the treaty are required to widely publicize the Convention among the people.

The UN Convention is a balanced and systemic document that formed the basis for the development of legislation and specific measures in the fight against corruption both at the international and domestic levels.

The Convention also contains a new policy provision that requires Member States to return funds obtained through corruption to the country from which they were stolen. These provisions, the first of their kind, proclaim a new fundamental principle and also lay the foundation for more active cooperation among States to prevent and detect corruption, and to recover the funds thus obtained. In the future, corrupt officials will have fewer opportunities to hide their illicit gains. This is a particularly important issue for other developing countries, where corrupt high-ranking officials are plundering national wealth, and new governments are in dire need of funds to rebuild and reconstruct the country.

The objectives of the Convention, formulated in the first chapter " General provisions", are as follows:

a) promoting the adoption and strengthening of measures aimed at more effective and efficient prevention of and fight against corruption;

b) encouragement, facilitation and support international cooperation and technical assistance in preventing and combating corruption, including the adoption of asset recovery measures;

c) promotion of honesty and integrity, responsibility, as well as the proper management of public affairs and public property.

The second chapter "Measures for the Prevention of Corruption" contains a number of important provisions relating to the policy and practice of preventing and combating corruption, prevention and counteraction bodies, incentive measures in the public sector, codes of conduct for public officials, public procurement and management of public finances, public reporting, measures against the judiciary and prosecution authorities, measures regarding the activities of the business sectors (private sector), measures for the active participation of civil society and individuals in the prevention and fight against corruption, as well as measures for money laundering.

Chapter Three "Criminalization and law enforcement» is devoted to the following issues: bribery of domestic public officials, foreign public officials and officials of public international organizations; theft, misappropriation or other misuse of property by a public official; abuse of influence for personal gain and abuse of office; illegal enrichment; bribery in the private sector and theft of property in the private sector; laundering of proceeds of crime and their concealment; obstruction of the administration of justice; responsibility legal entities; participation and attempt; awareness, intent and intent as elements of a crime; statute of limitations, prosecution, adjudication and sanction; suspension of operations (freezing), arrest and confiscation; protection of witnesses, experts and victims; protection of whistleblowers, the consequences of acts of corruption, compensation for damages, specialized bodies aimed at combating corruption through law enforcement measures; cooperation with law enforcement, cooperation between national authorities, cooperation between national authorities and the private sector; bank secrecy; information about a criminal record; jurisdiction over crimes.

It should be noted here that some norms of the Convention have not yet been ratified by the Russian Federation. First of all, there is Article 20, “Illicit Enrichment”, which reads as follows: “Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to recognize in as a criminal act, when it is committed intentionally, illicit enrichment, i.e. a significant increase in the assets of a public official in excess of his legal income, which he cannot reasonably justify.”

The transnational nature of corruption required the appearance in the Convention of the chapter "International cooperation" (chapter four). This chapter enables Member States to assist each other in investigations and proceedings in civil and administrative matters relating to corruption.

Assistance involves allowing the extradition of a person in connection with any of the crimes, the possibility of concluding bilateral or multilateral agreements or arrangements for the transfer of persons sentenced to imprisonment or other forms of deprivation of liberty for corruption offences; the provision by the participating States to each other of the widest possible mutual legal assistance in the investigation, prosecution and prosecution of corruption offences; consideration by the participating States of the possibility of mutual transfer of proceedings for the prosecution of a corruption offense, close cooperation with each other, acting in accordance with their domestic legal and administrative systems in order to improve the effectiveness of enforcement measures to combat crimes; considering the possibility of concluding bilateral or multilateral agreements or arrangements by virtue of which, in connection with cases that are the subject of investigation, prosecution or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigation bodies; authorizing the proper use by the competent authorities of controlled deliveries and in cases where it considers it appropriate; use of others special methods investigations, such as electronic surveillance or other forms of surveillance, and undercover operations within its territory, and to ensure that evidence collected through such methods is admissible in court.

The fifth chapter of the Convention, “Measures for the recovery of assets”, deals with the rules for the prevention and detection of transfers of proceeds of crime, measures for the direct recovery of property, mechanisms for the seizure of property through international cooperation for confiscation, international cooperation for the purpose of confiscation, special cooperation, recovery of assets and disposal them, the creation of units for the collection of operational financial information, bilateral and multilateral agreements.

Effective work in the field of preventing and combating corruption requires professional training of specialists and comprehensive information about crimes in the field of corruption. These issues are addressed in Chapter Six, Technical Assistance and Information Exchange, which presents requirements for the development, implementation or improvement of specific programs training of personnel responsible for preventing and combating corruption. In doing so, the participating States shall, within their capabilities, consider providing each other with the widest possible technical assistance, especially for the benefit of developing countries, in connection with their respective anti-corruption plans and programs, including material support and training, as well as training and assistance and the mutual exchange of relevant experience and expertise, which will facilitate international cooperation among participating States in extradition and mutual legal assistance matters.

As part of ensuring the implementation of the Convention, it is proposed to establish a Convention of the States Parties to the Convention (Chapter Seven of the Convention “Mechanisms for Implementation”). The Convention is convened by the Secretary General, adopts rules of procedure and rules governing the conduct of substantive activities, including rules relating to the admission and participation of observers and the payment of expenses incurred in carrying out these activities.

States Parties shall provide the Convention with information on their programmes, plans and practices, as well as on legislative and administrative measures aimed at implementing the Convention, and it shall examine how best to obtain such information and make decisions. The activities of the Convention are provided by the Secretariat.

The UN Convention against Corruption was ratified by the Russian Federation federal law dated March 8, 2006 No. 40-FZ "On Ratification of the United Nations Convention against Corruption".

Documents accepted on international level, including those adopted at the UN level, served as a serious basis for the formation and development legislative framework in many states, including those prepared within the framework of various interethnic blocs and commonwealths.

Often, due to the advisory nature of documents and differences in legal regulations it is not possible to use the UN recommendations in the legislations of states, their enforcement in practice and, as a result, unjustified expectations and not always an effective result of solving problems in the corruption sphere.

Contributes to the removal of identified problems activities to form the legal field at the level of international communities various countries, in particular the Commonwealth Independent States(CIS).

During the existence of the Inter-Parliamentary Assembly (IPA) of the CIS, more than 200 model laws were adopted, with about 50 devoted to security issues, combating crime, construction and the powers of law enforcement agencies.

In the field of combating corruption at the CIS level, a number of documents have been prepared, including:

Agreement on cooperation between the CIS member states in the fight against crime;

Model Law “On Counteracting the Legalization (Laundering) of Illegally Obtained Incomes”;

Model Law “On Combating Corruption”;

Model law "On the Fundamentals of Legislation on Anti-Corruption Policy".

The United Nations Convention against Corruption is the first legally binding global anti-corruption instrument. It was adopted by resolution General Assembly UN No. 58/4 of October 31, 2003 and entered into force on December 14, 2005. Russia was among the first to sign it in December 2003 and ratified it on March 8, 2006.

In accordance with the Decree of the President of the Russian Federation of December 18, 2008 No. 1799, the Prosecutor General's Office of the Russian Federation is designated as the body responsible for implementing the provisions of the UN Convention against Corruption in all matters of mutual legal assistance, with the exception of civil law matters.

Representatives of the Prosecutor General's Office of the Russian Federation on an ongoing basis receive Active participation in the work of the Conference of the States Parties to the UN Convention against Corruption, the activities of the Intergovernmental working group on the review of the implementation of the UN Convention against Corruption, the Intergovernmental Working Group on the Prevention of Corruption and the Intergovernmental Working Group on Asset Recovery.

During these events, advanced methods of combating corruption, issues of preventing, detecting and suppressing the legalization of proceeds from corruption-related crimes, strengthening international cooperation in taking measures for the return of assets are discussed.

On the sidelines of these meetings, the work of the mechanism for reviewing the implementation of the provisions of the UN Convention against Corruption by the states parties in general, the results of the assessments of the countries' implementation of the provisions of the UN Convention against Corruption are also discussed.

In 2013, in relation to the Russian Federation, the first cycle of the review mechanism for the implementation of Chapters III "Criminalization and Law Enforcement" and IV "International Cooperation" of the UN Convention against Corruption was completed, as a result of which a report was prepared, published on the official website of the Prosecutor General's Office of the Russian Federation on the Internet.

According to UN experts, Russian legislation and practice of its application generally comply with global anti-corruption standards.

At the 6th session of the Conference of the States Parties to the UN Convention against Corruption (November 2015), the launch of the second cycle of the mechanism for reviewing the implementation of chapters II "Measures to prevent corruption" and V "Measures for the recovery of assets" of the UN Convention against Corruption was announced.

In addition, the Prosecutor General's Office of the Russian Federation, within the framework of joint project with the United Nations Office on Drugs and Crime (UNODC) organizes training workshops for government experts and contact points from various countries participating in the review mechanism of the implementation of the UN Convention against Corruption.

The first such workshop was organized in 2012. It was attended by representatives of the CIS countries, Central and of Eastern Europe. The results of the seminar were highly appreciated by both its participants and UNODC representatives.

The next seminar was held on the basis of the General Prosecutor's Office of the Russian Federation in June 2013. The geography of international cooperation was significantly expanded: 26 government experts from 22 countries of Europe, the CIS, as well as Africa, Asia and Latin America were trained.

In December 2014, the Prosecutor General's Office of the Russian Federation, in cooperation with UNODC, conducted a three-day regional training course for experts involved in the review of the implementation of the UN Convention against Corruption. The course was attended by representatives of the Administration of the President of the Russian Federation, the Prosecutor General's Office of the Russian Federation, UNODC and World Bank, as well as experts from Brunei, Botswana, East Timor, Vietnam, Iran, Malaysia, Mongolia, Kazakhstan, Tanzania, Zambia, the Philippines and South Korea.