Organizational and Legal Mechanism of Dismissing Civil Servants for Loss of Trust Caused by Corruption Crimes
Abstract
Gurinovich Alexander - Professor, Department of Theory of Law and Comparative Law, National Research University Higher School of Economics. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: gurinovich_ag@vsrf.ru.
The article deals with the application of the legal norms introduced late in 2011 to regulate the dismissal of state servants due to the lack of confidence for corruption subject to article 59.2 of the federal law On the State Service of the Russian Federation. Such a research has been carried out for the first time and does not have analogues in Russian jurisprudence. The article stresses procedural components which should be taken into account by legal and HR departments of state bodies when developing a road map for implementing such legal instructions. The article scrutinizes complicated and ambiguous major normative acts regulating the examination by HR departments to reveal illegal actions and specifying the order of considering the results by the commission of the state body supervising the implementation of the requirements to the conduct of state servants and settling conflicts of interest. As the federal legal acts do not contain specific purposes of such examinations and the tools have been only outlined, the article examines them. Due to the lack of clarity as to the matters of compiling a report on the results of the investigation, the article proposes its model. The choice of the formal explanation in the employee’s track record has been explained, which does not have a single attitude in HR and legal departments of state bodies. As the legislation provides for appealing to court due to resignation, the article analyzes some characteristic judgements and designs recommendations how to interpret a certain limitation, ban, obligation or requirement the nonperformance of which by a state servant makes up a disciplinary case with corruption elements., which should be kept in mind if an issue arises.
