City administration
of Chelyabinsk
official site
Online desk

Switch to Russian version
and ask a question

You are here

System of a ban and the restrictions set for public servants

System of a ban and the restrictions set for public servants.

Specifics of functioning of public service, order of its passing predetermine special legal status of the public civil servants. Therefore, regulating a legal status of the public civil servants, an order of revenues to the public civil service and its passings, the state has the right to establish in this sphere and special rules (restrictions), but strictly caused by measures of ensuring balance constitutionally of the protected values and interests.

Legal restriction - the special order of realization of the rights and freedoms established by the legislation directed on deduction of the corresponding public relation in strictly limited framework beyond which limits it is not possible to go, and, therefore, to break them.

Legal ban - the legal impossibility of commission of the certain actions established by the legislation (which are actually represented possible) able to do harm to both personal, and public interests, under the threat of application of responsibility in case of violation of the conditions provided by the relevant precept of law.

Main objectives of establishment of a ban and restrictions are: ensuring due development and functioning of all social system; guaranteeing full implementation by the public civil servants of basic rights and freedoms of the person; ensuring effective functioning of the public civil service; minimizing of opportunities of use by the public civil servants of the office powers to the detriment of the state, society; creation of conditions for independent state office activity of civil servants.

According to article 16, 17 Federal Law of 27.07.2004 No. 79 - Federal Laws "About the Public Civil Service" for the public civil servants are set the following restrictions and a ban:

1. The citizen cannot be accepted on civil service, and the civil servant cannot be on civil service in a case:

1) recognitions its incapacitated or it is limited by the capable judgment which entered into force;

2) his condemnations to the punishment which is excluding possibility of execution of functions on a position of public service (civil service), under sentence of court, entered into force, and also in case of existence not removed or not extinguished in the criminal record order established by the federal law;

3) refusal of passing of procedure of registration of the admission to the data which are the state and protected by the federal law other secret if execution of functions on a position of civil service for which replacement the citizen applies, or on the position of civil service replaced by the civil servant is connected with use of such data;

4) the existence of the disease interfering revenues to civil service or its passing and confirmed with the conclusion of medical institution;

5) close relationship or property (parents, spouses, children, brothers, sisters, and also brothers, sisters, parents, children of spouses and the spouse of children) with the civil servant if replacement of a position of civil service is connected with direct subordination or a submission to control of one of them to another;

6) an exit from citizenship of the Russian Federation or acquisition of nationality of other state;

7) existence of nationality of other state (other states) if other is not provided by the international treaty of the Russian Federation;

8) submissions of false documents or obviously false data at revenues to civil service;

9) non-presentations of the data established by the present Federal law or submissions of obviously false data on the income, about property and obligations of property character at revenues to civil service;

10) losses by the representative of the employer of trust to the civil servant in cases of non-compliance with restrictions and a ban, requirements about prevention or about a settlement of conflicting interests and non-executions of the duties established for corruption counteraction by the specified Federal law, the Federal law of December 25, 2008 N 273-FZ "About corruption counteraction" and other federal laws.

2. Due to the passing of civil service it is forbidden to the civil servant:

1) to participate on a paid basis in activity of governing body of the commercial organization, except for the cases established by the federal law;

2) to replace a position of civil service in a case:

a) elections or appointments to the state position;

b) elections on an elective office in local government;

c) elections on the paid elective office in body of labor union, including in electoral body of primary trade-union organization created in government body;

3) to carry out business activity;

4) to get in the cases established by the federal law, securities on which income can be gained;

5) to be the attorney or the representative for the third parties in government body in which it replaces a position of civil service if other is not provided by the present Federal law and other federal laws;

6) to earn in connection with execution of functions rewards from natural and legal entities (gifts, a reward, loans, services, payment of entertainments, rest, transportation costs and other remunerations). The gifts received by the civil servant in connection with hospitality events with official journeys and with other official actions, admit respectively federal property and property of the subject of the Russian Federation and are transferred to civil servants under the act to government body in which it replaces a position of civil service, except for the cases established by the Civil code of the Russian Federation. The civil servant who handed over the gift received by it in connection with hospitality event, official journey or other official action can redeem it in the order established by regulations of the Russian Federation;

7) to leave in connection with execution of functions out of limits of the territory of the Russian Federation at the expense of means of natural and legal entities, except for the official journeys which are carried out according to the legislation of the Russian Federation by agreement of government bodies of the Russian Federation, government bodies of subjects of the Russian Federation or municipal bodies with the government or municipal bodies of the foreign states, the international or foreign organizations;

8) to use for, the functions which are not connected with execution, means of material and other providing, other state property, and also to transfer them to other persons;

9) to disclose or use for, not connected with civil service, the data carried according to the federal law to data of confidential character, or office information, which became to it known in connection with execution of functions;

10) to allow public statements, judgments and estimates, including in mass media, concerning activity of government bodies, their heads, including decisions of higher government body or government body in which the civil servant replaces a position of civil service if it does not belong to his functions;

11) to accept without written permission of the representative of the employer of an award, honorary and special titles (except for scientific) the foreign states, the international organizations, and also political parties, other public associations and religious associations if interaction with the specified organizations and associations belongs to his functions;

12) to use advantages of official capacity to pre-election campaign, and also to propaganda concerning a referendum;

13) to use powers of office in interests of political parties, other public associations, religious associations and other organizations, and also publicly to express the relation to the specified associations and the organizations as the civil servant if it does not belong to his functions;

14) to create in government bodies of structure of political parties, other public associations (except for labor unions, veteran and other bodies of public amateur performance) and religious associations or to promote creation of the specified structures;

15) to stop execution of functions for settlement of office dispute;

16) to be a part of governing bodies, the trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating in the territory of the Russian Federation if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation;

17) to be engaged without written permission of the representative of the employer in the paid activity financed only by means of the foreign states, the international and foreign organizations, foreign citizens and stateless persons if other is not provided by the international treaty of the Russian Federation or the legislation of the Russian Federation.

1.1. The civil servant, his spouse (spouse) and minor children is forbidden to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation to own and use foreign financial instruments in the cases provided by the Federal law "About a ban to separate categories of persons to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation to own and use foreign financial instruments".

2. In case possession of the civil servant of securities, actions (shares, shares) brings in the authorized (depository) capitals of the organizations or can lead to the conflict of interests, the civil servant is obliged to transfer the securities belonging to it, stocks (shares, shares in the authorized (depository) capitals of the organizations) in trust management according to the civil legislation of the Russian Federation.

3. The citizen after dismissal from civil service has no right to disclose or use in interests of the organizations or natural persons of data of confidential character or office information, become to it known in connection with execution of functions.

3.1. The citizen replacing the position of civil service included in the list of positions established by regulations of the Russian Federation, within two years after dismissal from civil service of the relevant commission on observance of requirements to office behavior of the public civil servants having no right without consent and to settlement of the conflicts of interests to replace on the terms of the employment contract of a position in the organization and (or) to perform in this organization work (to render to this organization services) on the terms of the civil contract (civil contracts) in the cases provided by federal laws if separate functions of public administration by this organization belonged to official (office) duties of the civil servant. The consent of the relevant commission on observance of requirements to office behavior of civil servants and to settlement of the conflicts of interests is given in the order established by regulations of the Russian Federation.

The additional restrictions imposed on the citizen replacing a position of public service at the conclusion by him the employment contract are provided in article 12 Federal Law "About Corruption Counteraction":

"within two years after dismissal from the public or municipal service has the right to replace positions in commercial and non-profit organizations if separate functions of public administration by these organizations belonged to official (office) duties of the public or municipal servant, with the consent of the relevant commission on observance of requirements to office behavior of the public civil servants of the Russian Federation and a settlement of conflicting interests which is given in the order established by regulations of the Russian Federation;

within two years after dismissal from the public or municipal service it is obliged to report at the conclusion of employment contracts to the employer's representative (employer) data on the last place of the service. Non-compliance with this requirement attracts the termination of the employment contract signed with the specified citizen.

The duty in ten-day time to report about the conclusion of such contract to the employer's representative (employer) of the public or municipal servant in the last place of its service in the order established by regulations of the Russian Federation is assigned to the employer". Non-performance of this duty involves responsibility according to Art. 19.29 of the Code of the Russian Federation on Administrative Offences and attracts imposing of an administrative penalty on citizens at the rate from two thousand to four thousand rubles; on officials - from twenty thousand to fifty thousand rubles; on legal entities - from hundred thousand to five hundred thousand rubles.

 

Deputy prosecutor of Chelyabinsk

junior adviser of justice O. A. Chubuk