Restrictions and prohibitions related to the state civil service. Fundamentals of civil service and personnel policy Restrictions and prohibitions in the state civil service

Restrictions are the conditions and rules established by the Constitution of the Russian Federation and other legal acts that place a civil servant within a certain legal framework, beyond which it is prohibited.

They are determined by the special legal regime of a civil servant and are intended to ensure his effective professional activities.

Ch. 3 tbsp. 16 Federal Law No. 79-FZ “On the State Civil Service of the Russian Federation”.

A citizen cannot be accepted into the civil service, and a civil servant cannot be in the civil service in the case of:

Reference:

Information about income - wages, cash in banks, securities;
- Information about property – real estate (apartment, house, cottage, garage), movable (car, boat, yacht);
- Information about property obligations.

All information is subject to verification, but the mechanism has not been worked out.

10) Loss of trust in a civil servant by a representative of the employer in cases of non-compliance with restrictions and prohibitions, requirements to prevent or resolve conflicts of interest and failure to fulfill the duties established for the purpose of combating corruption by this Federal Law, Federal Law N 273-FZ “On Combating Corruption” and others federal laws;
11) Recognition that he has not completed military service under conscription, without legal grounds for doing so, in accordance with the conclusion of the conscription commission (with the exception of citizens who have completed military service under a contract).

For comparison:

Federal Law N 119-FZ “On the Fundamentals of the Civil Service of the Russian Federation” imposed 12 restrictions on employees (FZ-79 – 11). Some have become prohibited, since this category did not exist before.

Federal Law No. 79-FZ “On the State Civil Service of the Russian Federation” removes some restrictions:

A civil servant has no right to engage in any other paid activity except pedagogical and scientific (according to the new law, an official is prohibited from engaging in entrepreneurship and commerce);
The clause prohibiting an official from receiving fees for publications and speaking as a civil servant has been deleted;
There was a ban on participation in strikes. Now it is prohibited to “stop performing official duties in order to resolve an official dispute” (which, in principle, is a strike);

The law on receiving remuneration has been adjusted. Now gifts received by employees at official events are recognized as Federal property (or of the subject) and, according to an act, are transferred to a state body. The ban on remuneration after an official's retirement has been lifted.

Special restrictions and prohibitions on service have been established for state civil servants (Articles 16 and 17 of the Federal Law “On the State Civil Service of the Russian Federation”). A civil servant cannot be accepted into the state civil service, and a civil servant cannot be in the civil service in the case of:

1) recognition of him as incompetent or partially capable by a court decision that has entered into legal force;

convicting him to a punishment that precludes the possibility of performing official duties in a civil service position, by a court verdict that has entered into legal force, as well as in the case of a criminal record that has not been expunged or expunged in accordance with the procedure established by federal law;

refusal to undergo the procedure for obtaining access to information constituting a state or other secret protected by federal law, if the performance of official duties in a civil service position for which a citizen is applying, or in a civil service position being filled by a civil servant involves the use of such information;

the presence of a disease that prevents entry into the civil service or its completion and confirmed by the conclusion of a medical institution;

close relationship or relationship (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents and children of spouses) with a civil servant, if filling a civil service position is associated with the direct subordination or control of one of them to the other;

renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state;

having citizenship of another state, unless otherwise provided by an international treaty of the Russian Federation;

submission of false documents or knowingly false information when entering the civil service;

failure to provide information established by law or providing knowingly false information about income, property and property-related obligations.

For civil servants, there are prohibitions related to civil service. A civil servant, for example, is prohibited from:

participate on a paid basis in the activities of the management body of a commercial organization, with the exception of cases established by federal law;

fill a civil service position in the event of:

• a) election or appointment to a public office;
• b) election to an elective position in a local government body;
• c) election to a paid elective position in the body of a trade union, including in the elected body of a primary trade union organization created in a state body; a civil servant is obliged to fully devote himself to public service, which ensures its effectiveness. A civil servant has no right to hold another position, to be a deputy of a legislative (representative) body of the Russian Federation, legislative (representative) bodies of constituent entities of the Russian Federation, or local government bodies. This prohibition is due to the requirement from a civil servant of complete dedication, to be in service constantly throughout the entire working time;

carry out business activities. Entrepreneurial activity is any independent initiative activity of civil servants, which is carried out on an ongoing basis through both personal performance of work and investment of funds in an enterprise in the forms provided for by law, and aimed at obtaining personal monetary income;

acquire, in cases established by federal law, securities from which income can be received;

be an attorney or representative for the affairs of third parties in the government agency in which he holds a civil service position, unless otherwise provided by federal laws. Representation is expressed in the activities of a representative performed on behalf of the represented. The representative acts on behalf and in the interests of the represented one (Article 182 of the Civil Code of the Russian Federation);

receive remuneration from individuals and legal entities in connection with the performance of official duties (gifts, monetary rewards, loans, services, payment for entertainment, recreation, transportation expenses and other remuneration). This prohibition does not deprive civil servants of the opportunity to receive symbolic signs of attention in accordance with generally recognized norms of politeness and hospitality, symbolic souvenirs during protocol or other official events;

travel outside the territory of the Russian Federation in connection with the performance of official duties at the expense of individuals and legal entities;

use, for purposes not related to the performance of official duties, means of logistics and other support, other state property, as well as transfer them to other persons;

disclose or use for purposes unrelated to the civil service, information classified as confidential information in accordance with federal law, or proprietary information that has become known to him in connection with the performance of official duties;

accept, without the written permission of the employer's representative, awards, honorary and special titles (with the exception of scientific ones) from foreign states, international organizations, as well as political parties, other public associations and religious associations, if his job responsibilities include interaction with these organizations and associations;

stop performing official duties in order to resolve an official dispute. Thus, a civil servant does not have the right to participate in strikes as a way to resolve problems arising in the public service system. The state and its bodies every day have many “external enemies” with which they are called upon to “fight”: disasters, earthquakes, fires, floods, military conflicts, crime, diseases, etc. If civil servants are allowed to go on strike, then the state will have “ internal enemy" capable of destroying statehood in an instant and causing disharmony in social and economic relations. A civil servant is warned upon entering the civil service about such a legal restriction and thus accepts it voluntarily;

use his official position in the interests of political parties, public, including religious, associations. This ban is directly related to the principle of non-partisan civil service. But it does not mean that civil servants are deprived of the right to join political parties and occupy leadership positions in them. They may hold different political views. One of the most important legal conditions ensuring compliance with the prohibition of a civil servant from using his official position in the interests of political parties is the prohibition on the formation in government bodies of structures of political parties, religious and public associations, with the exception of trade unions and some other public amateur bodies.

Thus, the state imposes restrictions and prohibitions on civil servants to ensure that the civil servant uses his official time more effectively in the interests of the state and society.

Legislation for the first time established a list of restrictions related to public service in the Russian Federation by the Regulations on the Federal Public Service, approved by the Decree of the President of the Russian Federation of December 22, 1993. A civil servant had no right to: hold another position in state bodies, local governments, enterprises, institutions, organizations and public associations; engage in business activities personally or through proxies; receive gifts, monetary and other remuneration from legal entities and citizens in connection with the performance of official powers, etc.

The restrictions established by the mentioned Regulations, with certain changes, are reflected in Article 11 of the Federal Law of July 31, 1995 “On the Fundamentals of the Civil Service of the Russian Federation”. Legislation on the civil service received its further development with the adoption of Federal Law No. 79 “On the State Civil Service of the Russian Federation”. This law developed the concept of organizing public service into three types: civil, police (law enforcement) and military. Now, according to Article 16 of Federal Law No. 79, the restrictions associated with public service look like this:

A citizen cannot be accepted into the civil service, and a civil servant cannot be in the civil service in the case of:

1) recognition of him as incompetent or partially capable by a court decision that has entered into legal force;

2) his conviction to a punishment that excludes the possibility of performing official duties in a position of state service (civil service), by a court verdict that has entered into legal force, as well as in the case of a criminal record that has not been expunged or expunged in accordance with the procedure established by federal law;

3) refusal to undergo the procedure for obtaining access to information constituting state and other secrets protected by federal law, if the performance of official duties in a civil service position for which a citizen is applying, or in a civil service position being filled by a civil servant involves the use of such information;

4) the presence of a disease that prevents entry into the civil service or its passage and confirmed by the conclusion of a medical organization. The procedure for undergoing medical examination, the list of such diseases and the form of conclusion of the medical organization are established by the federal executive body authorized by the Government of the Russian Federation;

5) close relationship or relationship (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with a civil servant, if filling a civil service position is associated with the direct subordination or control of one of them to another ;

6) renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state;

7) having citizenship of another state (other states), unless otherwise provided by an international treaty of the Russian Federation;

8) submission of false documents or knowingly false information when entering the civil service;

9) failure to provide information established by law or provision of knowingly false information about income, property and property-related obligations when entering the civil service;

10) loss by the employer’s representative of trust in a civil servant in cases of non-compliance with restrictions and prohibitions, requirements to prevent or resolve conflicts of interest and failure to fulfill the duties established for the purpose of combating corruption by this Federal Law, Federal Law of December 25, 2008 N 273-FZ "On Anti-Corruption" and other federal laws.

The literature indicates the purpose of prohibitions (ensuring effective professional activities in the execution of the powers of government bodies, establishing obstacles to possible abuse of civil servants, guaranteeing the exercise of civil rights by employees), which is fully applicable to restrictions. With the entry into force of Federal Law No. 79 of July 27, 2004, the legal regulation of restrictions and prohibitions related to the state civil service received a new impetus.

One of the traditional restrictions imposed on a citizen who wishes to be hired into the state civil service, as well as a state civil servant in the civil service, is the recognition of him as incompetent or partially capable by a court decision that has entered into legal force. As noted in the literature, the figure of a worker combines two qualities: the actual ability to work as a conscious, purposeful and volitional activity; the ability through one’s actions to acquire, change and terminate subjective rights and legal obligations arising in connection with the realization of one’s ability to work, and to bear legal responsibility. If a citizen, due to a mental disorder, cannot understand the meaning of his actions or control them, then he may be declared incompetent by the court. Civil Code of the Russian Federation of November 30, 1994 N 51-FZ: according to comp. as of April 6, 2015 // Collection of legislation of the Russian Federation. - 1994. - N 32. - Art. 3301.

A case for declaring a citizen incompetent due to a mental disorder can be initiated in court on the basis of an application from members of his family, close relatives (parents, children, brothers, sisters), regardless of their joint residence, the guardianship and trusteeship authority, a psychiatric or psychoneurological institution. A citizen who, due to the abuse of alcoholic beverages or drugs, puts his family in a difficult financial situation, may be limited by the court in his legal capacity. A case of restricting a citizen’s legal capacity due to alcohol or drug abuse can be initiated on the basis of an application from members of his family, a guardianship and trusteeship authority, a psychiatric or psychoneurological institution. If a civil servant is recognized as incompetent or partially capable, the service contract is terminated, the civil servant is released from the civil service position being filled and dismissed from the civil service in accordance with Federal Law No. 79. Conviction of a citizen who wishes to be accepted into the state civil service, as well as a state civil servant who is on civil service, to a punishment that precludes the possibility of performing official duties in a state civil service position, by a court verdict that has entered into legal force, as well as the presence of a criminal record that has not been expunged or expunged in accordance with the procedure established by federal law is also a restriction of the right to equal access to public service and being in it.

A person wishing to enter the state civil service must confirm the fact that he has not been sentenced to a punishment that precludes the possibility of performing official duties in a state civil service position, as well as the absence of a criminal record that has not been expunged or expunged in accordance with the procedure established by federal law. To do this, a negative answer is given in a questionnaire to be submitted to the government body by a citizen of the Russian Federation who has expressed a desire to participate in the competition for a vacant position in the state civil service of the Russian Federation, the form of which was approved by order of the Government of the Russian Federation F dated May 26, 2005, in accordance with the Decree President of the Russian Federation dated February 1, 2005 “On the competition to fill a vacant position in the state civil service of the Russian Federation” Decree of the President of the Russian Federation dated February 1, 2005 N 112 “On the competition to fill a vacant position in the state civil service of the Russian Federation”: according to comp. as of March 19, 2014 // Collection of legislation of the Russian Federation. - 2005. - N 6. - Art. 439. . However, it should be recognized that the wording of this paragraph is incorrect, because Information is requested on whether a citizen of the Russian Federation who wishes to participate in the competition has ever been convicted. Formally, having a criminal record in the past is not a limitation for entering the state civil service, which also follows from the provisions of criminal law. In accordance with Article 86 of the Criminal Code of the Russian Federation, expungement or expungement of a criminal record cancels all legal consequences associated with a criminal record. At the same time, in practice, it cannot be ruled out that the presence of an expunged or expunged criminal record will influence the decision of the competition commission. Meanwhile, personal data cannot be used to cause property and moral harm to citizens, or to impede the exercise of the rights and freedoms of citizens of the Russian Federation.

Taking into account the above, the wording of paragraph 9 of the application form to be submitted to the state body by a citizen of the Russian Federation who has expressed a desire to participate in the competition for a vacant position in the state civil service of the Russian Federation needs to be changed.

Refusal to undergo the procedure for obtaining access to information constituting state and other secrets protected by federal law, if the performance of official duties in a civil service position for which a citizen is applying, or in a civil service position being filled by a civil servant involves the use of such information, is the following restriction . Other secrets protected by federal law include:

1. Information about the facts, events and circumstances of a citizen’s private life, allowing his personality to be identified (personal data), with the exception of information that is subject to dissemination in the media in cases established by federal laws.

2. Information constituting the secret of investigation and legal proceedings.

3. Official information, access to which is limited by government authorities in accordance with the Civil Code of the Russian Federation and federal laws (official secrets).

4. Information related to professional activities, access to which is limited in accordance with the Constitution of the Russian Federation and federal laws (medical, notary, lawyer, audit, banking, tax secrets, confidentiality of correspondence, telephone conversations, postal items, telegraphic or other messages, the secret of adoption, the secret of a will, and so on).

5. Information related to commercial activities, access to which is limited in accordance with the Civil Code of the Russian Federation and federal laws (trade secrets).

6. Information about the essence of the invention, utility model or industrial design before the official publication of information about them.

It should be noted that in relation to a civil servant, refusal to undergo the procedure for obtaining access to information constituting state and other secrets protected by federal law, if the performance of official duties for a civil service position filled by a civil servant involves the use of such information, if the employee knew about it , should be recognized as a failure to fulfill official duties by analogy with the refusal to enter into a written agreement on full financial responsibility for the shortage of property entrusted to employees, in the case where it was not concluded simultaneously with the employment contract.

An obstacle to entering or completing the civil service is a certain disease, the presence of which is confirmed by the conclusion of a medical institution. The procedure for undergoing medical examination, the list of diseases and the form of conclusion of the medical institution are established by the Government of the Russian Federation.

The practice of approving a list of diseases that prevent entry into the civil service or its completion comes down to the fact that they are approved for certain categories of workers, or for certain types of professional activities. Submission of forged documents or knowingly false information when entering the civil service serves as another restriction for a citizen wishing to be accepted into the state civil service, as well as for a state civil servant in the civil service. It is necessary to agree with the opinion expressed in the literature that this circumstance may serve as a basis for refusal to accept the civil service or refusal to be in the civil service, provided that the actual information and documents that the employee was obliged to submit could become the basis for refusal to acceptance into the civil service and concluding a service contract.

It should be noted that Federal Law No. 79 twice mentions the submission of forged documents or the communication of knowingly false information: in Article 16 as a restriction that, in theory, objectively does not allow a citizen to be accepted into the state civil service, and a civil servant to be in it, and in Article 37 as a basis for termination of a service contract, release of an employee from the position being filled and dismissal from the state civil service, which can be used by a representative of the employer. The only difference is that in the first case, the submission of forged documents or the reporting of knowingly false information must be carried out when entering the civil service, the procedure for which is formally regulated by Chapter 4 of the Federal Law No. 79 “Admission to the Civil Service”, and when committing this act to a citizen who wants to be accepted into the civil service, and a state civil servant who is in the civil service must be denied entry into it, and in the second case, the submission of forged documents or the reporting of knowingly false information must be carried out when concluding a service contract, the procedure of which is regulated by Chapter 5 "Service Contract ", and which may serve as a basis for termination of the service contract, release of the employee from the position being filled and dismissal from the state civil service. It seems that the submission of false documents or deliberately false information when entering the civil service is not a restriction for the following reasons:

1) when submitting the specified documents or information that relate to age, citizenship of the Russian Federation, qualification requirements (to the level of professional education, length of service in the state civil service or work experience (experience) in the specialty, to professional knowledge and skills), compliance with restrictions, refusal in admission to the state civil service should, first of all, be based on non-compliance with the qualification requirements for a vacant position in the civil service, on the presence of restrictions established by the legislation of the Russian Federation on the state civil service, which objectively impede entry into the service or stay in it, etc.

2) in case of discovery of the fact of submission of forged documents or knowingly false information when entering the civil service or concluding a service contract in relation to a person already in the service, subsequent termination of the service contract, release of the employee from the position being filled and dismissal from the state civil service are carried out at the discretion of representative of the employer, i.e. It is obvious that this fact in itself is not a circumstance that objectively prevents entry into the civil service or being in it.

It is noteworthy that the submission of forged documents or knowingly false information when entering the state civil service according to the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation” was not a restriction. Federal Law No. 79 also contains, as a limitation, the failure by a citizen wishing to be hired for the state civil service, as well as by a civil servant, to provide information established by Federal Law No. 79 or the submission of knowingly false information about income, property and property-related obligations. In accordance with Article 20 of this federal law, a citizen upon entering the civil service, as well as a civil servant annually, no later than April 30 of the year following the reporting year, provide the employer's representative with information on income, property and property-related obligations. The provision on the provision of information on the income received by a civil servant and property owned by him, which are objects of taxation, on the obligations of a property nature of a civil servant is approved accordingly by the decree of the President of the Russian Federation and the regulatory legal act of the subject of the Russian Federation. The list of income that is subject to taxation is established in Article 209 of the Tax Code of the Russian Federation Tax Code of the Russian Federation of July 31, 1998 N 146-FZ: according to comp. as of May 2, 2015 // Collections of legislation of the Russian Federation. - 1998. - N 31. - Art. 3824. . Property that is subject to taxation includes:

1) cars, motorcycles, scooters, buses and other self-propelled machines and mechanisms on pneumatic and caterpillar tracks, airplanes, helicopters, motor ships, yachts, sailing ships, boats, snowmobiles, motor sleighs, motor boats, jet skis, non-self-propelled (towed vessels) and others water and air vehicles (Article 359 of the Tax Code of the Russian Federation);

2) land plots located within the municipality (federal cities of Moscow and St. Petersburg) (Article 389 of the Tax Code of the Russian Federation);

3) residential buildings, apartments, dachas, garages and other buildings, premises and structures.

The concept of “obligation of a property nature” is not disclosed in Federal Law No. 79.

Federal laws for certain categories of employees establish other restrictions related to entry into the civil service and its completion. For example, a person cannot be accepted into service in the bodies and institutions of the prosecutor's office and remain in the specified service if he has had or has a criminal record.

Restrictions and prohibitions in the civil service are established by Articles 16 and 17 of this document.

Restrictions related to state civil service

Filtering candidates for civil service begins at the selection level. According to existing requirements, an applicant for a vacant position must:

• reach the age of 18 years;
• know Russian;
• be a citizen of the Russian Federation;
• meet the necessary qualification requirements.

A civil servant cannot hold a position in government agencies, and a candidate cannot apply for a job, if:

• he is declared incompetent;
• he is convicted and has an outstanding criminal record;
• refused to undergo the procedure for access to information that is a state secret;
• has a disease that prevents the performance of official duties;
• relatives are superiors or subordinates;
• renounced Russian citizenship or acquired foreign citizenship;
• provided false documents and information;
• lost the trust of the employer;
• did not perform military service without legal grounds.

While serving in the civil service, employees are prohibited from:

• disclose information obtained in the course of performance of official duties;
• engage in entrepreneurial activities, both personally and through proxies;
• work in elective positions in local government bodies;
• purchase securities on which income can be received;
• receive remuneration from individuals and legal entities for the performance of official duties;
• travel outside the Russian Federation as part of the performance of official duties at the expense of individuals and legal entities;
• use material and technical means and property for extraneous purposes, as well as transfer them to third parties;
• accept awards from representatives of foreign states and other religious, public and political figures without the permission of the employer.

The full list of prohibitions is contained in Article 17.

How compliance with prohibitions is checked

The suitability of the candidate and existing employees is checked on the basis of the documents they provide, as well as an analysis of the information available to government agencies. For example, according to Articles 20 and 20.1, candidates and employees must provide information about the income and expenses of their own, as well as close relatives. Refusal to provide this data is grounds for termination of the contract.

Liability for non-compliance

For violation of prohibitions and restrictions, liability is provided, which is determined depending on the type of offense. For disciplinary violations, according to Article 57, the following penalties are provided:

• comment;
• rebuke;
• warning about incomplete job compliance;
• dismissal from the civil service.

More serious offenses are classified according to the following regulations:

• Article 15 of the Civil Code of the Russian Federation “Compensation for losses”;
• Article 1069 of the Civil Code of the Russian Federation “Liability for damage caused by state bodies, local government bodies, as well as their officials”;
• “The obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract”;
• Article 2.4 of the Code of Administrative Offenses “Administrative Responsibility of Officials”;
• Chapter 30 of the Criminal Code of the Russian Federation “Crimes against state power, the interests of public service and service in local government bodies.”

This list is not complete, but the general trend in the field of punishment for violating prohibitions in the civil service is that the punishment can be a disciplinary sanction, a fine, compensation for damages, as well as imprisonment, depending on the severity of the offense.

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Article 16. Restrictions related to civil service

The commented article contains a list of restrictions in the field of civil service, and this list is not exhaustive. As stated in Part 2 of the article, other restrictions may be established, but only by federal laws.

1. The first limitation established by the commented article is the recognition of a citizen as incompetent or partially capable.

In accordance with Art. 21 of the Civil Code of the Russian Federation, the legal capacity of a citizen is the ability of a citizen, through his actions, to acquire and exercise civil rights, to create civil responsibilities for himself and to fulfill them (civil capacity). As a general rule, legal capacity arises in full with the onset of adulthood, that is, upon reaching the age of eighteen. The inadmissibility of depriving and limiting the legal capacity of a citizen means that no one can be limited in legal capacity except in cases and in the manner prescribed by law. Such cases and, accordingly, the indication of “order” are established by Art. 29 and 30 Civil Code of the Russian Federation:

a citizen who, due to a mental disorder, cannot understand the meaning of his actions or manage them, may be declared incompetent by the court in the manner established by civil procedural legislation;

a citizen who, due to the abuse of alcoholic beverages or drugs, puts his family in a difficult financial situation, may be limited by the court in legal capacity in the manner established by civil procedural legislation.

2. The conviction of a citizen to a punishment that precludes the possibility of performing official duties under a court verdict that has entered into legal force, as well as the presence of an unexpunged or unexpunged criminal record is another limitation.

A person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. A person released from punishment is considered to have no criminal record.

A criminal record is a limitation of the legal status of a citizen, which is caused by the fact of his conviction by a court verdict to a certain measure of a criminal law nature, and provides for unfavorable social and criminal legal consequences for him. One of these unfavorable consequences is the restriction on admission (stay) in the civil service.

A criminal record can be terminated in two ways: automatically expunged or vacated by the court.

Expungement of a criminal record means the automatic termination of the consequences of a criminal record, upon expiration of the periods established by law, calculated after serving the sentence, which does not require any “official” confirmation.

Expungement of a criminal record means the annulment of the criminal legal consequences of a criminal record before the expiration of the statutory expiration dates, if the convicted person behaved impeccably after serving his sentence. In this case, the court decides the issue of early expungement of a criminal record at the request of the convicted person or the state body monitoring his behavior. A criminal record can be cleared ahead of schedule and on the basis of acts of amnesty and pardon.

Expungement or expungement of a criminal record cancels all legal consequences associated with a criminal record.

3. In some cases, the performance of official duties involves the use of information constituting a state secret, which requires access to such information. The legislator considers refusal to undergo the appropriate procedure for obtaining access to the specified information as a restriction related to admission and (or) being in the public service.

The current Law of the Russian Federation of July 21, 1993 N 5485-1 “On State Secrets” (as amended on December 1, 2007) establishes that state secrets constitute (Article 5) certain:

1) information in the military field;

2) information in the field of economics, science and technology;

3) information in the field of foreign policy and economics;

4) information in the field of intelligence, counterintelligence and operational investigative activities.

At the same time, access to state secrets for officials and citizens of the Russian Federation is carried out on a voluntary basis and provides, in particular:

accepting obligations to the state to not disseminate information entrusted to them that constitutes state secrets;

consent to partial, temporary restrictions on their rights, for example the right to travel abroad for a specified period, the right to privacy during verification activities during the period of obtaining access to state secrets, carried out with the written consent of the citizen by the authorized bodies;

determination of the types, amounts and procedure for providing social guarantees provided for by this Law.

For officials and citizens admitted to state secrets on a permanent basis, the following social guarantees are established:

percentage increases in wages depending on the degree of secrecy of the information to which they have access;

preemptive right, other things being equal, to remain at work when government bodies, enterprises, institutions and organizations carry out organizational and (or) staffing measures.

In accordance with the Regulations on the procedure for admitting persons with dual citizenship, stateless persons, as well as persons from among foreign citizens, emigrants and re-emigrants to state secrets, approved by Decree of the Government of the Russian Federation of August 22, 1998 N 1003 (as amended from 22, May 27, 2008), persons with dual citizenship obtained in accordance with the Law of the RSFSR “On Citizenship of the RSFSR” are admitted to state secrets in the manner prescribed for officials and citizens of the Russian Federation.

4. The presence of a disease that prevents entry into the civil service or its completion is associated with the approval of their list, the form of the conclusion of the medical institution, as well as the establishment of a procedure for undergoing medical examination, which are still missing.

5. Close relationship or quality of civil servants is a limitation only in the direct subordination or control of one of the civil servants to another.

6. Restrictions such as renunciation of Russian citizenship or acquisition of citizenship of another state are interconnected; presence of citizenship of another state (other states), unless otherwise provided by an international treaty of the Russian Federation.

Federal Law of May 31, 2002 N 62-FZ “On Citizenship of the Russian Federation” (as amended on June 28, 2009) establishes (Article 3) that citizenship of the Russian Federation is a stable legal connection of a person with the Russian Federation, expressed in the aggregate their mutual rights and obligations.

Russian citizenship is acquired:

a) by birth;

b) as a result of admission to Russian citizenship. Foreign citizens and stateless persons who have reached the age of eighteen and have legal capacity have the right to apply for admission to Russian citizenship subject to the conditions specified by Federal Law;

c) as a result of restoration of citizenship of the Russian Federation and on other grounds provided for by Federal Law or an international treaty of the Russian Federation.

Citizenship of the Russian Federation is terminated as a result of renunciation of Russian citizenship on the basis of the voluntary expression of will of such a person and on other grounds provided for by Federal Law or an international treaty of the Russian Federation.

Part 1 art. 62 of the Constitution of the Russian Federation establishes that a citizen of the Russian Federation can have dual citizenship in accordance with federal law or an international treaty of the Russian Federation, i.e. Dual citizenship is recognized for a citizen only if a corresponding international treaty has been concluded with the foreign state of which he is a citizen. It should be noted that Article 6 of the Federal Law on Citizenship directly states that a citizen of the Russian Federation who also has another citizenship is considered by the Russian Federation only as a citizen of the Russian Federation, with the exception of cases provided for by an international treaty of the Russian Federation or federal law.

7. Establishing as one of the restrictions such actions as submitting false documents or knowingly false information when entering the civil service is quite justified and understandable. At a minimum, the decision to hire a civil servant must be made on the basis of objective data that could not be obtained from forged documents or deliberately false information.

8. Failure to comply with restrictions, violation of prohibitions and failure to fulfill obligations established by the Federal Law “On Combating Corruption” of December 25, 2008 N 273-FZ.

This Federal Law defines corruption as abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services. of a property nature, other property rights for oneself or for third parties, or the illegal provision of such benefits to the specified person by other individuals.

Prevention of corruption is carried out by applying a number of measures, for example:

presenting, in the manner prescribed by law, qualification requirements for citizens applying for state or municipal positions and positions in the state or municipal service, as well as checking, in the prescribed manner, the information provided by these citizens;

establishing as a basis for the dismissal of a person holding a position in a state or municipal service included in the list established by regulatory legal acts of the Russian Federation from the position being filled in a state or municipal service or for the application of other legal liability measures against him for his failure to provide information or the provision of knowingly false or incomplete information about their income, property and property-related obligations, as well as providing knowingly false information about the income, property and property-related obligations of their spouse and minor children.

At the same time, the main areas of activity of government bodies to increase the effectiveness of anti-corruption efforts are:

1) unification of rights and restrictions, prohibitions and obligations established for civil servants, as well as for persons holding government positions in the Russian Federation;

2) improving the procedure for performing state and municipal service;

3) ensuring integrity, openness, fair competition and objectivity when placing orders for the supply of goods, performance of work, provision of services for state or municipal needs;

4) elimination of unjustified prohibitions and restrictions, especially in the field of economic activity;

5) improving the procedure for using state and municipal property, state and municipal resources (including when providing state and municipal assistance), as well as the procedure for transferring rights to use such property and its alienation;

6) increasing the level of remuneration and social protection of state and municipal employees.

A separate Federal Law regulates the obligation of state (and municipal) employees to provide information on income, property and property-related obligations. At the same time, it is stated that failure by a citizen, upon entering the state or municipal service, to the representative of the employer (employer) of information about his income, property and property-related obligations, as well as about the income, property and property-related obligations of his wife (husband) and minor children, or submission of knowingly false or incomplete information is grounds for refusal to admit the specified citizen to the state or municipal service. Failure of a state or municipal employee to fulfill the above obligation is an offense entailing the release of the state or municipal employee from the position of state or municipal service being filled or bringing him to other types of disciplinary liability in accordance with the legislation of the Russian Federation.

It is advisable to pay attention to such an obligation of state (and municipal) employees as the obligation to notify the representative of the employer (employer), the prosecutor's office or other government bodies about all cases of any person contacting him in order to induce him to commit corruption offenses, which is an official duty (official) duty of a state or municipal employee. Failure to fulfill such official (official) duties is an offense entailing his dismissal from state or municipal service or bringing him to other types of liability in accordance with the legislation of the Russian Federation.

It should be noted that restrictions are imposed on the “future” activities of a civil servant, which is in fact a ban (see commentary to Article 17). Thus, a citizen who has held positions in the state (or municipal) service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after dismissal from the state (or municipal) service has the right to fill positions in commercial and non-profit organizations, if certain functions of state data management organizations were part of his official duties, with the consent of the relevant commission for compliance with the requirements for official conduct of state civil servants of the Russian Federation and the resolution of conflicts of interest. A citizen who has held positions in the state (or municipal) service, the list of which is established by regulatory legal acts of the Russian Federation, within two years after dismissal from the state or municipal service is obliged, when concluding employment contracts, to inform the representative of the employer (employer) information about his last place of service.