Corruption have spread out collectingsSigned by president Dmitry Medvedev last week National strategy and the new two-year National plan of counteraction of corruption have already started to be carried out. The centre of strategic workings out at the government (TSSR) has prepared amendments for the bill “ About the state civil service “ providing implementation of one of point of strategy on inevitability of disciplinary punishment of officials for corruption offences. Experts TSSR also have correlated corruption acts with kinds of punishments. Incorrigible korruptsionery will receive the wolf ticket.
in point “ e “ section of V National strategy where mechanisms of its realisation are described, it is written down that it is realised including “ by maintenance of inevitability of responsibility for corruption offences “. Experts TSSR repeatedly specified that one of essential blanks of the law “ About the state civil service “ that it does not provide such inevitability is just. In item 57 “ Summary punishments “ it is said that “ for minor offence fulfilment, that is for default or inadequate execution by the civil servant of the functions assigned to it “ the heads “ has the right “ to apply summary punishments. In functions of the employee, according to the law, the duty " enters also; not to make the actions connected with influence of any personal, property (financial) and other interests, functions interfering diligent execution “. Thus, and for corruption acts no inevitability of punishment is present. In this connection experts TSSR suggest to replace words “ has the right “ on a word “ it is obliged “. As has explained “ “ One of authors of amendments, the director of department of administrative reform TSSR Vladimir Juzhakov, “ the present formulation actually allows the head not to apply to the guilty subordinate summary punishment even then when it not only knew about its offence, including corruption but also when this offence is confirmed by office check “.
Moreover, according to the expert, the present formulation of the law in itself korruptsiogenna as except impunity of corruption acts of officials creates additional corruption factors, for example, possibility of reception of a bribe the head that it will shut eyes to offence. There are also other, not less dangerous consequences - “ inexhaustible possibilities of indulgence to minor offences in exchange for loyalty “. As a result, according to experts if not to change the law formulation it will be and to promote further “ To existence of mutual responsibility and tolerance to corruption in enforcement authorities “.
item 57 of the law on civil service have also the second blank aggravating all corruption consequences. To the discretion of heads it is given not only the decision on disciplinary punishment imposing on the official, but also a punishment kind - from the simple remark, reprimand and the prevention of incomplete official conformity before transfer into other post. Differentiations of measures of summary punishment depending on weight of offence in the law are not present, incomplete criteria are established only for dismissal cases. That the law guaranteed to officials inevitability of summary punishments for offences, including especially rigid for offences of corruption character, authors of amendments suggest to describe in detail in the law, what punishments are due for what actions to officials, and punishments for corruption offences to take out in separate article.
Meanwhile experts TSSR have decided that for unitary offence “ corruption character “ the official should be reprimanded, for fulfilment repeated within one year - the prevention of incomplete official conformity. If, despite the prevention, the official within a year does not think again, it will translate on other post. And if and after that within a year he does not calm down (for example, will be on - former to take bribes) it will dismiss. Thus the official who has hidden that it makes decisions in a situation of the conflict of personal and office interests, with reprimand will not get off. Moreover, authors of amendments offer, that corruption offences did not pass completely for career of officials. The officials caught and punished for corruption offences within a year after offence cannot be promoted on service, cannot be certified, cannot receive a class rank and promotion. It is offered to deprive in general of the right to work state employees of those officials who has been dismissed for the corruption offences, three years on end more three times received summary punishment “ for rough or regular infringement of anticorruption standards “ or has broken requirements to behaviour after civil service end (the law on civil service imposes a number of restrictions on the former officials).
it is not excluded that developed TSSR amendments will be soon brought in the State Duma or deputies, or the government. Last week in the Duma have supported offered TSSR anticorruption measures during the parliamentary hearings devoted to legislative aspects of increase of efficiency of civil service. In recommendations following the results of hearings it was entrusted to the government “ to eliminate blanks and contradictions “ in positions of the law on the state civil service, “ The concerning general bases of the termination of the office contract, clearing of a replaced post of civil service and dismissal from civil service “.