Restrictions and prohibitions related to the state civil service
Restrictions and prohibitions are established by Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation.”
Restrictions
A citizen cannot be accepted into the state civil service, and a state civil servant cannot be in the state civil service in the case of:
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 (state 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;
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 state civil service position for which a citizen is applying, or in a state civil service position being filled by a state civil servant involves the use of such information;
the presence of a disease that prevents entry into the state civil service or its completion 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;
close relationship or relationship (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with a state civil servant, if filling a position in the state civil service is associated with the direct subordination or control of one of them to another ;
renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state;
having citizenship of another state (other states), unless otherwise provided by an international treaty of the Russian Federation;
submission of forged documents or knowingly false information when entering the state civil service;
failure to provide information established by this Federal Law or provision of knowingly false information about income, property and property-related obligations when entering the state civil service;
loss by the employer's representative of trust in the state civil servant in cases of non-compliance with restrictions and prohibitions, requirements for the prevention or resolution of conflicts of interest and failure to fulfill the duties established for the purpose of combating corruption by the Federal Law "On the State Civil Service of the Russian Federation", the Federal Law "On Combating Corruption" and other federal laws;
recognizing him as having not completed military service under conscription, without legal grounds, in accordance with the conclusion of the conscription commission (with the exception of citizens who have completed military service under a contract) - within 10 years from the date of expiration of the period established for appealing the said conclusion to the conscription commission of the corresponding subject of the Russian Federation, and if the specified conclusion and (or) the decision of the draft commission of the corresponding subject of the Russian Federation on a citizen’s complaint against the said conclusion were appealed to the court - within 10 years from the date of entry into legal force of the court decision, which recognized that the rights of the citizen were not violated when the said conclusion and (or) decision of the draft commission of the relevant constituent entity of the Russian Federation was made on the citizen’s complaint against the said conclusion;
failure to provide information on the posting of information on the information and telecommunications network “Internet” about the addresses of sites and (or) pages of sites on the information and telecommunications network “Internet” on which a citizen applying for a position in the state civil service, a state civil servant posted publicly available information, as well as data that allows them to be identified.
Other restrictions related to entry into the state civil service and its completion, with the exception of those listed above, are established by federal laws.
Prohibitions
In connection with the performance of state civil service, a state civil servant is prohibited from:
fill a position in the state civil service in the event of:
a) election or appointment to a public position, except for the case if, in accordance with decrees of the President of the Russian Federation, Deputy Prime Ministers of the Russian Federation and federal ministers fill the positions of authorized representatives of the President of the Russian Federation in federal districts;
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;
engage in entrepreneurial activity personally or through proxies, participate in the management of a commercial organization or in the management of a non-profit organization (with the exception of participation in the management of a political party; participation in a congress (conference) or general meeting of another public organization, housing, housing construction, garage cooperatives, horticultural, gardening, dacha consumer cooperatives, partnerships of real estate owners; participation on a free basis in the management of these non-profit organizations (except for a political party) as a sole executive body or membership in their collegial management bodies with the permission of the employer’s representative in the manner established by a regulatory legal act state body), except for cases provided for by federal laws, and cases where participation in the management of the organization is carried out in accordance with the legislation of the Russian Federation on behalf of the state body;
acquire, in cases established by federal law, securities from which income can be received;
to be an attorney or representative for the affairs of third parties in the government body in which he holds a position in the state civil service, unless otherwise provided by the Federal Law “On the State Civil Service of the Russian Federation” and other federal laws;
receive remuneration from individuals and legal entities in connection with the performance of official duties (gifts, monetary remuneration, loans, services, payment for entertainment, recreation, transportation expenses and other remuneration). Gifts received by a state civil servant in connection with protocol events, business trips and other official events are recognized, respectively, as federal property and the property of a constituent entity of the Russian Federation and are transferred by the state civil servant according to an act to the state body in which he holds a position in the state civil service, except for cases established by the Civil Code of the Russian Federation. A civil servant who has handed over a gift received in connection with a protocol event, business trip or other official event may redeem it in the manner established by the regulatory legal acts of the Russian Federation;
travel in connection with the performance of official duties outside the territory of the Russian Federation at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with the legislation of the Russian Federation, by agreement of state bodies of the Russian Federation, state bodies of constituent entities of the Russian Federation or municipal bodies with state or municipal authorities of foreign states, international or foreign organizations;
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 not related to the state civil service, information classified in accordance with federal law as confidential information, or proprietary information that has become known to him in connection with the performance of official duties;
allow public statements, judgments and assessments, including in the media, regarding the activities of state bodies, their leaders, including decisions of a higher state body or a state body in which a state civil servant holds a position in the state civil service, if this is not included in his job responsibilities;
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;
use the advantages of official position for election campaigning, as well as for campaigning on referendum issues;
use official powers in the interests of political parties, other public associations, religious associations and other organizations, as well as publicly express his attitude towards these associations and organizations as a civil servant, if this is not part of his official duties;
create structures of political parties, other public associations (with the exception of trade unions, veterans and other public amateur bodies) and religious associations in government bodies or contribute to the creation of these structures;
stop performing official duties in order to resolve an official dispute;
be a member of management bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations and their structural divisions operating on the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation;
engage, without the written permission of the employer's representative, in paid activities financed exclusively by the funds of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.
A state civil servant, his wife (husband) and minor children are prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments in cases provided for by the Federal Law “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments.”
If a state civil servant's ownership of securities, shares (participatory interests, shares in the authorized (share) capital of organizations) leads or may lead to a conflict of interest, the state civil servant is obliged to transfer the securities, shares (participatory interests, shares) belonging to him authorized (share) capitals of organizations) into trust management in accordance with the civil legislation of the Russian Federation.
A citizen, after dismissal from the state civil service, does not have the right to disclose or use in the interests of organizations or individuals information of a confidential nature or proprietary information that has become known to him in connection with the performance of official duties.
A citizen who has filled a state civil service position included in the list of positions established by regulatory legal acts of the Russian Federation, within two years after dismissal from the state civil service, does not have the right, without the consent of the relevant commission for compliance with the requirements for official conduct of state civil servants and the resolution of conflicts of interest, to replace on the terms of an employment contract for a position in an organization and (or) to perform work in a given organization (provide services to a given organization) on the terms of a civil law contract (civil law contracts) in cases provided for by federal laws, if certain functions of public administration of this organization were included in official (official) responsibilities of a state civil servant. The consent of the relevant commission on compliance with the requirements for official conduct of state civil servants and the resolution of conflicts of interest is given in the manner established by regulatory legal acts of the Russian Federation.
