the Reason for checking the provisions of the Federal law “On municipal service in the Russian Federation” was the complaint of Natalia Malysheva of the Chuvash Republic. In 2017, the woman turned to the administration of Tsivilsky area of Republic with the statement of work and submitted the documents. Later, however, the audit revealed that Malyshev did not specify information about the conviction, which was taken before maturity as a result of decriminalization of article 116 of the criminal code of the Russian Federation, and the woman was fired.
In the state Duma amendments to the Constitution on local self-government
the failure to complete column 9 of the prescribed questionnaire is not a circumstance that testifies to the message at receipt on municipal service of false claims about himself, said Malyshev in the complaint, since the requirement is established for persons entering government service.
Judges of the constitutional court came to the conclusion that the flaw is not in the provisions of the law, and in law enforcement. In the resolution, in particular, emphasized that “the specificity of public service determines the special legal status of state (municipal) employees, including the rights and obligations of the state (municipal) servants as well as their limitations and restrictions”.
the Responsibility for acts that the law recognizes the offenses
– Receipt of the citizen to the civil service is hampered by the presence not removed or not extinguished previous conviction, – has reminded the COP. – However, in relation to citizens on municipal service, municipal employees and similar restrictions by the law “On municipal service in the Russian Federation” is not provided.
Putin urged municipal authorities to go from the offices to the people
At the same time in the RF Constitution enshrines the requirement that “legal responsibility for those acts which the law in force at the time of their Commission, are recognized as offences.” Therefore, failure by the citizen at receipt on municipal service of information, charge that the law does not imply, in itself cannot testify about the violation of the laws decided by the COP.
– This kind of interpretation would imply the admissibility of the application against municipal employee to adverse legal consequences in the absence of direct violations of the legal regulations with its sides and thus come into conflict with article 54 of the Constitution, said the court.
it is the applicant subject to revision.