Disciplinary Responsibility's Application to the Local Government Employees Violating the Anti-corruption Legislation in the Russian Federation, Europe and the United States of America

AuthorHugo Flavier - Irina Chikireva - Kseniya Ivanova
PositionUniversity of Bordeaux (Bordeaux, France) - Tyumen State University (Tyumen, Russia) - Tyumen State University (Tyumen, Russia)
Pages116-144
BRICS LAW JOURNAL Volume IV (2017) Issue 4
DISCIPLInaRY RESPonSIBILITY’S aPPLICaTIon
To THE LoCaL GoVERnMEnT EMPLoYEES VIoLaTInG
THE anTI-CoRRuPTIon LEGISLaTIon In THE RuSSIan FEDERaTIon,
EuRoPE anD THE unITED STaTES oF aMERICa
HUGO FLAVIER,
University of Bordeaux (Bordeaux, France)
IRINA CHIKIREVA,
Tyumen State University (Tyumen, Russia)
KSENIYA IVANOVA,
Tyumen State University (Tyumen, Russia)
DOI: 10.21684/2412-2343-2017-4-4-116-144
This paper considers issues of legal regulation of moral condemnation of municipal
ocials and the impact of the recommendations of the Group of States against Corruption
(GRECO) on the system of legal regulation of counteraction to Russian corruption. It also
examines the concept and principles of anti-corruption, the grounds and procedure
for bringing disciplinary proceedings against municipal ocials for violating of anti-
corruption duties as well as issues of compliance with the rules of the Federal laws of the
Russian Federation “On Combating Corruption” and “On Municipal Service in the Russian
Federation,” and the necessity to unify their content concerning the reasons for dismissal
due to the loss of condence in municipal and state ocials for corruption oenses. The
Model Code of Ethics and Ocial Conduct of Civil Servants of the Russian Federation
and Municipal Ocials is useful to dening the legal status of moral condemnation, the
shape of its issuance, scope, duration and legal implications of the use.
Keywords: corruption; GRECO recommendations; disciplinary responsibility and moral
condemnation of municipal employees; corruption oenses.
Recommended citation: Hugo Flavier et al., Disciplinary Responsibility’s Application
to the Local Government Employees Violating the Anti-Corruption Legislation in the
Russian Federation, Europe and the United States of America, 4(4) BRICS Law Journal
116–144 (2017).
HUGO FLAVIER, IRINA CHIKIREVA, KSENIYA IVANOVA 117
Introduction:
The Impact of the Group of States against Corruption (GRECO)
upon Anti-Corruption Legal Regulatory Systems
in the Russian Federation
The authors of this work believe that it is necessary to analyze the impact of
the Group of States against Corruption (GRECO) upon Russia, tracing the historical
development of Russian anti-corruption legislation. By comparing the anti-corruption
experiences of countries like the United States of America and France, the authors
aim to clarify the pros and cons of existing legal traditions and make predictions as
well as recommendations.
It is universally acknowledged that corruption is harmful to a state’s prosperity
and that the international community must work to combat it on a global level.
States – participants of the United Nations Convention against Corruption (2003) are
concerned about the seriousness of problems and threats posed by corruption to the
stability and security of societies. These include the undermining of the democratic
institutions, ethical values and justice as well as the jeopardizing of sustainable
development and the rule of law. States are also concerned about corruption cases that
involve vast quantities of assets, particularly those that may constitute a substantial
proportion of state resources, as well as those that threaten the political stability
and sustainable development of those states. International society is convinced that
corruption is no longer a local matter but a transnational phenomenon that aects
all societies and economies, making international cooperation to prevent and control
it essential. It is clear that only a comprehensive and multidisciplinary approach is
required to prevent and combat corruption eectively.
All societies face the problem of preventing and addressing corruption in
its governmental entities, especially at the local level where systemic issues like
organized crime take root. Corruption in local governments, by elected ocials
or public employees, is an unfortunately frequent reality in both developing and
developed countries. The negative consequences of corruption include rising
governmental costs, unenforced legal regulations, potential endangerment of
public health and safety, and reduced accountability. More specically, corruption
costs local governments both directly in terms of missing revenue and indirectly in
terms of increased taxes and interest payments. Social costs include a loss of public
condence by taxpayers within their own government, and increased resentment
by those who must continue to comply with the laws and rules while others are
accorded special treatment.
Thus, we can submit that the problem of corruption cannot be underestimated.
In plenty scientic articles is underlined that in order to operate eectively, public
institutions must also inspire condence in the people they serve. Thus, there is
a signicant negative correlation between corruption and condence in public

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