Once again about a corruption disciplinary offense and issues of dismissal due to loss of trust of a civil servant

Abstract

The author describes the concept of a disciplinary corruption offense, this issue is important from the point of view of the application of various disciplinary measures to counter corruption. The author notes that the importance of such a category as "corruption disciplinary offense" is predetermined by its functionality in determining methods of coercive influence for violation of anti-corruption legislation. Based on this, the paper formulates proposals on the need for legislative consolidation of such a category as "disciplinary corruption offense", as well as proposals for its differentiation. The paper notes that the problem of combating corruption is interdisciplinary in nature, in this regard, it is no coincidence that the legislation uses such a definition as "corruption offense", this position finds its support in the doctrine. The author identifies a corruption offense in the system, a disciplinary violation, which is the basis for dismissal due to loss of trust. The article considers such a category as dismissal due to loss of trust, this issue is important from the point of view of the application of various disciplinary measures used to combat corruption in the public service. The importance of such a category as dismissal due to loss of trust will be determined by its functionality in determining the optimal legal means of influence for committing disciplinary corruption offenses. Based on this, the paper formulates proposals concerning the definition of trust and distrust in the public service. The paper notes that the application of dismissal due to loss of trust should be an exceptional (rare) measure of disciplinary responsibility.