Changing the Grounds for Dismissal after Leaving Service as a Means of Ensuring Transparency in Combating Corruption in Public Activities

The paper examines the enforcement mechanism set out in Article 13.5 of the Federal Law «On Combating Corruption», which allows the grounds and wording of dismissal for state and municipal employees who have committed disciplinary corruption offenses to be revised even after they have left public service. Based on an analysis of court practice, the author identifies a key issue: such a revision can be initiated only if an anti-corruption review was ordered before the employee’s dismissal. In practice, this often leads to situations where the employer’s representative, seeking to conceal the incident, promptly approves the employee’s resignation request without initiating a review, thereby rendering the mechanism ineffective. Another problem is procedural uncertainty regarding the participation of the former employer in court proceedings. The paper proposes expanding the statutory powers of the prosecutor’s office by granting it the authority to bring a case before the court when sufficient grounds for a review existed but no review was initiated. To implement this, officials should be legally required to inform the prosecutor’s office of such situations. It is also necessary to clearly establish the mandatory involvement of the former employer in court proceedings as an interested party to ensure an objective examination of the case.

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