On the new law «On Combating Corruption» - who is now eligible for part-time employment

        On January 24, 2016, the new Law "On Combating Corruption" entered into force.  It was widely discussed at various levels and was refined many times, taking into account the law enforcement practice of the previous law.  The innovations enshrined in the law that entered into force are aimed at taking additional measures to reduce the motivation of officials for corrupt behavior, maximum public participation in identifying corruption facts and informing law enforcement agencies about it.

         We would like to separately focus on the changes in the restrictions established by the Law for public officials and persons equated to them, as they concern a wide range of individuals and in practice raise many questions for both the HR departments of organizations and enterprises, and for the public officials themselves.

         As in the previous law, the list of restrictions established for public officials and persons equated to them  is defined in Article 17  of the law.

        For public officials, the prohibitions on  engaging in entrepreneurial activities  personally or through other persons, and providing assistance to a spouse, close relatives, or in-laws,  remain unchanged.

in carrying out entrepreneurial activities, using their official position. A public official is still prohibited (except in cases provided for by current legislation) from participating personally or through other persons in the management of a commercial organization, or having accounts in foreign banks.

        However, the ban on  performing other paid work not related to the performance of official (labor) duties at the place of main service (except for pedagogical, scientific, cultural, creative activities and medical practice)  now applies only to public servants, employees of the Investigative Committee, the State Committee of Forensic Examinations, persons of ordinary and commanding staff of internal affairs bodies, bodies and units for emergency situations, financial investigation bodies  as well as heads, their deputies and chief accountants of state organizations and organizations in which 50 or more percent of shares (stakes) in the authorized fund are owned by the state and (or)  its administrative-territorial units.

        Thus, all other officials who are considered public officials (for example, heads, deputies of  structural divisions of enterprises and organizations, workshops, shifts, etc.) are now entitled to work part-time in their free time, and perform other paid work.

        It should be noted that the new Law "On Combating Corruption" in Article 17  establishes restrictions not only for public officials, but also for persons equated to public officials, the spouse (spouses) of such persons, close relatives or in-laws, who live together and maintain a common household with a public official orpersons equated thereto. In particular, they, like public officials, are not entitled to accept property (gifts), except for souvenirs presented during protocol and other official events, or to receive other benefits in connection with the performance by a public official of official duties. It is also prohibited to undertake trips at the expense of individuals and (or) legal entities with whom relations fall within the scope of official activities of a public official, except in certain cases specified by law.

In general, the list of restrictions established by the Law "On Combating Corruption" for public officials and persons equated thereto is quite broad, and violation of the established prohibitions entails liability, up to dismissal from the position held.

Prosecutor of the Department
of the Vitebsk Regional Prosecutor's Office
for Combating Corruption and
Organized Crime
Justice Counselor Igor Morozov