Dismissal due to loss of confidence: violation of ethical or anticorruption standards?

Abstract

The combating corruption and improving the reputation of the civil (municipal) service are important areas of national policy. The article reveals legal and ethical problems associated with the application of such grounds for dismissal as a loss of trust. Analysis of legislation, professional and official ethics codes and practice of application of “loss of trust” revealed the following trends: widening of the scope of persons dismissed due to loss of trust; difference in the grounds for dismissal due to loss of trust; ignoring the legal positions of the Constitutional Court of the Russian Federation, which enshrine the need for more detailed regulation and careful application of this measure of responsibility. A “gender portrait” of people dismissed due to loss of trust has been compiled. Proposed to create a legal definition of “loss of trust,” to clarify the cases of its application.

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