In 2017, he was employed in the Baltic-Arctic marine UPRAVLENIE Rosprirodnadzora, but a year later dismissed in connection with loss of trust and even entered in the relevant register. The offence which was imputed to the civil servant in guilt on the results of Prosecutor’s inspection, was the lack of information of a material nature that Cotes was obliged to provide when applying for a civil service.
the COP recognized the dismissal for breach of oath to disciplinary action
to Challenge the dismissal in courts of General jurisdiction failed. Kotas tried to point to the fact that the time it took for the civil service, then the employer is at the moment no grounds for refusal. Furthermore, consider the lack of income Declaration as a disciplinary offence the law allows only in respect of a civil servant, has been received for the position, and Cotes was the only candidate.
the Constitution establishes responsibility only for acts that, at the time of their Commission admitted the offense
the COP recalled that civil servants have a special legal status that entails rights and obligations and restrictions and prohibitions. The establishment of such legal standards, as repeatedly noted, the COP cannot be considered as a violation of articles 32 and 37 of the Constitution. At the same time, article 54 of the Constitution establishes the citizen’s responsibility only for acts that at the time of their Commission admitted the offence. That is, for Igor Kotecha as the candidate for the post of the lack of income Declaration would be grounds for denial of admission to the service, but it is not a ground for dismissal.
At the same time, in the future, the civil servant is obliged to comply with the requirement of the law on the granting of declarations on the income.
the Case of Igor Kotecha subject to revision.
