According to the law, a citizen who previously occupied a position of state (municipal) service must, within two years after dismissal, obtain the consent of the commission for compliance with requirements to official behavior and settlement of conflicts of interest before concluding an employment or civil law contract.

This obligation arises for a citizen when the following conditions are simultaneously met:

• a citizen - former state (municipal) employee concludes an employment contract (regardless of the amount of salary) and (or) a civil law contract, the value of which exceeds one hundred thousand rubles, with a commercial or non-profit organization;
• the position he/she previously held was included in the list of positions that require him/her to submit information on income and expenses;
• his/her job responsibilities for the position he/she previously held included management functions of the organization with which he/she is going to conclude an employment/civil law contract;
• less than two years have elapsed since his/her dismissal from service.

In case a citizen enters a state (municipal) position, a state (municipal) body or a state (municipal) public institution, it is not required to obtain the consent of the Commission.

Notification of the intention to enter into an employment/civil law contract should be submitted to the corruption prevention unit of the state (municipal) body in which he/she previously held a position. In case of abolition/liquidation of the body, the application is sent to the successor body or, in the absence of such, to the body exercising general management functions in the relevant area.

The Guidelines note that the provisions of the legislation apply to both employment contracts at the main place of work and employment contracts for part-time work. The notification is submitted by the citizen separately in respect of each contract.

The personnel service carries out a preliminary analysis of the powers of the former employee at the previous place of service and at the planned place of work, the management functions implemented by him during the period of service in relation to the organization with which it is planned to conclude a contract, as well as identifies the presence of signs indicating the benefits, advantages, preferences received by this organization in comparison with other legal entities when the citizen replaces the position of state (municipal) service.

On the basis of the received application of a citizen - former employee and taking into account the conclusion, a meeting of the commission is held, and a decision is made on its results: to give consent to the conclusion of an employment/civil law contract by the citizen or to refuse to fill a position in the organization (performance of work, rendering of services).

The authors of the Methodological Recommendations remind that the legislation of the Russian Federation establishes the obligation of a citizen to notify a future employer that he/she has previously occupied a position of state (municipal) service included in the relevant list, as well as the obligation of the employer to inform the representative of the employer at the previous place of service about the conclusion of an employment/civil law contract with a former employee. The relevant notification is submitted by the employer to the personnel service and also serves as a basis for hiring a former employee.

At the same time, the current legislation does not provide for the liability of a citizen - former state (municipal) employee for failure to comply with the obligation to obtain the commission's consent, as well as the liability of the citizen and the employer for disregarding the commission's decision (if the commission refused to conclude the relevant contract, but the contract was concluded).

In order to partially resolve this legislative gap, the Guidelines propose to notify the prosecutor's office:

• on the outcome of the commission's consideration of a notification from an employer on the conclusion of a contract with a former state (municipal) employee if the commission has concluded that the conclusion of such a contract violates the requirements of anti-corruption legislation;
• the absence in the state (municipal) body within 6 months of information on further employment of the former state (municipal) employee.

At the same time, the consequences of the involvement of prosecutor's offices in this process for violators are likely to be limited to termination of the contract. If the subsequent employment of an employee was necessary, for example, as a cover for the transfer of remuneration for benefits or preferences provided earlier to the organization, termination of the contract, and with a certain time lag, is unlikely to be an effective law enforcement measure to combat corruption violations.

According to the Methodological Recommendations, the authority to verify the compliance of citizens who have held public (municipal) service positions with restrictions when they conclude employment/civil law contracts after leaving the public (municipal) service is vested in the departments for prevention of corruption and other offenses. However, the procedure for such verifications is not defined by the current legislation and the Methodological Recommendations, which reduces the possible effectiveness of such anti-corruption measures.