Measures to prevent and resolve conflicts of interest in public authorities in the Russian Federation and foreign countries
https://doi.org/10.26794/2304-022X-2022-12-3-99-105
Abstract
The article is aimed at studying of measures to prevent and resolve conflicts of interest in public authorities in the Russian Federation and foreign countries. The task of the study is to analyze the list of methods to resolve conflicts of interest in public authorities in Russian and foreign legislation, with an emphasis on the need for its concretization and clarification of the boundaries of the applicable legal technique, and finding an alternative to the list. The article offers an instrumental basis for clarification of gradation of ways of exit from the real conflict of interests. The thesis is argued that indicating measures to prevent and resolve conflicts of interest in public authorities in Russian legislation is advisable to legally delineate and formalize them consistently, defining specific forms, stages and mechanisms for solving the problem, based on foreign practice, recommendations are made to prevent conflicts of interest in public authorities.
Keywords
conflict of interest,
settlement of conflicts of interest,
public authorities,
public (municipal) employee,
duties,
powers
Supporting agencies: The article was prepared on the basis of the results of research carried out at the expense of budget funds on the state assignment of the Financial University for 2022 on the topic “Analysis and evaluation of Russian and foreign practice of applying the conflict of interests institute”.
About the Author
S. G. Eremin
Financial University
Russian Federation
Russian Federation
Sergey G. Eremin — Cand. Sc. (Law), Associate Professor of the Department of State and Municipal Management
Moscow
References
1. Sheverdyaev S. N. Management of the conflict of interests of persons holding state and municipal positions: Constitutional and legal analysis. Moscow: Yustitsinform; 2021. 392 p. (In Russ.).
2. Parkhomenko E. V. The concept of conflict of interest. The procedure and methods of settlement in the state structures of the Russian Federation and experience of foreign countries. Vestnik ispolnitel’nogo proizvodstva = Herald of Enforcement Procedure. 2021;(1–2):43–57. (In Russ.). DOI: 10.30729/2414–0015–2021–7–1–43–57
3. Ermachenkova N. S. Problems of conflict of interest settlement in the public service. Molodoi uchenyi = Young Scientist. 2018;(44):135–137. (In Russ.).
4. Alimov G.A., Isroilov B. I. Shadow economy, corruption, bribery: Criminal law assessment. Tashkent: Adolat; 2020. 185 p. (In Russ.).
5. Kostyuk O. N. The procedure for resolving a conflict of interest in the public service. Mir sovremennoi nauki. 2012;(3):83–91. (In Russ.).
6. Meshcheryakova T. R. Certain problems of managing conflict of interest in the public service. Gosudarstvennaya vlast’ i mestnoe samoupravlenie = State Power and Local Self-Government. 2015;(9):59–63. (In Russ.).
7. Ponomarev A. V. Problems of conflict of interest settlement in the public service. Probely v rossiiskom zakonodatel’stve. 2017;(3):289–290. (In Russ.).
8. Trofimova I. A. Reasons and features of conflicts of interest settlement in the civil service system. Zakon i pravo = Law and Legislation. 2021;(10):194–198. (In Russ.). DOI: 10.24412/2073–3313–2021–10–194–198
9. Sheverdyaev S.N. Consolidation of anti-corruption issues in modern Russian constitutional law. Doct. legal sci. diss. Moscow: Lomonosov Moscow State University; 2020. 417 p. (In Russ.).
10. Mukhamedyarova L.V. Corruption as a social phenomenon in the context of globalization (social and philosophical analysis). Ufa: Ufa Law Institute of the Ministry of Internal Affairs of Russia; 2017. 118 p. (In Russ.).
11. Kenenova I. P. Regulation of a conflict of interest: Typology of foreign experience. Konstitutsionnoe i munitsipal’noe pravo = Constitutional and Municipal Law. 2021;(2):62–69. (In Russ.). DOI: 10.18572/1812–3767–2021–2–62–69
12. Petráková L. Analysis of the enforceability of conflict-of-interest laws in the Czech Republic. New York: UN; 2014. 30 p.
Review
For citations:
Eremin S.G. Measures to prevent and resolve conflicts of interest in public authorities in the Russian Federation and foreign countries. Management Sciences. 2022;12(3):99-105. https://doi.org/10.26794/2304-022X-2022-12-3-99-105
Views:
719
Email this article 
