Administrative and municipal law: business, economy, finance
Golubenko K.A., Oleinik D.S. —
Letters from authorities: "for" or "against" business
// Administrative and municipal law.
– 2022. – № 3.
– P. 1 - 17.
DOI: 10.7256/2454-0595.2022.3.38475 EDN: DSMCTQ URL: https://en. nbpublish.com/library_read_article.php?id=38475
The article examines the impact of letters from Russian authorities on the business community. Currently, the regulation of the publication and withdrawal of letters is non-systemic, and the legal nature of letters has not yet been determined. The lack of clear and transparent procedures for their adoption and application leads to the fact that letters from the authorities can also be used as an element of administrative pressure on business: explanations from the authorities can impose new responsibilities on companies, interfere in their operational activities, "bypass" the procedures of inspections established by law. It is proposed to define letters of authorities as a kind of legal acts that are adopted by law enforcement agencies in the absence of a single regulated legal procedure for their publication, contain explanations of legislation and (or) rules of conduct that can have an indirect impact on an indefinite circle of persons and (or) be applied in specific legal situations. In order to reduce the negative impact of letters from authorities on subjects of economic legal relations, legal regulation of the publication of letters by authorities is proposed. Within the framework of this procedure, it is important to establish: general rules of registration, a limited list of grounds for their adoption; the need to substantiate the practical benefits of accepting letters for non-government entities; establishing the priority of letters that create favorable conditions for non-government subjects of legal relations, in cases of letters contradicting each other; a limited list of officials who have the right to sign them; the procedure for cancellation (revocation) of letters from public authorities, including a list of entities that have the right to raise the issue of their cancellation (revocation). The latter may be the bodies of the Ministry of Justice and (or) the Prosecutor General's Office of the Russian Federation (due to the emerging practice recognizing such competence for them). At the end of the study, it is additionally proposed to evaluate letters according to the criterion of expediency and within the framework of the judicial norm control procedure.
non-governmental subjects of legal relations, reducing administrative pressure, administrative pressure, the benefits of accepting letters, expediency of publishing letters, letters from the authorities, legal acts, sources of law, mechanism of legal regulation, judicial norm control
Public service, municipal service and issues in the fight against corruption
Gorokhova S.S. —
On some aspects of the use of the trust management in the Russian Federation as a tool to prevent conflicts of interest
// Administrative and municipal law.
– 2022. – № 3.
– P. 18 - 33.
DOI: 10.7256/2454-0595.2022.3.38519 EDN: CKNYHT URL: https://en. nbpublish.com/library_read_article.php?id=38519
The subject of the study is the norms of Russian administrative law regulating the obligation for state and municipal employees (and some other categories of persons) to transfer securities, participation shares, shares in the authorized (stock) capitals of organizations to trust management, within the framework of the institute for the prevention and control of conflicts of private and public interests in the process of these persons performing their direct responsibilities. In the course of this study, the author intentionally does not address the issues of civil law regulation of the trust management agreement, focusing on the organizational and administrative side of the studied relations, nevertheless, stating that the application of civil law norms to administrative relations is also not free from a number of problems. The main conclusions of the study are the following points. The Federal Law "On Combating Corruption" prescribes certain categories of persons to transfer securities belonging to them, etc., to trust management if possession of them leads or may lead to a conflict of interests. This norm is variably duplicated in a number of laws and by-laws. At the same time, a number of laws establish the obligation for designated persons to transfer their valuables to trust management, due to the occurrence of a conflict of interests, others assume unconditional transfer. Article 12.3 of the Law "On Combating Corruption" contains a reference to civil legislation regulating the trust management of property as a civil contract. This determines additional issues related to the application of civil legislation in the context of administrative and legal relations. Based on judicial practice, the transfer of property to trust management does not limit the right of the founder of the management to dispose of the management object. In this regard, there are reasonable doubts about the effectiveness of the transfer of conflict-prone property by employees and other persons, in simple trust management, as a way to prevent (prevent) conflicts of interest.
anti-corruption policy, conflict of interest prevention, trust management agreement, public service, corruption, municipal employee, civil servant, trustee, conflict of interest, trust management