Damm I.A., Basalaeva S.P., Ron'zhina O.V., Tolstikova I.N., Akunchenko E.A., Volkova M.A., Shchedrin N.V. —
The Conflict of Interests of a Head of Educational Organization in Case of Secondary Employment
// Legal Studies. – 2018. – ¹ 5.
– P. 39 - 56.
DOI: 10.25136/2409-7136.2018.5.26711
URL: https://en.e-notabene.ru/lr/article_26711.html
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Abstract: The subject of the research is the regulations and laws of the Russian Federation that set forth an order of secondary employment at a higher educational organisation as well as researches, legal acts and law enforcement act devoted to the question of prevention and management of conflicts of interests. The authors focus on cases when a conflict of interests may arise because an individual works as a head of an educational organisation (rector or vice principal) and as a professor (department head) at the same time. In their research the authors have used the dialectical research method as well as structured-system, formal law and other methods of research. The results of the research cast light on the drawbacks of the legal regulation and methodological support of prevention and management of a conflict of interests in cases when an individual works as a head of an educational organisation and department head at the same time. The fact that there are no official explanations or recommendations of the federal authorities regarding the problem as well as contradictory judicial practice prove the importance of such analysis of corruption in social relations in cases of internal secondary employment at a higher education institution.
Damm I.A., Ron'zhina O.V., Tolstikova I.N., Popov A.V., Tabakova I.N., Petrovykh N.N., Akunchenko E.A., Sukhareva K.S., Shchedrin N.V. —
Topical issues of changing the procedure of incomes, expenditures, assets, and liabilities disclosure by persons serving as municipal officials
// Legal Studies. – 2017. – ¹ 5.
– P. 31 - 51.
DOI: 10.7256/2409-7136.2017.5.22713
URL: https://en.e-notabene.ru/lr/article_22713.html
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Abstract: The research subject includes Russian statutory instruments, regulating disclosure of incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, their spouses, and underage children. The authors study the legislative novels, introduced by the Federal Law of 03.04.2017 No 64 “On amending particular statutory instruments of the Russian Federation for the purpose of improvement of state anti-corruption policy”. Special attention is given to the content of new procedures of disclosure of incomes and expenditures, open access to such information, reasons for inspection, and the lack of a formalized procedure of initiation of a legal action by the highest official of the territorial unit of the Russian Federation in case the fact of providing unreliable or incomplete information on incomes and expenditures has been detected.
The authors apply general scientific method of dialectical cognition, and the set of specific methods: historical-legal, system-structural, comparative-legal, formal-logical methods, deduction, induction, definition and division of a notion. The authors detect the problem of legal uncertainty of disclosure of information on incomes, expenditures, assets and liabilities by persons, serving as municipal officials, according to the new procedure, adopted in 2017, due to the lack of procedures in territorial units of the Russian Federation. The article considers the key advantages and disadvantages of different ways of providing information on incomes and expenditures, the problems of its further publication and storage, and the issues of legal regulation of the reasons for initiation of inspection by the highest official of the territorial unit of the Russian Federation. The authors formulate the proposals about the formation of regional legislation, regulating the procedure of disclosure of information about incomes, expenditures, assets, and liabilities by persons, serving as municipal officials, according to the new procedure, and about the improvement of the current federal legislation.