Anti-corruption regulation of a former civil public servant’s participation in the bodies of a legal entity

Abstract

The article presents the problematic issues of anti-corruption regulation to prevent conflicts of interest when a former state and municipal employee is engaged in activities carried out for remuneration as a member of a collegial body of management or control of legal entities. The author points out the gaps in the anti-corruption legislation in terms of the lack of any control procedures in order to prevent a possible conflict of interest when nominating as a candidate and electing a former state or municipal employee to the management or control bodies of a business entity, in respect of which during his official activities exercised certain functions of state, municipal (administrative) management, including control or supervision, and receiving remuneration for work in such bodies of a business entity. An analysis of the risks of a conflict of public and private interests with the participation of former state or municipal employees in the management and control bodies of commercial and non-profit organizations is given. Possible solutions to this problem are proposed on the basis of the current system of the procedure for resolving a possible conflict of interest when concluding an employment contract or a civil law contract for the performance of work (services) with a former state or municipal employee, taking into account the specifics of corporate relations in business entities.

References

1. Bratanovskii, S.N. and Zelenov, M.F. (2012). Problems of improving administrative responsibility for violations of anti-corruption legislation. Citizen and law, 3, pp. 23–28 (in Russ.).

2. Zhubrin, R. and Il’yakov, A. (2021). Legal problems of application of art.19.29 of the Code of Administrative Offenses. Legality, 8, pp. 3–6 (in Russ.).

3. Nikonorova, O.N. (2022). Problematic issues of employment of former state and municipal employees. Prosecutor, 1, pp. 108–110 (in Russ.).

4. Slesarev, V.L. and Kravets, V.D. (2022). Relations of participation and management in the system of corporate relations. Actual Problems of Russian Law, 9, pp. 125–135 (in Russ.).

5. Tsepov, G.V. (2018). Remuneration of a member of the board of directors: a contractual approach. Law, 4, pp. 162–173 (in Russ.).

6. Cherkasov, K.V. (2014). Some aspects of improving legislation in the field of conflict of interest resolution in public service. Citizen and Law, 2, pp. 3–10 (in Russ.).

7. Sheverdyaev, S.N. (2021). Managing the conflict of interests of persons holding state and municipal positions: constitutional and legal analysis. Moscow (in Russ.).

8. Sheverdyaev, S.N. (2020). Conceptual gaps in the system of Russian anticorruption legislation. SSLA Bulletin, 1, pp. 121–131 (in Russ.).