Il’ya S. Petrov

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.

The article presents problematic issues of determining the subject composition of administrative legal relations, their classification, and the identification of legal entities as subjects of administrative law. The author substantiates his position on the possibility of defining legal entities as subjects of administrative law by developing the norms of administrative and legal regulation, including in its historical aspect. As the main criterion for organizations that are legal entities, it is proposed to distinguish the subjects of administrative law based on their position in administrative legal relations as subjects of public administration, their exercise of public authority, and the persons to whose activities such management is directed. 

The author considers it necessary to identify the general provisions inherent in a particular group of subjects of administrative law that determine their administrative and legal status, the need for a clear division of the subject composition of administrative and legal relations and, based on this, further administrative and legal regulation, to prevent confusion in the activities of one subject in the exercise of public authority functions and conducting economic activities from one’s estate. the negative aspects of the increasingly widespread practice of granting public-legal powers to economic entities activities. The article supports the questions of researchers about the need to determine the expediency of having the rights of a legal entity from public authorities, taking into account their participation in civil turnover on behalf of public legal entities.