DOI: 10.25136/2409-7136.2018.5.26711

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. 

DOI: 10.7256/2454-0706.2017.8.23638

Abstract: The subject of this research consists in ensuring openness and accessibility of the municipal normative legal acts for citizens, organizations, state authorities, local self-government, and independent experts. The authors examine the merits and flaws of the possible ways for obtaining legal information by the concerned parties, among which are: search for the official printed publications of local self-government bodies in the archives of libraries; search on the official websites of the local self-government; search in the register of municipal normative legal acts of constituents of the Russian Federation on the website of the Ministry of Justice of Russia; sending of personal request to the bodies or officials of the local self-government. The conducted allows establishing that none of the existing methods of obtaining normative and legal information regarding the activity of local self-government does not ensure fast and convenient access to the total volume of the municipal normative legal acts of a specific municipal entity in existing version. The authors conclude that it is necessary to create an electronic information system that allows the local self-government bodies to store, systematize, and update the normative legal acts, as well as provide open access to all parties concerned.

DOI: 10.7256/2454-0706.2017.8.43090

Abstract: The subject of this research consists in ensuring openness and accessibility of the municipal normative legal acts for citizens, organizations, state authorities, local self-government, and independent experts. The authors examine the merits and flaws of the possible ways for obtaining legal information by the concerned parties, among which are: search for the official printed publications of local self-government bodies in the archives of libraries; search on the official websites of the local self-government; search in the register of municipal normative legal acts of constituents of the Russian Federation on the website of the Ministry of Justice of Russia; sending of personal request to the bodies or officials of the local self-government. The conducted allows establishing that none of the existing methods of obtaining normative and legal information regarding the activity of local self-government does not ensure fast and convenient access to the total volume of the municipal normative legal acts of a specific municipal entity in existing version. The authors conclude that it is necessary to create an electronic information system that allows the local self-government bodies to store, systematize, and update the normative legal acts, as well as provide open access to all parties concerned.

DOI: 10.7256/2409-7136.2017.5.22713

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. 

DOI: 10.7256/2454-0595.2017.3.22334

Abstract: The paper studies Russian statutory instruments regulating the procedure of conflicts of interest prevention and management by the head of a municipal unit and a city district. The authors consider such aspects of the topic as the formalization of the responsibility of the head of a municipal unit to inform about personal interest in official duties, which causes or can cause the conflict of interest, and the problems of performance of such a responsibility. Special attention is paid to the analysis of the possible directions of development of federal legislation related to the procedure of informing about the conflict of interest by the highest officials of municipal units and city districts. The authors apply the dialectical method of cognition, and the system-structural, formal-logical and other methods. The authors conclude about the lack of normative formalization of the procedure of reporting about the conflict of interest by the highest officials of municipal units and city districts. The official (body), which should be informed, the terms, the form, the procedure, and the results of consideration of such reports haven’t been regulated. At the same time, the failure to perform such a responsibility is the reason for the resignation of the highest official of a municipal unit or a city district. The authors consider different variants of possible behavior of the highest official of a municipal unit or a city district in case of the situation of the conflict of interest, and offer the ways to eliminate this legal gap.