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Administrative and municipal law
Reference:
Krasnousov S.D.
On the issue of formation of a system of bans, restrictions and responsibilities aimed at combating
corruption
// Administrative and municipal law.
2015. № 1.
P. 103-106.
URL: https://en.nbpublish.com/library_read_article.php?id=66041
Krasnousov S.D. On the issue of formation of a system of bans, restrictions and responsibilities aimed at combating
corruption
Abstract:
The Decree of the President of Russia of 11.04.2014 №226 “On the National Plan of Combating Corruption
for 2014 – 2015” formed the topical problems of scientific research for 2014 – 2015 years. One of them is a formation
of a system of bans, restrictions and responsibilities, also in relation to commercial organizations, aimed at combating
corruption. From the viewpoint of security measures this article considers the anti-corruption restrictions imposed on a
former commercial organization employee who continued in a government body. The author uses the general scientific and the special methods of cognition: analysis, synthesis, modeling, the formal-logical method, the system-structural
method, and the statistical and sociological methods. According to the existing legislation there can appear a situation
when a manager of a commercial or another organization, which has been noticed using the corruption methods (the
very organization, or its employees have been mage answerable for corruption offences), can without any restrictions
apply for an executive position in a state or municipal authority. It is supposed that public service doesn’t change person’s
behavior or code of conduct. In this case the state as an employer, having received the information about the previous
offences or illegal activities of a job applicant, should have the guarantees of honesty of the applicant on a public service.
At the moment in order to prevent getting jobs by dishonest persons the employer can use the institution of the manager’s
responsibility for the organization’s actions. It is suggested amending the Law on Combating Corruption with the
article 12.6 “Restrictions imposed on a person getting job in a state or a municipal service who had worked as a manager
in a commercial or a non-commercial organization which was made accountable for corruption offences”.
Keywords:
prevention on organizations, combating corruption, organization manager, public service, municipal service, security measures, system of restrictions, the Decree of the President of Russia of 2014 – 2015, private sector, responsibility of organization manager.
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References
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