Cite this article as:

Kondakova O. A. Problems of implementation of anti-corruption standards in relation to persons holding public offi ce: Constitutional and legal aspect. Izv. Saratov Univ., Economics. Management. Law, 2022, vol. 22, iss. 1, pp. 96-103. DOI: https://doi.org/10.18500/1994-2540-2022-22-1-96-103


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Russian

Problems of implementation of anti-corruption standards in relation to persons holding public offi ce: Constitutional and legal aspect

Introduction. The article analyzes examples of procedures related to the implementation of anti-corruption standards, taking into account the specifi cs of offi cial relations, their administrative and intra-organizational nature. Theoretical analysis. The author reveals the problems of implementing anti-corruption standards. It is noted that in most cases the offi cial legislation provides that the conclusions drawn from the results of all inspections are not binding. The fi nal decision in relation to civil servants is made by the employer’s representative; the decision with regard to persons holding public positions is taken by the President of the Russian Federation; at the regional level, the heads of the constituent entities of the Russian Federation exercise control over compliance with anti-corruption standards. Empirical analysis. Currently, there is no specialized state anti-corruption body in the Russian Federation, but the need to create one is provided for by the UN Convention against Corruption. Results. The article concludes that the procedures for implementing anti-corruption standards in relation to persons holding public positions in the Russian Federation, as well as in relation to state and municipal employees, are essentially “internal” in nature. The constitutional and legal status of persons holding public offi ce requires monitoring their compliance with anti-corruption standards with the participation of various branches of government. To this end, a specialized anti-corruption body should be formed at the federal level in the Russian Federation, which may become an Interdepartmental Commission on Anti-Corruption.

References: 
  1. On Combating Corruption. Federal Law 273-FZ of 25.12.2008. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2008, no. 52 (pt. I), art. 6228 (in Russian).
  2. On the submission by citizens applying for Government Positions of the Russian Federation and persons holding Government Positions of the Russian Federation of information on income, property and property obligations. Decree of the President of the Russian Federation no. 558 of 18.05.2009 (an edition of 20.04.2021). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2009, no. 21, art. 2543 (in Russian).
  3. Anti-corruption issues. Decree of the President of the Russian Federation no. 613 of 08.07.2013 (an edition of 10.12.2020). Rossiiskaia gazeta [Russian newspaper], 2013, July 10 (in Russian).
  4. On verifying the reliability and completeness of information provided by citizens Applying for Government Positions of the Russian Federation and persons Filling Government Positions of the Russian Federation, and compliance with restrictions by persons fi lling Government positions of the Russian Federation. Decree of the President of the Russian Federation no. 1066 of 21.09.2009 (an edition of 20.04.2021). Rossiiskaia gazeta [Russian newspaper], 2009, September 22 (in Russian).
  5. On the Procedure for Reporting by Persons Holding Certain State Positions of the Russian Federation, Federal Civil Service Positions, and Other Persons on the Occurrence of Personal Interest in the Performance of Offi cial Duties that Leads or May Lead to a Confl ict of Interests, and on Amendments to Certain Acts of the President of the Russian Federation. Decree of the President of the Russian Federation no. 650 of 22.12.2015. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2015. no. 52 (pt. I), art. 7588 (in Russian).
  6. On some issues of organizing the activities of the Presidium of the Council under the President of the Russian Federation on combating corruption. Decree of the President of the Russian Federation no. 233 of 25.02.2011 (an edition of 17.05.2021). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2011, no. 9, art. 1223 (in Russian)
  7. Channov S. E. Administrative and legal regulation of the functioning of commissions for the settlement of confl icts of interest in the state civil service. Administrativnoe i munitsipal’noe pravo [Administrative and Municipal Law], 2009, no. 4 (16), pp. 49–51 (in Russian).
  8. On the State Civil Service of the Russian Federation. Federal Law 79-FZ of 27.07.2004. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 31, art. 3215 (in Russian).
  9. Kazannik A. I., Kostyukov A. N., eds. Konstitutsionnoye pravo: universitetskiy kurs [Constitutional Law: University Course: Textbook: in 2 vols.]. Moscow, Prospekt Publ., 2015. Vol. 2. 528 p. (in Russian).
  10. On the implementation of certain provisions of article 6 of the Federal law “On the status of a Senator of the Russian Federation and status of Deputy of the State Duma of the Federal Assembly of the Russian Federation”. Resolution of the State Duma of the Federal Assembly of the Russian Federation no. 9313-6 GD of 21.06.2016 (an edition of 01.06.2021). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2016, no. 26 (pt. I), art. 3946 (in Russian).
  11. On the status of a Senator of the Russian Federation and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation. Federal Law 3-FZ of 08.05.1994. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1994, no. 2, art. 74 (in Russian).
  12. Umnova (Konyukhova) I. A., Aleskova I. A. Primenenie Konstitutsii Rossiyskoy Federatsii sudami obshchey yurisdiktsii: aktual’nye voprosy teorii i praktiki [Application of the Constitution of the Russian Federation, Courts of General Jurisdiction: Current Issues of Theory and Practice]. Moscow, RGUP Publ., 2016. 184 p. (in Russian).
  13. Ismailova Kh. Ch. Presidential Power as an Independent Branch of Government. Gosudarstvennaya vlast’ i mestnoe samoupravlenie [State Power and Local Selfgovernment], 2020, no. 3. pp. 22–25 (in Russian). https://doi.org/10.18572/1813-1247-2020-3-22-25   
  14. In the case of checking the constitutionality of Part 4 of Article 28 of the Law of the Komi Republic “On the State Service of the Komi Republic”. Resolution of the Constitutional Court of the Russian Federation no. 16-P of 29.05.1998. Rossiiskaia gazeta [Russian Newspaper], 1998, June 9 (in Russian).
  15. Umanskaya V. P., Malevanova Yu. V. Gosudarstvennoe upravlenie i gosudarstvennaya sluzhba v sovremennoy Rossii [Public Administration and Public Service in Modern Russia]. Moscow, Norma Publ., 2020. 176 p. (in Russian).
  16. Krasnova K. A. Organizational foundations of anticorruption in the Russian Federation in the conditions of the second decade of the XXI century. Rossiiskiy sledovatel’ [Russian Investigator], 2013, no. 6, pp. 18–23 (in Russian).
  17. Serazetdinov L. R. Anti-corruption in local self-government authorities. Gosudarstvennaya vlast’ i mestnoe samoupravlenie [State Power and Local Self-government], 2017, no. 6, pp. 46–50 (in Russian).
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