Дисциплинарная ответственность государственных гражданских служащих за коррупционные правонарушения в части несоблюдения требований к служебному поведению и урегулированию конфликта интересов: сущность и проблемы привлечения
One of the most important tasks of modern public administration is to combat corruption in the civil service. Disciplinary responsibility for corruption offenses is one of the legal means of preventing corruption in the public civil service. The article examines the mechanism of bringing to disciplinary responsibility for corruption offenses, judicial practice, the main changes in legislation. The main problems are identified and the directions of further development of the Institute of disciplinary responsibility are proposed.
Applying the methods of transaction costs theory, the author studies the rules of making and challenging interested party transactions, put into effect by the Federal Law 03.07.2016 №343-FL, and concludes that they are likely to cause the increase of agency costs rather than their reduction.
Biased assessment of economic benefits, bounded rationality and opportunism do not allow to create totally objective rules of making conflict of interest transactions. When making this kind of transactions, it is not possible to reach a voluntary agreement on prices and other terms by exceptionally the will of a party concerned, which gives grounds not to consider them contracts. Consequently, the most appropriate means of minimizing agency costs must be a preliminary management control giving back a contractual nature to these transactions.
However, instead of professional pre-inspection of effectiveness of interested party transactions the legislator has created a game situation the outcome of which depends on the plaintiff’s capabilities to prove the damages. In this, the concerned CEO – the defendant, who has violated the fiduciary duties, has the advantages: he has more and better information, he is protected by presumptions, and consequently, he bears lower costs on running the case.
The problems of attracting teachers from the teaching employees, who hold position of faculty member of higher educational institutions to disciplinary responsibility are analyzed. This practice has been growing in recent years. The problems of applying such a basis of disciplinary responsibility as a gross violation of the charter of an educational organization are considered. The conclusion is made about the expediency of fixing in the rules a uniform list of gross violations. Significant problems in regulating working schedule and determining the workplace of university teachers in connection with the performance of their job duties, not related to academic work, have been revealed.
We study the history of disciplinary proceedings, the issue of the disciplinary vindication and the main stages of procedural activities in disciplinary proceedings in a historical context. The author has identified features of the disciplinary proceedings as an institution of administrative law, the terms and conditions of the mandatory imposition of a disciplinary sanction.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/