Conflicts in Legislation Establishing the Procedure for Transferring Securities, Participatory Interests, Shares in Authorized (Share) Capital of Organizations for Trust Management under the Legislation of the Russian Federation on Combating Corruption
( Pp. 103-107)

More about authors
Afanaseva Olga Romanovna Dr.Sci.(Law), Associate Professor, professor of the ‘Criminal Law, Criminal Procedure and law enforcement’ department, Law Institute; research scientist, Department of Law
Russian University of Transport; Financial University under the Government of the Russian Federation
Moscow, Russia
Abstract:
Purpose of the research. Questions of law enforcement activity on definition of the arisen situation as conflict of interest and problems of its settlement as well as minimization of its consequences are rightly referred by scientists and law enforcers to the number of urgent and sufficiently reflected in scientific literature. Among the most common causes of conflicts of interest that have not yet found adequate legal regulation due to the lack of effectiveness of modern anti-corruption legislation, as well as its collision, loopholes and blanket, is the possession by a certain category of public persons of income-generating assets, including securities, shares in the authorized capital of organizations. The research is aimed at finding and characterizing the conflicts and gaps inherent in the modern anti-corruption legislation in terms of establishing the procedure for transferring securities, shares in authorized (share) capital of organizations for trust management, as well as determining the main directions and developing specific proposals to overcome them in order to form an effective mechanism to resolve conflicts of interest. Conclusions. The author has allocated the basic conditions of occurrence of conflict of interests, having analyzed a set of federal laws and subordinate acts regulating counteraction to corruption, has concluded that a wide enough but not precisely defined list of persons who are entrusted with execution of duty on prevention and solution of conflict of interests, and also there is no normative legal act fixing a unified procedure of notification by the person about occurrence (about possible occurrence) of conflict of interests, and also a unified order of the conflict of interests. At the same time the author, summarizing the results of the study, proposed the main directions of formation of the mechanism of transfer of assets, including the notification of statutory persons.
How to Cite:
Afanaseva O.R., (2022), CONFLICTS IN LEGISLATION ESTABLISHING THE PROCEDURE FOR TRANSFERRING SECURITIES, PARTICIPATORY INTERESTS, SHARES IN AUTHORIZED (SHARE) CAPITAL OF ORGANIZATIONS FOR TRUST MANAGEMENT UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION ON COMBATING CORRUPTION. Economic Problems and Legal Practice, 1 => 103-107.
Reference list:
Gabov A.V. Transactions with interest in the practice of joint-stock companies: problems of legal regulation / / СПС «ConsultantPlus».
Gracheva M. V., Novoselova N. V. The ban on the acquisition of securities by public civil servants: administrative and legal mechanism of implementation / M. V. Gracheva, N. V. Novoselova // Bulletin of Voronezh State University. Series: Law. -2020. -№ 2(41). -P. 118-128.
Malkina V.I. Conflict of interests in legal entities: Dissertation. Candidate of jurisprudence: 12.00.03. Moscow, 2021. 197 p.
Maskaleva O., Konov A. Trust management as a tool for preventing and resolving conflicts of interest. М., 2021.
Nozdrachev A.F. Conflict of interests in the system of state and municipal management: the problem of normative legal definition of the concept // Legislation and economy. 2016. № 3. P. 7-30.
Nozdrachev A.F. Conflict of interests: a new «universal» normative legal definition of the concept in the legislation on combating corruption // Administrative law and process. 2016. № 6. P. 26-38.
Review of law enforcement practice in the field of conflict of interest: the letter of the Ministry of Labor of Russia from 29.03.2018 № 18-0/10/P-2061 in edition 25.06.2021 [Electronic resource]. Mode of access: URL: https://mintrud.gov.ru/ministry/programms/anticorruption/9/13 (date of reference: 10.02.2022).
Petukhov D.V. The Issues of Improvement of the Procedure of Realization of the Obligation to Transfer Securities (Shares of Participation, Units in Charter (Share) Capitals of Organizations) into Trust Management with the Aim of Conflict of Interest Prevention [Electronic resource]. Mode of access: URL: https://tula.arbitr.ru/files/pdf/29-10-2021.pdf (date of reference: 28.12.2021).
Drozdova E., Radchenko E., Lineva E., Borisov A. Credit Relations and their Criminal Law Protection // European Proceedings of Social and Behavioural Sciences EpSBS. Krasnoyarsk, Russia, 2021. S. 774-779.
Resolution of the Federal Arbitration Court of the North-West District of October 25, 2013 № F07-6756/13 on case № A56-55628/2012 // ConsultantPlus Information System.
Federal Law of 25.12.2008 № 273-FZ (ed. from 30.12.2021) «On countering corruption» // Collection of Legislation of the Russian Federation. 2008. № 52 (ч. 1). Art. 6228.
Keywords:
corruption, fiduciary management, security, conflict of interest, unit, conflict, prevention.


Related Articles

1. GENERAL THEORETICAL, CRIMINAL-LEGAL AND OTHER PROBLEMS OF COUNTERING EXTREMISM AND TERRORISM. PROBLEMS OF PREVENTING EXTREMISM AND TERRORISM Pages: 18-20 Issue №19269
On Some Issues of Preventing Terrorism and Extremism
terrorism extremism prevention counteraction activities of employees of internal affairs bodies
Show more
5. Criminology Pages: 175-178 Issue №3636
On the informal youth associations extremist
extremist activities security perfectionism youth extremism the motivation of criminal behavior
Show more
11. Criminal law and criminology; Criminal enforcement law Pages: 206-208 Issue №6841
ON PRIORITY MEASURES TO PREVENT ILLEGAL ORGANIZATION AND CONDUCT OF GAMBLING IN THE TERRITORY OF THE RUSSIAN FEDERATION
gambling legal regulation warning judicial practice conflict
Show more
2. SCIENTIFIC SCHOOL OF DOCTOR OF SCIENCE, PROFESSOR ShHAGAPSOEV Z.L. Pages: 162-164 Issue №7907
THE CONCEPT OF THE STATE OF MIGRATION POLICY TO 2025: FIRST RESULTS AND FOLLOW THE WAY OF REALIZATION
migration policy migrants security voluntary resettlement of compatriots crime
Show more
12. Social Philosophy Pages: 167-170 Issue №7973
PATERNALISTIC ATTITUDES AS DETERMINANTS OF CORRUPTION PHENOMENA
corruption paternalism determinants of corruption behavior
Show more
10. Social Philosophy Pages: 152-157 Issue №11287
RITUALS AS FACTORS OF THE GENESIS OF VALUES
values the occurrence of values ritual conflict society
Show more
8. Criminal procedure Pages: 178-181 Issue №15895
CORRUPTION CRIMES: SOME PROBLEMS OF DISCLOSURE AND INVESTIGATION
corruption detection of crimes investigation of crimes corruption-related crimes prevention of corruption offenses
Show more
11. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 234-237 Issue №17214
Development of measures to prevent the financing of terrorism
terrorism financing prevention prevention crime
Show more
12. Administrative law; Administrative process, Information Law Pages: 168-173 Issue №3543
The state service as a form of «family business»
corruption public administration clan protectionism nepotism
Show more
11. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 229-233 Issue №17214
Problems associated with improvement of legislation on criminal liability for illegal banking operations
crime banking prevention prevention legislation
Show more