Monitoring of judicial practice in the field of prevention and settlement of conflicts of interest in the municipal service
https://doi.org/10.24147/2542-1514.2018.2(1).141-153
Abstract
Subject. The article is devoted to enforcement the rules concerning conflicts of interest in the municipal service.
The purpose of the article is to identify approaches to resolution of legal disputes concerning conflict of interest in the municipal service.
Methodology. The authors use theoretical analysis as well as legal methods including formal legal analysis and the method of linguistic interpretation of judicial acts.
Results, scope of application. The courts examine a different range of issues: the concept of conflict of interest, personal interest; features of admission to service; application of measures of responsibility; dismissal from service (termination of employment or service relations) – during the legal consideration of cases related to the presence and absence of a conflict of interest.
The courts apply similar approaches to the conflict of interest in the state and municipal services, despite the fact that state and municipal employees have significant differences in legal status and different legislative acts are applied to each type of service.
The Constitutional Court of the Russian Federation has repeatedly resolved the disputes concerning the issues of conflict of interest.
Courts of general jurisdiction resolve such cases mostly in the order of action proceedings. However, the courts are also ought to investigate issues related to the conflict of interest when considering disputes arising from public legal relations when challenging normative legal acts. The attempts of local authorities to change the wording, to go beyond the norms established in Federal legislation are the most common violation.
Conclusions. Although the legal positions of the Supreme Court concerning conflict of interest are generally quite consistent, courts at other territorial levels may have different positions on such situations. Therefore, we should welcome the preparation by the Supreme Court of the Russian Federation of A review of court practice in 2014-2016 concerning enforcement legislation of the Russian Federation in disputes related to the imposition of disciplinary sanctions for non-compliance with the requirements of anti-corruption legislation.
About the Authors
E. S. Shugrina
Kutafin Moscow State Law University (MSAL), Moscow, Russia;
Russian Academy of National Economy and Public Administration (RANEPA), Moscow, Russia
Russian Federation
Russian Federation
Doctor of Law, Professor, Professor, Department of Constitutional and Municipal Law; Director, Center of Support and Follow-Up of Local Government Authorities of the Higher School of Public Administration
SPIN-code: 4120-8693; AuthorID: 484215
R. V. Petukhov
Russian Academy of National Economy and Public Administration (RANEPA), Moscow, Russia
Russian Federation
Russian Federation
leading researcher, Center of Support and Follow-Up of Local Government Authorities
SPIN-code: 7618-2300; AuthorID: 585300
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Review
For citations:
Shugrina E.S., Petukhov R.V. Monitoring of judicial practice in the field of prevention and settlement of conflicts of interest in the municipal service. Law Enforcement Review. 2018;2(1):141-153. https://doi.org/10.24147/2542-1514.2018.2(1).141-153
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