scholarly journals Conflict of interest: dialectics of a normative “tiered structure”

2021 ◽  
Vol 15 (4) ◽  
pp. 743-750
Author(s):  
V. V. Astanin
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Operational Definition ◽  
Practical Significance ◽  
Conflict Of Interests ◽  
Dialectical Approach ◽  
Legislative Structure

Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks determined by a conflict of interests.Methods: the dialectical approach to the cognition of socio-legal phenomena, which allows identifying the unity of opposites in the legal categories that form the conflict of interests concept; the formal-logical method of scientific cognition, presented in the legal-dogmatic analysis of legislative norms; the method of operationalization of concepts.Results: the conducted comparative legal research, expressed in a combination of methods of analysis and synthesis of legal categories aimed at obtaining comparative knowledge, allows correlating their content with respect to the “conflict of interests” concept in proportion to the goals of law enforcement. A legal and linguistic analysis of legal categories has been carried out, the totality of which forms the content of the “conflict of interests” concept. Abstract and definite norms of categories are highlighted in the context of the proof necessary to ensure their connection (presence and absence) with legal facts.Scientific novelty: the term “normative ‘tiered structure’” was introduced into the scientific circulation of legal science, which comprehensively reflects the operational definition of the complex socio-legal phenomena described in composite legal categories. The theoretically presented phenomenon of the normative “tiered structure” conflict of interest in the discreteness of its constituent concepts and dispositive legal categories causes high risks of distortion or erroneous interpretations. These risks are formed out of court, initially registered in the decisions of the conflicts of interest settlement commissions. Prevention of such risks is ensured not only by the involvement of experts who, in addition to legal knowledge and professional-industry knowledge, also have moral and ethical foundations, the bearers of which are the arbiters of precedent law enforcement.Practical significance: the main provisions of the article can be used in practical activities to provide evidence of de jure manifestations of a conflict of interests. The revealed regulatory collisions and the incomplete legal regulation of public relations in the sphere of “personal interest” require improving the anti-corruption legislation in terms of simplifying the concept used for law enforcement purposes.

scholarly journals Psychological and Pedagogical Measures of Preventing Conflicts of Interest Among Employees of Law Enforcement Agencies

2017 ◽  
Vol 22 (5) ◽  
pp. 85-93
Author(s):  
N.V. Serdyuk ◽  
Y.G. Naumov ◽  
L.L. Grishenko
Keyword(s):  
Law Enforcement ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Civil Servants ◽  
Conflicts Of Interests ◽  
Law Enforcement Agencies ◽  
Conflict Of Interests ◽  
Personal Meanings ◽  
Internal Affairs ◽  
Selection Of

The article considers significant characteristics of the phenomenon of corruption resistance of employees of internal affairs agencies as civil servants. The outlined problem of preventing corruption manifestations and conflicts of interests in operational and service activities is characterized by the fact that it exceeds the limits of legal regulation. The possible solution in this case might be the selection of relevant psychological and pedagogical measures of preventing the conflict of interests and the formation of corruption resistance in the personnel of the internal affairs bodies. The article describes the value basis of law enforcement service and personal meanings in the profession.

Implementation of the functions of law in the process of its implementation

2020 ◽  
pp. 32-38
Author(s):  
Ruslana Ivanychuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Active Form ◽  
Functional Results ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Law ◽  
Scientific Results ◽  
High Level

Goal. This article examines the main forms of implementation of the functions of law in the context of law enforcement. Method. The methodology includes a set of analysis and generalization of scientific and theoretical material. In order to obtain the most reliable scientific results, the study used general scientific, conceptual and philosophical approaches, including the following methods: hermeneutic-legal, comparative-legal and structural-functional. Results. The study recognized that the implementation of law is a mechanism for implementing legal norms that meet the requirements of the purpose of legal regulation as the formation of individuals with a high level of orthodox behavior, streamlining public relations and strengthening the requirements of law and order. The implementation of the law is carried out in the following forms: compliance - is the implementation of the requirements of prohibitive legal norms, compliance - binding rules of law and the use - authorizing rules of law. As for the subjective behavior of participants in the implementation of legal norms, it can be manifested both in active form (implementation, use) and in passive abstinence from it (compliance). The implementation of the functions of law are a means of influencing the law on the behavior of participants in public relations, which are manifested in the following forms: information; orientation and legal regulation. Scientific novelty. The study identified and substantiated the main forms of implementation of the functions of law and its implementation, in particular by conducting a comparative analysis of these categories in theoretical and practical aspects, it is determined that their implementation is based on an effective mechanism for implementing the will of the legislator and the state. society and the concept of the rule of law in Ukraine. Practical significance. The results obtained during the study can be used in law enforcement and research.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

scholarly journals Conflict of interest: law enforcement and conflictology

2022 ◽  
Vol 5 (4) ◽  
pp. 89-99
Author(s):  
N. A. Bobrova
Keyword(s):  
Law Enforcement ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
The State ◽  
Municipal Employees ◽  
Main Emphasis ◽  
Psychology And Economics ◽  
Science Philosophy ◽  
Scope Of Application

The subject. The article is devoted to conflictology as one of the most relevant, almost significant, debatable problems in law theory, legal sciences, political science, philosophy, psychology and economics. The author analyzes specific examples of conflicts of interest in various corruption spheres and manifestations, for example, in the sphere of participation of economic actors in the procurement announced by state and municipal authorities.The purpose of the article is to identify the nature of conflicts of interest as the basis of corruption.The methodology. The author uses comparisons of common and private, cause and effect, patterns and randomness, content and form, essence and phenomenon, the transition of quantity into quality, as well as the methods of sociology and psychology.The main results, scope of application. The article analyzes the relationship between corruption and nepotism. The article discusses legal and moral ways to prevent conflict, the role of ethical standards in conflict prevention, regulatory framework for preventing and settling them, the ratio of conflict of interest and employee qualifications, balance of material and personal interest, Commissions to prevent conflicts of interest, guaranteeing the role of writing notice of a conflict of interest, Features of the notification procedure, moral means of preventing and resolve conflicts of interest. Exclusively legal methods are insufficient to prevent and eliminate conflicts of interest and corruption-related risks. A combination of legal and moral measures is necessary, and most importantly, the exclusion of kinship and other forms of nepotism in the formation of government bodies and the appointment of officials, the hiring of state and municipal employees. It is necessary to exclude formalism from the institution of competitive selection of civil servants.Conclusions. The elimination of the contradictions between some federal anti-corruption laws has much less effect on the state of corruption in the state than the flourishing nepotism. The exercise of official functions takes place in the form of law enforcement: if there is no application of the law – there is no corruption. The main emphasis should be directed to the process of forming the apparatus of state and municipal authorities, employees of state and municipal institutions, primarily in the educational sphere, on which the upbringing of new generations of employees depends, the steady observance of high professional and moral requirements imposed on state and municipal employees and teachers in schools and universities.

scholarly journals Topical problems of legal regulation of the institution of conflict of interest in the state civil service in the Russian Federation

2021 ◽  
Vol 26 (4) ◽  
pp. 194-201
Author(s):  
Sergey P. Koval’ ◽  
Oksana Yu. Taibova ◽  
Mikhail Yu. Tsvetkov
Keyword(s):  
Russian Federation ◽  
Conflict Of Interest ◽  
Civil Service ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Conflict Situations ◽  
The Russian Federation

The article examines theoretical issues related to understanding and important problems of legal regulation of the institution of conflict of interest in the state and municipal service, it analyses the category of “personal interest of an employee”, and also conducts a comparative study of the application of administrative and disciplinary responsibility to a civil servant in this conflict situations. The activity of the commissions on compliance with the requirements for official behaviour of civil servants is analysed. The authors analyse the specifics of the conflict of interest based on the current legislation. Particular attention is paid to the issues of increasing the efficiency of practical activities of state bodies to identify and prevent these conflicts. Gaps in the provisions of the laws of the Russian Federation related to conflicts of interest are investigated. There are proposals for the effective resolution of conflict situations in the civil service. Analysing the changes in the legislation of the Russian Federation, considering the opinions of scientists on combating corruption, the authors draw their own conclusions. The key position of the authors on this issue is that improving the measures of legal responsibility of civil servants in a situation of conflict of interest is a necessary task of the science of administrative law, an effective means of preventing offences and strengthening executive discipline in the state apparatus.

scholarly journals The concept of «conflict of interest» in the administrative law of the Russian Federation

2020 ◽  
Vol 15 (4) ◽  
pp. 118-129
Author(s):  
E. V. Okhotsky
Keyword(s):  
Conflict Of Interest ◽  
Well Being ◽  
Research Problem ◽  
Legal Regulation ◽  
Conflict Situation ◽  
The State ◽  
Negative Consequences ◽  
Conflict Of Interests ◽  
The Public ◽  
Interest Policy

Introduction. The analysis of the nature, conditions and reasons for the occurrence and practice of resolving (preventing and settling) conflict of interest issues is not only an important applied, but also significant research problem. Situations related to conflict of interest issues, both in the public-state and private sectors, have given rise not only to special scientific research, but also to legislative regulation and managerial practice. A number of countries have adopted special laws on conflict of interest policy norms, established office of state commissioner for conflict of interest policy, and introduced rules regulating employee conflict of interest policy.Materials and methods. The source of the research is regulatory, theoretical, educational, scientific, journalistic works by domestic and foreign authors. The theoretical and methodological basis is the dialectical-materialistic approach to the analysis of the essence of social phenomena, the laws of their development, the features of legal regulation and the controlling effect on them. The research tools are classical: comparative legal analysis, formal logical, concrete historical and system-functional methods. The results of the study. The article presents the author’s interpretation of the of “conflict of interests” concept. Its essence is a conflict situation between public law obligations and individual’s interests, which provokes situations in which the interests of one person lead to potential or real harm to the rights, freedoms and legitimate interests of others persons. Conclusion: the conflict of interests must be managed, which means that it is timely to identify, diagnose, objectively assess possible risks and negative consequences, take adequate organizational and legal measures to resolve the conflict situation. If a public servant does not serve, in accordance with his status and powers, the public and the state, but only cares about his/her own well-being, then such public employees must be dismissed from public office.Discussion and conclusion. Improving the mechanisms for identifying, qualifying, regulating the suppression and punishment of perpetrators, eliminating the negative consequences of breaching the conflict of interest policy are strategically important and rather difficult tasks that challenge not only the state, the law enforcement system and local authorities, but also business, civil society institutions and every citizen . Its solution requires systematic monitoring, comprehensive analysis, decisive and coordinated actions.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

scholarly journals FORMS AND METHODS OF CONFLICT OF INTEREST ON THE LAW OF THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2016 ◽  
pp. 0-0
Author(s):  
Александр Ноздрачев ◽  
Alyeksandr Nozdrachyev ◽  
Алексей Автономов ◽  
Alyeksyey Avtonomov
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Conflict Of Interests ◽  
Private Interests ◽  
Official Position ◽  
Foreign Countries ◽  
Employer Representative ◽  
Actual Meaning ◽  
Prevention Methods ◽  
Framework System

The conceptual framework system of public administration instills increasingly in terms of actual meaning towards the concept of “conflict of interest” as one of the most important legal means to combat corruption. The article examines the forms and methods of conflict of interests. The authors argue that the primary duty of a person, who sits in for an office that involves the obligation to take measures to prevent and resolve conflicts of interest (the side of conflict of interest), is to notify the representative employer about a risen conflict of interest or the possibility of its occurrence. These persons should carry out their state and official activities in a way to anticipate the risks of conflict of interest and to do it as efficiently as possible to try to “manage conflicts” that may arise. The article substantiates the need to clarify the notice forms of conflict of interests. Along with the assignment of certificates of income, property and property obligations it is suitable to assign a declaration of private interests to the employer representative taking into account the experience of these types of notices in foreign countries. The article analyzes in detail the powers of the representative of employer to prevent and resolve conflicts of interest, including the obligation to inform the person who is a party to the conflict of interests, the existence of dangerous conflict situation and the inadmissibility of certain actions. Preventing or resolving conflicts of interest by the employer representative may consist of: a change in the official position or status of the person who is a party to the conflict of interest; his removal, rejection or disqualification of the notice and other processes for resolving conflicts of interests. The authors propose further improvement of prevention methods and conflict of interests’ settlement based on the foreign countries experience.

scholarly journals PRECONDITIONS OF ADMINISTRATIVE RESPONSIBILITY: DOCTRINAL ISSUES

2021 ◽  
Vol 1 ◽  
pp. 102-111
Author(s):  
Oleksandr Gerasymenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Practical Significance ◽  
Clear Understanding ◽  
Current State ◽  
Wide Range ◽  
Scientific Approach ◽  
Rule Making ◽  
Administrative Responsibility

A thorough analysis of liability for administrative offence is not possible without clear understanding of its preconditions. The problem of preconditions for administrative responsibility is directly related to administrative delictization of offenses, effectiveness of the fight against delict, prominent state policy in the field of law enforcement and law order. In this aspect, the role of the preconditions for administrative responsibility is a lot more important because they formulate proper foundations for achieving its general objectives. Thus, they determine the effectiveness of administrative responsibility at sectoral and general social levels. The importance of the definition is due to the urgent needs of rule-making and law enforcement practice, the effectiveness of which directly depends on how reasonable and appropriate each administrative delict norm is. Unfortunately, despite all its scientific and practical significance, the issue of preconditions for administrative liability has not been resolved yet. Therefore, there is a need to form unified, consistent scientific approach to understanding the grounds for administrative liability. To this end, the article provides a critical analysis of the basic doctrinal concepts of the preconditions of administrative responsibility. A wide range of social, economic, technical and other factors that determine the effectiveness of administrative responsibility, its current state, its dynamics and prospects for its development have been studied. Discovered the role of these factors in creating a favorable socio-economic and information-technical environment for the implementation of the main tasks of administrative responsibility, in particular: offences prevention, reliable protection of public relations and education of citizens in the spirit of law. The author concluded the scientific and practical expediency of the systematic study of the preconditions for establishing administrative responsibility (preconditions for administrative delictization) and the preconditions for the effectiveness of administrative responsibility.

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