Доверительное управление ценными бумаги, долями участия, паями в уставных (складочных) капиталах организаций, предусмотренное антикоррупционным законодательством

Abstract

ABSTRACT The subject of the study is a mechanism for regulating conflicts of interest using trust management to prevent corruption. The objectives of the work are to develop and adopt a separate regulatory document (model provision) to regulate the transfer of securities, participation shares, and shares in the authorized (pooled) capitals of organizations in accordance with the procedure provided for by the legislation of the Russian Federation, in order to identify and subsequently prevent corruption and its causes. It is proposed to consolidate specific legal norms in the model provision, dividing trust management into simply "trust" and "special" management to prevent conflicts of interest; to establish as the main criterion for choosing a trustee, which can be an individual entrepreneur or a commercial organization, with the exception of a unitary enterprise, the lack of connection with a public civil servant through whom the state performs its functions; oblige him to coordinate with the employer's representative the candidacy of the trustee and the content of the trust management agreement; include in the special trust management agreement a condition on the complete prohibition of the exchange of information between a public civil servant and the founder of the management on the activities of the trustee on trust management. The article discusses approaches to the assessment of trust management objects. Conclusions are drawn that at the legislative and subordinate levels, as well as in methodological recommendations, there is currently no necessary and sufficient basis for the effective implementation of the provisions provided for in Article 12.3 of the Federal Law "On Combating Corruption". Therefore, it is necessary to develop a model provision establishing the procedure for transferring securities, participation shares, and shares in the authorized (pooled) capitals of organizations to the trust management in order to prevent corruption.