Проблемы правового регулирования конфликта интересов в деятельности депутатов представительных органов муниципальных образований

Abstract

The article considers the category of “conflict of interests” in the activities of deputies of representative bodies of municipalities, identifies concepts, signs of this category and what place it occupies in anti-corruption measures. The legislative regulation of the conflict of interests in the Russian Federation, its features in relation to municipal positions are investigated, situations leading to a conflict of interests and problems of their suppression are identified. As a result of the conducted research, the presence of assumptions in the anti-corruption legislation was revealed, leading to the inability to qualify certain situations arising from municipal deputies as a conflict of interests. It is established that these reasons are due to the presence of legal gaps in legislative norms and the lack of a unified approach in the anti-corruption regulation of public administration. It is proposed to consider labor relations as the cause of a conflict of interests between a municipal deputy and the head of a municipal formation when the former replaces a managerial position in a municipal organization. It is proved that such relations will inevitably lead to a conflict of interests, when the requirements for the implementation of the official duties of the head of a municipal organization can be implemented to the detriment of deputy powers (his public interests), including an agreed mutually beneficial position on a number of issues in the representative body of a municipal deputy with the head of a municipal formation, reduces the objectivity and impartiality of a municipal deputy when voting for certain decisions beneficial to both sides of the conflict of interests. In order to eliminate the identified shortcomings, it is proposed, by analogy with the prohibitive provisions of the law on municipal service, to prohibit municipal deputies from combining deputy activities with labor in municipal organizations. The legal definition of “personal interest” has been clarified by introducing the concept of “labor relations” into its formulation as one of the possible types of communication between interested parties of a conflict of interest.