Проблемы реализации антикоррупционных стандартов в отношении лиц, замещающих государственные должности: конституционно-правовой аспект

Abstract

Introduction. The article analyzes examples of procedures related to the implementation of anti-corruption standards, taking into account the specifics of official relations, their administrative and intra-organizational nature. Theoretical analysis. The author reveals the problems of implementing anti-corruption standards. It is noted that in most cases the official legislation provides that the conclusions drawn from the results of all inspections are not binding. The final decision in relation to civil servants is made by the employer’s representative; the decision with regard to persons holding public positions is taken by the President of the Russian Federation; at the regional level, the heads of the constituent entities of the Russian Federation exercise control over compliance with anti-corruption standards. Empirical analysis. Currently, there is no specialized state anti-corruption body in the Russian Federation, but the need to create one is provided for by the UN Convention against Corruption. Results. The article concludes that the procedures for implementing anti-corruption standards in relation to persons holding public positions in the Russian Federation, as well as in relation to state and municipal employees, are essentially “internal” in nature. The constitutional and legal status of persons holding public office requires monitoring their compliance with anti-corruption standards with the participation of various branches of government. To this end, a specialized anti-corruption body should be formed at the federal level in the Russian Federation, which may become an Interdepartmental Commission on Anti-Corruption.