Дефиниция «конфликты интересов» в правовом регулировании судебной деятельности России

Abstract

The complexity of regulation of issues to prevent conflicts of interest in the activities of state, including judicial bodies, is due to the uncertainty of law arising from the lack of clear legislative structures to correlate the rule of law with the actual circumstances that indicate conflicts of interest. The aim of the study is the formation of scientifically based knowledge about the nature of conflicts of interest. The main objectives of the study are connected with the scientific substantiation of a general approach to the definition of «conflicts of interest», taking into account industry-specific features of their regulation; analysis of the main elements of the content of conflicts of interest, features of their legal regulation in Russian and foreign legislation. The modern methodology of comparative law makes it possible to analyze the substantive aspect of conflicts of interest, issues of their regulation, specifics of prevention in international and Russian legislation, for the optimal construction of the linguistic structure of their regulation in judicial activity. As a result of the study, the definition of «conflict of interest» is formulated. The systematic approach to determining the content of «conflicts of interest» is justified, taking into account the particular legal status of a judge.