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Abstract
The relevance of the topic is related to the limitations of state (municipal) employees in public law and in the exercise of their rights and interests in private law relations. The article is devoted to the identification of the activities of state and municipal employees in the legal regulation, the norms related to their participation in corporate relations. The concept of “conflict of interests” and the purpose of its introduction into the current legislation is analyzed. The situations in which the establishment of restrictions on the rights of state (municipal) employees is redundant, since there is no direct connection with the emergence of a conflict of interests, are examined. It also identifies possible cases of seemingly legitimate behavior, in which violations on the part of employees in the corporate sphere are possible. It is concluded that it is necessary to detect and evaluate several components of employee behavior that entail the likelihood of a conflict of interest.
Highlights
The relevance of the topic is related to the limitations of state employees in public law and in the exercise of their rights and interests in private law relations
The article is devoted to the identification of the activities of state and municipal employees in the legal regulation, the norms related to their participation in corporate relations
The situations in which the establishment of restrictions on the rights of state employees is redundant, since there is no direct connection with the emergence of a conflict of interests, are examined
Summary
The relevance of the topic is related to the limitations of state (municipal) employees in public law and in the exercise of their rights and interests in private law relations. Корпоративный аспект проблемы проявляется в наличии фактической возможности участия государственных служащих в управлении корпорациями в ситуации конфликта интересов по причине отсутствия закрепленного в законе механизма выявления личной заинтересованности.
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