Extension of the Obligation to Report a Conflict of Interest on Members of Election Commissions

Abstract

Prevention and settlement of conflicts of interest performs an important function in the anti-corruption system, since it reduces the risk of committing various acts of corruption, which are based on the illegal use of the advantages of official (service) position or public status. Despite a high preventive potential of the obligation to notify about a conflict of interests, this anti-corruption standard of conduct does not apply to such a category of subjects of the electoral process as members of election commissions with the right to vote working not permanently in the relevant commission. In order to unify anti-corruption standards, the authors substantiate the need to eliminate contradictions between provisions of Part 4.1 of Article 12.1 of the Federal Law «On Combating Corruption» and paragraphs 15.3, 15.4 of Article 29 of the Federal Law «On Basic Safeguards of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation» by extending the obligation to notify of a conflict of interest and applying it all members of election commissions with the right to vote regardless of the reason of position replacement.