The Organization of Corruption Counteraction and the Prevention of a Conflict of Interests in Judicial Activities

Abstract

At present corruption is a trans-border phenomenon which violates the integrity of the state structure, disrupts the work of public authorities and, specifically, undermines the trust and respect for courts. The authors study international experience and the practice of special anti-corruption divisions of the Supreme Court of the Russian Federation, of the courts in the subjects of the Russian Federation as well as the practice of the Higher Qualification Board of Judges on Conflict Resolution and the Council of Judges of the Russian Federation. The authors use an integrative understanding of law to conduct the analysis of systemic connections between the international basics of counteracting corruption and the national specifics of combating this negative phenomenon. They conclude that international experience has a special value for optimizing the organization of various aspects of the judicial system. In accordance with the requirements of international law and the specific features of national legal systems, the authors use an inter-disciplinary approach needed for the effective prevention and counteraction of corruption. Theoretical results of this research are used in the basic and special models of organizing corruption counteraction and preventing a conflict of interests while taking into account the contemporary legislation trends in many countries. Practical results of research contain suggestions on optimizing the organization of corruption counteraction in the judicial system: regulating the systemic interaction of the anti-corruption commissions with law enforcement and other state bodies at the level of departmental documentation; determining the procedure for the interaction of these commissions with the Human Resources departments of courts. To optimize the work of commissions in the Russian Federation on the basis of existing regulations, it is necessary to organize a methodological support of their work (in particular, regarding the professional development of commission heads and members). Practical conclusions could be used to optimize the work of the corresponding divisions of the Supreme Court of the Russian Federation and the courts of the subjects of the Russian Federation.