Disciplinary Responsibility Research Articles

On current problems of the mechanism of liability of judges for disciplinary misconduct: law enforcement practice, general approaches Part 4. Approaches to improving and improving the efficiency of the organizational and legal mechanism of disciplinary responsibility of judges (Continuation)

In the final, fourth part of the article, published in 2024 in the journal “State and Law”, certain results of the problems considered in its first three parts are summed up (part 1 – “Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?” (No. 3); part 2 – “On problems of disciplinary responsibility of court heads” (in two sections) (No. 4, 5); part 3 – “On the disciplinary responsibility of retired judges” (No. 6)). Conclusions are drawn about the imperfection of this mechanism with specific examples of law enforcement (and especially judicial) practice, including those caused by the imperfection of legislation in the area of public relations under consideration. Specific, including radical, proposals are being made aimed at improving and increasing the effectiveness of both the named mechanism as a whole and its individual links.

THE IMPACT OF THE TRANSFER, APPOINTMENT, AND DISMISSAL OF JUDGES ON JUDICIAL INDEPENDENCE IN LIGHT OF THE 2020 CONSTITUTIONAL AMENDMENT

Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitutional amendment. It also examines the council's authority in supervising judicial discipline, which entails criminal, civil, and disciplinary responsibility as stipulated in the organic law and the 2020 Constitution. Method: The objective analytical method was used, as the subject of this study is derived from legal texts and their analysis. Results and Discussion: The Supreme Judicial Council in Algeria continuously reviews its composition and institutions to adapt to the requirements of the constitution and the law. Its independence limits interference from any authority, including the legislative or executive branches, in the judiciary's professional path. This applies to the appointment, transfer, promotion, and dismissal of judges, and also encompasses all matters related to judges. Research Implications: The results indicate that the 2020 Constitution has made the Supreme Judicial Council more adaptable to current developments and strengthened its independence, particularly in relation to the appointment, transfer, promotion, and dismissal of judges. However, it is necessary to ensure that the composition of the Supreme Judicial Council is exclusively comprised of members of the judiciary, and that the position of President of the Supreme Judicial Council is assigned to the Chief Justice of the Supreme Court to support guarantees. Originality/Value: This study serves as a contribution to the field of judicial independence through the appointment, transfer, promotion, and dismissal of judges. It enhances this specialization and supports independence by referring to the 2020 constitutional amendment. The study is limited and has not been deeply explored before, providing valuable insights into the Supreme Judicial Council's efforts to strengthen judicial independence in light of the 2020 Constitution.

THE REALITY OF PARALLEL TRADE IN CRIMINAL LEGAL TEXTS

Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitutional amendment. It also examines the council's authority in supervising judicial discipline, which entails criminal, civil, and disciplinary responsibility as stipulated in the organic law and the 2020 Constitution. Method: The objective analytical method was used, as the subject of this study is derived from legal texts and their analysis. Results and Discussion: The Supreme Judicial Council in Algeria continuously reviews its composition and institutions to adapt to the requirements of the constitution and the law. Its independence limits interference from any authority, including the legislative or executive branches, in the judiciary's professional path. This applies to the appointment, transfer, promotion, and dismissal of judges, and also encompasses all matters related to judges. Research Implications: The results indicate that the 2020 Constitution has made the Supreme Judicial Council more adaptable to current developments and strengthened its independence, particularly in relation to the appointment, transfer, promotion, and dismissal of judges. However, it is necessary to ensure that the composition of the Supreme Judicial Council is exclusively comprised of members of the judiciary, and that the position of President of the Supreme Judicial Council is assigned to the Chief Justice of the Supreme Court to support guarantees. Originality/Value: This study serves as a contribution to the field of judicial independence through the appointment, transfer, promotion, and dismissal of judges. It enhances this specialization and supports independence by referring to the 2020 constitutional amendment. The study is limited and has not been deeply explored before, providing valuable insights into the Supreme Judicial Council's efforts to strengthen judicial independence in light of the 2020 Constitution.

On the question of administrative-delicit law of Ukraine

The article notes that the active development of social relations affected the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. And therefore, the prospects of administrative and legal science, as well as the fields of administrative law, are connected with modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is emphasized that administrative law regulates a significant number of different social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations that are subject to the norms of administrative law, which is currently in the stage of systemic reform and is mostly connected with relations to ensure implementation of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons of public law. Attention is drawn to the attempts to reform the administrative-tort legislation, since the codified act of the administrative-tort legislation adopted in Soviet times does not meet the realities and requirements of today. Therefore, the issue of updating the administrative-delict legislation occupies a prominent place in the scientific developments of domestic legal scientists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that administrative-tort law, despite its own specificity, a significant number of various functions (regulatory, binding, permitting, protective, educational etc.), is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms that regulate relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative-delict law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure of bringing a person to administrative responsibility, completely different from that regulated by the Code of Administrative Offenses, which requires new theoretical views on the establishment of a system of administrative penalties.

ПРАВОВЫЕ ПОСЛЕДСТВИЯ СОВЕРШЕНИЯ ОСУЖДЕННЫМИ К ПРИНУДИТЕЛЬНЫМ РАБОТАМ АКТОВ ЧЛЕНОВРЕДИТЕЛЬСТВА

The article examines the specifics of the goals and forms of committing acts of self-mutilation by convicts. The author analyzes some of the legal consequences of such acts, namely: bringing to disciplinary responsibility; compensation for material damage caused; failure to complete the period of temporary disability of the convicted person caused by intentional harm to his health; refusal to realize a legitimate interest in exemption from punishment due to illness. As a result, the expediency of fixing in legislation the specified legal consequences in relation to those sentenced to forced labor is determined.

Disciplinary responsibility of magistrates in the modern legal system: procedural aspects

Disciplinary responsibility of magistrates in the modern legal system: procedural aspects

Terms of consideration of claims in disciplinary proceedings through the prism of individual decisions of the Higher Qualification and Disciplinary Bar Commission

The article analyzes some aspects of consideration of claims (complaints) for improper behavior of an advocate, which may result in his disciplinary responsibility, in terms of compliance with the terms of consideration of such claims (complaints) provided for by the current legislation. To date, the legislation provides for any person to file a complaint against an advocate regarding the disciplinary action of the latter. This opportunity is primarily intended to protect people’s rights from unlawful and illegal actions of an advocate. The protection of rights includes, among other things, the inevitable onset of specific disciplinary responsibility of the advocate. The author analyzed the decisions made by the Higher Qualification and Disciplinary Bar Commission based on the results of the review of the decisions of the Qualification and Disciplinary Bar Commissions regarding compliance with the terms of disciplinary proceedings in the process of considering claims (complaints) regarding the behavior of advocates. Through the prism of the decisions of the HQDBC, the approximate terms of the disciplinary proceedings have been established, within which claims (complaints) are considered. This study took into account the decisions of the HQDBC, made by this self-governing body of the bar in 2023. These decisions related to the QDBC’s inaction regarding failure to make timely decisions based on the results of the claim (complaint) submitted to advocates, groundless suspension of disciplinary proceedings against the advocates, long-term inaction of the QDBC regarding failure to take any actions to consider the claim (complaint). The analysis of these decisions made it possible to distinguish problems that directly affect the legality of the final decision of the QDBC. At the same time, such an analysis made it possible to assess the systemic nature of this problem and determine its causes. According to the results of the study of the Law of Ukraine “On the Bar and Practice of Law” [1], the author concluded that there is no article in it that would provide for the responsibility of persons participating in the decision-making of the QDBC, which contributes to the violation of the principle of reasonable time of the hearing. In turn, the analysis of the practice of the decisions of the HQDBC provided an opportunity to confirm the fact that the terms of consideration of cases are too long, exceed the limits of both reasonable time of the hearing and the terms specified in sub-legal normative acts, and often lead advocates to avoid responsibility.

Institute of anti-corruption authorized state body of government and local government bodies: features of the legal regulation

The article analyzes the provisions of the Law of Ukraine “On the Prevention of Corruption”, the Model Regulation “On the Authorized Unit (Person) on Prevention and Detection of Corruption” and other specialized legislation from the point of view of regulating the activities of the anti- corruption officer of state authorities and local self-government bodies. The complex of measures to prevent and detect corruption, which are entrusted to the authorized persons in the implementation of their activities in state bodies, local self-government bodies, state enterprises, institutions, and organizations, has been studied. It was established that the anti-corruption commissioner exercises control over compliance with anti-corruption legislation in the relevant body, its territorial (inter-regional) bodies and legal entities belonging to the sphere of management of the relevant body through cooperation with the management, employees and other authorized bodies (persons) in accordance with the current legislation. It was found that in the current legislation of Ukraine there are two institutions of anti-corruption commissioners, different in terms of legal regulation, but unified in terms of the purpose of their activity. Namely, the first institute provides for the formation (definition) of authorized divisions (authorized persons) on issues of prevention and detection of corruption, in particular, at enterprises, institutions and organizations belonging to the sphere of management of a state body and regulates its activities, and the second institute of anti-corruption officers , specifically for legal entities whose anti-corruption programs are approved in accordance with the Law. It is emphasized that the fulfillment of a number of tasks by the authorized person is related to direct interaction with the management of the state authority or local self-government body, including on the issues of conflict of interest settlement, whistleblower protection, bringing guilty persons to disciplinary responsibility for violating the requirements of anti-corruption legislation, informing about the facts of committing such violations, managing corruption risks.

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility of heads of courts (section 2)

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility of heads of courts (section 2)

Employment Discipline And the Threat of Dismissal Asregulators of the Labor Market in Kazakhstan (SDG)

Objective: This study investigates the role of unemployment as a mechanism of labor discipline in Kazakhstan. It analyzes the relationships between the official unemployment rate and the labor legislation reforms regulating labor discipline that have occurred since Kazakhstan gained independence. The manuscript outlines the developmental stages of labor legislation concerning labor discipline. Method: The research is based on a comprehensive analysis of statistical data, legislative acts, and judicial practices in Kazakhstan. Data sources include official statistics on unemployment and labor disputes, an analysis of changes in the Labor Code of Kazakhstan, and a review of judicial decisions related to disciplinary sanctions and dismissals. Results: The study reveals that strengthening disciplinary responsibility and expanding the powers of employers have significantly contributed to the decline in unemployment in Kazakhstan. These results support the hypothesis that strict labor discipline and pressure on employees can positively impact the overall labor market. However, this impact is not isolated but part of a broader set of measures. Contribution: This research provides a detailed comparative analysis of the number of labor disputes and the evolution of Kazakhstan's labor discipline legislation. Key observations include the correlation between stringent disciplinary norms and reduced unemployment, the influence of judicial practices on labor discipline, and the necessity of balancing strict discipline with fair treatment to prevent legal disputes. The findings offer valuable insights for optimizing labor policies to support sustainable labor market development in Kazakhstan. These insights align with the goals of SDG 8, which promotes sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all.

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility Of heads of courts (section 1)2

In the first part of this article (“Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary liability?”) the modern problems of the mechanism of judges’ responsibility for disciplinary misconduct were considered. This second part of this article examines the current problems of the organizational and legal mechanism of disciplinary responsibility of heads (chairmen and deputy chairmen) of courts. Attention is drawn to the fact that the status of heads of courts is twofold: on the one hand, they are judges who directly administer justice, on the other hand, heads of a judicial body with powers and responsibilities to organize the work of the court (to ensure, within their powers, financial, material, resource, information and other parties), the implementation of general management of the activities of the court’s staff, and most importantly, to ensure the judicial and effective operation of the court on the principles of justice. Attention is drawn to the fact that the current legislation (and even partly the Constitution of the Russian Federation) provides for the responsibility of heads of courts for gross misconduct, which does not qualify as disciplinary, and the penalty for it is one – early termination of the powers of the head of the court, and in some cases the powers of a judge, without the possibility of applying other, less severe, penalties (penalties). It is proposed to formalize some new, real-life functions of the heads of courts with the establishment of a mechanism for their non-fulfillment. It is proposed to introduce the institution of the oath of the head of the court (separate from the oath of the judge) with the introduction of liability for violation of this oath, in particular for interference in the judicial activities of judges of the court headed by this head. Other proposals are also being made.

Disciplinary responsibility of Judges in Spain (based on the materials of the working visit of the members of the High Council of justice to the General Council of the Judiciary of Spain)

Disciplinary responsibility of Judges in Spain (based on the materials of the working visit of the members of the High Council of justice to the General Council of the Judiciary of Spain)

On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct; law enforcement practice, general approaches. Part 1. Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?

The article criticizes the current situation regulated by law, in which a gross disciplinary misconduct of a judge, entailing the early termination of his judicial powers, is considered as a measure of disciplinary responsibility. The conclusion is substantiated that the early termination of the powers of a judge for gross misconduct should entail a measure of not disciplinary, but constitutional responsibility. The mechanism of constitutional responsibility of a judge is partially provided for by the constitutional innovations of 2020 only for a little over two thousand judges, and the Federation Council can apply it, which is not typical for a legislative body, and which destroys the unity of the status of judges. The rationale for its development should be based on the premise that a judge’s gross misconduct, which deserves early termination of his powers, is primarily a violation of the judge’s oath, which currently does not provide for any consequences under current legislation and corporate regulation. Appropriate proposals are made with the necessary justifications.

ON THE ISSUE OF INCREASING PUBLIC CONFIDENCE IN THE JUDICIAL SYSTEM

Trust in the judicial system is an important indicator of the quality of the administration of justice. Kazakhstan's world ranking remains insufficient and needs constant improvement. Kazakhstan is currently working to improve public confidence in the court and the judicial system. Resonant publications in the mass media and social networks also testify to the low trust of society. The reasons for such distrust are internal problems that have acquired a systemic nature. As judicial practice and pre-trial conversations show, there is a common practice in courts among judges, the execution of an oral order by the management of the court or a higher court. Such behavior of judges consists in the presence of administrative levers of pressure on the judge. There are several such levers. The first way to put pressure on a judge is to evaluate his professional activity. If a judge has overturned decisions by higher courts and certain violations of judicial ethics, the Commission on the Quality of the Administration of Justice may make a negative decision. The second method of administrative levers of pressure on the judge is to bring the judge to disciplinary responsibility by reviewing the judge's personal file in the Judicial Jury. If a judge has overturned decisions by higher courts and certain violations of judicial ethics, the Judicial Jury may also make a negative decision. All these levers force the judge to make decisions that are beneficial to the higher court or the leadership of the court, thereby undermining the foundations of justice. To this end, it is important to take a number of important measures. The first of which is the selection of personnel for the judicial system. The second is to eradicate the practice of holding judges accountable for a cancelled or amended decision.

ЗЕМЕЛЬНІ ПРАВОПОРУШЕННЯ: РОЗМЕЖУВАННЯ КРИМІНАЛЬНОЇ, АДМІНІСТРАТИВНОЇ І ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ

The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.

Responsibility For Disciplining Civil Servants: A Comparison Between China’s Law And Vietnam’s Law

Vietnam and China are two countries with the same political system, so there are many similarities in civil servant law, including responsibility for disciplining civil servants. The responsibility to discipline civil servants is considered a fundamental foundation to ensure the fairness of the civil service. For Vietnam, the responsibility to discipline civil servants has been implemented and brought achievements to civil servant management activities, but certain limitations still exist. In that context, it is necessary to clarify theoretical issues about civil servants and civil servant disciplinary responsibilities; analyze the current legal situation on civil servant disciplinary responsibility in Vietnam and China, similarities and differences; propose solutions that contribute to perfecting the law on disciplinary responsibility for civil servants and ensuring disciplinary action against civil servants in our country today is important and necessary. To achieve this goal, this study focuses on understanding legal documents on civil servants of Vietnam and China, analyzing, synthesizing, evaluating, and comparing with practice from which to draw necessary conclusions, contributing to perfecting the law on disciplinary responsibility for civil servants.

Disciplinary responsibility of prosecutors of Ukraine: grounds, procedure and features of disciplinary proceedings

The paper is devoted to issues related to bringing prosecutors to disciplinary responsibility in Ukraine. Disciplinary responsibility is a type of legal responsibility that, compared to others, is the most common and often applied to prosecutors. It is worth noting that the existence and consolidation of the disciplinary responsibility of prosecutors at the legislative level does not contradict European standards and is justified, since this type of responsibility acts not only as a guarantor of the prosecutors' performance of their duties, ensuring the rights of citizens, society and the state, but also contributes to the prevention of offenses with by the prosecutors themselves. From a doctrinal point of view, the disciplinary responsibility of prosecutors is considered as a special, independent type of legal responsibility, which is applied in a specific sphere of human life and is related to the professional activity of special subjects - prosecutors. Disciplinary responsibility of prosecutors as a type of legal responsibility consists in the infliction by the violator of prosecutorial discipline of adverse moral, material and organizational deprivations for him and is one of the means of ensuring compliance of the activity and behavior of prosecutors with professional standards. It cannot be claimed that today the practice of bringing prosecutors to disciplinary responsibility is clearly developed and unambiguous. Both the theory and the practice of holding prosecutors to account require serious consideration and the introduction of new approaches in order to increase their effectiveness. In general, the disciplinary responsibility of prosecutors is aimed at forming a responsible professional approach and stopping offenses in the legal sphere, in particular the corruption component.

Judicial Discretion, Judicial Errors and Disciplinary Responsibility of Judges: Current Issues

This article analyses the concept of miscarriage of justice in the context of disciplinary responsibility of judges. In the first part of the article the author proves the necessity and inevitability of judicial discretion as a tool to ensure the consistency of legal regulation, and also raises the problem of the limits of judicial discretion. It is argued that disciplinary measures should be applied only in exceptional cases, otherwise the independence of the judge will not be ensured. With this in mind, the second part of the article defines the relationship between the concepts of “disciplinary offence” and “miscarriage of justice”. The provisions of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” as well as legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation devoted to this issue are considered in a theoretical-legal and historical-legal key. On the basis of their analysis, the author distinguishes between ordinary and gross miscarriages of justice. The final part of the article examines the objective and subjective sides of a miscarriage of justice and proposes the attributes, if any, which may be grounds for bringing a judge to disciplinary responsibility. Particular attention is paid to analysing the sign of systematicity, which is often used in judicial practice. The definition of a miscarriage of justice is formulated, which is proposed to be enshrined in Article 12.1 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation”.

Participation of a lawyer in disciplinary proceedings against judges

The article examines certain aspects of a lawyer’s participation in disciplinary proceedings against a judge. It is noted that a lawyer in disciplinary proceedings against a judge can be both the initiator, upon whose complaint the disciplinary proceedings were opened, and the judge’s representative for the purpose of protecting his rights and interests. The focus of the study is on the representation of judges by a lawyer. Such interest is due to a number of reasons. First, since August 2020, the High Council of Justice has accumulated a significant number of disciplinary proceedings against judges, the resumption of proceedings of which took place only recently. Secondly, advocacy during the war underwent a significant transformation, as the demand for advocacy services changed. Many areas of lawyer practice have lost their relevance, which requires lawyers to review their approaches to their own professional development and areas of professional activity. In this context, a significant array of disciplinary proceedings against judges opens up new opportunities for lawyers. Their participation in the disciplinary procedure in relation to the judge is a promising direction for the development of the specialization of advocacy.
 Representation of a judge by a lawyer in disciplinary proceedings is a rather specific type of lawyer’s activity. After all, as a jurisdictional procedure, disciplinary proceedings against judges must meet the requirements of a «fair court» within the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which has many nuances. In particular, we are talking about the observance of such principles as openness, equality of parties, competitiveness and others in disciplinary proceedings. At the same time, the legal status of a judge implies a set of specific rights and duties of a judge along with numerous guarantees of his independence, which must be observed by all without exception. In addition, the legislation regulating the procedure for bringing a judge to disciplinary responsibility has recently undergone significant changes. Collectively, this requires a significant intellectual resource from the lawyer, which will allow to effectively protect the rights and interests of the judge in disciplinary proceedings, as well as to reasonably position oneself on the market of legal services in this segment of the lawyer’s specialization.

Failure to take measures to prevent and resolve conflicts of interest: labor law issues

The subject of the study is the failure to take measures to prevent and resolve conflicts of interest. Failure to take measures is considered as an element of the objective side of disciplinary misconduct in labor relations, the composition of which is defined in paragraph 7.1. part 1 of Article 81 of the Labor Code of the Russian Federation, along with such elements as "conflict of interest" and "loss of trust". The types of measures are studied, the collision of their anti-corruption and labor-law nature; the subject of taking measures; the possibility of choosing a measure by an employee and an employer; the legal consequences of non-acceptance; the head as a subject of responsibility in case of non-acceptance of measures; the obligation to notify about a conflict of interests; the content of the concepts of "prevention" and "settlement". The object of the study is labor relations in terms of disciplinary responsibility for corruption offenses and related official legal relations. The author uses the general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, systemic-structural, formal-logical (deduction, induction, definition and division of concepts) and others. The article discusses the following problematic issues: 1) the ratio of measures provided for by anti-corruption legislation with labor law institutions, in particular, transfer to another job and suspension from work; 2) the possibility of abuse of the right by the employer and violation of the rights of the employee when taking measures; 3) the situation of legal deadlock when it is impossible to take measures; 4) unjustified inconsistency of legal regulation of measures in labor and official legal relations. The article draws conclusions about the illegality of dismissal only for failure to inform about a conflict of interest; about the priority of the employee's right to choose a measure to avoid abuse of the right by the employer; about the unification of legal regulation of suspension from work for the period of investigation of corruption misconduct or dismissal of the head for failure to take measures in labor and official relations; about ways out of the "legal impasse" if it is impossible to resolve a conflict of interest, in particular, a separate basis for termination of an employment contract due to circumstances beyond the control of the parties, or permission to act in a conflict of interest with little benefit.