Conflicts in Legislation Establishing the Procedure for Transferring Securities, Participatory Interests, Shares in Authorized (Share) Capital of Organizations for Trust Management under the Legislation of the Russian Federation on Combating Corruption

Purpose of the research. Questions of law enforcement activity on definition of the arisen situation as conflict of interest and problems of its settlement as well as minimization of its consequences are rightly referred by scientists and law enforcers to the number of urgent and sufficiently reflected in scientific literature. Among the most common causes of conflicts of interest that have not yet found adequate legal regulation due to the lack of effectiveness of modern anti-corruption legislation, as well as its collision, loopholes and blanket, is the possession by a certain category of public persons of income-generating assets, including securities, shares in the authorized capital of organizations. The research is aimed at finding and characterizing the conflicts and gaps inherent in the modern anti-corruption legislation in terms of establishing the procedure for transferring securities, shares in authorized (share) capital of organizations for trust management, as well as determining the main directions and developing specific proposals to overcome them in order to form an effective mechanism to resolve conflicts of interest. Conclusions. The author has allocated the basic conditions of occurrence of conflict of interests, having analyzed a set of federal laws and subordinate acts regulating counteraction to corruption, has concluded that a wide enough but not precisely defined list of persons who are entrusted with execution of duty on prevention and solution of conflict of interests, and also there is no normative legal act fixing a unified procedure of notification by the person about occurrence (about possible occurrence) of conflict of interests, and also a unified order of the conflict of interests. At the same time the author, summarizing the results of the study, proposed the main directions of formation of the mechanism of transfer of assets, including the notification of statutory persons.

corruption, fiduciary management, security, conflict of interest, unit, conflict, prevention