Ruchkina G.F. On Improving the Procedure for Transferring Securities to Trust Management: an Analysis of Russian and Foreign Anti-Corruption Legislation
DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.3
Gulnara F. Ruchkina, Doctor of Sciences (Jurisprudence), Professor, Honored Lawyer of the Russian Federation, Dean of Faculty of Law, Professor of the Department of Legal Regulation of Economic Activities, Financial University under the Government of the Russian Federation, 4-y Veshnyakovsky Proyezd, 4, 109456 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9259-8171
Introduction: the paper analyzes the regulation of the procedure for transferring to trust management of securities, as well as participation interests, shares in the authorized (pooled) capitals of organizations in accordance with the anti-corruption legislation in the Russian Federation and abroad. Purpose: to resolve the issue of improving the mechanism for transferring financial instruments of a civil servant to trust management. Methods: the methodological framework was formed by the methods of scientific cognition, including such main ones as the methods of consistency, analysis and comparative law. Results: the author identifies the legal gaps in the Russian legislation and suggests using positive foreign experience in the application of the anti-corruption legislation in the legal relations for the transfer of securities to trust management in such countries as the USA, Canada, Albania and Chile, as they have comprehensively developed the legal regulation of the institution of trust management of property of civil servants. Conclusions: the paper contains specific proposals for the implementation of foreign legislation into the current legislation of Russia, namely the establishment of a special state trust (trustee), the consolidation of his legal status, the possibility of prohibiting officials from owning and using their assets in a separate regulatory legal act of the federal level.
Key words: trust management, civil servant, trustee, corruption violations, anti-corruption, conflict of interest, asset management.
Citation. Ruchkina G.F. On Improving the Procedure for Transferring Securities to Trust Management: An Analysis of Russian and Foreign Anti-Corruption Legislation. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 27-36. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.3
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