Anti-corruption restrictions, prohibitions, and obligations in the system of administrative and legal measures to combat corruption: historical aspect and modern problems
This article examines the issues of legislative regulation of anti-corruption restrictions, prohibitions and obligations in the system of administrative and legal measures to combat corruption using historical-legal and comparative-legal methods. In the context of the development of anticorruption measures, the conceptual moment associated with the change in the understanding of the essence of corruption as a social phenomenon at the end of the XVIII century is considered, the current Russian legislation and scientific literature are analyzed in order to identify a number of problematic aspects of the regulation and enforcement of anti-corruption prohibitions, restrictions and duties in relation to state and municipal employees. The objectives of anti-corruption measures in the system of administrative and legal measures against corruption are highlighted. The author concludes that the validity of the introduction, modification and cancellation of these prohibitions, restrictions and obligations depends on the possibility of achieving the goals set. The author formulates a number of proposals were made to improve the legislation and directions for further improvement of the system of anti-corruption prohibitions, restrictions and obligations: search for an optimal model for monitoring compliance with anti-corruption prohibitions, restrictions and obligations, without which anti-corruption requirements are actually declarative; development of a legal mechanism that ensures the revision of anti-corruption prohibitions, restrictions and obligations in their systematic connection with the norms of civil, housing, family legislation, legislation on civil service, international legal standards, in order to timely introduce the required scientifically substantiated legislative changes.