Prevention of a Corruptogenic Factor in Legal Regulation of the Conflict of Interests
Establishment and elimination of a corruptogenic factor is one of optimum ways of prevention of the conflict of interests. Features of standard fixing and also law-enforcement practice testifies to a significant role of judicial authorities in establishment and elimination of a corruptogenic factor. However the existing organizational and legal bases of the considered direction of prevention of the conflict of interests need improvement. Need of modification of the organization of conducting anti-corruption examination by means of a specification of powers of court in considered activity is proved in article. The role of judicial authorities in legal monitoring and legal forecasting concerning prevention of corruption manifestations is defined. Research objective: to prove offers on optimization of prevention of a corruptogenic factor in judicial activity. On the basis of a goal the following tasks are solved: powers of court in conducting anti-corruption examination are concretized; the directions of legal monitoring by definition of a corruptogenic factor in judicial activity are formulated; need of carrying out system legal forecasting on the studied subject is proved. The fundamentals of methodology of a research of prevention of a corruptogenic factor in judicial activity are made by the cross-disciplinary approach including both general scientific methods, and the chast-nonauchny methods considering various factors of manifestation of the conflict of interests in judicial activity. Establishment and elimination of a corruptogenic factor in judicial activity is possible by means of conducting anti-corruption examination; legal monitoring, legal forecasting. Each of the considered directions assumes accurate fixing of organizational and legal and procedural powers of courts and bodies of judicial community for optimization of prevention of the conflict of interests.