Journal of Siberian Federal University. Humanities & Social Sciences / Conflicts of Interest Between the Employer and the Employee When Sending on a Business Trip

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Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)
Authors
Basalaeva, Svetlana P.; Damm, Irina A.; Akunchenko, Eugeny A.
Contact information
Basalaeva, Svetlana P. : Siberian Federal University Krasnoyarsk, Russian Federation; Damm, Irina A.: Siberian Federal University Krasnoyarsk, Russian Federation; ; Akunchenko, Eugeny A.: Siberian Federal University Krasnoyarsk, Russian Federation
Keywords
corruption; anti-corruption; conflicts of interest; business trip; anti-corruption security
Abstract

Preventing and management conflicts of interest is an essential element of the anti- corruption system. It is of great significance for scholars studying various realms of legal regulation to academically understand and conceptualize this phenomenon. At the same time, notwithstanding a developed doctrine and extensive practice in preventing and management interest conflicts as to manifold types of public officials, this legal institution has not been studied enough in terms of labor relations. The article highlights that up to now two diametrically opposed approaches to making out anti-corruption aspect of interest conflict have emerged in the theory of labor law. Their existence does not allow conceptual foundations of anti-corruption activity to be fully developed in this scope of legal regulation. Authors support the stand that an employer has a general (economic) interest, which may conflict with interests of other subjects of labor relations. Within the framework of this approach, the corruption potential of conflict situation of sending an employee on a business trip is examined in the area of science and higher education. It has been inferred eventually that the employee’s interest in sending on a business trip does not constitute breaches of anti-corruption legislation. However, if there is such an employee’s interest, it is required to further investigate the content of the employer’s interest, which may be imaginary, implicit or absent. Therefore, a substantive analysis of interests of employer and employee in the event of starting, changing or terminating specific labor relations is a crucial task of departments (or their officials) for the prevention of corruption offenses. The fulfillment of this task will contribute to ensuring the anti-corruption security of the organization

Pages
1174–1182
EDN
VJJGGP
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/152982

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