Journal of Siberian Federal University. Humanities & Social Sciences / The Limits of Organizations’ Autonomy in Local Rulemaking in the Fight Against Corruption

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Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2026 19 (4)
Authors
Basalaeva, Svetlana P.
Contact information
Basalaeva, Svetlana P. : Siberian Federal University (Krasnoyarsk, Russian Federation);
Keywords
anti-corruption; organizational autonomy; local rule-making; labor rights of employees; anti-corruption compliance; forced self-regulation; the principle of proportionality
Abstract

The article examines the limits of the autonomy of organizations in local rulemaking in the context of the duty imposed on them by the state to combat corruption in accordance with Article 13.3 of Federal Law No. 273-FZ “On Combating Corruption”. It is shown that the integration of public-law anti-corruption requirements into the sphere of labor relations forms a dual regime of restrictions: a public- functional limit aimed at achieving the public interest in combating corruption, and a protective limit based on constitutional guarantees of workers’ rights and the prohibition of their deterioration by local acts. Based on the concept of “forced self-regulation” by J. Braithwaite and I. Ayres, as well as the constitutional proportionality test, the defects of the current model are revealed. The criterion of “functional conditionality” is substantiated, according to which anti-corruption duties are permissible insofar as they correspond to the labor function and the requirements of labor discipline

Pages
717–727
EDN
URJBHK
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/158259

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