CONTENTS OF THE LIMITATION OF RELATED PERSONS’ COOPERATION FOR PUBLIC SERVANTS

Abstract

The article singles out a number of specific signs of limiting the joint work of close people and separate processes of ensuring its implementation, including: – legal and social nature, the symbiosis of which is manifested in the purpose of implementing this restriction, namely the prevention of conflict of interests in public service (legal aspect), as well as nepotism, cronyism and favoritism as socio-cultural phenomena; – clear legislative regulation of cases of restriction of joint work of close persons, in case of direct subordination of the latter to each other, is aimed at covering all aspects of labor relations, regardless of their nature: legal (hiring or dismissal from work; application of incentives or disciplinary sanctions; conclusion, change and termination of the employment contract; transfer of the employee to another job, including temporary change of the essential working conditions, etc.) – the list of close persons, the restrictions on which are provided by the anti-corruption legislation, although it is defined at the regulatory level, but it cannot be considered complete, which as a result limits the effectiveness of such a restriction in terms of preventing cronyism in the field of public service (for example, the list of close persons does not include those, which became such as a result of the conclusion of spiritual unions); – the absence of a clear distinction with another restriction on the prevention of conflict of interests, as a result of which, in the theoretical and applied plane, measures aimed at compliance with the latter are used as measures to ensure the former, which in turn reduces the effectiveness of the restriction on the joint work of close persons, in combination with imperfect legislative procedures, which contain collisions and gaps.