Anti-Corruption Legal Education: An Overview of Conflict of Interest Prevention and Management Practices (Part 3)
Situation
The head of the administration of the city district (hereinafter referred to as the head of the administration) makes a decision to allocate funds to the general education school in which his children study for organizing recreation for children during the holidays.
The head of administration, in accordance with the established procedure, promptly sent a notification about the possibility of a conflict of interest.
The powers of local self-government bodies of municipal districts and urban districts to address issues of local importance in the field of education include, among other things, the implementation, within their powers, of measures to ensure the organization of recreation for children during the holidays.
The implementation by the head of the administration of the functions of the main manager of budgetary funds in terms of allocating funds in favor of the school in which his children study affects the possibility of receiving income in the form of money by this organization, which forms a personal interest.
The personal interest of the head of administration may affect the objectivity and impartiality of the exercise of his powers, which, in accordance with Article 10 of Federal Law No. 273-ФЗ, indicates that he has a conflict of interest.
Decision
Considering that the Council of Deputies considers and makes decisions on approving the budget and the annual report on its execution, exercises financial control over the implementation of the budget, in order to prevent and resolve conflicts of interest, the commission recommended:
take measures to implement additional financial control and bring the conclusion of the control and audit commission of the city district to the attention of the Council of Deputies;
ensure notification of the Council of Deputies, as well as the Control and Auditing Commission of the city district, authorized to exercise control over the execution of the budget of the city district, about making decisions on the budget and other issues related to the exercise of the powers of the head of administration in relation to the educational institution with which personal interest is connected, in accordance with the Regulations on the budgetary process in the city district, approved by the decision of the Council of Deputies of the city district;
ensure the adoption of appropriate decisions based on the conclusion of the control and audit commission of the city district and the position of the Council of Deputies.