Anti-Corruption Legal Education: An Overview of Practices for Preventing and Managing Conflicts of Interest (Part 4)
Situation
The spouse of the rector's son enters the state budgetary educational institution of higher education (hereinafter referred to as the university) as a teacher.
Notification of the possibility of a conflict of interest was not sent by the rector.
In the course of the prosecutor’s audit, it was established that, in accordance with his official powers, the rector manages the educational, scientific, economic and financial activities of the university, approves the amount of allowances, additional payments and bonuses to university employees based on the decision of the academic council of the university, in accordance with the labor legislation of the Russian Federation, takes on work, dismiss university employees, conclude employment contracts, exercise other rights and obligations of the employer, make decisions on encouraging university employees and imposing disciplinary sanctions on them.
The decision made by the rector on the distribution of the teaching load, in accordance with which the amount of remuneration of a particular teacher is determined, as well as on the establishment of the amount of the bonus paid to the teacher (the wife of the son), directly affects the possibility of receiving income in the form of money.
The possibility of obtaining the specified income as a result of exercising the powers of the rector in relation to the spouse of the son forms his personal interest.
This personal interest may affect the objectivity and impartiality of the performance by an official of his duties in 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
In order to prevent and resolve conflicts of interest, the rector decided to consider the issue of hiring his son's wife, setting her salary, as well as bonuses and penalties at meetings of the University Academic Council.
At the same time, during the prosecutor's check, it was established that, in accordance with the Charter, the rector of the university is a member of the academic council ex officio and is its chairman. The procedure for organizing the work of the Academic Council of the University, holding its meetings and making decisions is determined by the regulations of the Academic Council of the University, which is adopted by the Academic Council and approved by the Rector of the University.
Thus, the rector of the university has the opportunity to directly influence the decisions made by the academic council, and therefore the consideration of issues regarding the wife of the rector's son at a meeting of the academic council is not a measure to prevent conflicts of interest.
Based on the results of the commission meeting, it was recognized that the rector did not fulfill the obligation to take measures to prevent and resolve conflicts of interest, as well as the obligation to notify the employer of personal interest in the performance of official duties, which could lead to a conflict of interest.
Taking into account that during the audit, the facts of making unreasonable decisions in the employment of the spouse of his son, setting her wages and bonuses were not established, a disciplinary sanction in the form of a reprimand was applied to the rector of the university.