Anti-Corruption Legal Education: An Overview of Conflict of Interest Prevention and Management Practices (Part 5)
Situation
A person replaces the position of commander of a military unit of the Armed Forces of the Russian Federation located in a territory remote from populated areas (hereinafter referred to as the commander of the unit), in which he also performs labor functions as a paramedic of the medical service of his spouse.
When his wife was hired, the commander of the unit notified his direct commander of the possibility of a conflict of interest. The notification was sent for consideration to the attestation commission authorized to consider the relevant notification (hereinafter referred to as the attestation commission).
In the course of consideration of the notification received by the attestation commission, it was established that, in accordance with the official regulations and the Charter of the Internal Service of the Armed Forces of the Russian Federation, the commander of the unit is the sole commander, exercises control over the activities of all military and civilian personnel of the unit without exception, makes appointments to military positions, resolves issues related to the labor activity of civilian personnel, makes decisions on rewarding subordinates for special merits.
The adoption by the commander of part of the decisions regarding his wife directly affects the possibility of receiving income in the form of money and other benefits for this person.
The possibility of obtaining the specified income and other benefits by a close relative of the unit commander as a result of exercising the powers of an official in relation to his close relative forms his personal interest, which, in accordance with Article 10 of Federal Law No. 273-ФЗ, indicates that he has a conflict of interest.
Decision
Taking into account that, due to the specifics of the location of the military unit and the current personnel situation, the attestation commission is recommended to ensure that all issues related to the establishment of wages, incentives and the imposition of penalties against the wife of the commander of the unit replacing the post of paramedic of the medical service of the military unit are considered at meetings of the attestation commission commissions.