Anti-corruption regulation of investment activities of military personnel in the stock market

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the article raises a number of controversial issues of legal regulation of investment activity of military personnel in the securities market at the present stage of development of the russian legal system. currently, despite the existence of an appropriate regulatory framework, both in the scientific community and among officials of the military administration, there is no clear understanding of the scope and nature of anti-corruption restrictions on the acquisition and possession of securities imposed in connection with military service. materials and methods: the normative basis of the study was the constitution of the russian federation, the civil code of the russian federation, federal laws "on the status of military personnel", "on military duty and military service", "on the state civil service of the russian federation", "on combating corruption", "on the prohibition of certain categories of persons to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the russian federation, own and (or) use foreign financial instruments" and other regulatory legal acts. the methodological basis of the study was the methods of induction and deduction, system analysis, interpretation of legal norms, comparative legal method. the results of the study: the work carried out a comprehensive theoretical and legal analysis of the modern legislation of the russian federation in the field of prohibitions and restrictions of military service related to investment in the securities market, on the basis of which the author's interpretation of the relevant regulations was given and the need to clarify some legislatively established anti-corruption regulations was shown. findings and conclusions: the author comes to the conclusion that the legislation of the russian federation does not establish a categorical ban on investing in securities by military personnel. however, the legislator imposes some restrictions on this type of activity related to public service. since there is often an expansive interpretation of the established restrictions in law enforcement practice, the results of the study have not only theoretical, but practical significance, and can be used for the purpose of legal education of military personnel, as well as officials of personnel services responsible for compliance with anti-corruption measures in military organizations.

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Anti-corruption bans and restrictions of public service, investment activity of a serviceman, securities, conflict of interest, foreign financial instruments

Короткий адрес: https://sciup.org/143179521

IDR: 143179521   |   DOI: 10.55001/2312-3184.2022.11.96.022

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