The concept and substance of other оffense: unspecified term and consequences of it

Abstract

Introduction. Legislative regulation of the process of reforming the public service system is accompanied by the emergence of new concepts in the legal field, which do not always receive an unambiguous normative interpretation. This leads to their arbitrary interpretation, reduces the level of enforceability of the adopted acts. One of these concepts with an unspecified definition is the term “other offense” which was introduced into the legal field in 2009, but which has not yet received a clear regulatory definition.

Materials and methods. The study and es­tablishment of the meaning of the concept of “other offense” are based on the legislative acts regulating compliance with the requirements for official behavior of civil servants of the Russian Federation and municipal employees and preven­tion and settlement of conflicts of interest in the state and municipal service. The methodology of the study is based on the general method of cognition - dialectics, and general scientific methods: analysis, synthesis, deduction and induction, comparative legal, systemic, formal logical and other methods.

Research result. The analysis of legal normative acts determining the functioning of the agencies for the prevention of corruption and other offences operating at the federal and regional level has allowed us to establish that other offence is failure to observe requirements for office behavior that makes these concepts as synonymous and identifies the causal relationship between the moral culture of civil servants and the level of corruption.

Discussion and Conclusion. Clarification of the substantive boundaries of the concept of “other offense” allows determining the main directions of work and improving the efficiency of the relevant state bodies in order to implement their prescribed two-pronged, causal tasks - prevention of corruption and other offenses.