Conflict of interest in criminal liability for corruption-related offences

Volume 4, Number 4, 2019, P. 319–326


Article (file: pdf, size: 185 KB, downloads: 360)


The author considers the concept and system of criminal responsibility grounds that are interpreted as a settled and resolved contradiction. It describes the levels of the grounds for criminal liability as a phenomenon of objective law (criminal law prohibition). These grounds are specificated in the context of corruption-related crimes. The concept of a conflict of interest and its relationship with these crimes are analyzed. The author applies formal legal, social legal, and comparative methods. As the legal definitions of the concept of “conflict of interest” are sufficiently detailed in modern legal literature, the article focuses on determining the place of this phenomenon in the system of grounds for criminal liabi lity for corruption-related crimes. This system is formed by three levels where the third one is a corpus delicti that is the basis of criminal liability as a phenomenon of subjective law. The second level is the contradiction between the public danger of harming the benefits and values, the protection of which the society is interested in using criminal law means, on the one hand, and the social need for protecting these values from socially-dangerous infringement, on the other hand. Such a contradiction is resolved by designation of a criminal law prohibition. The conflict of interest is the third level of grounds, and it is an intrapersonal contradiction, the resolution of which can create a threat to the values and interests protected by the criminal law. In line with this situation of a conflict of interest in the system of criminal responsibility grounds for corruption-related crimes, the author concludes that it is necessary to influence it to prevent such crimes.


grounds for criminal liability, criminal law prohibition, social contradiction, conflict of interest, corruption-related crimes


Egor A. Kulikov, Cand. Sci. (Juridical Sciences), Associate Professor of Criminal Law and Criminology Department, Altai State University, Barnaul, Russia

For citation:

Kulikov E.A. (2019) Conflict of interest in criminal liability for corruption-related offences. Social Competence. Vol. 4. No. 4. P. 319–326. (In Russ.)


  1. Zhalinskii A.E. (2006) Modern German criminal law. Moscow: Prospekt. 560 p. (In Russ.)
  2. Zhalinskii A.E. (2013) Criminal law in anticipation of change: theoretical and instrumental analysis. Moscow: Prospekt, 400 p. (In Russ.)
  3. Ivanchin A.V. (2014) Framing the components of crime: theory and practice: a monograph. Moscow: Prospekt. 352 p. (In Russ.)
  4. Glazyrin T.S., Kozlov T.L., Kolosova N.M. (2016) Conflict of interest in the state and municipal services, in the activities of organizations: causes, prevention, settlement. Moscow: INFRA-M, 224 p. (In Russ.)
  5. Mikhailov V.I. (2018) Conflict of interest: issues of ethics and improving legislative design. Journal of Foreign Legislation and Comparative. No. 3. P. 26 –31. (In Russ.)
  6. Petukhov R.V., Kabanova I.E. (2018) On the concept of «conflict of interest» in public law. Municipal service: legal issues. No. 1. P. 23–26. (In Russ.)
  7. Plaksina T.A. (2006) Social reasons of aggravating the killings circumstances and their legal expression in signs of corpus delicti. Barnaul: Altai State University. 460 p. (In Russ.)
  8. Pudovochkin Yu.E. (2012) The doctrine of the basics of criminal law: lectures. Moscow: Yurlitinform, 240 p. (In Russ.)
  9. Seval’nev V.V., Cherepanova E.V. (2017) Conflict of interest as a legal phenomenon in the public sphere. Journal of Russian Law. No. 10. P. 141 – 151. (In Russ.)
  10. Tukhvatullin T.A. (2017) Conflict of interest in Russian legislation: concept, regulation and responsibility. Rossiiskaya yustitsiya = Russian Justice. No. 4. P. 5– 9. (In Russ.)
  11. Lopashenko N.A. (2016) Ugolovnoe pravo. Obshchaya chast’. Prestuplenie. Akademicheskii Criminal law. A common part. The crime. Academic course. Moscow: Yurlitinform. 752 p.
  12. Utkin V.A. (2018) Conflict of interest in state and municipal services and the mechanism of its prevention and settlement. Bezopasnost’ biznesa = Business Security. No. 5. P. 11– 18. (In Russ.)
  13. Filimonov V.D. (2017) Genesis of the crime: a monograph. Moscow: Yurlitinform. 144 p. (In Russ.)
  14. Filimonov V.D. (2003) The protective function of criminal law. Saint-Petersburg: Yuridicheskii tsentr Press. 198 p. (In Russ.)
  15. Filimonov V.D. (2004) The norm of criminal law. SaintPetersburg: Yuridicheskii tsentr Press. 281 p. (In Russ.)