СONCEPT AND TYPES OF CONFLICT OF INTEREST IN THE LEGISLATION OF UKRAINE ON THE PREVENTION OF CORRUPTION

Abstract

The article is devoted to a comprehensive study of the concept of “conflict of interest” in the public legal sphere, an analysis of its types, legal nature, mechanisms of regulation and features of administrative liability for relevant violations in the public service. It is established that a conflict of interest is a complex legal and social phenomenon that arises as a result of the collision of the private interests of a person authorized to perform state or local government functions with his official duties. An unregulated conflict of interest can lead to abuse of power, an increase in the risk of corrupt actions and a significant decrease in the level of citizens’ trust in state institutions. Despite the long-standing scientific discourse, the Ukrainian legal doctrine still lacks a unified approach to defining this concept, and the concept itself is often interpreted too broadly. The current legislation of Ukraine is analyzed, in particular the Law of Ukraine “On Prevention of Corruption” and the Code of Ukraine on Administrative Offenses. It is determined that the legislator distinguishes between real and potential conflicts of interest, which is of fundamental importance for the differentiation of legal liability. Administrative liability under Article 172-7 of the Code of Administrative Offenses arises exclusively in the event of a violation of the requirements for the settlement of a real conflict of interest. A legislative gap is identified: the objective side of the relevant offense does not cover the aspect of “failure to act” in conditions of a conflict of interest, which requires legislative clarification. The content of the concept of “private interest” and related categories – “close persons” and “direct subordination” is disclosed. Typical areas of increased risk of a conflict of interest are identified: allocation of public resources, personnel decisions, permitting activities, tender procedures and the exercise of control and supervisory powers. The role of the National Agency for the Prevention of Corruption as a key entity for monitoring and settlement of conflicts of interest, in particular regarding the development of methodological recommendations and the implementation of OECD standards, is investigated. A comparative analysis of approaches to regulating conflict of interest in Ukraine and foreign countries – Australia, Germany and Norway – was carried out. The feasibility of preserving the normative definition of the concept with its simultaneous improvement in the conditions of reforming the public service system was substantiated.