Еволюція інституту запобігання та врегулювання конфлікту інтересів у системі публічної служби

Abstract

Problem setting. Nowadays, one of the key branches of state anticorruption policy is the formation of the institute of overcoming and settlement of the of in the system of public service, which is one of the ways of preventing corruption in public administration. Solving this issue requires research on the preconditions and the main stages of its historical development. This creates a methodological basis for further understanding of this particular phenomenon and solving the problems that appear at the modern stage of its formation and development.Recent research and publications analysis. Theoretical and practical aspects of overcoming and settlement of the of in the system of public service has been conducted practically in every work dedicated to the issue of overcoming corruption. Among them are the works of O. Bondarchuk, O. Busol, P. Volianskyj, V. Gvozdetskyj, D. Gudkov, T. Ilnytskyj, I. Didenko, O. Klok, U. Lavrenuk, I. Lopushynskyj, V. Manzuk, S. Rivchachenko, T. Habarova, O. Shemiakin, A. Jafonkin, I. Jatskiv and many others. However, in the majority of them This causes the need in further retrospective analysis that might be useful for searching the other ways of further improvement of this institute at the modern stage.The paper objective. According to the requirement of historical comparative analysis of the institute of overcoming and settlement of the of in the system of public service three main point must be characterized: 1) the preconditions and time frames of the certain event; 2) the main stages of formation and development; 3) the meaning of the analyzed event in the conditions of modern Ukraine.The paper main body. The actual legislation of the Ukrainian SSR generally contained certain organizational and legal mechanisms aimed at preventing and regulating the of in the system of the Soviet public service, although the term conflict of interests was not used.The salient features of the Soviet stage of the formation and development of the institute for overcoming and settlement of the of in the Soviet public service system are: absence of a special law on public service, absence of special state bodies in the field of overcoming and settlement of of in the public service system.With the declaration of independence of Ukraine in 1991, a new stage of development of the institute of overcoming and settlement of of in the public service system began.The specific features of the current stage of formation and development of the institute of overcoming and settlement of of can include: introduction the concept of potential and real of and identifying a range of the subjects to requirements of overcoming and settlement of the of interests; installation of special restrictions at the legislative level aimed at preventing the of interest; definition the responsibilities of the relevant categories of persons empowered to perform the functions of state or local government concerning overcoming and settlement of the of interests; definition of finance control measures; definition a system of specially authorized entities in the field of overcoming and settlement of conflicts of in the public service system, among which is the National Agency on Corruption Prevention.Conclusions of the research. Organizational and legal mechanisms for the overcoming and settlement of conflicts of in the public service system were introduced and existed long before the adoption of special anti-corruption laws of Ukraine, which defined the concepts and methods of controlling the of in public service. The main stages of the formation and development of an institute for the overcoming and settlement of of interests: the first stage is the Soviet stage (1922–1991 years.), the second stage – times of the independent Ukraine (1991 year – nowadays). At the same time, the process of formation and development an institute for the overcoming and settlement of conflicts of in the field of public service of independent Ukraine, in turn, also had its stages. In particular, on the basis of the presence (or absence) of a legal definition of the concept of conflict of interest in the relevant laws, there are two main stages: the first - before the introduction of the concept of conflict of interests at the legislative level (August 1991 – June 2009); the second - after the introduction of the concept of conflict of interests at the legislative level (June 2009 - to date).Chronological analysis of anti-corruption legislation in independent Ukraine allows to distinguish such stages of formation and development an institute for the overcoming and settlement of of in public service: 1). August 1991 – October 1995 рр.; 2). October 1995 – June 2009; 3) третій етап: June 2009 – December 2010 р.; 4). April 2011 – October 2014; 5). October 2014 – to date.