Conflict of interests in local government: features of legal regulation and prevention of its occurrence

Abstract

Introduction. This paper addresses the specificities of conflicts of interest within the sphere of local self-government. One of the most common situations where a conflict of interest arises is through relationships with individuals and/or legal entities that may give rise to a private interest. Moreover, it distinguishes between the concepts of «authority» and «private interest». Purpose. To define the concept of conflict of interests in local self-government bodies, its signs, features, methods of settlement, possible consequences and to find out the variability of actions of officials in solving this problem in accordance with anti-corruption legislation. Results. Through an analysis of current legal documents and academic literature, the unique characteristics associated with the legal management and prevention of conflicts of interest within the functions of local government bodies are identified. It is determined that a conflict of interest may arise not only when a contradiction has already affected the objectivity and/or impartiality of decision-making or performance of actions, but also when there is a potential opportunity to influence them. This paper also investigates the essence of conflicts of interest and their manifestations in the sphere of local self-government. By analyzing various situations in which conflicts of interest arise in the system of local self-government, the paper describes the consequences of such conflicts and highlights certain shortcomings of the regulatory and legal framework of Ukraine regarding the notification of conflicts of interest and the algorithm of behavior in their presence. Conclusion. The paper concludes that persons entrusted with the responsibility of preventing and resolving conflicts of interest in the sphere of local self-government and other state authorities should take several measures. Firstly, they should take measures to prevent possible conflicts of interest and their actual manifestation. Secondly, they should report a conflict of interest by providing information about an actual or possible situation where a conflict may arise between their personal interests and the interests of another person. Thirdly, they should avoid taking actions or making decisions in situations of real conflicts of interest. Lastly, they should take measures to resolve potential or existing conflicts of interest, which depend on the situation. It is important to note that a person can take any measures independently, as long as they do not violate the law.