THE CONCEPT OF "CONFLICT OF INTEREST" IN INTERNATIONAL LEGAL ACTS AND ADMINISTRATIVE LEGISLATION OF UKRAINE

Abstract

The purpose of this article is to identify the main approaches to understanding the concept of «conflict of interests», which are contained in international legal acts and domestic legislation in the field of corruption prevention in the public service. This will help: 1) to determine the extent to which the current administrative legislation reflects the observance of European standards in the mechanism of preventing conflict of interest in the public service (in the civil service and in the service of local self-government bodies as the main constituents); 2) to identify gaps and problems in regulating the relevant issues and to suggest means to resolve them. Among the measures aimed at preventing abuse of power, there is a legally defined mechanism for resolving conflict of interest in the public service. The emergence of a conflict of public and private interest affects the objectivity, justice and completeness of the person, performing public authority. It is the public service, where a high risk of conflict of interest emerges, as the public officials have the opportunity to take control of power and to participate directly in the management of significant financial and human resources. The important statement is: While a conflict of interest is not ipso facto corruption, there is increasing recognition that conflicts between the private interests and public officials, if inadequately managed, can result in corruption. The immediate objective should be to maintain the integrity of official policy and administrative decisions and of public management generally, recognizing that an unresolved conflict of interest may result in abuse of public office ( Annex to the Recommendation of the council on OECD guidelines for managing Conflict of Interest in the public service, 4). In general, the Law of Ukraine «On Prevention of Corruption» takes into account international legal approaches to the concept and resolution of the conflict of interests. However, Ukrainian legislation, in contrast to the legislation of many European Union countries, has not yet developed a sufficient legal and regulatory framework to prevent conflict of interest, and still needs to improve the regulatory framework in the area of conflict prevention in the context of admission and during public service. There is a need to specify ways of resolving the conflicts of interest in Ukraine, as well as defining the forms and limits of the control over adherence to anti-corruption legislation by specialized bodies.