ОСОБЛИВОСТІ МІЖНАРОДНОГО Й НАЦІОНАЛЬНОГО ДОСВІДУ ВРЕГУЛЮВАННЯ КОНФЛІКТУ ІНТЕРЕСІВ ТА ЗАПОБІГАННЯ ЙОМУ

Abstract

The purpose of the article is to analyze international and domestic regulations governing the activities related to the prevention and settlement of conflicts of interest, identify shortcomings in the legislation in this area and provide proposals for their elimination. Methods. The study used methods of analysis and synthesis to determine methods of constructive conflict of interest settlement, as well as to study the international experience of conflict of interest settlement in the civil service. Statistical and graphical methods are used to analyze the current state of conflict of interest. Modeling and forecasting to develop proposals to improve the procedure for preventing and resolving conflicts of interest. Results. The normative-legal acts of the national and international legislation, which regulate the activity in the direction of prevention and settlement of the conflict of interests, are analyzed. The main normative act of international law has been found to be the 2003 UN Convention against Corruption. In domestic legislation, the concept of “conflict of interest” was first enshrined in the Law of Ukraine “On Principles of Preventing and Combating Corruption” in 2011. It is most often studied as an element of the mechanism to prevent abuse of state power or as a principle of integrity of state power. It is determined that in the national legislation the conflict of interests is divided into potential and real, in the international legislative practice into obvious and potential. The main signs and causes of conflict of interest as a type of corruption-related offense are highlighted. It is stated that conflicts of interest and corruption cannot be considered in direct connection. Transparency International’s statistics on the Corruption Perceptions Index 2020, the report of the National Agency for the Prevention of Corruption for 2020 were studied, and it was substantiated that in Ukraine, despite anti-corruption reform, the overall level of corruption remains high. It is theoretically substantiated that the main mechanism for resolving a conflict of interest is its legal regulation at the level of law. The main directions for preventing and counteracting conflicts of interest are outlined. The positive experience of resolving conflicts of interest in the civil service in Germany and France is considered, whose anti-corruption policy is mainly aimed not at resolving conflicts of interest, but at preventing their occurrence. It is stated that in international practice there are three models of conflict of interest settlement: preventive, “difficult way”, compliance-based. Conclusions. It is concluded that counteracting the negative manifestations of conflicts of interest is possible only by defining the order of actions of civil servants in which it arose and by defining a clear mechanism for resolving conflicts. Proposals for amendments to the Law of Ukraine “On Prevention of Corruption” and the Code of Ukraine on Administrative Offenses were submitted.