REAL AND POTENTIAL CONFLICT OF INTERESTS, ORIGINS AND WAYS OF SETTLEMENT

Abstract

This article examines and analyzes the phenomenon of conflict of interest in the civil service and suggests possible options for preventive measures and the development of mechanisms to prevent conflicts of interest. In the process of improving the legislation, there was a distinction between the concepts of “potential conflict of interest” and “real conflict of interest” depending on the stage of influence of the contradiction that arose in decision-making or action by the official. This distinction within the general concept is fully consistent with the approach that exists in international practice. Obvious (real) conflict of interest refers to situations where there is a personal interest that can reasonably be considered to affect the performance of an official’s duties, even if there is no such negative influence. However, the lack of regulation of the legislation, the lack of a holistic strategy and a clear algorithm of action on conflicts of interest, the lack of sanctions and the reluctance of regulatory authorities do not only resolve existing but also prevent potential conflicts of interest. The nature of the representative function of a civil servant already implies the existence of certain conflicts of interest. The study examines in detail the essence of conflict of interest, and concludes that almost all corruption crimes occur under the influence of conflict of interest, ie through the power to meet personal needs, illicit enrichment and illicit goods. Conflict of interest is a prerequisite for committing a crime related to corruption. The most effective method today and to prevent further conflicts of interest in criminal activity are preventive methods. The prevention of conflicts of interest and the setting of norms in the methodological recommendations of the National Agency for the Prevention of Corruption are only of a recommendatory nature and not a prescriptive one. It is extremely important to take measures to prevent conflicts of interest and to legally ensure the inevitability of punishment for violations of real conflicts of interest in accordance with existing norms and to develop a clear strategy for the work of loved ones in one body.