PROBLEMS OF DETERMINING REAL AND POTENTIAL CONFLICTS OF INTEREST IN THE ACTIVITIES OF PUBLIC SERVICE ENTITIES

Abstract

The article is devoted to the study of doctrinal and normative approaches to determining the conflict of interests in the activities of public entities. Particular attention is paid to the analysis of existing definitional categories, such as «real conflict of interest» and «potential conflict of interest», as well as their connection with the concept of «private interest». The international prerequisites for the importance of research and identification of shortcomings in the regulatory regulation of conflicts of interest are given. The examples of scientific approaches to determining the conflict of interests presented in the article allow us to draw conclusions about their consistency, which indicates the existence of an optimal doctrinal basis for further improvement of the legislation. The work also characterized and analyzed the content and signs of the given concepts, it was determined that the declarative nature of the definitions does not meet the modern needs in terms of the implementation of the anti-corruption policy of the state. It was found that the legislator applies a dualistic approach to the definition of private interest, which is, on the one hand, a sign of the presence of a conflict of interests, and on the other hand, a direct component of it (both real and potential). It has been investigated that recording the presence of a conflict of interests in the activities of public officials is the basis for qualifying offenses and establishing a balance of public and private interests in the state, as one of the goals of administrative law. In support of this, examples of administrative responsibility for administrative offenses are given, which contain subjective and objective signs of the presence of a conflict of interests. It was found out that the absence of a clear direct provision in the current regulatory legal acts of the existence of a conflict of interest in the actions of public officials provokes legal situations, because of which there will be signs of a real or potential conflict of interest. It was concluded that the current legal regulation needs a thorough and in-depth revision in terms of defining the elements of conflict of interests. Separate attention should also be paid to the expansion and identification of signs of a conflict of interest for the correct qualification of offenses.