Academic journal article Journal of Legal, Ethical and Regulatory Issues

Conflict of Interests in the Cis Countries: A Comparative Analysis

Academic journal article Journal of Legal, Ethical and Regulatory Issues

Conflict of Interests in the Cis Countries: A Comparative Analysis

Article excerpt

INTRODUCTION

The lack of a clear legislative mechanism for the resolution of conflicts of interest necessitates the systematization and generalization of those doctrines that currently exist in domestic and international practice regarding the regulation of this problem. Considering the latter as a prerequisite for the emergence of corruption as a phenomenon, one should pay attention to the elimination of the prerequisites for the emergence of corruption offenses to which the conflict of interest belongs. The following situations may be prerequisites for conflict of interest: abuse of official position for personal or financial gain for the families of public officials; participation in any transaction, occupation of position, performance of functions, presence of financial, commercial or other similar interests which are incompatible with their position, functions, duties; failure to report on business, commercial or financial interests or activities for obtaining financial gain; the misappropriation of public funds, property, services or information obtained in the course of official duties for the performance for activities, which are not related to the performance of official functions; abuse of the former position after assuming public positions.

The concept of conflict of interest in the international arena is not always reflected in the format, which we (Ukrainians) are accustomed to, as conflict of interest is reflected in the section Conflicts of Interest and Disclaimer in the International Code of Conduct for State Officials (Legislation of Ukraine, 1996).

The European model of resolving conflict of interests differs from the legal mechanisms, which exists in the former Soviet Union countries, but it has many similarities. In our study, we will focus on the legislative mechanisms of conflict of interest of some CIS countries.

RESULTS AND DISCUSSION

In each legal system, both Romano-Germanic and Anglo-Saxon, there are peculiarities of the order of detection of conflict of interests, the ways of its prevention and interpretation of the concepts of conflict of interest, personal interest, actual and potential conflict of interest and others.

To begin with, let us consider the legislation of the CIS countries in the area of regulation conflict of interest.

The Law of the Republic of Moldova On Declaration of Property and Personal Interests of June 17, 2016 no. 133 is the main normative act regulating the procedure for identifying and preventing conflicts of interest. The provisions of this Law regulate incompatibilities and restrictions established for persons occupying positions of responsibility, resolution of conflicts of interest, as well as the procedure for filing declarations of conflict of interest (Law and Regulation, 2016).

According to article 2 of the Law of the Republic of Moldova: On Declaration of Property and Personal Interests conflict of interest means the situation in which the subject of declaration has a personal interest that influences, is capable or probably capable to influence the impartial and objective fulfillment of the obligations and duties assigned to him/her.

The legislator of the Republic of Moldova identifies potential, actual and accomplished conflict of interests (Article 12; Law and Regulation, 2016).

Accomplished conflict of interest is the act of the subject of declaration, which is to satisfy the application/request, issue an administrative act, conclusion of an agreement directly or through the mediation of a third party, participation in decision-making or taking a decision in complying with the obligations, prescribed by the position of responsibility; when such a situation occurs the subject of declaration is obliged:

1. To report immediately (or no later than three days) on the conflict of interest to the highest office or superior authority;

2. Not to fulfill the application/request, not to issue an administrative act, not to conclude an agreement directly or through a third party, not to participate in decision-making until the resolution of the conflict of interests. …

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