Published December 30, 2021 | Version v1
Journal article Open

КОНФЛІКТ ІНТЕРЕСІВ У ПУБЛІЧНОМУ МЕНЕДЖМЕНТІ: ПОНЯТТЯ ТА ШЛЯХИ ПОДОЛАННЯ

  • 1. Луцький національний технічний університет
  • 2. ЗВО «Львівський університет бізнесу та права»
  • 3. Український католицький університет
  • 4. Волинський національний університет імені Лесі Українки

Description

The domestic anti-corruption policy is going through a difficult period of dynamic development in light of European integration processes. One of the key tasks, which in the end, will largely determine the possibility of Ukraine joining the European Union, is a clear definition of the priorities of the anti-corruption reform at all levels.

Historically, the phenomenon of conflict of interests is, to one degree or another, inextricably linked with public management as an activity aimed at fulfilling the functions of the state. For Ukraine, as well as for other post-Soviet states that did not implement democratic transformations on time, the conflict of interests remained the "new normal" for a long time.

For several years after the Revolution of Dignity, despite significant progress in the field of anti-corruption (in particular, the start of the work of the National Anti-Corruption Bureau of Ukraine, the National Agency for the Prevention of Corruption, the Specialized Anti-Corruption Prosecutor's Office and the High Anti-Corruption Court), the partner's assessment of the reforms carried out remains not too high. The proposed study is designed to contribute to the development of scientific knowledge about the conflict of interests in the field of public management.

The article examines the evolution of the anti-corruption legislation of Ukraine regarding the settlement of conflicts of interest. The key aspects of improving the legislation in accordance with the standards of developed democratic states and the doctrinal understanding of the conflict of interests in public management are characterized. An analysis of the available tools for conflict of interest settlement was conducted, which proved their sufficient flexibility. It has been established, however, that in the presence of certain circumstances beyond the control of the person reporting the conflict of interest (such as the absence of persons who can perform functions in the event of the person's removal), settlement measures cannot be taken. According to the results of the analysis of court cases, the importance of developing not only strict anti-corruption legislation but also soft norms of civil servant ethics for timely and effective settlement of conflicts of interest is emphasized.

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