Teaching Activity in the Case of Part-Time Employment and Combination with Other Activities of Public Servants in the Context of Preventing Conflicts of Interest: Administrative and Legal Aspects

The article is devoted to the legal regulation of restrictions on part-time employment and combination with other types of activities of public servants in the context of preventing conflicts of interest in the case of teaching. The content of the core definitions “teaching activity”, “part-time employment”, “private interest”, “real conflict of interest” and “potential conflict of interest” fixed in the domestic legislation is analyzed, their features are disclosed. It has been established that compatibility restrictions may be provided for by (1) legislation, (2) a collective agreement, or (3) an agreement between the parties. It is emphasized that measures to prevent and resolve conflicts of interest in the event of limiting part-time employment and combining with other types of activities do not apply to all entities that are subject to the Law of Ukraine "On the Prevention of Corruption", but only to those that belong to the category of persons authorized to performance of functions of the state or local self-government, with particular exceptions. It has been established that teaching activity is a kind of intellectual and creative activity aimed at obtaining, disseminating, using new knowledge, professional skills, and their practical application. It is disclosed that teaching activity refers to activities that have the following characteristics: (1) is aimed at the formation of knowledge, other competencies, worldview, development of intellectual and creative abilities, emotional-volitional and/or physical qualities of applicants for education; (2) permitted types of paid activities the subject of the relevant activity is a pedagogical (scientific and pedagogical) worker, a self-employed person (except for persons to whom such a form of teaching activity is prohibited by law) or another natural person on the basis of an appropriate labor or civil law contract; (3) the legal basis for the implementation of such activities is an employment or civil law contract; (4) the subject to whom the relevant activity is directed is an applicant for education in the understanding of the law. The thesis is formulated that restrictions on compatibility and combination with other types of activities related to a conflict of interest for certain categories of public servants, officials of legal entities of public law, including officials in the healthcare sector, operate differently, and this depends on the their functions and tasks.