Publication date: 07.07.2024
Conflict of interest: Procedure for resolution in Ukraine
Introduction.
A conflict of interest in professional activities is a situation where personal interests of an official or employee conflict with their official duties and may affect decision-making. In Ukraine, the issues of resolving conflicts of interest are regulated by legislation that defines the procedures for identifying, preventing and resolving such conflicts. In this article, we will consider the main legal provisions, mechanisms for identifying and resolving conflicts of interest, as well as liability for violations of the law.
Legal framework
The legal regulation of conflicts of interest in Ukraine is based on the following key legal acts:
- TheConstitution of Ukraine - enshrines the basic principles of integrity and transparency in the activities of state bodies and officials.
- TheLaw of Ukraine "On Prevention of Corruption " - defines the concept of conflict of interest, establishes the obligations of officials to prevent and resolve conflicts of interest, as well as liability for violations of legislation in this area.
- TheLaw of Ukraine "On Civil Service " regulates the avoidance of conflicts of interest by civil servants.
- TheLabour Code of Ukraine (Labour Code) - regulates labour relations, including conflicts of interest in the private sector.
- Other regulations - includes bylaws and resolutions of the Cabinet of Ministers of Ukraine that detail the procedure for identifying and resolving conflicts of interest in specific industries and areas of activity.
The concept of a conflict of interest
A conflict of interest arises when the personal interests of an official, employee or member of an organisation conflict with their official duties. This may affect the objectivity and impartiality of decision-making and harm the interests of the organisation or society.
The main types of conflict of interest:
- Direct conflict of interest: Occurs when personal interests directly conflict with official duties.
- Indirect conflict of interest: Arises when personal interests could potentially affect official duties.
- Real conflict of interest: A situation where a conflict of interest has already affected decision-making.
- Potential conflict of interest: A situation where a conflict of interest may arise in the future.
Identifying a conflict of interest
1. Self-disclosure.
Officials and employees must identify conflicts of interest in their activities and disclose them to management or the appropriate authorities.
2. Internal controls
Organisations should establish internal controls to identify conflicts of interest, including regular reviews and audits.
3. Disclosures by third parties
Conflicts of interest may be identified through disclosures from third parties, including colleagues, customers, partners and citizens.
4. External audits
Independent audits can help to identify conflicts of interest, especially in large organisations or in public procurement.
Preventing conflicts of interest
1. Develop policies and procedures
Organisations should develop and implement policies and procedures to prevent conflicts of interest. This includes codes of ethics, internal regulations and procedures for reporting conflicts of interest.
2. Training and awareness raising
Regular training of employees on the identification, prevention and management of conflicts of interest is an important element of preventive measures.
3. Internal control and audit
Internal controls and regular audits help to identify and prevent conflicts of interest.
4. External oversight
Independent bodies and commissions can oversee compliance with conflict of interest legislation, provide advice and conduct inspections.
Resolving conflicts of interest
1. Removal from decision-making
A person who has a conflict of interest may be removed from decision-making that may be influenced by this conflict. This ensures the objectivity and impartiality of the decision-making process.
2. Transfer of authority
Delegation of authority to another person is an effective measure to resolve conflicts of interest when personal interests of an official may affect his/her official duties.
3. Declaration of conflicts of interest
Officials are obliged to declare the existence of a conflict of interest and take measures to resolve it. This may include submitting appropriate declarations and reports to management or competent authorities.
4. Changes in job responsibilities
Changing job duties or redistributing tasks among employees may be used to resolve conflicts of interest to avoid situations where personal interests may affect official duties.
Liability for violation of the conflict of interest legislation
1. Administrative liability
Officials may be held administratively liable for violations of the conflict of interest legislation, including fines and other administrative penalties.
2. Disciplinary liability
Violations of the conflict of interest requirements may result in disciplinary action, including reprimands, demotion or dismissal.
3. Criminal liability
In the case of serious violations related to conflicts of interest, officials may be held criminally liable, including imprisonment.
Practical tips for preventing conflicts of interest
1. Developing clear policies
Organisations should develop clear policies to prevent and manage conflicts of interest, ensuring that they are understandable and accessible to all employees.
2. Regular training
Providing regular training for employees on how to identify, prevent and manage conflicts of interest is an important element of prevention.
3. Engage independent experts
Engaging independent experts to conduct audits and reviews can help identify conflicts of interest and provide guidance on how to resolve them.
4. Creating a culture of integrity
Creating a culture of integrity in an organisation where ethical norms and principles are valued helps to prevent conflicts of interest and increase trust in the organisation's activities
- So, it doesn't matter if you need a lawyer's advice or a lawyer's advice. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
- Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
