The definition of conflict of interest: international legal aspect

The article focuses on the study of international legal instruments in the field of corruption prevention, specifically addressing the definition of «conflict of interest». The relevance of the topic stems from the increasing incorporation of the conflict of interest concept into various areas of public management and administration through national legislation. Many works of scientists are devoted to the study of the problem of conflict of interests: the authors analyzing the definitions of key terms as outlined in national legislation; the essence of the definition is revealed through the typology and the classification of different types of conflicts of interest. However, at the national level, a comprehensive understanding of the application of the conflict of interest concept has not yet been fully developed. There is also a lack of a conceptual framework that satisfies the requirements of legal certainty. The question of the definition of «conflict of interest» in a way that is suitable for judicial and administrative application remains a matter of debate. An important step toward resolving this issue is the examination of international legal approaches to defining the essence of the concept. The article analyzes international conventions, declarations, and other legal instruments related to the fight against corruption to interpret and clarify the meaning of «conflict of interest». It clarifies international legal approaches to defining the term for the purposes of legal regulation. The article notes that the definition of conflict of interest can encompass a broad range of issues, particularly those related to combating corruption, which may fall within both administrative and criminal law. It is concluded that the term «conflict of interest», as a specific legal term, is not explicitly defined in international legal acts. The definition of «conflict of interest», as a complete and independent legal term, suitable for judicial and administrative use, is shaped by the context of state interests, the constitutional and legal framework, and public service requirements.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-11-25
DOI
https://doi.org/10.24144/2307-3322.2024.85.4.50
Primary Topic
Security, Politics, and Digital Transformation
Type
article
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article

The definition of conflict of interest: international legal aspect

Sergii Tellis
Uzhhorod National University Herald Series Law
Security, Politics, and Digital Transformation
article

The definition of conflict of interest: international legal aspect

Sergii Tellis
article en

Abstract

The article focuses on the study of international legal instruments in the field of corruption prevention, specifically addressing the definition of «conflict of interest». The relevance of the topic stems from the increasing incorporation of the conflict of interest concept into various areas of public management and administration through national legislation. Many works of scientists are devoted to the study of the problem of conflict of interests: the authors analyzing the definitions of key terms as outlined in national legislation; the essence of the definition is revealed through the typology and the classification of different types of conflicts of interest. However, at the national level, a comprehensive understanding of the application of the conflict of interest concept has not yet been fully developed. There is also a lack of a conceptual framework that satisfies the requirements of legal certainty. The question of the definition of «conflict of interest» in a way that is suitable for judicial and administrative application remains a matter of debate. An important step toward resolving this issue is the examination of international legal approaches to defining the essence of the concept. The article analyzes international conventions, declarations, and other legal instruments related to the fight against corruption to interpret and clarify the meaning of «conflict of interest». It clarifies international legal approaches to defining the term for the purposes of legal regulation. The article notes that the definition of conflict of interest can encompass a broad range of issues, particularly those related to combating corruption, which may fall within both administrative and criminal law. It is concluded that the term «conflict of interest», as a specific legal term, is not explicitly defined in international legal acts. The definition of «conflict of interest», as a complete and independent legal term, suitable for judicial and administrative use, is shaped by the context of state interests, the constitutional and legal framework, and public service requirements.

Uzhhorod National University Herald Series LawVol. 4(85)
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Security, Politics, and Digital Transformation
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