Конфлікт інтересів у публічній службі: національний та зарубіжний досвід правового регулювання

The article examines the legislative definition of the concept of conflict of interest, the distinction between its types and the practical significance of such differentiation. The author examines the procedures for preventing and resolving conflicts of interest, which are an integral part of the state anti- corruption policy. The author describes in detail the obligations of public servants to comply with anti- corruption legislation on conflicts of interest. Various methods of settlement provided for by the law, which are divided into external and internal, are considered and systematised. The author highlights the peculiarities of settlement for members of collegial bodies and certain categories of public officials provided for by special laws and bylaws. The system of anti-corruption legislation is studied. The article also highlights the issues of liability for violation of legislation on conflict of interest. Special attention is paid to international experience. A comparative analysis of approaches to the definition and regulation of conflicts of interest in international law and legislation of other countries is carried out. The author examines the places where the conflict of interest rules are enshrined in the national legal systems of different countries and lists international instruments for resolving conflict of interest situations. The article emphasises the universal importance of disclosure of a conflict of interest as the first step towards its resolution. The article provides a critical analysis of the existing legislative definition of a conflict of interest and scientific views on the main features that characterise a conflict of interest. The authors come to the conclusion that the study of international experience allows us to find the optimal model of conflict of interest regulation for our country. The authors emphasise that improvement of anti-corruption legislation, in particular, in relation to the regulation of conflicts of interest, is important in the context of Ukraine’s accession to the European Union and should be reflected in the roadmap of transformations that define the key guidelines of the state policy in the areas of the rule of law, public administration reform and functioning of democratic institutions.