Conflict of interest in the public service system is a phenomenon that every official can meet. It negatively affects the quality of performance of official duties, and also undermines the trust of citizens in state institutions. The lack of an adequate resolution of the conflict of interests in the public service may be the reason for the completion of an official career.
And such phenomena objectively exist, because everyone, including officials, has a family, relatives, relatives, acquaintances, friends, and so on. The problem, as a rule, is not conflict per se, namely the actions of an official in his conditions.
What it is?
A conflict of interest and prejudice in the activities of state power is discussed in a situation where the decision-making official or participating in the decision-making has a special interest in the ways of considering this case and resolving the situation in a special way. Bias means that he acts in his own interests, in the interests of a close or third party, who, as a rule, are in opposition to the public interest. A conflict of interest occurs when at least the theoretical possibility that concern for personal interests prevails over concern for public interests (a potential conflict of interest in the state and municipal services) comes into play.
A conflict of this kind can take various forms. In severe form, this is bribery, that is, corruption. The changes that are taking place in modern democracies are manifested in the fact that more often it is no longer bribery, but rather a conflict of interests in the state and municipal services.
Forms
There are two main forms of conflict of interest in state and municipal services. The first is the adoption of decisions related to the official’s own business, the second is bribery. In the first case, one official is involved in the case, who, in addition to the actions arising from the fulfilled function in the public interest, also realizes his private interest (usually financial). Such actions may consist, for example, in providing yourself with goods, discounts, benefits, bonuses, awards, etc.
The second of the main forms of conflicts of interest in the state and municipal services is bribery, which is a crime (for example, obtaining material benefits, for example, in the form of money). These forms are well known and recognized in the Russian public space. However, in addition to these basic forms, there are also transitional forms that some researchers highlight.
The first interim form is the unlawful influence on the resolution of a case. Illegal influence involves two people - civil servants. The first has the ability to act, taking advantage of legal legitimacy to take action, but does not have its own personal interest. The second, in turn, has a personal interest in deciding on a particular case, but does not have the right to resolve it. Unlawful influence occurs when a government official with a personal interest, but without the authority to implement it, involves another person in the decision of the case in his favor.An example of such an action is the acceleration of the consideration of a formal case or the impact on the final decision made in a certain way at the request of a colleague.
Another form of conflict is abuse of authority. While the unlawful influence refers to the situation with two officials, this case affects one official and two private individuals.
In this case, the official has the right to make decisions relating to someone's personal interest, but at the same time not affecting his own. In turn, a private person does not have sufficient legitimacy to make a decision. The violation appears at the moment when these two parties agree to resolve the case in a certain way.
Prevention
The desire to achieve a settlement of the conflict of interest in the state and municipal services requires both specific officials and the political elite, especially in cases when decisions are made in areas that are considered vulnerable to corruption schemes. It also requires the legislator to create conditions that will serve as prevention for such phenomena. And in case of violations, this requires the formation of a legislative framework for punishing the perpetrators.
Legal regulations
In fact, all legal norms relating to conflicts of interest, directly or indirectly (as, for example, in the case of anti-corruption) create a kind of set of principles and rules, as well as tips regarding the “fight” with a conflict of interest, that is, in other words, the settlement of such However, there are internal rules, for example, ethical codes, which establish that the best form of their elimination is the prevention of typical situations of conflict of interest in the public service.
Such an approach proclaims an erroneous opinion that practically any such situations can be avoided. The fallacy is the conclusion that any conflict of interest is evil. Comparison in the spirit of “participating in a conflict of interest is the same as being a thief” is considered unethical. A conflict of this kind is most likely connected with ethical and moral problems, because what exactly will be considered good or bad depends on the reaction to the problem, and not on the problem itself.
In order to ensure the prevention of a conflict of interest, as well as corruption associated with it, the state creates a legal structure that allows this phenomenon to be revealed at an early stage. Means of resolving these situations are also necessary in order to enhance transparency and management effectiveness. The legal system should include provisions relating to the declaration of property, the use of their official privileges by municipal employees, government officials, competent design of requirements for the justification of decisions made is necessary. It is important to remember that such laws are effective only when the norms and fines contained in them are effective, and everything becomes meaningless when the laws are not enforced. Until these conditions are ensured, the problems of conflict of interest in the public service will remain unresolved.
Goals
The objectives of laws in this area include:
- Ensuring the transparency and ethical behavior of officials by eliminating corruption temptations and the possibility of involvement in illegal schemes.
- Creating conditions for officials for transparent procedures regarding decision-making processes.
- Promoting the disclosure of private, personal and political interests of officials.
- Protection of municipal employees from unreasonable suspicions and development of trust in public administration.
- Creating standards by which officials comply with certain ethical standards.
- Establishment of sanctions mechanisms for violators and support for violators.
Based on the foregoing, it can be assumed that the law on conflict of interest should contain, in particular, such elements as training and education of officials to improve their understanding of laws related to conflict of interest, rules and recommendations related to disclosure of information, clear instructions regarding prohibited behavior , and, of course, impressive fines for those who violate the law.
A way of prevention is the obligation of officials to indicate themselves the possible personal interests that may arise in connection with the performance of their professional duties. Officials can do this even before coming to power.
Risk of occurrence
The very fact of a potential conflict of interest is a natural phenomenon. After all, each official remains a member of various social groups that have their own goals and interests. Of paramount importance is whether the potential conflict of interest becomes real, and how the situation is resolved. For the official to choose ethical behavior, the characteristics of the elements that make up the whole system of combating corruption are crucial:
- quality and effective enforcement of anti-corruption legislation,
- professional ethics;
- the effectiveness of local anti-corruption strategies - that is, the set of procedures that the system establishes in laws, what it calls socially desirable, and what legal ways to address a situation of real conflict of interest are proposed.
About liability
The reasons for the conflict of interest in public service may be different. The list of typical situations demonstrates this diversity: there are a lot of them. The most common use of official authority in resolving issues related to the family of an official. Often, public servants accept gifts, interact with former employers after dismissal from the authorities.
It is noteworthy that, along with the concept of a conflict of interests in the state and civil service, Russian legislation contains information on the obligation of officials to declare a potential conflict of interest in writing. A statement of this kind should be written in the name of the immediate superior. And if this is not done, it is an offense. The consequences are the dismissal of such an official.
Conflict prevention measures can be taken directly by a public servant. They may not be connected in any way with his legal obligations.
Frames
One of the frequently encountered conflicts of interest in practice is the performance by an official of his functions related to personnel. As a rule, they interact with their relatives. Thus, officials among the first candidates for vacant positions choose persons from among their loved ones. Often, civil servants act as members of a commission that verifies directly their relatives. But not every situation of this kind entails a conflict of interest. If, for example, the provision of state services to a relative does not imply preference, does not preclude other persons from receiving them, then there is no discussion of a conflict of interest.
Performance of services
The next typical situation is that an official is going to carry out any paid actions in an institution in which he directly administers state administration. He has the right to it only if it does not cause a conflict of interest. If the latter takes place, the official is obliged to inform the employer and the boss about this. The application is made in writing. This entails legal consequences.And if it turns out that the conflict really takes place, the official should refuse to perform paid actions in his institution.
If such actions are already being carried out, he also needs to notify the authorities - this is his direct obligation under the law. After he must refuse to continue such work. If the relatives of the civil servant perform paid work in the organization in which he works, he must also notify his superiors. If no measures have been taken to prevent a conflict of interest, the official will be removed from office.
The presence of a personal interest in the official has a negative impact on how he performs his official duties. This raises doubts about the impartiality of his actions, objectivity. The law does not contain a ban on the employment of relatives in state structures. However, this provokes conflicts of interest.
Labor ban
The legislation prohibits employees of internal affairs bodies from engaging in labor activities in firms that are not part of the Ministry of Internal Affairs for the same reasons. The only thing that is permissible for them is scientific, creative, and teaching activity. And it can never be financed from foreign sources.
Purchase
A conflict of interest also arises when an official performs a task for which the customer is directly a government agency in which he performs functions related to public administration. If he does not take measures to prevent such a situation, does not give up personal interest, he may be removed from office. This is an offense with legal consequences.
A conflict of interest also arises in the procurement of goods by a state body when its official is directly the owner of these products.