In the Rivne region interpretation of certain provisions of anti-corruption legislation concerning the settlement of the conflict of interest
the Prosecutor's office of Rivne region, on which are assigned to the specially authorized entities in combating corruption, carried out a systematic analysis of the state of legality in the sphere of prevention of corruption to prevent corruption or corruption-related offences in the public and private spheres of social relations. As the statistics testify, the majority of drawn up protocols on administrative offenses related to corruption for the failure to comply with requirements to prevent and resolve conflicts of interest (article 172-7 of the Cao). The presence of a conflict of interest does not necessarily lead to corruption-related criminal offences, however, significantly increases the risk of committing corruption crimes and is in fact their background. Therefore, the legislation provides a number of provisions concerning the prevention and settlement of conflict of interests. The concept and content of conflict of interest The definition of this term given in the Law of Ukraine "On prevention of corruption" (hereinafter - the Law). A real conflict of interest should be to understand the contradiction between the private interest of the person and of his official or representative authorities that affects the objectivity or impartiality of decision-making, or to commit or actions during the execution of these powers. A potential conflict of interest - a person has a private interest in the sphere in which it performs its service or Executive powers that may affect objectivity or impartiality of its decisions making, or committing or actions during the execution of these powers. Private interest - any proprietary or non-proprietary interest of the person due to personal, family, friendship and other posologie relations with individuals or legal entities, including those that arise in connection with his membership or activity in social, political, religious or other organizations. Ways of resolution of conflicts of interest According to article 28 of the law of Ukraine "On prevention of corruption" entities are subject to the Act are required: 1) to take measures to prevent real, potential conflict of interest; 2) report not later than the next working day from when the person knew or should have known about the presence of her real or potential conflict of interest, immediate supervisor, and in the case of stay of the person in the office that does not provide for the presence of the immediate supervisor, or in a collective body - the National Agency or some other specific statutory authority or collegial body during the execution of the powers in which there was a conflict of interest, respectively; 3) not to take actions and not to make decisions in real conflicts of interest. 4) take measures to resolve actual or potential conflict of interest. In the case of existence of a person of doubt about the existence of a conflict of interests it is obliged to consult the territorial authority of the National Agency. If the person has not received confirmation that no conflict of interest, it shall proceed in accordance with the above requirements. According to the article 29 of this Law to persons who have actual or potential conflicts of interest, can be applied as external and independent conflict resolution through: - removing person from the job, taking actions, making decisions or participate in the decision; - the application of external control over execution of the individual appropriate tasks, committing certain actions or decisions; - limit a person's access of certain information; - revise the scope of official authority person; - transfer the person to another position; - the release of a person. Additionally, the legislation provides the opportunity for persons to make their own arrangements for dealing with actual or potential conflict of interest by depriving the relevant private interest with the provision of supporting documents the supervisor or head of the body, the powers of which include dismissal. Deprivation of the private interest should exclude any possibility of concealment. The procedure and the ways to prevent a conflict of interest in connection with the presence of a person of enterprises or corporate rights The law provides that persons referred to in paragraph 1, subparagraph "a" of paragraph 2 of article 3 of this Law, are obliged within 30 days after the appointment (election) to the position to transfer control to another person, except members of his family owned businesses and corporate law in the prescribed manner. Transfer of persons possessed by them corporate rights by one of the following ways: - the contract of management of property from a business entity (except for the contract administration of securities and other financial instruments); agreement on the management of securities and other financial instruments and cash designated for investment in securities and other financial instruments with a securities dealer, which is licensed by the National Commission on securities and stock market on realization of activity on securities management; agreement about creation of venture capital mutual investment Fund management, transferred to corporate rights with asset management, which has a license of the National Commission on securities and stock market for carrying out activities on management of assets. Appointed (elected) to the position of the person in a one-day period after the transfer of the management of the owned enterprises and corporate rights are obliged to notify in writing the National Agency with the provision of the notarized copies of the agreement. Responsibility for violation of requirements for the prevention and settlement of conflict of interests Responsibility for not informing the person in cases prescribed by law and the order that it had a real conflict of interests envisaged by article 172-7 of the Cao and shall entail imposing a fine from 100 to 200 non-taxable minimum incomes of citizens. If all the actions made a decision in a real conflict of interest, then liability is provided in the form of a fine from 200 to 400 tax-free minimum incomes of citizens. The above-mentioned actions committed by a person who during the year was subjected to administrative penalty for the same violations, are punishable by even stricter, namely íàêëàäåííÿv of a fine from 400 to 800 non-taxable minimum incomes of citizens with deprivation of the right to occupy certain positions or engage in certain activities for a period of one year. Department of organization of activity in sphere of prevention and counteraction of corruption the Prosecutor's office of Rivne region Tweet.Ïåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
