In the performance of duties by public servants, situations may arise that fall under the concept of conflict of interest. The institution of regulation of such situations is an important component of the fight against manifestations of corruption in state and municipal bodies.
What is called a conflict of interest
The Federal Law of the Russian Federation “On Combating Corruption” defines a conflict of interest as a special situation when a well-defined personal interest of a public servant is capable of influencing the correct performance of his duties by office. In this case, a sharp contradiction between the interests of an official and the interests of citizens, organizations, the whole society or the state may well arise.
Personal interest is usually understood as the actual opportunity of an official, his friends, acquaintances or relatives to receive unjust enrichment (income) in the form of material benefits.
Legislation requires employees to exclude the potential for a conflict of interest. If such situations do arise, the official must inform his superiors about this.
To prevent a conflict of interest, an employee is challenged, the procedure for which is determined by law. Another decision is to change the official position of a person - up to his removal from office.
Where conflicts of interest may arise
There are several main areas where the manifestation of a conflict of interest is most likely:
- the performance of employee functions in relation to relatives;
- possession of deposits in banks or certain securities;
- receiving gifts;
- litigation;
- property obligations;
- violation of prohibitions established by law.
Conflict of Interest: Typical Situations
One of the typical situations where there is a conflict of interests can be determined by the presence of relatives or friends of the employee of the securities of the enterprise, the work of which this employee is able to influence.
Another situation is when the relatives of the official are the owners of the organization that he is inspecting. Or they work in such an organization, and also plan to get a job there.
In life, a situation is possible when an employee is included in the certification commission or the commission for conducting a responsible audit, which makes a decision related to the employee’s relative.
It is not uncommon for an employee on a reimbursable basis to perform work that is ordered by a government agency, where the employee replaces a certain position.
In a conflict of interest, which in some way is related to paid work, only some conflict of interest options deserve attention. For example, if a civil servant gives advice on the procedure for checking the enterprise, carries out the work that is needed to eliminate some violations, prepares a package of documents for submission to state authorities, then in this case he not only carries out management functions, but also evaluates the results of his own activities. Conflict of interest is evident.
A conflict of interest also arises when an employee is authorized to make decisions on the purchase of goods that are a product of intellectual activity, certain rights to which either he or one of his relatives have certain rights.
Separate consideration requires situations related to employee relations with former employers. A conflict of interest arises if an employee can influence decisions related to the enterprise or organization where he worked until the moment he was hired for public service.
It should be understood that it is not in any case that the civil servant performs management functions in relation to his relatives entails an insoluble conflict of interest. Any situation of this kind should be considered individually by the manager of the employee or representative of the employer.
The civil servant needs to refrain from negotiations on future employment with those organizations in respect of which he performs some managerial functions. If such a conflict of interest nevertheless arises, he is obliged to report in writing about it to the head. If measures are not taken to resolve the conflict, this can cause significant damage to the reputation of the authority.
What if the civil servant receives any awards, special or honorary titles from public associations, political parties, foreign states? If his duties ex officio include direct interaction with such organizations, the employee is not entitled to accept awards under the law. Otherwise, this may raise doubts about the objectivity of the employee in the performance of his duties and his impartiality.
The following situation is directly related to the information obtained in the performance of the duties assigned to the employee, which he has the opportunity to use. Such information, inaccessible to a wide circle, can give some organizations a competitive advantage. This is especially true of commercial transactions. For these reasons, it is forbidden for a public servant to divulge information that is confidential and has become known to him by service.
Conflict of Interest and Gifts
A separate area of conflict emergence is gifts. The civil servant is recommended to refuse gifts that are offered to him by organizations for which the official exercises control functions. At the same time, the value of gifts or the occasion of giving does not matter.
If the head of a civil servant finds out that his subordinate has received such a gift, it should be ascertained whether the gift is related to the employee performing his direct duties. If such a relationship is established, the employee may be held accountable. When sentencing are taken into account:
- the nature of the corruption offense;
- circumstances of the offense;
- the severity of the violation;
- the results of the previous work of a public servant.
Even if the gift accepted by the employee is in no way connected with the performance by the official of his duties, the manager must indicate that accepting gifts from people interested in a favorable outcome of the case can damage the reputation of the state body. Therefore, such gifts will be undesirable for any occasion of giving. The same applies to any gifts that an employee receives from his subordinates: in this case, a typical conflict of interest is also possible.
Property obligations and litigation
Initial situation: a public servant performs some management functions in relation to an enterprise or organization to which the employee or his relatives have obligations of a very definite property character. In such cases, the employee and his relatives are advised to pay off their debts, terminate the previously concluded lease agreement or otherwise fulfill property obligations. Prior to resolving a property dispute, a civil servant should be suspended from fulfillment of duties - but only in relation to the specific organization with which the conflict of interest situation is associated.
Another point that can lead to a conflict situation: the employee or his close relatives (friends) participate in the trial, where one of the parties is the organization in respect of which the official exercises control or management functions.
Possible measures to eliminate conflicts of interest
In the event of a conflict related to a conflict of interest, any public servant is obliged to immediately notify his management in writing of this, and then refuse to perform work in the organization in respect of which he makes management decisions.
If the employee himself has not taken measures to resolve the conflict of interest, this should be done by the head or representative of the employer.
If a public servant owns the paper assets of an organization that he is obliged to control, he must transfer such securities to the trustee or provide for the alienation of such assets.
