CONFLICT OF INTEREST: FROM THE LAW TO THE COURT DECISION

Abstract

The author of the article has studied specific features of normative and legal regulation of the issues of competitive interests in Ukraine. It has been noted that there are still problematic issues of practical application of the norms of current legislation in regard to drawing up protocols by authorized entities and in regard to court hearings in the relevant category at the present stage of development of anti-corruption legislation. The author has separately emphasized on specific features of resolving competitive interest in foreign countries. There is an example of the fact that the most common issues regulated by EU law are the obligation to maintain impartiality and the ban on combining positions, while the issues of gifts, rewards and restrictions on choosing activities after leaving office are almost not raised. Special attention has been paid to studying the Generalizations of Judicial Practice in Cases on Administrative Offenses Related to Corruption; the Methodical Recommendations on the Application of Certain Provisions of the Law of Ukraine “On Preventing Corruption” regarding the prevention and settlement of competitive interests, the compliance with restrictions on the prevention of corruption developed by the National Agency for the Prevention of Corruption in 2021 has become a special achievement of recent years, aimed at forming unified approach to the compliance with the rules for the prevention and settlement of competitive interests, restrictions on the prevention of corruption as an integral part of preventing the commission of corruption and corruption-related offenses. The report on the implementation of anti-corruption reforms in Eastern Europe and Central Asia countries, published by the Organization for Economic Cooperation and Development on deepening cooperation, has been separately highlighted. This report summarizes the implementation of the Istanbul Anti-Corruption Action Plan and notes that the quality of mechanisms for monitoring the implementation of anti-corruption policies remains low in almost all of the indicated countries; in most cases it is based not on objective indicators and criteria, but on reports from executing agencies.