When performing duties of a civil servant, situations may arise that fall under the concept of a 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 civil servant is capable of influencing the correct performance of his duties according to his position. At the same time, an acute contradiction may arise between the interests of an official and the interests of citizens, organizations, the whole of society or the state.
Personal interest is usually understood as the actual possibility of an official, his friends, acquaintances or relatives to receive unjust enrichment (income) in the form of material gain.
The law imposes on employees the obligation to exclude the potential for a conflict of interest. If such situations nevertheless arise, the official is obliged to notify his superiors about this.
To prevent a conflict of interests, the employee is recalled, the procedure for which is determined by law. Another solution consists in changing the official position of a person - up to and including his removal from office.
Where a conflict of interest may arise
There are several main areas where conflicts of interest are most likely to occur:
- performance of functions by an employee in relation to relatives;
- ownership of bank deposits or certain securities;
- receiving gifts;
- litigation;
- property obligations;
- violation of the prohibitions established by law.
Conflicts of Interest: Typical Situations
One of the typical situations where there is a conflict of interest can be determined by the presence of the employee's relatives or friends of the securities of the enterprise, on the work of which this employee is able to influence.
Another situation is when the official's relatives are the owners of the organization he is checking. 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 attestation commission or a commission for conducting a responsible inspection, which makes a decision related to the employee's relative.
It is not uncommon for an employee to perform work on a reimbursable basis that is ordered by a state body, where the employee replaces a certain position.
In the case of conflicts of interest that are in some way related to paid work, only some of the conflict of interest options deserve attention. For example, if a civil servant gives advice on the procedure for checking an enterprise, conducts work that is needed to eliminate any violations, prepares a package of documents for submission to state bodies, then in this case he not only performs management functions, but also evaluates the results of his own activities. There is a conflict of interest.
A conflict of interest also arises when an employee is empowered to make decisions on the purchase of goods that are a product of intellectual activity, certain rights to which either he himself or one of his relatives has.
Situations related to the employee's relationship with former employers require separate consideration. A conflict of interest arises when an employee can influence decisions related to the enterprise or organization where he worked prior to being hired in the public service.
It should be understood that not in any case, the performance of management functions by a civil servant in relation to persons related to him entails an insoluble conflict of interests. Any situation of this kind should be dealt with on a case-by-case basis by the employee's manager or representative of the employer.
A civil servant should refrain from negotiating 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 it to the manager in writing. Failure to take steps to resolve the conflict can cause significant damage to the reputation of the authority.
What if a civil servant receives any awards, special or honorary titles from public associations, political parties, foreign states? If his duties in the position include direct interaction with such organizations, the employee does not have the right to accept awards under the law. Otherwise, it 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 ability to use. This knowledge, which is not widely available, may give some organizations a competitive edge. This is especially true for commercial transactions. For these reasons, a civil servant is prohibited from disclosing confidential information that has become known to him during his service.
Conflict of interest and gifts
A separate area in which a conflict situation arises is gifts. The civil servant is advised to refuse gifts offered to him by organizations in respect of which the official exercises control functions. At the same time, the cost of gifts or giving reasons does not matter.
If the head of a civil servant found out that his subordinate received such a gift, it should be found out whether the gift is related to the performance of the employee's direct duties. If such a link is established, the employee can be held accountable. When sentencing, the following 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 the civil servant.
Even if the gift accepted by the employee is in no way connected with the performance of the official's duties, the manager is obliged to point out that accepting gifts from persons interested in a favorable outcome of the case can damage the reputation of the state body. Therefore, such gifts will be undesirable for any giving occasion. 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 civil servant performs some management functions in relation to an enterprise or organization, to which the employee himself or his relatives have obligations of a very definite property nature. In such cases, the employee and his relatives are advised to pay off debts, terminate a previously concluded lease agreement or otherwise fulfill property obligations. Until a property dispute is resolved, a civil servant should be removed from his duties - but only in relation to that specific organization with which the situation of a conflict of interest is associated.
Another point that can lead to a conflict situation: an employee or his close relatives (friends) are involved in a court proceeding, where one of the parties is an organization over which the official exercises control or management functions.
Possible measures to eliminate conflicts of interest
In the event of a conflict associated with a conflict of interest, any civil servant is obliged to immediately notify his management in writing, and then refuse to perform work in the organization in respect of which he makes managerial decisions.
If the employee himself has not taken measures to eliminate the conflict of interest, this should be done by the manager or representative of the employer.
If a civil servant owns the paper assets of an organization that he is obliged to control, he should transfer such securities to a trustee or provide for the disposal of such assets.
Conflicts of interest and responsibility of a civil servant
Prior to resolving the issue of disciplinary action, the head of a civil servant is obliged to conduct a full and comprehensive internal audit. Based on its results, it is possible to apply various disciplinary measures. In some cases, the materials of the check can be transferred to the jurisdiction of law enforcement agencies.
The supervision over the implementation of anti-corruption legislation is carried out in Russia by the prosecution authorities. The scope of supervision also includes situations that are in one way or another related to a conflict of interest. Over the course of a year, prosecutorial oversight bodies reveal up to two and a half thousand facts of violation of the law related to conflicts of interest in the civil service.
