Соnflict of interest and the fight against it on the example of Uzbekistan

Журнал:
Выпуск:
CC BY f
29-40
37
23
Поделиться
Зойлбоев J. (2022). Соnflict of interest and the fight against it on the example of Uzbekistan. in Library, 22(1), 29–40. извлечено от https://inlibrary.uz/index.php/archive/article/view/7814
0
Цитаты
Crossref
Сrossref
Scopus
Scopus

Аннотация

The theoretical basis and the role of a conflict of interest in the exercise by government bodies of their functions are highlighted in this work. The legal basis and priority directions of reforms, issues of improvement of legal regulation, the implementation of decency principle and restrictions related to the elimination of conflicts of interest in the public administration system of the Republic of Uzbekistan are explained considering the peculiarities inherent in the legislation of the Republic of Uzbekistan. Along with this, the experience of developed countries and comparative analysis is given. A general conclusion was made on the findings of the study, while these conclusions were mainly made in the field of prevention and combating conflict of interest.

Похожие статьи


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 29

CONFLICT OF INTEREST AND THE FIGHT AGAINST IT ON

THE EXAMPLE OF UZBEKISTAN

Javlon Zoilboev

1

1

Tashkent State University of Law

Sayilgoh street, Tashkent, Uzbekistan

E-mail: j.zoilboyev@tsul.uz

jzoilboyev@gmail.com

https://doi.org/10.5281/zenodo.5839568


ARTICLE INFO

ABSTRACT

Received: 01

st

January 2022

Accepted: 05

th

January 2022

Online: 10

th

January 2022

The theoretical basis and the role of a conflict of interest in the

exercise by government bodies of their functions are highlighted in

this work. The legal basis and priority directions of reforms, issues of
improvement of legal regulation, the implementation of decency
principle and restrictions related to the elimination of conflicts of

interest in the public administration system of the Republic of
Uzbekistan are explained considering the peculiarities inherent in the
legislation of the Republic of Uzbekistan. Along with this, the
experience of developed countries and comparative analysis is given.

A general conclusion was made on the findings of the study, while
these conclusions were mainly made in the field of prevention and
combating conflict of interest.

KEY WORDS

a conflict of interest,
corruption,

public

administration, political

situation, social relations,
state and society.

The

study

analyzes

the

causes,

consequences of conflict of interest, which
is a serious obstacle to the activities of
public administration bodies, considered
one of the bases of corruption, the struggle
against it by the state, to eliminate conflict
of interest in the Republic of Uzbekistan as
a result of a comparative study of the
experience of foreign countries. It is the
development of promising proposals aimed
at improving the organizational and legal
framework.

Objectives of the research work:

Based on the purpose of the study, the

following objectives were formulated:

the concept of conflict of

interest in public administration,
showing its place in the origin of a
corrupt situation;

to

indicate

the

legal

regulation of the Institute of conflict
of interest;

studying the experience of

foreign countries in the framework
of this topic;

demonstrate

ways

to

eliminate conflict of interest;

to

show

the

reforms

conducted in this regard in
Uzbekistan;

To provide suggestions and

recommendations on improving the
legal and organizational issues of
eliminating conflicts of interest.

INTRODUCTION

Public administration is one of the

most complex types of social interaction,
the structure and content of these


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 30

interactions is associated with many
contradictions due to the specificity of their
interaction with all social relations, which in
this area leads to many contradictions,
including conflicts of interest. Conflict of
interest in civil service as one of the actual
social problems of the theory and practice of
Public Administration between public and
legal duties and private interest of the
public official it is expressed in dependence,
which means that his private interests can
affect the performance of his official duties
or duties illegally. The unresolved nature of
these types of conflicts leads to the fact that
the civil service does not develop and, as a
result, the inefficiency of influence on
economic and social processes can decrease
confidence in the authorities of the state.

Currently, the expression “conflict of

interest” is closely associated with the civil
service as a feature of processes and
phenomena in the field of public
administration. Conflict of interest, this is a
situation in which personal (direct or
indirect) violence affects or may affect the
performance of a person's career or service
obligations to the extent that it is necessary,
and between personal violence and the
rights and legitimate interests of citizens,
organizations, society or the state, there is
or may raise resistance. Personal interest, in
turn, means the opportunity to receive
income in the form of money, another
property,

property-related

services,

including property rights, the results of the
work performed or any benefit to a civil
servant and persons who are closely related
to him (parents, spouses, children, brothers,
sisters, as well as brothers, parents,
children, spouses and children of spouses),
citizens or organizations, corporate.

SCIENTIFIC RESEARCH.

As we see, the main terms that

determine the content of conflict of interest
in the activities of public administration
bodies are the terms “interest” and
“personal interest”. These invasions are of
direct interest to us, because they are a
certain type of generalizing concept,
without which it is impossible to determine
the social essence of such a phenomenon as
a conflict of interest in the activities of
Public Administration.

There is no doubt that the most

important category for the consideration of
the essence of conflict of interest in the
activities of Public Administration bodies is
“interest”. D.I.Dedov puts forward the idea
that “conflict of interest” always arises from
the dependence on the interests of a person,
First on their personal interests, on
interests, contrary to the interests that are
protected by law, “he said

[1]

. Many

researchers believe that when considering
the concept of” conflict of interest,” the
category “interest” should be taken as the
initial definition. Thus, the main factor in
the conflict of interest is personal interest,
and the personality of civil servant is in the
center of the interaction. Material benefits
are the main feature of personal interests,
which are usually directly related to the
object and satisfaction of developing needs.
This material benefit is an aspect that may
conflict with all subjects of the relationship
in the system of Public Administration.
Material interest is expressed in a financial
or proprietary form, as well as in the results
of property rights, property-related
services and work performed.

Social Interest reflects the system of

social relations of an individual with various
small and large social groups. The more
closely they cover the individual, the
stronger the personal interest in the


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 31

realization of these interests. In this respect,
first, it is necessary to separate the family,
since this group is distinguished by the
closest ties and direct cooperation that form
the circle of mutual responsibility and
affection. Another group of friends who
have a strong direct connection to the
personality of civil servants can become
friends. Here, however, note that personal
interest in the context in which we are
considering can arise only when their goals
are common. If we are talking about large
social groups, which may be in the general
interest of the civil servant of the
authorities, we must emphasize colleagues
in the workplace, including former, political
and religious organizations, etc.

It follows from the foregoing that

conflict of interest is a situation that affects
or may affect the performance of a person's
career or service obligations to the extent
necessary, and that between personal
dignity and the rights and legitimate
interests of citizens, organizations, society
or the state, there may be or may be
resistant [

2]

.

From foreign lawyers: Astanin, A.D.

Ilyakov, O. V. Kazachenkova, S. E. Chanov, A.
Dementiev, S. Kachushkin, A.V. Gorekin,
A.M. Gorennaya, E. V. Talapina, S.N.It it can
be seen that the essence of the conflict of
interest of Yuzhakov is revealed in the
content.: “Any corruption offense is based
on a conflict of interest. A competent entity
operating in the system of public
administration means that the state has
certain powers and that these powers can
be used to realize personal interests,
including property interests

[3]

. In this

regard, it is worth noting that for the
emergence of corruption, of course, it is
necessary that it is of interest. This interest
arises from the abuse of a certain authority.

A group of scientists attempts to meet their
personal needs by removing obstacles by
applying the state will to conflict of interest
(N. Obozov, H. Heckhausen, W. Urey and
others) will comment

[4]

.

If we talk about the situation of

conflict of interest reflected in our
legislation, then first of all we need to focus
on the law of the Republic of Uzbekistan “On
Combating Corruption”. According to the
law: “conflict of interest – a personal (direct
or indirect) conflict of interest is a situation
that affects or may affect the performance of
a person's official or official duties to the
necessary extent, as well as the occurrence
or occurrence of resistance between
personal and legitimate interests and rights
and legitimate interests of citizens,
organizations, society or the state

[5]

. The

introduction of this norm is also directly
related to legal changes at the international
level, in particular, the introduction of the
concept of “conflict of interest”: comes from
the UN Convention on Combating
Corruption and is related to the
international obligations of the Republic of
Uzbekistan [

6]

. However, the term “conflict

of interest“ is not used in this UN
Convention, but its essence is explained by
“conflict of issues,” and other concepts and
is considered close to each other.

Corruption and conflict of interest are

contrary to the interests of the state and
society, because of which the economy,
political life and social, in short, lead to the
crisis of all spheres. In most cases, the
support of projects unnecessary and
unprofitable in most cases, leads to the fact
that the implementation or the delay of
those that are useful to many is contrary to
the law. Even if legitimate civil projects are
implemented, the costs of compensating for


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 32

the corrupt “tax” undermine the quality of
work.

According to Vito Tanzi, “Corruption is

the observance of the print type of length of
the right, which is aimed at achieving an
advantage either for itself or for persons
belonging to this behavior

[7]

. We must

understand from this that in the place of
corruption there will certainly be an
authority, a right of power. This means that
the subject is given more rights than other
persons.

Also, a number of Uzbek scientists

have suggested their ideas about
corruption. In particular, the doctor of
political science Bakhtiyar Omonov noted
“corruption is a state without borders, it is
made up of a clear “scheme” (scheme) of
cheating, bribery and money laundering”

[8]

.

According to the scientist, corruption in
itself covers a number of crimes. Negative
acts. For example, cheating and bribery. It is
worth noting that bribery in many respects
arises from a conflict of interest.

According to The conducted research,

when representatives of more than 60 top
management bodies from more than 150 of
Asia's countries and the Pacific were taken
as respondents, they noted that corruption
in the mass services, in the public services,
is the main obstacle to ensuring this
legitimacy. Also, judging by the information
provided by the representatives of these
countries separately, corruption has been
rated as a serious obstacle to the economy,
political growth and social development of
the state

[9]

.

Conflict of interest was also included

in the composition of corruption crimes I.
Ismoilov, analyzing corruption crimes,
argues that it is difficult to give a full
assessment of such a crime, from the
perspective of the law, Corruption is the

illegal use of public office for selfish
purposes

[10]

. But the use of public office for

personal gain does not always become a
corruption crime. Additionally, the concept
of “State position” should also be clarified.
Even in the interpretations of international
organizations, it is impossible to create a
single concept of this.

According to Zufarov, the eruption

means “undermining public interests both
in terms of personal life and in terms of
corporate profits

[11]

.

The scientist Akhrorov said “In the

literature, the issue of corruption is treated
differently. He has no single concept, he can
emdiv several crimes. Even based on the
recommendations

of

international

organizations, it is impossible to create a
common understanding of this”.

Because of our research, we give the

following authorship definitions:

conflict of

interest

a situation in which personal

(direct or indirect) subordination affects
the proper performance of a person's career
or service obligations and, as a result of
satisfaction

of

personal

interest,

undermines the rights and legitimate
interests of citizens, organizations, society
or the state

[12]

.

Corruption -

is the illegal use of a

person for obtaining material or intangible
benefits to satisfy any interest(s) other than
the interest (s) of society and the state from
his career, service position, as well as to
present such benefits illegally.

Several reasons cause conflicts of

interest, the enumeration of which can not
be excluded from the profit. Specially,

the fact that the norms of law

can be interpreted differently;

low legal literacy of the

population;


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 33

the turbulence of the political

situation in the country;

violation of the principle of

unity of executive power;

the sluggish participation of

the population in the control of the
state;

the fact that the revenue of

service workers in the public sector
is less than the income that can be
found in the private sector;

The high rate of inflation;

The fact that the top

management bodies of the country
are

disconnected

from

the

population.

These reasons undermine the public’s

trust in state bodies and officials.
Additionally, this leads to poverty in the
country's economy, social sphere, science,
and culture.

What activities are being conducted

in Uzbekistan to prevent conflicts of interest
in the activities of Public Administration
bodies?

One of the issues that have given the

most attention in the Republic of Uzbekistan
is precisely corruption and conflict of
interest. In particular, according to the
index of perception of corruption of the
international organization Transparency
International, since 2010, Uzbekistan has
been gradually improved its indicators from
year to year . According to the international
indices in the Republic of Uzbekistan, the
current state of corruption is assessed as
follows:

- 158th place in 2018;
- In 2019, in 198 countries, in the

system of 100 points, 25 points, 153 places;

- In 2020, gaining 26 points, 146 place.
And in 2010 year he was on 172-th

place with 16 points.

According

to

Transparency

International Anti-Corruption Barometer
for 2016 year, only 18% of respondents in
Uzbekistan reported that they gave the
report, and only 23% of them noted
corruption as one of the three most serious
problems in the country. According to the
population survey, the most corrupt
representatives of the sphere – yol-Patrol
employees (17% of respondents recognized
that they were given Pura), education and
medical workers (16% of respondents
recognized this). On the question of what
prevents respondents from reporting
corruption, 39% said that they do not know
the answer to this question, and the second
most common answer was “because of fear
of negative consequences” (17 %).

IMPLEMENTED MEASURES.

With the initiative of Dear President

Sh. Mirziyoev in January 3, 2017, the law of
the Republic of Uzbekistan "On combating
corruption"was adopted. The adoption of
this law – combined the forces and
capabilities of state bodies and civil society
institutions in the fight against corruption,
allowed to create a holistic system and
improve national legislation on the sphere.
Over the past period, the fight against
corruption has steadily increased to the
level of public policy, the development and
implementation of measures to combat it,
the creation of legal and institutional
systems regulating the sphere have been
continued.

As a logical continuation of this work,

a special authorized state div-the
anticorruption agency was established in
accordance with the decree of the president
of the Republic of Uzbekistan “On additional
measures to improve the Anti-Corruption
System in the Republic of Uzbekistan” dated
June 29, 2020, aimed at preventing and


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 34

combating corruption in all spheres of
society and public life.

A

number

of

international

organizations welcomed the establishment
of the new agency in Uzbekistan, including
the World Bank, the Organization for
Security and Co-operation in Europe, the
United Nations Department on Drugs and
Crime, the United Nations Development
Programme, the Organization for Economic
Cooperation

and

Development,

and

expressed their readiness to establish the
agency’s activities and provide practical
assistance.

Civil servants working in the field of

public administration, in their activities,
performing the functions and tasks of the
state, as well as in their efforts to achieve a
specific goal, will express that they are civil
servants. The legislation stipulates that civil
servants must be guided by the rule of law
in their professional activities, the priority
of the rights, freedoms and legitimate
interests of citizens, patriotism and
devotion to official duty, loyalty to the
interests of the state and society, justice,
honesty and impartiality. To establish
uniform codes and rules of conduct for
employees of public administration bodies
and local executive bodies, to create
conditions for their conscientious and
effective performance of official duties, and
to prevent abuse of public service by the
Government and higher-level government
bodies, including under the leadership of
the President, systemic reforms are being
conducted. One such measure, undoubtedly,
is the resolution of the Cabinet of Ministers
of the Republic of Uzbekistan of March 2,
2016 No. 62 “On approval of the standard of
etiquette

of

employees

of

state

administration bodies and local executive
bodies”. This decision approved the model

code of conduct for civil servants operating
in public administration bodies, defined the
requirements for the conduct of civil
servants, the procedure for conducting
activities in situations of corruption,
corruption and conflict of interest, and
issues of responsibility. Simultaneously, it is
expressed that civil servant has to strictly
observe state printouts and requirements in
the performance of his official duties, to
perform his official duties conscientiously,
at a high professional level, to take into
account the rights, duties and legitimate
interests of citizens, to monitor such
printouts in order to prevent cases of
discrimination. It is stipulated that civil
servants must fight corruption and actively
contribute to its development, must have a
high level of legal awareness and culture.
Additionally, these rules cover the behavior
of a civil servant in the service, his clothing,
how he should behave among people, and
other norms.

It is necessary to pay special attention

to one aspect: the moral maturity of
personnel working in the state management
bodies is an important factor in the conflict
of interests and the rational reduction or
increase in the incidence of corruption.
Having received information on the
approval of the standard rules of conduct of
state management bodies in the decision №
62 of the Cabinet of Ministers of the
Republic of Uzbekistan, this decision sets
out how to conduct business in cases of
conflict of interest as a fundamental part of
the rules of conduct.

Because of the measures taken by the

Anti-Corruption Agency, a number of cases
of violations are identified. In particular,
when the control measure was performed
in the premises assigned to use, it was
determined that the study specified in the


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 35

construction objects was not adequately
performed (deficit). Additionally, in 7 cases
without insurance policies 9,6 mlrd.so it
was determined that mlik construction
facilities were financed. At the end of the
study, 4 criminal cases were initiated on the
basis of questionnaires sent to the general
prosecutor's office [

13]

.

Civil servants should avoid situations

of personal injury that cause a conflict of
interest in the performance of their service
duties. Every aspect associated with
interest is considered an important factor in
the loss of further fruitfulness. The conflict
of interest arises in those cases when the
personal interests of civil servants affect or
may affect the impartial and impartial
performance of their service duties. Any
factor that affects the objective and
impartial performance of the duties of the
service in the Bund will reduce the way to
the achievement of the state goal, the level
of ensuring the rights and interests of
citizens to several levels. The personal
nature of civil servants includes their
personal or close relatives, as well as their
access to any benefits or benefits to other
persons who may be in close or business
relationships. In the event of a conflict of
interest, civil servants should immediately
notify their leader, and the condition is
firmly established that the leader who
receives information on the availability of
the situation will take timely measures to
bring it into order.

The rules of etiquette of customs

officers have also been adopted, and these
rules of conduct strengthen the rules of
etiquette related to conflicts of interest in
conducting public service in the customs
authority. In particular, the Disciplinary
Regulations of the state customs bodies of
the Republic of Uzbekistan were approved

by the decree of the President of the
Republic of Uzbekistan No. PP-3665 of April
12, 2018

[14]

. According to him, the rules of

etiquette, regardless of what position they
hold, professional manners of employees
and the Basic Rules of Self-Discipline in the
service include a set of general rules. From
the date of entry into the service of the
customs authorities, it is established that
each employee must observe the rules of
etiquette.

In place of the conclusion, it should be

said that the prevention of such negative
situations as a conflict of interest and
corruption, the fight against them, was one
of the main tasks facing the state. Including
also prevents the fight against them by each
state the measures will be developed, the
experience used by the states in the
international arena will be used. It would
not be an exaggeration to cite the reforms
conducted in the Republic of Uzbekistan in
recent years as a clear example of these
measures.

FOREIGN EXPERIENCE.

Conflict of interest in the civil service

is a topical issue for civil servants around
the world. In many countries, legislation
sets standards for conflicts of interest in
civil service. Recently, some countries have
introduced standards in response to
developing international control by
introducing new laws, including

According to Article 10 of the Federal

Law of the Russian Federation

№ 273-FZ of December 25, 2008 “On

the fight against corruption,” “Under the
conflict of interests in the state or municipal
service, this Federal law refers to a situation
in which the personal interest of a state or
municipal employee (directly or indirectly)
or their official (official) duties may affect
the, it is capable of harming the rights and


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 36

legitimate interests of the society or the
state

[15]

.

In accordance with the Federal Law, it

is established that officials who did not
prevent a conflict of interest or did not
prevent the occurrence of such a
circumstance, or allowed the occurrence of
such a negative circumstance, are brought
to criminal responsibility.

In many foreign countries, special

laws have been developed to prevent
conflicts of interest and to combat it. In such
states, also legislative legal acts allow to
identify and resolve conflicts of interest. In
some countries, for example, Canada and
the United States, a holistic system of
identifying and resolving conflicts of
interest have already been built, and in the
people’s Republic of China, institutional
bases of this category have been created.

In Canada, the law “On conflicts of

interest”, adopted in 2006 year, reflected
the norms for combating conflicts of
interest

[16]

. According to Article 4 of this

law, the purpose of the law is an expression
of deregulation from the conflict of interest
that occurs when an official holding a public
position incorrectly exercises official
powers, obligations or functions to satisfy
the interests of his interests, relatives or
friends, or to satisfy the personal interests
of another person.

According

to

the

procedure

established by Canadian law, “each civil
servant must organize his or her personal
affairs in such a way that he or she has
conducted the conditions for the Prevention
of a conflict of interest between himself and
his or her official” .

According to the content of the

Canadian legislation, officials working in
public administration are prohibited from
engaging in a number of activities.

According to Article 15 of this law, no civil
servant is prohibited from engaging in the
following activities in the performance of
his powers, duties and duties (except as
necessary):

engage in labor activity or

professional practice;

management

or

implementation of commercial or
commercial activities;

continue to work as a director

or representative of a corporation or
organization, or to be so;

Labor union or professional

association position;

perform the function of a paid

consultant;

To be an active partner in

cooperation

.

At present, with the study of the

existing problems and shortcomings in the
field of prevention of conflicts of interest in
the activities of public administration
bodies in Uzbekistan, the fight against it and
the creation of organizational and legal
basis, it must conduct radical reforms, make
changes in the following areas and to
continue this process systematically. Based
on the sources used because of the analysis
conducted, we found it appropriate to come
to the following conclusion.

As a scientific novelty of our research

work, authorship definitions and proposals
for legislation are given.

Based on the above analysis, we have

developed our definition of authorship to
the concepts of conflict of interest and
corruption:

Conflict of interest

— a situation in

which personal (direct or indirect)
subordination

affects

the

proper

performance of a person's career or service
obligations and, because of satisfaction of


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 37

personal interest, undermines the rights
and legitimate interests of citizens,
organizations, society or the state.

Corruption

is the illegal use of a

person for obtaining material or intangible
benefits in order to satisfy any interest(s)
other than the interest (s) of society and the
state from his career, service position, as
well as to present such benefits illegally.

Based on the above conclusions, we

found that the following suggestions
should be put forward

:

THEORETICAL PROPOSALS:

1. In the field of public control:

To establish effective public control

over every official of the public
administration div. It is important to
determine the circle of persons who have
morally-enlightened moral qualities, who
live in the territory where he operates, who
have no relation to the official in any way;

to conduct an expert examination of

the results obtained on the public control
and to take drastic measures on the basis of
its conclusion to the official who has caused
cases of conflict of interest;

the development of their annual

ratings and the application of incentive
measures to persons who have achieved
high reliability in the area of public control
results, as well as in the areas of activity of
officials, can be effective.

2. In the financial sphere:

before hiring civil servants, it is

necessary to improve the system for
obtaining income declarations at the time of
employment and at the time of release from
public service. Each civil servant must
submit a declaration of their income to the
Tax Authority at the end of the current year.
It is necessary to compare the difference in
income based on reliable sources. Currently,
when implementing this system in practice,

due attention is still not paid to
systematicity and reliability;

To develop a system of payment for

the work of civil servants on the basis of
new models. As in the educational system, it
is necessary to introduce the KPI (key
performance

indicator)

system

of

remuneration to civil servants operating in
the state management bodies, based on
their achievements during their labor
activity, their effectiveness, contributions to
the development of the sphere, and
establish additional priorities.

3. In the field of transparency,

openness:

in addition to state secret, the secret of

the bank, the secret of insurance, the secret
of advocate (in general, secrets whose
disclosure is contrary to the interests of the
state and the individual), the authorities of
the state government in their activities are
responsible for the use of state budget
funds, income, appeals of citizens and legal
entities, cooperation, the implementation of
This implies that a particular state div is
assessed by the people on the results of
their activities. It is necessary to fully
transfer the processes of recruitment of
personnel to the state administrative bodies
in the videoconferencing mode and online
transmission.

4. Proposals to improve legislation:

First of all

, it is a clear goal to prevent

conflicts of interest by making appropriate
additions to Article 21 of the law of the
Republic of Uzbekistan "On combating
corruption it is necessary to develop
measures (the administrative discretion of
the official authorized to take such
measures should be limited), as well as to
clearly specify the procedure and term for
informing the civil servant;


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 38

Second of all

, it is necessary to

determine the range of cases of conflict of
interest that may arise in the activities of
legislative acts and public administration
bodies, and to ensure that these cases are
clearly reflected in the rules of etiquette,
based on the tasks, functions and goals of
each state div, in the areas of regulation.
Both the employee and the law enforcement
agencies will be able to control their actions
if they know in advance in which case and
because of which actions a conflict of
interest will arise;

Third of all

, the development of a

document (document) on the prevention of
conflicts of interest in the transition to civil
service, as well as ensuring the use of this
document by civil servants, serves to
eliminate corruption in this area. Currently,
there are "exemplary rules of conduct for
employees of state administration bodies
and local executive bodies", approved by
resolution 62 of the Cabinet of Ministers of
the Republic of Uzbekistan, and the
instructions set out in this document are not
specified in specific instructions on how a
civil servant should behave in the event of a
conflict of interest;

Fourth of all

, it is advisable to

strengthen penalties against an official who
has allowed or allowed the occurrence of a
conflict of interest. Currently, our criminal
legislation does not establish criminal
liability for creating a situation of conflict of
interest, and the introduction of strict
penalties represents an increase in the
number of cases. In this regard, it is
necessary to criminalize the conflict of
interests and apply harsh punitive
measures to officials.

Fifth of all

, it is necessary to

introduce a preferential payment to an
employee for reporting an incident and a

possible conflict of interest. At the same
time, it is advisable to determine the
amount of material remuneration based on
the scale of the conflict of interests being
prevented and eliminated.

CONCLUSION

1. Conflict of interest is also a

manifestation of corrupt crimes, such as
giving away money, obtaining money,
abusing career authority, cold-blooded
attitude to career authority, treason to the
state.

2. The existence of such a negative

situation as conflict of interest in the
activities of Public Administration bodies is
one of the main factors in the country's
ageing, lagging behind in all aspects of its
development.

3. It is our duty to prevent cases of

conflict of interest in public administration,
first of all to conduct such primary tasks as
education, legal consciousness, reform of
legal culture, formation of a spirit of
obedience to laws.

4. In our legislation, norms related to

conflicts of interest in most cases acquire a
declarative character. This leads to the fact
that such actions will be committed by
authorized persons. This is because
personal interests in state governing bodies,
where sharp sanctions are not expressed
and control is not established, will prevail
over the interests of society and the state.

5. It is desirable to develop concrete

annual, five-year, ten-year, long-term plans
of reforms in this area. The reason: the fight
against corruption and conflict of interest is
not a “victory-ending” struggle suddenly
and in the short term. He requires from us
strong will, patience.

6. It is worthwhile to introduce the

experience of countries that have achieved


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 39

significant successes in this area in
accordance with the results of the
experiments, adapting it to our national
mentality.
7. In addition to the ideas presented, and
most importantly, each of us must

conscientiously fulfill our duties, formulate
our personality, manners in a menand way
to the functions and duties that we fulfill.
Without this, we will not achieve our
intended goal.

REFERENCES:

1.

[1]

https://prokuratura.uz

2.

[2]

https://advice.uz/uz/document/2324?keyword

3.

[3]

Ilyakov A.D.. Conflict of interest between the state and the state. Monograph. A.D. Ilyakov.

Russia. 2017.)

4.

[4]

Qadashov S.Y.

Conflict of interest resolution and anti-corruption in the Civil and Municipal

service: Theory and practice – М.: ИНФРА-М, 2016. – 192 с

5.

[5]

Collection of legislation of the Republic of Uzbekistan, 2017, No. 1, Article 2; a national

database of legislation data, 16.01.2019-y., 03/19/516/2484-SEC; 24.05.2019-y.,
03/19/542/3177-San, 2019-y. Article 47.

6.

[6]

The United Nations Convention Against Corruption (New York, October 31, 2003) was

signed by 140 countries. The Republic of Uzbekistan was annexed by the law of July 7, 2008
number of-158.)

7.

[7]

Boris Begovic.

TY. Corruption: concepts, types, causes and consequences.

JOUR.2005/01/01./
https://www.researchgate.net/publication/265364211_Corruption_Concepts_types_cause
s_and_consequences

8.

[8]

Omonov B.

CORRUPTION AND NATIONAL DEVELOPMENT: A PROBLEM AND SOLUTION

(https://tuit.uz/post/korrupsiya-va-milliy-taraqqiyot-muammo-va-yechim)

9.

[9]

U Myin.

Corruption: causes, consequences and cures. Asia-Pacific Development Journal.

Vol. 7, No. 2, December 2000. Pn:33

10.

[10]

Ismoilov I. The main areas of corruption and the fight against it. //Ҳуқуқ-Право -Law –

Тошкент, 1999. – № 3 (7). – Б.51.

11.

[11]

Zufarov R. Bribery is the negation of corruption// Давлат ва ҳуқуқ. – 2000. № 4. – 41 б

12.

[12]

Javlon Zoilboev

C

13.

[13]

https://anticorruption.uz/uz/item/monthly-report

14.

[14]

National database of legislation data, 13.04.2018-y., 07/18/3665/10711-San,

26.11.2018-y., 06/18/5582/2220-SEC; 06.06.2020-y., 06/20/6005/0728-SEC.; 27.01.2021-
y., 06/21/6146/0065-number

15.

[15]

Federal Law No. 273-FZ of 25.12.2008 “On Combating Corruption”//

http://фин-

73.рф/images/Protivod_korrupc/Zakon/273-FZ.pdf

16.

[16]

Enacted by section 2 of chapter 9 of the Statutes of Canada, 2006, in force July 9, 2007,

see SI/2007-75.


background image

EURASIAN JOURNAL OF ACADEMIC RESEARCH

Innovative Academy Research Support Center

www.innacademy.uz

Volume 2 Issue 01, January 2022 ISSN 2181-2020

Page 40

17.

[17]

Зоилбоев, Ж. (2021). ADMINISTRATIVE REFORMS OF EDUCATION SYSTEM IN

UZBEKISTAN.

ЖУРНАЛ ПРАВОВЫХ ИССЛЕДОВАНИЙ

, (SPECIAL 1).

18.

[18]

O‘G‘Li, Z. J. K. (2020). Administrative Reforms In The Republic Of Uzbekistan: Some

Problems And Prospects.

The American Journal of Political Science Law and

Criminology

,

2

(12), 1–4.

Библиографические ссылки

Ш https://prokuratura.uz

Ш https://advice.uz/uz/document/23247keyword

И Ilyakov A.D.. Conflict of interest between the state and the state. Monograph. A.D. Ilyakov. Russia. 2017.)

Ш Qadashov S. Y. Conflict of interest resolution and anti-corruption in the Civil and Municipal service: Theory and practice - M.: ИНФРА-М, 2016. - 192 c

121 Collection of legislation of the Republic of Uzbekistan, 2017, No. 1, Article 2; a national database of legislation data, 16.01.2019-y., 03/19/516/2484-SEC; 24.05.2019-y„ 03/19/542/3177-San, 2019-y. Article 47.

121 The United Nations Convention Against Corruption (New York, October 31, 2003) was signed by 140 countries. The Republic of Uzbekistan was annexed by the law of July 7, 2008 number of-158.)

И Boris Begovic. TY. Corruption: concepts, types, causes and consequences. JOUR.2005/01/01./ https://www.researchgate.net/publication/265364211 Corruption Concepts types cause s and consequences

1Ш Omonov B. CORRUPTION AND NATIONAL DEVELOPMENT: A PROBLEM AND SOLUTION fhttps://tuit.uz/post/korrupsiya-va-milliy-taraqqiyot-muammo-va-yechim)

121 и Myin. Corruption: causes, consequences and cures. Asia-Pacific Development Journal. Vol. 7, No. 2, December 2000. Pn:33

ИШ Ismoilov I. The main areas of corruption and the fight against it. //Хукук;-Право -Law -Тошкент, 1999. - № 3 (7). - Б.51.

Ш1 Zufarov R. Bribery is the negation of corruption// Давлат ва хукук;. - 2000. № 4. - 41 б

UilJavlon Zoilboevc

Ш1 National database of legislation data, 13.04.2018-y., 07/18/3665/10711-San, 26.11.2018-y., 06/18/5582/2220-SEC; 06.06.2020-y„ 06/20/6005/0728-SEC.; 27.01.2021-y., 06/21/6146/0065-number

Federal Law No. 273-FZ of 25.12.2008 "On Combating Corruption"// ИМр://фин-73.p4)/images/Protivod_korrupc/Zakon/273-FZ.pdf

U61 Enacted by section 2 of chapter 9 of the Statutes of Canada, 2006, in force July 9, 2007, see SI/2007-75.

Ш1 Зоилбоев, Ж. (2021). ADMINISTRATIVE REFORMS OF EDUCATION SYSTEM IN UZBEKISTAN. ЖУРНАЛ ПРАВОВЫХ ИССЛЕДОВАНИЙ, (SPECIAL 1).

O'G'Li, Z. J. K. (2020). Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects. The American Journal of Political Science Law and Criminology, 2(12), 1-4.

Hepagreen - восстановление нормальной работы печени Androgard — препарат для настоящих мужчин Androgard — препарат для настоящих мужчин Byutivit - Натуральный продукт для женщин любого возраста Byutivit - Натуральный продукт для женщин любого возраста Byutivit - Натуральный продукт для женщин любого возраста Maksimus - Натуральный продукт, для бодрости и энергии Lactovita - Номер один в естественном улучшении иммунитета Lactovita - Номер один в естественном улучшении иммунитета Avicenna’s Lab inLibrary — это научная электронная библиотека UACD - Антикоррупционный дайджест Узбекистана inConference - научно-практические конференции inScience - Журнал Общество и инновации Gulyamov - Гулямов Саид Саидахрарович MUVI24 - Смотрите фильмы онлайн, большая коллекция, новинки кинопроката Megatorg - Доска объявлений Megatorg.net: сайт бесплатных частных объявлений Skinormil - Космецевтика активного действия Pils - Интернет-аптека >METAMED - Фармацевтическая компания с полным спектром услуг All.Tube - Смотрите онлайн видео бесплатно в хорошем качестве Dexaflu - от симптомов гриппа и простуды UMAR PROEKT - Комплексное проектирование UZDA - Ассоциации стоматологов Узбекистана