Volume 03 Issue 07-2023
17
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
17-24
SJIF
I
MPACT
FACTOR
(2021:
5.
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)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article describes legal mechanisms for preventing conflicts of interest and issues related to the experience of
foreign countries. The article also defines the concepts of "corruption" and "conflict of interest". And the opinions of
scientists in this regard are analyzed.
KEYWORDS
Corruption, conflict of interest, prevention, legal mechanism, foreign country, risk, official, official authority,
responsibility, criminal activity.
INTRODUCTION
Corruption is considered one of the most serious
threats to the development of the state and society.
Due to this, in our country, the most important task of
leaders and employees of state bodies at all levels is to
have an intolerant attitude towards all forms of
corruption and fight against it ruthlessly.
In his address to the Oliy Majlis of January 2020, the
President of the Republic of Uzbekistan said that we
will not be able to achieve the high goals we have set
for ourselves unless all members of our society are
vaccinated with the "Honesty vaccine" .
Regarding the fight against corruption in our country,
the Law of the Republic of Uzbekistan dated January 3,
2017 "On Fighting Corruption" can be mentioned. A
number of decrees and decisions of the head of state
were adopted on the implementation of the goals and
tasks set by this law, state programs to fight against
corruption for every two years were approved.
In fact, the question arises as to what "corruption" is.
Etymologically, "corruption" comes from the Latin
word "corruptio", which means "to spoil, buy, bribe".
Research Article
LEGAL MECHANISMS AND EXPERIENCE OF FOREIGN COUNTRIES TO
PREVENT CONFLICTS OF INTEREST
Submission Date:
July 02, 2023,
Accepted Date:
July 06, 2023,
Published Date:
July 12, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-05
Matmuratov Botir Djoldasovich
Candidate Of Legal Sciences, Associate Professoroliy Majlis Of The Republic Of Uzbekistan Development Of
The Senati Arolbay Region Issues And Ecology Committee Deputy Chairman, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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07
Pages:
17-24
SJIF
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FACTOR
(2021:
5.
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(2022:
5.
705
)
(2023:
6.
584
)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
According to the authors of the legal encyclopedia,
"corruption is a criminal activity in the field of politics
or public administration, expressed in the use of the
rights and power opportunities given to them by
officials to gain personal wealth” .
“In the encyclopedic dictionary of legal terms, the
concept of corruption is defined as "the illegal use of
their status and related opportunities to obtain
material and other wealth and privileges by persons
who have the authority to perform state functions (or
equivalent to them), as well as the use of these wealth
and privileges by natural or legal entities allowing
illegal possession” , defined as.
The Code of Conduct of Law Enforcement Officials
adopted on December 17, 1979 states: "The concept of
corruption must be defined in national law", and it
provides a sample definition of this phenomenon as
follows: performance or failure to perform certain
actions in the interests of the payer in return for
payment in the form, with or without violation of the
provisions of the job instructions” .
A similar definition of corruption can be found in the
World Bank's report on the role of the state in the
world today: corruption is "abuse of state power for
personal gain” .
Article 3 of the Law of the Republic of Uzbekistan "On
Combating Corruption" dated January 3, 2017 states
that "corruption is the unlawful use of one's position
or service position by a person for the purpose of
obtaining material or immaterial benefits for personal
interests or the interests of other persons, as well as
such is an illegal submission.
offense related to corruption - an act with signs of
corruption, for the commission of which liability is
provided by law;
conflict of interest - personal (direct or indirect)
interest affects or may affect a person's proper
performance of official or service duties, and a conflict
occurs or may occur between personal interest and the
rights and legal interests of citizens, organizations,
society, or the state is the situation”.
The adoption of the decree of the president of the
Republic of Uzbekistan PF-6257 of July 6, 2021 "on
measures
to
create
an
environment
of
uncompromising treatment of corruption, sharply
reduce corrupt factors in the management of state and
society and expand public participation in this"has
become a new stage in the uncompromising attitude
towards any manifestations of corruption .
The decree established the tasks of improving its
regulatory
framework
based
on
advanced
international standards in order to increase the
effectiveness of the fight against corruption.
In the state program" combating corruption for 2021-
2022", the development of legislative acts has been
established:
1. Public Civil Service Act;
2. "Civil servants code of etiquette";
3. Law aimed at putting into practice the open
electronic register of persons found guilty of
committing corruption crimes and the restrictions
associated with it;
4. Law "on declaration of income and property of civil
servants";
5. Conflict of interest Regulation Act;
6. Law that provides for administrative liability to
officials who have obstructed the legal activities of the
Volume 03 Issue 07-2023
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Pages:
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SJIF
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(2021:
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(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Anti-Corruption Agency and (or) have not fulfilled their
legal requirements;
7. Such as a law that provides the anti-corruption
agency with the power to submit a submission to the
relevant authority to suspend the execution of a
contract, order and other documents in case of any
conflict of interest, or to bring a lawsuit to the court to
find it invalid.
A number of laws established in the program were
adopted, and in June of this year the conflict of Interest
Act was passed, which we were carrying, and six
months after the date of its official announcement will
enter the street.
The law consists of 5 chapters and 33 articles, Chapter
1. General rules, 2bob. State regulation of conflict of
interest relations, Chapter 3. Measures for disclosure
of conflict of interest information and identification of
conflicts of interest, Chapter 4. Review and
investigation of measures taken to regulate conflicts of
interest and Chapter 5. Closing rules.
It should be noted that the law applies to state bodies
and local state authorities, state institutions, State
Unitary enterprises, state target funds, as well as to
Joint-Stock Companies with a state share of 50 percent
in the authorized fund and more.
The law establishes the principles of lawfulness as the
main principles for regulating relations related to
conflicts of interest; the priority of legitimate interests
of citizens, organizations, society and the state;
openness and transparency; impartiality; intolerance
to corruption.
To be clear, the law revealed the meaning of the
concepts of an employee of a state div or other
organization, Conflict of interest, a special unit for the
regulation of conflicts of interest, personal interest,
close relatives.
According to him , an employee of a state div or
other organization, it was defined as management
employees working in state bodies or other
organizations under an employment contract
(contract) or in elective or appointive positions.
Close relatives include parents, brothers, sisters, sons,
daughters, spouses, as well as parents, brothers,
sisters and children of spouses.
It should be noted that Appendix 5 to the Order of the
agency" Özstandart "No. 103 of October 2020" 30 "in
the"rule for the regulation of conflicts of interest in the
service process": localism (acting in the eyes of only
local interests. The personal interest of an employee in
the form of a subjective, privileged and impartial
attitude towards a third person belonging to a
particular generation with a common ancestor),
nepotism ( the appearance of favoritism based on
kinship ties), nepotism (the appearance of favoritism
based on kinship ties - to make illegal benefits to his
close relatives or friends, to calculate rewards, to the
detriment of the interests of the organization, to the
detriment of recruitment and appointments to
positions, etc.), sponsorship (protection of an
employee of agency and system organizations in the
form of side-clicking, creating favorable working
conditions by an employee in a higher position),
favoritism (preference of the interests of one person
or a group of individuals over the interests of another
person or group of individuals, promotion by position,
recommendation for state awards, etc.)and other
tushinchas are given .
Also, Annex 3 to Order No. 367 of the OECD dated
October 27, 2021, along with the basic concepts
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Publisher:
Oscar Publishing Services
Servi
mentioned above in the OECD regulation on conflict-
of-interest Management in organizations within its
territorial administrations and system, cronyism - (the
appearance of favoritism based on friendly ties) - the
use of power and/or prestige in order to provide illegal
benefits to friends or trusted persons; terms such as
shafelik (protection of an employee in the form of
creating favorable working conditions by another
employee whose position is higher, receiving his side in
favor of it) are indicated.
In the law, close relatives of an employee of a state
div or other organization, or this employee or his
close relatives own shares or shares of the statutory
fund of which legal entity, the same legal entity, as well
as the employee or his close relatives are recognized in
which legal entity is the head or member of the
governing div, the same legal entity should be noted
that the concept of conflict of interest, as outlined in
the law of the Republic of Uzbekistan "on combating
corruption", was expanded in the new edition and
amendments were also made to the relevant laws.
According to him, a conflict of interest was defined as
a situation in which a person's personal (direct or
indirect) interest affects or may influence his or her due
fulfillment of his or her duties of office or service, and
in which there is a conflict between personal interest
and the rights, legitimate interests of citizens,
organizations, society or the state,
In accordance with the law, an employee of a public
div or other organization must conscientiously fulfill
his office obligations or service powers and refrain
from any actions related to his own personal interests
that may affect or affect their performance.
At the same time, in the event of an existing conflict
of interest, it is obliged to quickly notify its immediate
leader or a special unit, not to force employees or other
employees of its immediate subordination to actions
(inaction) of its own personal interests, and also to
inform other employees about cases of self - known
conflicts of interest (Article 6).
It is known that the law "on Civil Service of the
state"(Article 9), adopted on August 8, 2022, also notes
that in the event of a conflict of interest, a civil servant
must immediately notify his head or a high
–
ranking
state div in writing, the head of a state div receiving
information about the existence of a conflict of
interest, or it should be noted that an employee of a
state div or other organization is obliged to fill out a
notice of an existing conflict of interest within a
working day of the moment when the conflict of
interest has become known to him in the established
form and present it to his immediate supervisor or to a
special unit. For example, if close relatives are hired
directly under the subordination of an employee, or
involved in the work of an employee, he is involved in
making decisions on issues related to his associates, or
if a close relative is working as an official in charge of
the direction of inspection at the object under
investigation, and such another situation becomes
known to himself (Article 15).
If, in the event of a change in the information of
the state div or another organization on the person,
an employee must annually fill out a declaration of a
possible conflict of interest no later than January 15.
Also, the candidate being hired, or an employee
transferred to another job, must complete and submit
a declaration of a fixed form on a possible conflict of
interest.
Restrictions on the Prevention of conflicts of
interest may apply in the activities of an employee of a
public div or other organization. For example. he has
Volume 03 Issue 07-2023
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(ISSN
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VOLUME
03
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Pages:
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SJIF
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(2021:
5.
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(2022:
5.
705
)
(2023:
6.
584
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
no right to hide information about conflicts of interest,
to knowingly present false or false information, to
work as a deputy in organizations subordinate or
controlled by one another, to be a founder, including a
shareholder, participant in commercial organizations,
to own shares or shares in the authorized capital of
commercial organizations that are under the control of
the organization that relations related to conflicts of
interest are regulated by the authorities in the state.
These are the Anti-Corruption Agency of the Republic
of Uzbekistan, state bodies or other organizations, the
Ethics Commission of these agencies, the special
division for the regulation of conflicts of interest -
internal anti-corruption units and personnel units of
these agencies.
In connection with the adoption of the law, a new
article 1934 was introduced into the code of
administrative responsibility of the Republic of
Uzbekistan, which established responsibility for failure
to comply with the requirements of conflict of interest
legislation.
The article provides jabogar for not informing an
official or employee of a public div or other
organization about the existence of a conflict of
interest provided for by conflict of interest legislation,
as well as for failing to take steps to regulate an
existing or probable conflict of interest provided for by
conflict of interest legislation that has become known
to an official.
It should be noted that the occurrence of these
violations in the field of Public Procurement aggravates
liability, and officials are fined from twenty to thirty
times the amount of the base calculation.
The"Civil Service Act "and"conflict of Interest Act"
contain statements that a civil servant has no right to
engage in entrepreneurial activities .
In case of detection of violations provided for by Article
1934 of the code of administrative responsibility of the
Republic of Uzbekistan, a statement of administrative
offenses is drawn up by officials of the Anti-Corruption
Agency of the Republic of Uzbekistan and sent to the
court for consideration in the prescribed manner.
Additions to Articles 114 and 116 of the Civil Code of the
Republic of Uzbekistan, according to which an
agreement on corruption, including conflict of interest,
is found invalid in the judicial procedure. The profit
received as a result of the conclusion of this agreement
is transferred to the state income, the role of damage
to individuals and legal entities is covered by the guilty
persons in court order.
It should be noted that in world experience, although
there are mainly four (Asian, continental, Anglo-Saxon
and transitional) models of conflict of interest
management, only two of them (Continental, Anglo-
Saxon)are common .
In the Anglo-Saxon model, conflict of interest refers to
a situation in which a civil servant or political leader has
the opportunity to decide for himself or in favor of "the
next 16 persons". This model is enshrined in the laws
and is characterized by rules of conduct, standards of
behavior in a cross section of situations. In this system,
the main focus in preventing conflicts of interest is on
regulating the behavior of employees, training and
advising them .
While the legislation of the Federal Republic of
Germany, where the continental model of conflict of
interest management is common, has no generally
accepted definition of conflict of interest. In contrast
Volume 03 Issue 07-2023
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VOLUME
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Pages:
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SJIF
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(2021:
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(2022:
5.
705
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(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
to the Anglo-Saxon model, the main issues here are
regulated by legislation and departmental regulations,
which refer to conflicts of interest in the continental
model.
In many foreign countries, in practice, special laws and
regulations have been developed that allow the
implementation of the mechanism for determining and
resolving conflicts of interest. For example, in some
countries, such as Canada and the United States, the
people's Republic of China, a holistic system of
identifying and resolving conflicts of interest has
already been created.
In particular, Canada introduced the Conflict of Interest
Act in 2006, a separate conflict of Interest Act, as well
as the Office of conflict and ethics commissioner,
which allows the use of administrative resources by
members of the Parliament of Canada, Cabinet
ministers, state enterprise presidents and members of
the board of directors, lobbyist actions, and reduction
of conflicts of interest.
Such cases have also been chosen by the Croatian
legislature, which means that the Anti-Corruption
Strategy of the state in question is based on the
conflict of Interest Act 2011 year .
In addition, in the above source, scientists noted that
the US experience in the legal regulation of conflicts of
interest in the practice of today is successful: although
there is no separate law on the detection and
resolution of conflicts of interest in the country, these
issues are regulated in great detail in various sectoral
documents. It must be said that this network of
documents provides for the establishment of large
fines for committing conflicts of interest. In the study
of the legal experience of foreign countries in the
regulation of conflicts of interest, the Russian
Federation, where the legal system is close, becomes
important. Khatto can be seen that the current anti-
corruption policy of the Republic of Uzbekistan is also
following the Russian model.
Legal norms regarding conflict of interest and its
resolution in the Russian Federation are established in
articles 10-11 of the law "on combating corruption".
With problems related to the investigation,
identification and resolution of conflicts of interest in
the Russian Federation, the Department of regulatory
regulation of civil service issues of the RF government
and the Department of personnel is engaged.
It should be said that the legal tariffs of the
concepts of conflicts of interest in the state and
municipal service, as well as "personal interest", which
form the basis of conflicts of interest, are more widely
covered in Russian legislation. The types of material
values that are the object of personal interest, as well
as the scope of subjects, are clearly defined.
In Russia, the concept of conflict of interest is
intended to include three structural elements:
personal interest; confrontation between the personal
interests of a civil servant and the legitimate interests
of citizens, organizations, society and the state;
opportunity to harm legitimate interests .
From the point of view of Russian law, today
Russian scientists argue that the country faces the
following two problems in the legal regulation of
conflicts of interest: the first of them is associated with
organizations tasked with fulfilling the powers of
power, while the second issue lies in the fact that some
leaders of companies forced to declare their income do
not submit reports in Officially, they indicate that such
procedures for providing confidential information do
Volume 03 Issue 07-2023
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SJIF
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(2021:
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5.
705
)
(2023:
6.
584
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
not exist, while the existing procedure applies to the
public sector.
Another feature of Russian legislation is that the
activities of special bodies
–
commissions are
established to determine the fact of allowing civil
servants to conflict of interest and regulate these
activities.
In the legislation of most foreign countries, the
likelihood of a conflict of interest in the trust
management of shares and pays is implied to be high.
In practice, officials place such shares and pays in trust
management to spouses, relatives, or other persons,
thus creating difficulties in determining a conflict of
interest situation. In our opinion, in eliminating such
cases, it is an effective tool not only to declare the
property and expenses of civil servants, but also to
monitor the financial condition of close relatives.
In conclusion, based on the experience of foreign
countries in managing conflicts of interest, including
the study of their legal norms, the following main
features can be noted:
the presence in the public administration system
of a specialized div for the management of the Civil
Service and the regulation of the behavior of
employees;
the presence of standards of conduct in the civil
service (in the form of a code or in another form);
the presence of formal control mechanisms, that
is, the presence of extensive sanctions, which are used
as a measure of responsibility for violations of service
duties.
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Pages:
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–
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Oscar Publishing Services
Servi
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