The USA Journals Volume 03 Issue 12-2021
11
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 15, 2021 |
Pages:
11-16
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-03
I
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2021:
5.
952
‘
ABSTRACT
The progress and globalization of the world community are extremely dynamic and constantly
changing processes. To keep up with development, the international community must ensure that all
instruments and regulations are in place that provide universal definitions of the phenomena that are
of greatest importance and relevance in every state. This article discusses the definition of such a
phenomenon as a conflict of interest and the need to consolidate a universal definition of the
situation for the correct implementation of the mechanism of legislation regulating the conflict of
interests for all states. In particular, the author provides a distinction between the concepts of
"conflict of interest" and "personal interest" and the issues of the need for such a distinction at the
legislative level.
KEYWORDS
Conflict, interest, conflict of interest, personal interest, civil servant, government procurement,
corruption.
INTRODUCTION
Conflict of interest is a very complex
phenomenon. At first glance, this term seems
clear, since the words "interest" and "conflict"
are clear to everyone. But in reality, no one
can say for sure what the whole expression
means. [1] If we take apart each word, it
should be noted that the word "conflict" is of
Latin origin and it is defined as a clash of
opposing interests, views, aspirations; serious
disagreement, dispute between parties,
opinions of forces; an extreme case of
aggravation of contradictions. [2] The term
The Concept Of "Conflict Of Interest" And The Relationship
Of This Term With "Personal Interest"
Sobirova Nozimakhon Mukhtorkhon Qizi
Lecturer At The Department Of Crime Prevention And Public Safety Specialized Branch
Tashkent State University Of Law, Uzbekistan
Journal
Website:
http:/theamericanjourn
als.com.com/index,php
/tajpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 12-2021
12
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 15, 2021 |
Pages:
11-16
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-03
I
MPACT
F
ACTOR
2021:
5.
952
"interest" (from Latin interesse - "to be
inside") is defined as "importance, benefit,
benefit, meaning." [3] Interest is one of the
central and most controversial concepts in the
social sciences. In law, the term “interest”
denotes the benefit or benefit of a particular
person (a set of persons) as opposed to the
benefit or benefit of others. Among modern
lawyers, the view of law as a "protected
interest", grounded in his time by the
outstanding German jurist R. von Ihering
("Interest and Law", 1865, "Purpose in Law",
1872), is widespread.
But despite the seeming simplicity of this
phenomenon, today there is no universal
concept of a conflict of interest in the
scientific environment, but each definition can
be applied relatively to a specific situation.
The search for opportunities to improve this
concept continues. V.V. Astanin, A.D. Ilyakov,
O. V. Kazachenkova, S.E. Channov, A.
Dementyev, S. Kachushkin, A.V. Kurakin, A.M.
Kurennoy, E.V. Talapina, S.N. Yuzhakov and
others.
As we know, we can find the universal
concept of any term in international
documents. For example, some international
organizations (for example, OECD, Council of
Europe), some states that have adopted
legislation on the prevention of conflicts of
interest (for example, Canada, China) have
recently tried to define the concept of
"conflict of interest".
The initial “foundation” for the analysis of the
concept of “conflict of interest” should be
considered the definitions of this concept in
international legal acts, in which they
appeared for the first time. These definitions
were and are important in the formation of
guidelines and basic elements of the concept
of "conflict of interest" in the legislation of
any state regarding combating corruption.
In fact, the very introduction of the concept of
“conflict of interest” into Uzbek legislation is
due to Uzbekistan's international obligations
arising from the UN Convention against
Corruption (2003). [4] In the UN Convention,
the term “conflict of interest” itself is not
used, but its essence is expressed quite
definitely by similar words: “conflict of
interest”, “conflict of interest”, etc.
In paragraph 4 of Art. 7 of the UN Convention
provides that each State Party shall strive, in
accordance with the fundamental principles of
its domestic legislation, to create, maintain
and strengthen such systems that promote
transparency and prevent conflicts of interest.
The International Code of Conduct for Public
Officials also does not use the term “conflict
of interest”. Chapter II of the Code uses the
concept of "conflict of interest", which covers
the most significant situations that constitute
the essence of the concept of "conflict of
interest" in the state and municipal service.
According to the provisions of Chapter II
"Conflicts
of
interest
and
disclaimer"
situations of conflicts of interest form:
-
the use by officials of their official
position for inappropriate personal gain
or personal or financial gain for their
families;
-
participation in any transactions, taking
positions, performing functions, having
financial, commercial or other similar
interests that are incompatible with their
position, functions, duties or their
administration;
-
failure to comply with the obligation to
communicate business, commercial or
The USA Journals Volume 03 Issue 12-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
December 15, 2021 |
Pages:
11-16
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-03
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2021:
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financial interests or activities carried out
for the purpose of obtaining financial
profit;
-
improper use of public funds, property,
services or information obtained in the
performance
or
as
a
result
of
performance of official duties, for the
implementation of activities not related
to the performance of official functions;
-
abuse of his former official position after
leaving his official posts. [5]
A newer one is the definition adopted by the
OECD at the 29th session of the Committee on
Public Sector Enterprise Management, held on
April 15-16, 2004: “A conflict of interest implies
a conflict between the public mission and the
private interests of a civil servant, in which the
civil servant has his own interests that could
unduly influence the way he performs his
duties and bears responsibility. "
The definitions of the Council of Europe and
OECD apply only to civil servants. And this is
understandable, since these definitions are
intended for representatives of the member
states
of
these
two
international
organizations, which have been encouraged
to promote the adoption of national codes of
conduct and introduce mechanisms to limit
the possibility of conflicts of interest.
Article 8 of Recommendation No. R (2000) 10
of the Committee of Ministers of the Council
of Europe to member states on codes of
conduct for civil servants, adopted at the
106th session of the Committee of Ministers
on 11 May 2000, states that: “ so that there is
no conflict between his private interests and
the public duties he performs. He is obliged to
avoid such conflicts, regardless of whether
they are real, potential or likely to appear as
such. " [6]
The listed provisions, along with others that
form a conflict of interest, were reflected in
other
international
legal
acts,
and
subsequently, as noted above, in national
legislation, including in the regulatory legal
acts of the Republic of Uzbekistan.
The Law of the Republic of Uzbekistan "On
Combating Corruption" No. ЗРУ-419, adopted
on January 3, 2017, stipulates that a conflict of
interest is a situation in which personal
interest (direct or indirect) affects or may
affect the proper performance by a person of
official or official duties and which a
contradiction arises or may arise between
personal interest and the rights and legitimate
interests of citizens, organizations, society or
the state. [7]
In turn, Article 21 of this Law provides for
measures to prevent and resolve conflicts of
interest. According to the provisions of this
article, employees of state bodies in the
performance of official or official duties
should not allow personal interest, which
leads or may lead to a conflict of interest.
In the event of a conflict of interest,
government officials should immediately
inform their immediate supervisor. The
manager who has received information about
the existence of a conflict of interest is
obliged to take timely measures to prevent or
resolve it.
Special departments or ethics commissions of
state bodies monitor compliance with the
rules for resolving conflicts of interest.
Employees of state bodies, as well as their
leaders, who have violated the requirements
for preventing or resolving conflicts of
interest, are liable in accordance with the law.
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2693-0803)
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December 15, 2021 |
Pages:
11-16
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-03
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In addition to this regulatory legal act, the Law
of the Republic of Uzbekistan "On public
procurement" No. ЗРУ-684 dated April 22,
2021 in its article 14 establishes the following
concept of a conflict of interest: a conflict of
interest is any situation, as well as the
presence of affiliation, in which personal
interest , direct or indirect, affects or may
affect the proper performance by a person of
official or official duties and in which a
contradiction arises or may arise between his
personal interest and rights, as well as the
legitimate interests of the subjects of public
procurement. [8]
That is, both concepts of a conflict of interest
in national legislation establish identical signs
of a conflict of interest: cases when personal
interest
affects
the
conscientious
performance of official or service obligations;
contradiction of personal interests with the
interests of the state and society.
At this stage of the study, I would like to dwell
in more detail on the concept of "personal
interest". At first glance, it may seem that the
concept of "conflict of interest" and "personal
interest" are identical, but there is a specific
distinction between these terms. In chapter 3
"Model rules of ethical behavior of employees
of state administration bodies and local
executive authorities", approved by the
Resolution of the Cabinet of Ministers of the
Republic of Uzbekistan No. 62 dated March 2,
2016 "On approval of model rules of ethical
behavior
of
employees
of
public
administration bodies and local executive
authorities" »Clause 14 deals with conflicts of
interest and personal interests. This clause
states: civil servants, in the performance of
their official duties, must not allow self-
interest that leads or may lead to a conflict of
interest.
A conflict of interest arises in a situation
where civil servants have a personal interest
that affects or may affect the objective and
impartial performance of their duties.
The personal interest of civil servants includes
obtaining any benefit or advantage for them
personally or for their close relatives, as well
as other persons with whom they have a close
or business relationship. [9]
It is assumed that personal interest in this
regard means the possibility of obtaining
income in the form of money, other property,
including property rights, property services,
the results of work performed or any benefits
(advantages) for civil servants, and (or) those
with him in a close relationship or property by
persons (for example, parents, spouses,
children, brothers, sisters, as well as brothers,
sisters, parents, children of spouses and
spouses of children), citizens or organizations
with whom a civil servant, and (or) persons,
those with him in a close relationship or
property are linked by property, corporate or
other close relationships.
The personal interest of a civil servant includes
any advantage (benefit) for him (her) himself,
for his family, parents, friends or relatives, for
persons or organizations with whom he or she
has or had a business or political relationship.
Self-interest also includes any financial or civil
obligation incurred by a given civil servant.
Consequently, the concept of a conflict of
interest is broader than the concept of
personal interest, since a conflict of interest is
a situation, and personal interest is the receipt
of income, most often in monetary terms.
The USA Journals Volume 03 Issue 12-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
December 15, 2021 |
Pages:
11-16
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-03
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2021:
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CONCLUSION
In conclusion, I would like to conclude that the
"conflict of interest", which is the subject of
the study, is actually one of the most complex
and ambiguous concepts that is found in
international, foreign and domestic legislation
on public service, anti-corruption legislation
and regulatory legal acts related to different
areas of government and corporate activities,
for example, to public procurement. It is
considered necessary to approve a universal
definition of a conflict of interest at the
international level, which will allow all states
to adopt new regulations, which will give
precise concepts of a conflict of interest,
personal interest and issues of responsibility
for the occurrence of such a situation.
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Pages:
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