scholarly journals FORMS AND METHODS OF CONFLICT OF INTEREST ON THE LAW OF THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2016 ◽  
pp. 0-0
Author(s):  
Александр Ноздрачев ◽  
Alyeksandr Nozdrachyev ◽  
Алексей Автономов ◽  
Alyeksyey Avtonomov
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Conflict Of Interests ◽  
Private Interests ◽  
Official Position ◽  
Foreign Countries ◽  
Employer Representative ◽  
Actual Meaning ◽  
Prevention Methods ◽  
Framework System

The conceptual framework system of public administration instills increasingly in terms of actual meaning towards the concept of “conflict of interest” as one of the most important legal means to combat corruption. The article examines the forms and methods of conflict of interests. The authors argue that the primary duty of a person, who sits in for an office that involves the obligation to take measures to prevent and resolve conflicts of interest (the side of conflict of interest), is to notify the representative employer about a risen conflict of interest or the possibility of its occurrence. These persons should carry out their state and official activities in a way to anticipate the risks of conflict of interest and to do it as efficiently as possible to try to “manage conflicts” that may arise. The article substantiates the need to clarify the notice forms of conflict of interests. Along with the assignment of certificates of income, property and property obligations it is suitable to assign a declaration of private interests to the employer representative taking into account the experience of these types of notices in foreign countries. The article analyzes in detail the powers of the representative of employer to prevent and resolve conflicts of interest, including the obligation to inform the person who is a party to the conflict of interests, the existence of dangerous conflict situation and the inadmissibility of certain actions. Preventing or resolving conflicts of interest by the employer representative may consist of: a change in the official position or status of the person who is a party to the conflict of interest; his removal, rejection or disqualification of the notice and other processes for resolving conflicts of interests. The authors propose further improvement of prevention methods and conflict of interests’ settlement based on the foreign countries experience.

CONFLICT OF INTEREST SETTLEMENT IN THE CONTEXT OF DIGITALIZATION OF THE ECONOMY: WAYS TO PREVENT, IDENTIFY AND RESOLVE

2021 ◽  
Vol 1 (10) ◽  
pp. 67-74
Author(s):  
Nina F. Kuzovleva ◽  
◽  
Sergey I. Bogatyryov ◽  
Diana E. Simakova ◽  
◽  
...  
Keyword(s):  
Conflict Of Interest ◽  
Civil Service ◽  
Conflicts Of Interest ◽  
Economic Security ◽  
The State ◽  
Regulatory Framework ◽  
Integrated Systems ◽  
Conflict Of Interests ◽  
Judicial Practice ◽  
Preventive Methods

The article is devoted to the actual problems of preventing, identifying and resolving conflicts of interest in organizations. The concept of "conflict of interests", causes of the conflict of interests and its signs are considered. An analysis of judicial practice, typical situations of conflict of interests in the civil service and the regulatory framework was carried out, which allows us to determine preventive methods for resolving conflicts of interest. In the conditions of digitalization of the economy, objective necessity of creating integrated systems to minimize possible risks of a conflict of interests that threaten economic security of an individual, society and the state is revealed.

scholarly journals PREVENTION AND SETTLEMENT OF CONFLICTS OF INTEREST IN THE FIELD OF PUBLIC ADMINISTRATION

2021 ◽  
Vol 49 (2) ◽  
pp. 57-62
Author(s):  
Dmytrychenko-Kuleba G ◽  
Keyword(s):  
Public Administration ◽  
Conflict Of Interest ◽  
Research Method ◽  
Conflicts Of Interest ◽  
Comparison Method ◽  
Public Governance ◽  
Potential Conflict ◽  
Conflict Of Interests ◽  
Legal Consequences

To date, the study of such categories as conflict of interest, real conflict of interest, potential conflict of interest is important in the field of public administration. After all, the work of the subjects of power in a real or potential conflict of interest interferes with the work of the enterprise, institution, organization. This negatively affects the efficiency, effectiveness of public administration, leads to negative economic and legal consequences. The object of research is the prevention and settlement of conflicts of interest. The purpose of the work is to analyze ways to prevent and resolve conflicts of interest. Research method – method of comparison, method of analysis. KEYWORDS: CONFLICT OF INTERESTS, REAL CONFLICT OF INTERESTS, POTENTIAL CONFLICT OF INTERESTS, PUBLIC GOVERNANCE.

scholarly journals Conflict of interest: dialectics of a normative “tiered structure”

2021 ◽  
Vol 15 (4) ◽  
pp. 743-750
Author(s):  
V. V. Astanin
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Operational Definition ◽  
Practical Significance ◽  
Conflict Of Interests ◽  
Dialectical Approach ◽  
Legislative Structure

Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks determined by a conflict of interests.Methods: the dialectical approach to the cognition of socio-legal phenomena, which allows identifying the unity of opposites in the legal categories that form the conflict of interests concept; the formal-logical method of scientific cognition, presented in the legal-dogmatic analysis of legislative norms; the method of operationalization of concepts.Results: the conducted comparative legal research, expressed in a combination of methods of analysis and synthesis of legal categories aimed at obtaining comparative knowledge, allows correlating their content with respect to the “conflict of interests” concept in proportion to the goals of law enforcement. A legal and linguistic analysis of legal categories has been carried out, the totality of which forms the content of the “conflict of interests” concept. Abstract and definite norms of categories are highlighted in the context of the proof necessary to ensure their connection (presence and absence) with legal facts.Scientific novelty: the term “normative ‘tiered structure’” was introduced into the scientific circulation of legal science, which comprehensively reflects the operational definition of the complex socio-legal phenomena described in composite legal categories. The theoretically presented phenomenon of the normative “tiered structure” conflict of interest in the discreteness of its constituent concepts and dispositive legal categories causes high risks of distortion or erroneous interpretations. These risks are formed out of court, initially registered in the decisions of the conflicts of interest settlement commissions. Prevention of such risks is ensured not only by the involvement of experts who, in addition to legal knowledge and professional-industry knowledge, also have moral and ethical foundations, the bearers of which are the arbiters of precedent law enforcement.Practical significance: the main provisions of the article can be used in practical activities to provide evidence of de jure manifestations of a conflict of interests. The revealed regulatory collisions and the incomplete legal regulation of public relations in the sphere of “personal interest” require improving the anti-corruption legislation in terms of simplifying the concept used for law enforcement purposes.

scholarly journals Compliance control of conflict of interests in the general system of internal control and resource management

2019 ◽  
Vol 9 (5) ◽  
Author(s):  
Natalia Loishyna ◽  
Kostyantyn Kustrich ◽  
Mykola Tkach ◽  
Sergey Levchenko ◽  
Vitalii Getmanskii
Keyword(s):  
Internal Control ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
General System ◽  
Armed Forces ◽  
Structural Units ◽  
Defense Department ◽  
Conflict Of Interests ◽  
Scientific Discussion ◽  
Internal Control System

The results of the research published in the article will be useful to professionals directly or indirectly involved in the process of identification and resolution of conflicts of interest, to managers at all levels and to internal control and compliance professionals. The article summarizes the arguments and counterarguments within the scientific discussion on the specificity and peculiarities of the concept of conflict of interest, its nature and not identical with the concept of corruption. The article deals with the conceptual apparatus of the conflict of interest problem and defines the main approaches to the resolution of conflicts of interest and summarizes the research results in this area. Based on the analysis of legal acts and other sources, it is determined that the existence of a conflict of interest is not a necessary prerequisite for the occurrence of a corruption offense. The results of the monitoring of compliance with the legislation on conflict of interests and other restrictions on the prevention of corruption are clearly illustrated, information on the functioning of the system of prevention and detection of corruption in the Ministry of Defense of Ukraine and the Armed Forces of Ukraine is presented. The direct participants of anti-corruption activities in the system of the Ministry of Defense of Ukraine and the Armed Forces of Ukraine were identified, considerable attention was paid to the issue of conflicts of interest in the structural units of the defense department, namely to authorized persons for the prevention of corruption. Also, a certain algorithm of implementation of the process of identification of risks related to the presence of conflicts of interest in the system of internal control and compliance is formulated. An example is given of preventing and avoiding conflicts of interest through the use of specific tools. The study empirically confirms and theoretically proves that the identification of existing conflicts of interest in a separate structural unit must be taken into account when identifying and assessing risks in the functioning of the internal control system. Methodical tools of the study were methods of analysis, synthesis, comparison, induction, deduction. The study period is from 2014 to the present.

scholarly journals Legal and political aspects of avoiding the conflict of interests

2006 ◽  
Vol 78 (9) ◽  
pp. 97-111
Author(s):  
Slobodan Beljanski
Keyword(s):  
Public Interest ◽  
Conflict Of Interest ◽  
Well Being ◽  
Access To Information ◽  
Public And Private ◽  
Conflict Of Interests ◽  
The Public ◽  
Private Interests ◽  
The Republic ◽  
Paper Author

In the paper author analyzes normative, political and social suppositions for the prevention of conflict of interests. The reason is the first Serbian Law for the Prevention of Conflict of Interest passed on April 20th 2004. and the practice of the Republic Committee for Deciding on the Conflict of Interests which acts from 18. January 2005. Author considers that in the same way the conflict between public and private interests is relevant as well as the conflict inside public interest, where the cumulation of functions can endangered the public well-being, founded on the goal that every public function must be performed professionally, conscientiously and responsibly. In that regard permissible exceptions destroy the moral base of reserved prohibitions and discredited the pure idea of prevention of conflicts. Similar effect is created by declarative character of sanctions which can be given to officials, ambivalent relation to the access to information about the property of officials and insufficient resolution that the privacy of officials must be treated very restrictively.

General Particulars Regarding the Conflict of Interest

2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici
Keyword(s):  
Local Government ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
National Level ◽  
The State ◽  
Role Of The State ◽  
Legal Implications ◽  
Determining Factors ◽  
Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

Preventing and Managing Conflict of Interest in Nutrition Policy: Lessons for Alcohol Control Comment on "Towards Preventing and Managing Conflict of Interest in Nutrition Policy? An Analysis of Submissions to a Consultation on a Draft WHO Tool"

2020 ◽  
Author(s):  
Katherine Severi
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Nutrition Policy ◽  
Alcohol Policy ◽  
World Health ◽  
Alcohol Control ◽  
Policy Debates ◽  
Food And Nutrition ◽  
Industry Engagement ◽  
Health Organization

Ralston et al present an analysis of policy actor responses to a draft World Health Organization (WHO) tool to prevent and manage conflicts of interest (COI) in nutrition policy. While the Ralston et al study is focussed explicitly on food and nutrition, the issues and concepts addressed are relevant also to alcohol policy debates and present an important opportunity for shared learning across unhealthy commodity industries in order to protect and improve population health. This commentary addresses the importance of understanding how alcohol policy actors – especially decision-makers – perceive COI in relation to alcohol industry engagement in policy. A better understanding of such perceptions may help to inform the development of guidelines to identify, manage and protect against risks associated with COI in alcohol policy.

scholarly journals Addressing Conflicts of Interest in Health and Medicine: Current Evidence and Implications for Patient Decision Aid Development

2021 ◽  
pp. 0272989X2110088
Author(s):  
Rachel Thompson ◽  
Zoe Paskins ◽  
Barry G. Main ◽  
Thaddeus Mason Pope ◽  
Evelyn C. Y. Chan ◽  
...  
Keyword(s):  
Conflict Of Interest ◽  
Decision Aid ◽  
Conflicts Of Interest ◽  
Guideline Development ◽  
Care Delivery ◽  
Quality Standards ◽  
Current Evidence ◽  
Unintended Effects ◽  
Patient Decision Aid ◽  
Patient Decision

Background More stringent policies for addressing conflicts of interest have been implemented around the world in recent years. Considering the value of revisiting conflict of interest quality standards set by the International Patient Decision Aid Standards (IPDAS) Collaboration, we sought to review evidence relevant to 2 questions: 1) What are the effects of different strategies for managing conflicts of interest? and 2) What are patients’ perspectives on conflicts of interest? Methods We conducted a narrative review of English-language articles and abstracts from 2010 to 2019 that reported relevant quantitative or qualitative research. Results Of 1743 articles and 118 abstracts identified, 41 articles and 2 abstracts were included. Most evidence on the effects of conflict of interest management strategies pertained only to subsequent compliance with the management strategy. This evidence highlighted substantial noncompliance with prevailing requirements. Evidence on patient perspectives on conflicts of interest offered several insights, including the existence of diverse views on the acceptability of conflicts of interest, the salience of conflict of interest type and monetary value to patients, and the possibility that conflict of interest disclosure could have unintended effects. We identified no published research on the effects of IPDAS Collaboration conflict of interest quality standards on patient decision making or outcomes. Limitations Because we did not conduct a systematic review, we may have missed some evidence relevant to our review questions. In addition, our team did not include patient partners. Conclusions The findings of this review have implications for the management of conflicts of interest not only in patient decision aid development but also in clinical practice guideline development, health and medical research reporting, and health care delivery.

scholarly journals A cross-sectional study of all clinicians’ conflict of interest disclosures to NHS hospital employers in England 2015-2016

BMJ Open ◽  
2018 ◽  
Vol 8 (3) ◽  
pp. e019952 ◽  
Author(s):  
Harriet Ruth Feldman ◽  
Nicholas J DeVito ◽  
Jonathan Mendel ◽  
David E Carroll ◽  
Ben Goldacre
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Current System ◽  
Tertiary Care ◽  
Cross Sectional Study ◽  
Freedom Of Information ◽  
Sectional Study ◽  
Cross Sectional ◽  
The Gift ◽  
The Uk

ObjectiveWe set out to document how NHS trusts in the UK record and share disclosures of conflict of interest by their employees.DesignCross-sectional study of responses to a Freedom of Information Act request for Gifts and Hospitality Registers.SettingNHS Trusts (secondary/tertiary care organisations) in England.Participants236 Trusts were contacted, of which 217 responded.Main outcome measuresWe assessed all disclosures for completeness and openness, scoring them for achieving each of five measures of transparency.Results185 Trusts (78%) provided a register. 71 Trusts did not respond within the 28 day time limit required by the FoIA. Most COI registers were incomplete by design, and did not contain the information necessary to assess conflicts of interest. 126/185 (68%) did not record the names of recipients. 47/185 (25%) did not record the cash value of the gift or hospitality. Only 31/185 registers (16%) contained the names of recipients, the names of donors, and the cash amounts received. 18/185 (10%) contained none of: recipient name, donor name, and cash amount. Only 15 Trusts had their disclosure register publicly available online (6%). We generated a transparency index assessing whether each Trust met the following criteria: responded on time; provided a register; had a register with fields identifying donor, recipient, and cash amount; provided a register in a format that allowed further analysis; and had their register publicly available online. Mean attainment was 1.9/5; no NHS trust met all five criteria.ConclusionOverall, recording of employees’ conflicts of interest by NHS trusts is poor. None of the NHS Trusts in England met all transparency criteria. 19 did not respond to our FoIA requests, 51 did not provide a Gifts and Hospitality Register and only 31 of the registers provided contained enough information to assess employees’ conflicts of interest. Despite obligations on healthcare professionals to disclose conflicts of interest, and on organisations to record these, the current system for logging and tracking such disclosures is not functioning adequately. We propose a simple national template for reporting conflicts of interest, modelled on the US ‘Sunshine Act’.

scholarly journals CONTENT AND DIRECTIONS OF ANTIBULING POLICY AT SCHOOL

2021 ◽  
Vol 7 (4) ◽  
pp. 18-27
Author(s):  
Yulia Udovenko ◽  
◽  
Evgeniya Gladyshko ◽  
Keyword(s):  
Information And Communication Technologies ◽  
Educational Institution ◽  
Communication Technologies ◽  
Integrated Approach ◽  
Educational Process ◽  
Point Of View ◽  
Bullying Policy ◽  
Official Position ◽  
Foreign Countries ◽  
Information And Communication

The article is devoted to the problem of bullying and anti-bullying policy in school institutions. The problem of bullying, from a scientific point of view, began to be studied at the end of the 20th century. Today, this issue is covered in all laws and programs related to ensuring a safe educational environment for participants in the educational process. Bullying, as a social and pedagogical problem, has been actively studied since the beginning of the development of information and communication technologies, which contributed to the rapid dissemination of not only verbal, but also media information: photo and video facts about manifestations of bullying between children. The article presents the results of the research "Unicef", "La Strada-Ukraine", which indicate the prevalence of the phenomenon of bullying among children. The essence of the concept of "bullying" is revealed, as well as categories that are close in meaning: "violence", "aggression", "bullying", "bullying", "conflict". The structural components of the roles of the bullying process are described: initiators or offenders, helpers of offenders, defenders of the victim, victims and observers. The article provides data on anti-bulging programs in foreign countries and focuses on the problem of anti-bulging policy in educational institutions of our country. Three main approaches that make up the anti-bullying policy of schools are analyzed: disciplinary, restorative and an integrated approach, which is implemented using two directions: managerial and educational. The directions of anti-bullying policy at school are presented, namely managerial and educational. The managerial direction is organized and implemented by the head of the educational institution. The constituent components of activities in this area are an analysis of the current situation in an educational institution, the development of an official position of the institution regarding bullying and informing all participants in the educational process about it, the development of rules of conduct for all participants in the educational process and informing about them, defining the responsibilities and responsibilities of participants educational process in relation to the rules of safe behavior in an educational institution, instructing employees, students and parents. Whereas the educational direction is characterized by informing, explaining, developing the skills of tolerance and non-violent communication of all participants in the educational process.

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