Pastukh I. Prevention and settlement of conflict of interests in public law relations by means of administrative law

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101043

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

06-04-2021

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

It outlines the methodology of research on prevention and settlement of conflicts of interest by means of administrative law, analyzes the historiography of research and identifies the stages of legal regulation of prevention and settlement of conflicts of interest, reveals the content of public relations as a sphere of conflict. The structure and types of conflict of interest are determined. Conflict of interest is defined as the presence of a private interest of a public official, which may or does affect the objectivity or impartiality of decision-making or the commission or failure to act, in the exercise of his official, representative or other public authority. It is argued that the constituent elements of the conflict of interest are: a) discretionary official, representative, and other public powers (including non-governmental); b) the private interest of the person exercising such powers; c) the possibility of influencing or influencing the private interest on the objectivity or impartiality of the exercise of discretionary official or other public authority. The administrative and legal means of preventing and resolving conflicts of interest in public law relations are studied, their concepts are formulated and the types of such means are classified. It is proved that administrative-legal means of prevention and settlement of conflict of interests in public-law relations are only a part of different in essence and purpose legal levers (instructions, prohibitions and permits) of means of administration of conflict of interests. Administrative and legal means of administration of conflict of interest in public law is a set of administrative law set of different in nature and purpose of legal instruments, measures, procedures aimed at jointly solving the problem of preventing conflicts of interest, resolve such conflicts in case of their occurrence, provide monitoring compliance with the relevant procedures, as well as bringing the perpetrators to justice if necessary.

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