The paper comprehensively studies the administrative and legal regulation of anti-corruption prohibitions and restrictions on the activities of police in Ukraine, as well as develops scientifically grounded proposals for the improvement of existing legislation in this field.
The study of conflict of interest as a factor of corruption allowed to substantiate that such a conflict is a collision (contradiction) between the public good, which person is obliged to ensure while making a management decision, his personal interests and the interests of social groups, to which he belongs; which is perceived by society in negative way and undermines сonfidence in the honesty of such persons and the effectiveness of public administration as well as ensuring by them public interests. It is noted that the emergence of the concept of "conflict of interest" in Ukrainian law is due to the ratification in 2006 of the UN Convention against Corruption (2003), according to which the Ukrainian government committed to regulate and prevent conflicts of interest in the public service to prevent corruption.
The model of legal regulation of conflict of interests in public activity, chosen by Ukraine due to its desire for European integration and foundation of a legal and democratic society (regulation of such a conflict in anti-corruption legislation) is identified, the shortcomings and advantages of the chosen model are distinguished. The approaches to the genesis in the national anti-corruption legislation of the concept of conflict of interests as a factor of corruption that creates a conflict of public good, which must be provided by a public person, and his private interests are analyzed, as well as the features of "conflict of interest" in Ukrainian legislation (private interest, bias and prejudice of management decisions and the causal link between them). It is noted, that the normative settlement of conflicts of interest in public activities in Ukraine is aimed at the prevention of corruption and is achieved by the establishment of a number of anti-corruption prohibitions and restrictions on special entities, which, on the one hand, are aimed at creating conditions, under which these entities may not have got the possibilities to exercise one's powers not for the public good, but on the other hand, at the restriction of the rights and freedoms of the above-mentioned subjects.
The concept of anti-corruption prohibitions and restrictions on the activities of special entities in Ukraine as a system of measures aimed at the restriction of the rights and freedoms of the above mentioned entities, in order to avoid conflicts of interest in public activities, prevent undermining the authority of public authorities and local governments, as well as at the effective functioning of public authorities, prevention of the undermining of confidence in the honesty of special entities and the focus of their actions to ensure public rather than private interests or the interests of third parties is formulated.
The types of anti-corruption prohibitions and restrictions on the activities of special entities in Ukraine and the legal regulations, by which they are established, are analyzed. Emphasis is placed on the expediency of eliminating the tautology of legal norms of criminal and administrative law, which prohibit the use of official powers or official position and related opportunities for the purpose of obtaining illegal benefits, including the use of any state or municipal property or funds in private interests.
The features that determine the special status of a police officer as a special entity covered by the Law of Ukraine "On Prevention of Corruption" (citizenship, taking the oath of a police officer, serving in certain positions and the procedure for holding a special police rank) have been studied. The legal uncertainty of such a feature of the special status of a police officer as service in the certain positions is noted and ways to eliminate it are suggested.
The types of anti-corruption prohibitions and restrictions on the activities of police officers, which are established by the norms of administrative law, are considered, namely regarding: receiving gifts; combination and reconciliation with other activities; joint activities of relatives; further employment; access and use of information. The genesis of the introduction of anti-corruption prohibitions and restrictions in the national system of anti-corruption legislation has been studied, which allowed to identify the reasons that prevent the implementation of these prohibitions and restrictions in practice in full and generate ambiguous case law.
