A conflict of interest is a situation in which a public official has a private interest that affects his or her impartiality and the objective performance of official duties.
For example, a conflict of interest occurs when a senior public official:
- Is also a manager, authorized representative or board member of the private enterprise
- Is a member of more than one governing body of a public enterprise, public institution, or publicly owned joint stock company
- Offers preferential treatment or confidential information when contracting services for personal gain
- Influences the decision-making of legislative, judicial or executive bodies for personal gain
- Is employed or provides services in an institution he/she has supervised in less than two years since his/her departure, either directly or indirectly through a relative or trustee.
While the Agency advises officials and institutions on how to avoid conflicts of interest and how to handle such cases if they occur, it also has the right to monitor any public procurement or recruitment process and initiate administrative investigations into any possible cases of conflict of interest.
The public, on the other hand, can also report any potential conflict of interest, either directly to the institution, by contacting the designated officer for the prevention of conflict of interest, or to the Agency for the Prevention of Corruption
After the Agency conducts an administrative investigation into a potential conflict of interest case, it may:
- Ask the employment institution to initiate the procedure for the dismissal of an official
- Ask an institution to review, revoke or annul a legal act issued as a result of a conflict of interest
- Initiate minor offence proceedings in court in the event of a violation of the law, or file a criminal report to the prosecutor’s office in the event of a criminal offense.
The court may impose fines and prohibit the exercise of public functions from 6 months to 2 years.
