Anti-Corruption Legal Education: An Overview of Conflict of Interest Prevention and Management Practices (Part 1)
Situation
The head of the structural subdivision of the state body exercising powers in the field of hunting and conservation of hunting resources (hereinafter referred to as the head, department, state body), applies to the same state body to obtain a permit for the extraction of hunting resources.
The functions of the department include, among other things, the provision of public services for issuing permits to individuals for the extraction of hunting resources. The provision of this public service by other departments of the state body is not provided.
The notice of the possibility of a conflict of interest was sent by the head in a timely manner.
In the course of consideration of the notification by the commission, it was established that the decision by the chief to issue himself a permit for the extraction of hunting resources affects the possibility of receiving benefits (advantages), which forms his personal interest.
This personal interest may affect the objectivity and impartiality of the performance of their official duties, which, in accordance with Article 10 of Federal Law No. 273-ФЗ, indicates a conflict of interest.
Decision
The Commission made a decision on the possibility of issuing a permit for the extraction of hunting resources. In order to prevent and resolve conflicts of interest, given the impossibility of transferring authority to issue appropriate permits to other persons, it is recommended:
provide for consideration at the level of a local regulatory act of each application for a permit for the extraction of hunting resources in relation to the employee himself, as well as in relation to persons with whom the personal interest of this person may be connected on the commission (without his participation) with the involvement of all submitted documents in the examination , as well as employees of other departments of the state body.