Anti-Corruption Legal Education: An Overview of Conflict of Interest Prevention and Management Practices (Part 2)
Situation
A competition for research work has been announced in the state body.
Among others, an application for participation in the competition was submitted by a research institute, where the wife of the head of the department in charge of questions on the research topic works. She is also the head of the scientific team for the implementation of the declared work.
The head of the department promptly sent a notice of the possibility of a conflict of interest and instructed the department employee, who is a member of the competition commission, to refrain from participating in the consideration of the institute's application.
According to the regulation, the department reviews and approves reporting documents reflecting information on the volume of work performed in order to ensure further acceptance of work from the contractor and payment for the work performed.
The wife of the head of the department holds a position at the institute, in connection with which she receives a salary from the institute, as well as remuneration for managing research work carried out in accordance with the concluded state contract.
The participation of subordinates of the head of the department in the evaluation of the application of the institute at the stage of competitive procedures and further approval by the head of the department of the documents on the basis of which the acceptance and payment of the work performed by the institute is carried out affects the income of the organization with which the spouse of the head of the department is connected by property relations, which forms his personal interest .
This personal interest may affect the objectivity and impartiality of the performance by an official of his duties in the exercise of his official powers, which, in accordance with Article 10 of Federal Law No. 273-FZ, indicates that he has a conflict of interest.
Decision
If the institute is recognized as the winner of competitive procedures, in order to prevent and resolve conflicts of interest, it is recommended:
create an acceptance committee, in accordance with the provisions of the Federal Law of April 5, 2013 No. 44-ФЗ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" to accept the work performed (stages of work performed) in accordance with government contract;
to verify the results provided by the institute in terms of their compliance with the terms of the contract, conduct an examination with the involvement of independent experts.