Conflict of interest: definition and settlement procedure

The Vitebsk Regional Prosecutor's Office, during an inspection of compliance with anti-corruption legislation, identified numerous instances of close relatives and in-laws working in positions of direct subordination within one of the inspected state organizations. The situation was qualified as a conflict of interest.

The Law of the Republic of Belarus "On Combating Corruption" (hereinafter referred to as the Law) defines a conflict of interest as a situation where the personal interests of a public official, their spouse, close relatives, or in-laws influence or may influence the proper performance by the public official of their official (labor) duties when making or participating in decision-making, or performing other official (work) actions.

Public officials include, among others, individuals who permanently or temporarily, or under special authority, hold positions related to the performance of organizational, managerial, or administrative-economic duties in state organizations and organizations in which 50 percent or more of the charter capital is owned by the state and (or) its administrative-territorial units.

Article 21 of the Law of the Republic of Belarus "On Combating Corruption" establishes the procedure for preventing and resolving conflicts of interest in connection with the performance of duties by a public official.

Thus, a public official is obliged to notify their supervisor, to whom they are directly subordinate, in writing about the occurrence or possibility of a conflict of interest as soon as they become aware of it, and has the right to recuse themselves in writing from making a decision, participating in decision-making, or performing other official (work) actions that cause or may cause a conflict of interest.

Failure of a public official to notify about an actual or potential conflict of interest, if they were aware of such conflict or its potential, shall be grounds for refusal to appoint a public servant to another public position or for bringing them to disciplinary

action, up to and including dismissal from their position (termination of employment) in the manner prescribed by legislative acts.

The head of the organization was not notified of the conflicts of interest in the established manner, and therefore, upon the demand of the regional prosecutor's office, the responsible officials were brought to disciplinary action. Similar violations were identified during inspections by prosecutors of Polotsk, Lepel, and other districts.

The settlement of conflicts of interest not only contributes to the high-quality performance of official duties but also minimizes corruption risks.

Prosecutor of the Department

for Combating Corruption

and Organized Crime

Junior Justice Advisor S.V. Podalinsky