The purpose of the article is to analyze the concepts of “nepotism”, “favoritism” and “cronyism” as the forms of conflict of interest, as well as to identify the relationship between the dissemination of these phenomena in the context of conflict of interest and the determinants of the latter. Methodology. Taking into account the purpose of the article, the links between the corruption and nepotism, cronyism, favoritism as forms of conflict of interest have been defined based on the method of a systematic analysis. The logical method, as well as comparative and legal method helped to analyze the concepts of “nepotism”, “сronуіsm”, “favoritism” and “clientelism”. The method of induction and deduction enabled to distinguish the key features of favoritism, cronyism, and nepotism. The method of hermeneutics allowed to interpret the above concepts through the prism of the features of corruption. The system and structural method made it possible to make a logical connection between the conflict of interest and the manifestation of favoritism, nepotism and cronyism. The legal modeling method was helpful in drawing conclusions of the research. The results of the study. The pros and cons of using family ties and friendly relations, depending on the scope of nepotism, favoritism and cronyism have been identified as a result of a study. The connection between these phenomena and the spread of conflicts of interest in the public service has been examined. Practical implications. An attempt to identify favoritism, nepotism and cronyism as the form of conflict of interest has been made, as well as some recommendations to amend the relevant legal acts have been provided. Value / originality. For the first time, the authors examined the possibility of having positive results from using nepotism, cronyism and favoritism in forming business environment.
Адміністративне право і адміністративний процес, інформаційне право ЧЕРНЕЖЕНКО О. М., кандидат юридичних наук, науковий співробітник відділу організації науково-дослідної роботи (Національна академія внутрішніх справ) УДК 342.84
The relevance of this article is conditioned by the decentralization of the reform of political power in Ukraine, which presents the State with the permanent challenge of finding new ways to solve the problems of governance and governability at the district and regional level. The objective of the article was to carry out a scientific investigation on the mechanism of introduction of institutes of prefects in Ukraine, based on the experience of the main western European countries. The main research methods are general and specific, including the methods of logic, analysis and comparison of the sources consulted. The results of this study are to identify ways to introduce an institute of prefects in Ukraine. By way of conclusion, it highlights the importance of the results obtained, which is reflected in the fact that this study can serve as a basis to delineate future changes to the current legislation of Ukraine on issues of state administration, at the district and regional level, by introducing the institute of prefects.
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