Last update : 07.12.2022

The draft law "on the Prevention of conflicts of interest"was discussed at the Oliy Majlis


The draft law "on the Prevention of conflicts of interest"was discussed at the Oliy Majlis

Today, the draft law "on the Prevention of conflicts of interest", developed by the Ministry of Justice, was discussed at the first reading at the next session of the Legislative Chamber of the Oliy Majlis.

Minister of Justice R. Davletov spoke about the relevance of the adoption of the draft law, the content and essence of the strengthening of the issues of preventing conflicts of interest at the level of the law.

In turn, the draft law provides for:

◊ with the project, a clear definition of the concept of "manafaat conflict" is given, making it clear between whom and when this situation may arise;

◊ employees of the state organization are determined in their work activities their rights and obligations to prevent conflicts of interest with their close relatives, persons related to them and their close relatives (legal entities;

◊ measures are being established that should be implemented to prevent and regulate conflicts of interest;

◊ in order to prevent conflicts of interest, the following restrictions are imposed on employees of a state organization:

* the ownership of the share in commercial organizations controlled by the state organization in which he works, himself or his close relatives;

• being a founder (shareholder, participant) of commercial organizations, except for the possession of up to 10% of shares of Joint-Stock Companies in public circulation;

* participation as a representative in the consideration of cases related to his, close relatives or persons related to him in the state organization in which he works;

• participation in the purchase, lease of the property of the state organization in which he works, or the participation of close relatives in these sales (except for an electronic auction);

– a system of competent structures for the prevention, identification and regulation of conflicts of interest and their obligations are being established. In particular:

a) anti-corruption agency;

(develops methodological recommendations, carries out control measures, takes measures to bring to administrative responsibility)

b) internal control structures against corruption;

(studies and checks the appeals received in these cases, enters into the Ethics Commission a conclusion drawn up on the circumstances of the identified conflict of interest)

C) personnel work units;

(summarizes, checks and maintains declarations of conflict of interest)

g) ethics commissions.

(studies the optimality of measures taken to prevent conflict of interest, makes an offer to the management to take appropriate measures in relation to violators)

In addition, the legal consequences of violation of the requirements for conflict of interest are being established. In particular:

decisions and concluded transactions made in the event of a conflict of interest should be recognized as invalid in the court order and collect damage from the guilty employee;

the grounds are being established for not informing the conflict of interest or bringing it to administrative responsibility for its non-regulation.

The law is set to enter into force after 6 months have passed since the adoption of the law, taking into account the fact that it takes time to bring to the attention of employees and citizens of the relevant state organizations the content and essence of the issues provided for in the project

In the development of the draft law, the practice of foreign countries (Czech Republic, Latvia, Croatia, Georgia, Canada, etc.) with advanced experience in this area has been studied.

The conun project was conceptually accepted in the first reading.

Ministry of Justice
Public Relations Department