Summary of "Interešu konflikta novēršana un valsts amatpersonu profesionālā ētika"

Summary of Interešu konflikta novēršana un valsts amatpersonu profesionālā ētika

This video lecture, delivered by Inta Nolle, a lecturer at the Corruption Prevention and Combating Bureau (KNAB) of Latvia, provides a comprehensive overview of the prevention of conflicts of interest and the professional ethics obligations of public officials. It targets both new public officials (with up to one year of experience) and experienced officials requiring retraining. The lecture emphasizes legal frameworks, practical restrictions, ethical considerations, and procedures related to conflicts of interest, combining positions, gifts, and bribery.

Main Ideas and Concepts

1. Purpose and Target Audience

Strengthen understanding of conflict of interest prevention.
Remind officials of ethical norms sometimes overlooked amid official duties.
Target groups: new public officials and those needing retraining.

2. Regulatory Framework

International conventions (UN Anti-Bribery, OECD, etc.) obligate Latvia to enforce good governance and prevent conflicts of interest.
National legislation includes the Law on Prevention of Conflicts of Interest (effective since 2002) and the national anti-corruption plan (2022–2025).
Cabinet Regulation No. 630 mandates internal anti-corruption control systems, including risk assessment and regular training (at least every 3 years).
Institutions must have internal anti-corruption regulations, including:
- Code of ethics tailored to institutional needs.
- Procedures for anonymous reporting of violations.
- Procedures for reporting conflicts of interest and transferring duties.

3. Definition and Prohibition of Conflict of Interest

Conflict of interest arises when official duties affect the official, relatives, or business partners.
Public officials are prohibited from performing official activities that affect themselves, relatives, or business partners.
This prohibition extends for two years after termination of business relationships (“recognition period”).
Exceptions exist for elected officials (e.g., MPs) in political or strategic decision-making and remuneration matters.
Violations result in administrative liability.

4. Who Are Relatives and Business Partners?

Relatives: spouse, registered cohabiting partner, parents, grandparents, adoptive parents, siblings (including half-siblings), children, grandchildren, adoptees.
Business Partners: persons or entities with whom a public official has declared business relations exceeding 20 minimum monthly wages.
Extended circles (civil law relatives, close emotional bonds) are ethically relevant though not legally restricted.
Officials should consider the spirit of the law and public perception, not just the letter.

5. Handling Conflict of Interest Situations

Officials must report conflicts in writing to a higher official or collegial body.
The higher official must reassign the conflicting duties to another official.
Direct delegation by the conflicted official is prohibited.
Institutions must have clear internal procedures for reporting and duty transfer.

6. Types of Conflicts of Interest

Actual (Real) Conflict: direct violation of the law.
Apparent Conflict: no legal violation but public perception suggests personal interest.
Potential Conflict: no current conflict but possibility of one arising (e.g., procurement committee members with relatives applying).
Apparent conflicts require balanced assessment; not all require reassignment.

7. Restrictions on Combining Positions

Status as a public official applies from appointment until release.
Compensation, time of work, or weekends/holidays do not exempt from restrictions.
Some positions (owner, mere member of NGOs, unpaid representatives) are not considered “positions” under the law.
Limits on combining paid public sector positions vary by job group (e.g., 1+2 or 1+1 remunerated positions).
Teaching, scientific, medical, creative, and professional athlete work generally allowed without written permission.
Institutions should have procedures for applying and granting written permission to combine jobs.
Written permission must be obtained before starting the side job.
Failure to obtain permission can result in administrative sanctions but is often handled preventively.
Prohibited combinations include those creating conflicts of interest, violating ethical norms, or impairing official duties.

8. Commercial Activities and Financial Interests

Senior officials cannot receive financial resources from institutions they head except via open tenders.
Two-year recognition period applies after leaving office regarding benefits from companies involved in decisions made.
Officials must act with justification and according to internal regulations when handling property or resources.
Improper use of official vehicles and resources is a common violation.

9. Use of Information

Information accessed for official duties must only be used for those duties.
Illegal disclosure or use for personal purposes is prohibited.
Viewing data about relatives or business partners without cause is a conflict of interest violation.
Use of confidential information outside official duties (e.g., as a private expert) is forbidden.

10. Advertising Restrictions

Public officials cannot use their name for compensated advertising unrelated to official duties.
Expressing unpaid personal opinions (e.g., social media likes) is allowed.

11. Representation Restrictions

Officials cannot represent their institution in matters involving relatives, business partners, or entities from which they or relatives receive income.
This includes legal proceedings and document preparation.

12. Gifts and Benefits

Generally, officials cannot accept gifts in daily duties.
Allowed benefits (not considered gifts) include flowers, souvenirs, books, and representational items from a single donor, not exceeding the value of one minimum monthly wage per year.
Ethical considerations advise caution even with allowed gifts to avoid reputational risks.
Gifts received during official visits or events belong to the institution and must be registered and evaluated.
Gifts in private life can be accepted only if the donor is not a client of the institution and no decisions have been made regarding the donor in the past two years.
Donations received publicly must be handled carefully to avoid conflicts.

13. Duties and Responsibilities of Heads of Institutions

Heads can request any information necessary for internal control and corruption prevention.
Officials must provide such information with justification.

14. Liabilities

Disciplinary, administrative, criminal, and civil liabilities apply for violations.
Criminal liability for bribery can lead up to 10 years imprisonment.
Prosecutor’s office and courts determine punishments.

15. Bribery: Definition and Correct Actions

Gift vs. bribe: gifts are voluntary, with no expectation; bribes are given to influence actions.
Correct responses to bribe offers:
- Option 1: Categorically reject and immediately report to KNAB and/or institution head.
- Option 2: Neither accept nor reject; gain time, memorize details, and report immediately.
If a bribe is found (e.g., money in documents), do not touch it, secure it, document the situation, and report immediately.
Institutions must have clear procedures for handling bribe offers.

16. Reporting Corruption

KNAB offers an online reporting platform with options for whistleblower reports (non-anonymous) and anonymous reports.
Public officials and citizens are encouraged to report suspected corruption or conflicts of interest.
No expertise is required to report—only discernment and willingness to act.

Methodology / Instructions

Preventing Conflicts of Interest

Know and comply with international and national anti-corruption laws.
Understand who qualifies as relatives and business partners.
Avoid performing official duties affecting self, relatives, or business partners.
Report conflicts of interest in writing to a higher official or collegial body.
Do not personally delegate conflicting duties; the higher official must reassign.
Follow internal procedures for reporting and duty transfer.

Combining Positions

Determine if the activity is a “position” under the law.
Obtain written permission before starting any side job requiring it.
Report all job combinations internally, even if no written permission is required.
Avoid combining positions that create conflicts or ethical violations.
Follow institutional procedures and deadlines for applying for permits.
If combining positions is prohibited, submit a release application within 7 days.
Resolve prohibited combinations within 30 days or cease duties.

Use of Information

Access only information necessary for official duties.
Do not disclose or use information for personal gain.
Avoid viewing data related to relatives or business partners without cause.

Gifts and Benefits

Accept only legally allowed benefits (flowers, souvenirs, etc.) within limits.
Register and evaluate gifts received on behalf of the institution.
Decline or return gifts that may create ethical or legal issues.
Consider ethical implications beyond legal allowances.

Handling Bribery

Reject bribes firmly and report immediately.
If unsure, delay response, collect information, and report immediately.
Secure any found bribe items without handling them unnecessarily.
Follow institutional procedures for reporting bribery.

Reporting Corruption

Use KNAB’s online platform for reporting.
Reports can be anonymous or identified.
No legal expertise required to report suspicions.
Active reporting contributes to reducing corruption in society.

Speakers / Sources Featured

Inta Nolle – Lecturer at the Corruption Prevention and Combating Bureau (KNAB), primary speaker and presenter of the lecture.
Olga Kuzmina – Mentioned as a colleague at KNAB available for consultation.
Corruption Prevention and Combating Bureau (KNAB) – Institutional source of regulations, procedures, and contact for corruption prevention.
Ministry of Education and Science – Authority on educational activities relevant to combining positions.
Ministry of Culture – Authority on creative work relevant to combining positions.
State Revenue Service – Consulted regarding public official declarations and status.
Other institutional references include Cabinet Regulation No. 630, national anti-corruption plan, and various Latvian laws and regulations.

This lecture serves as a foundational resource for Latvian public officials to understand and apply the legal and ethical standards necessary to prevent conflicts of interest and corruption, maintain transparency, and uphold public trust.

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Summary of "Interešu konflikta novēršana un valsts amatpersonu profesionālā ētika"