Privačių interesų deklaravimas Lietuvoje: retrospektyvinis ir perspektyvinis požiūris

Abstract

This article analyzes the regulation of the obligation to declare private interests and its implementation in Lithuania. The legal acts regulating the declaration of private interests are evaluated, the entities with the obligation to disclose private interests are identified, and both the data to be indicated in the declaration of private interests and the procedure for the submission of such data are discussed. The relationship between the obligation to declare private interests and the possibility for the responsible authorities to invite declarants to submit, clarify, or supplement the declaration is also assessed. The article concludes that declaration is one of the most effective means of preventing conflicts of public and private interest in the public service, but it does not resolve conflicts in itself, so other risk management measures for conflicts of interest are necessary. The author also considers that there is no appropriate regulation when the list of declaring entities provided by law is not exhaustive, and the head of the institution or body (in coordination with the Central Commission for Official Ethics) has the right to impose an obligation to declare private interests and bylaws. The article concludes that the current statutory list of declarable data does not ensure the purposes of declaration, and in many cases depends on the subjective assessment of the declarant, when it is up to them to determine whether a circumstance may cause a conflict of interest and whether it must be declared.