Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 71
2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca cn aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al o y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
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Vol. 39, Nº 71 (2021), 725-736
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 23/08/2021 Aceptado el 22/10/2021
Ethical Conduct of Public Servants
DOI: https://doi.org/10.46398/cuestpol.3971.44
Anatolii Anatoliiovych Rusetskyi *
Yevhen Yuriyovych Podorozhnii **
Andrii Tanko ***
Oleksandr Oleksandrovych Frolov ****
Abstract
The objective of the investigation was to examine the content
and specic characteristics of the ethical conduct of public ocials
in Ukraine and the world. To achieve the objective, the authors
used the following methods: epistemological, comparative-
legal, structural-functional, analytical, informative-analytical.
Among the results of the article, it was possible to consider the
ethical conduct of public servants in a broad and narrow sense.
In the same way, the main requirements of the legislation that
regulate the conduct of public servants have been analyzed and
the conditions that standardize in detail the legal relationships in the eld
of professional activity of public servants, their relationships with each
other and with citizens. Finally, everything allows us to conclude that a
Code of Ethics for public servants establishes common rules of conduct
for them and determines responsibility for their violation. To be eective,
this regulatory legal act must also include the following obligations for
public servants: requirements for the performance of ocial functions;
requirements for advanced training; requirements for relationships with
colleagues, managers, and subordinates; norms of communication with
citizens and norms to resolve conicting interests.
Keywords: public service; ethical conduct; code of ethics; standards of
ethical conduct; comparative law.
* Doctor in Law, Professor, Honored Lawyer of Ukraine, Principal Researcher of the National Scientic
Center "Hon. Prof. M. S. Bokarius Forensic Science Institute". ORCID ID: https://orcid.org/0000-
0003-2234-4392
** Doctor of Jurisprudence, Professor, Professor of the Department of Labor and Economic Law of the
Faculty No. 2 of Kharkiv National University of Internal Aairs. ORCID ID: https://orcid.org/0000-
0003-1677-1937
*** Candidate of Law (PhD), Doctoral Student of Educational and Scientic Training Organization
Department of Kharkiv National University of Internal Aairs. ORCID ID: http://orcid.org/0000-
0001-8425-2202
**** Candidate of Legal Sciences, Associate Professor, Associate Professor of the State Building Department,
Yaroslav Mudryi National Law University. ORCID ID: https://orcid.org/0000-0002-1870-7165
726
Anatolii Anatoliiovych Rusetskyi, Yevhen Yuriyovych Podorozhnii, Andrii Tanko y Oleksandr
Oleksandrovych Frolov
Ethical Conduct of Public Servants
Conducta ética de los servidores públicos
Resumen
El objetivo de la investigación fue examinar el contenido y las características
especícas de la conducta ética de los funcionarios públicos en Ucrania
y el mundo. Para lograr el objetivo los autores utilizaron los siguientes
métodos: epistemológico, comparativo-legal, estructural-funcional,
analítico, informativo-analítico. Entre los resultados del artículo se pudo
considerar la conducta ética de los servidores públicos en sentido amplio
y estrecho. Del mismo modo, se han analizado los principales requisitos
de la legislación que regula la conducta de los servidores públicos y se ha
establecido las condiciones que normalizan detalladamente las relaciones
jurídicas en el ámbito de la actividad profesional de los servidores públicos,
sus relaciones entre sí y con los ciudadanos. Finalmente, todo permite
concluir que un Código de Ética para los servidores públicos, establece
reglas comunes de conducta para ellos y determina la responsabilidad
por su violación. Este acto jurídico reglamentario debe incluir además
para ser efectivo las siguientes obligaciones para los servidores públicos:
requisitos para el desempeño de funciones ociales; requisitos para la
formación avanzada; requisitos para las relaciones con colegas, directivos y
subordinados; normas de comunicación con los ciudadanos y normas para
resolver intereses contrapuestos.
Palabras clave: servicio público; conducta ética; código de ética; normas
de conducta ética; derecho comparado.
Introduction
The establishing the guilt of a particular ocial in committing an oense
in the eld of his professional activity may result in his removal from
oce and a ban on holding this position in the future. All the standards of
purication of power will be observed in this case: the guilt will be personal,
an individual objective investigation will be carried out, and the person will
be able to use all the mechanisms to protect his own rights (Pchelin, 2020:
17). Ukraine’s integration into the European Community requires our state
to introduce qualitatively new standards of public service, which are based
on European values and national experience.
At the same time, the issue of rethinking the requirements for public
servants, their business and moral qualities become important, since their
activities are always under the close attention of society. Their conduct,
performance discipline, attitude, communication style and behavior must
be impeccable. Ethical conduct is one of the important factors of internal
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provision of the subject of public administration’s activities. In this regard,
the issue of ethical conduct of public servants is relevant and requires
detailed study. At the same time, despite the considerable interest in the
researched issue, many matters of ethical conduct of public servants need
additional research. This determines the relevance of this work.
Nowadays, one can condently state that the implementation of
quality public administration remains the key element in the state system
functioning and its individual mechanisms of government. Thus, we
understand that the adoption of useful experience from private spheres of
public life to public ones (state or local) can be applied as one of the types of
signicant improvement of the eciency of the state system or its individual
mechanisms (Serohina, Mykolenko, Seliukov, Lialiuk, 2021: 281).
The scientic novelty of the research is that this article is one of the rst
comprehensive studies, which determines the content and specic features
of ethical conduct of public servants based on the analysis of scientic
papers and legal regulation, and which provides reasonable propositions
for amending national legislation in the researched area.
The purpose of the research is to determine the content and specic
features of ethical conduct of public servants based on the analysis of
national and international legislation, scientic works, as well as to develop
propositions for improving its legal regulation. To achieve the set purpose,
it is necessary to solve the following main tasks: to determine the content of
the concepts of “public service”, “a public servant”, “ethical conduct” based
on the analysis of the current legislation and scientic works; to study
national and international legislation that establishes requirements for the
conduct of public servants; to provide propositions for improving the legal
regulation of ethical conduct of public servants.
1. Methodology of the Research
General scientic and special methods of scientic cognition constitute
the methodological basis of the work. The epistemological method was used
to clarify the content of public service, public servants, ethical conduct of
public servants. The use of the comparative and legal method is the basis
for comparing the legal regulation of ethical conduct of public servants
in dierent countries, as well as for clarifying the positive aspects of such
regulation to implement them in Ukraine.
The structural and functional analysis was used for determining the
basic requirements for the conduct of public servants. The analytical method
provided an opportunity to develop propositions and recommendations for
improving the ethical conduct of public servants in Ukraine.
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Anatolii Anatoliiovych Rusetskyi, Yevhen Yuriyovych Podorozhnii, Andrii Tanko y Oleksandr
Oleksandrovych Frolov
Ethical Conduct of Public Servants
Information and analytical basis of the scientic research was the
regulatory base regulating relations in the eld of ethical conduct of civil
servants, as well as scientic achievements of scholars in the eld of public
administration.
2. Results and Discussion
The realities of life have shown that top business managers, who
are committed to formulating public policy aimed at the development
of a particular industry, do not understand the peculiarities of public
administration, namely – responsible service to all citizens of Ukraine.
At the same time, the issue of combining bureaucracy based on strict
adherence to the rule of law and procedures and the application of
innovative approaches to management decisions remains unsolved. The
key problem is the professional ability of those who shape and implement
public policy to solve socially signicant problems in an indeterminate
environment during the implementation of decentralization reform. This
requires the application of innovative approaches to the training of public
servants (Vasylieva et al., 2020: 304-305).
Problems of ethical conduct of public servants are receiving more and
more attention in all countries of the world. The issue of developing and
implementing certain rules of conduct into practical activities of public
servants has always been relevant for both national and international
science. Analysis of such experience and critical assessment of the current
state of ethical conduct of public servants, development of directions for
its improvement will bring the prestige of both the public service and the
relevant subjects of public administration to a new level.
It is expedient to begin the research of the specied problems with
dening the content of the concepts of public service and public servants.
Public service – is the activity on state political positions, in state collegial
agencies, professional activity of judges, prosecutors, military service,
alternative (non-military) service, other civil service, patronage service
within state authorities, service in the authorities of the Autonomous
Republic of Crimea, local self-government agencies (The Code of
Administrative Proceedings of Ukraine, 2005). Accordingly, a public
servant is a person who holds one of these positions and performs the
functions of the state within the limits set by law.
The legal status of public servants provides (Serohin, Lypovska &
Borodin, 2019: 69):
1) direct involvement in the preparation, adoption, and implementation
of decisions in the eld of executive and administrative activities of
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the state within the performance of ocial duties, in particular in
some cases these actions entail political, economic and other social
consequences for the whole society or any part of it.
2) a public ocial’s authority and opportunity to act within his
competence on behalf of a public administration agency (and thus,
as if on behalf of the state), representing the state interest.
3) combination of strict normative regulation of activity in the formal
and procedural relation with rather wide possibilities to take
volitional decisions on the basis of subjective interpretation of both a
situation, and its legislative norms.
4) belonging to a special professional status group; although it consists
of representatives of dierent professions, but its unifying factor is
the work within public administration agencies.
One of the important features of the status of a public servant is the strict
normative regulation of his activity, which provides not only regulation of
the state of his ocial duties, but also determines the rules of his ethical
conduct.
Ethical conduct is a set of deeds, actions of people that meet the
norms of morality, consciousness, order, formed in society or it strives to
(Shcheblykina and Hrybova, 2015). This concept can be considered in broad
and narrow senses. In the rst case, ethical conduct should be understood
as human behavior that meets the norms of morality, legal principles,
order, which have been formed in society. In a narrow sense, it should be
interpreted as the behavior of a person that complies with legal principles
and principles, norms of morality and order in a particular team, where a
person lives, works, studies, etc.
The ethical conduct of public servants in Ukraine is regulated by several
laws and regulatory legal acts. A prominent place among them is occupied
by the Law of Ukraine “On Civil Service” (December 10, 2015, No. 889-
VIII). It stipulates that a civil servant is obliged to perform duties, as well
as: 1) not to allow acts incompatible with the status of a civil servant; 2) to
show a high level of culture, professionalism, endurance and tact, respect
for citizens, management, and other civil servants; 3) to take care of state
property and other public resources. The control over the observance of
ethical conduct by the employees is entrusted to their managers. A public
servant may be subject to disciplinary action for violating the established
requirements. Even if the actions of the employee outside the service
signicantly aect the interests of his department, in particular aect the
“respect and trust in his position”, it is considered that he is committing a
misdemeanor (Hubanov, 2016: 42).
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Anatolii Anatoliiovych Rusetskyi, Yevhen Yuriyovych Podorozhnii, Andrii Tanko y Oleksandr
Oleksandrovych Frolov
Ethical Conduct of Public Servants
According to the Law of Ukraine “On Prevention of Corruption” (October
14, 2014, No. 1700-VII), the ethical conduct of public servants must meet
the following requirements: the priority of the interests of the state or
community; political neutrality; impartiality; competence and eciency;
non-disclosure of information that became known in connection with the
performance of ocial duties; refraining from executing illegal decisions or
orders. Having compared these legal norms, we can conclude that they pose
dierent requirements for the ethical conduct of public servants.
Besides, there is a separate legal act that denes the rules of ethical
conduct for almost every type of public servants. For example, the Order of
the Ministry of Internal Aairs of Ukraine dated from November 9, 2016,
No. 1179 “On approval of the Rules of ethical conduct of police ocers”
stipulates that a police ocer while performing ocial duties must: strictly
comply with the Constitution and laws of Ukraine, other regulatory legal
acts regulating the activities of the police and with the Oath of a police
ocer; professionally perform the duties, act only on the basis, within the
powers and in the manner prescribed by law; to respect and not violate
human rights and freedoms; in each case, choose the measure from among
the measures provided by the legislation of Ukraine, the application of
which should lead to the least negative consequences; strictly adhere to the
anti-corruption legislation of Ukraine, restrictions related to service in the
National Police of Ukraine dened by the Laws of Ukraine “On the National
Police”, “On Prevention of Corruption” and other legislative acts of Ukraine.
To show respect for the dignity of each person, to treat everyone fairly
and impartially; behave restrained, friendly, open, attentive and polite
causing the population to respect the police and a willingness to cooperate;
control own behavior, feelings and emotions, not allowing personal likes
or dislikes, hostility, bad mood or friendly feelings to inuence decision-
making and ocial behavior; to have a neat appearance, to be in the
established form of clothes; to adhere to the norms of business speech, to
prevent the use of profanity; to keep the information with limited access,
which became known in connection with the performance of ocial duties;
to inform the immediate supervisor about the circumstances that make it
impossible to continue the service in the police or to hold the position (On
approving the rules of ethical conduct of police ocers, 2016).
To systematize the legal norms on ethical conduct of public servants,
the Order of the National Agency of Ukraine for Civil Service “On approval
of the General rules of ethical conduct of civil servants and ocials of
local self-government” dated from August 5, 2016, No. 158 was adopted.
It stipulates that public servant and ocial of local self-government while
performing their ocial duties are obliged to strictly adhere to generally
accepted ethical norms of conduct, to be friendly and polite, to adhere
to a high culture of communication, to respect the rights, freedoms and
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legitimate interests of a man and citizen, association of citizens, other legal
entities.
Civil servants and ocials of local self-government should strengthen
the authority of the civil service and service in local self-government
agencies, as well as the positive reputation of state authorities and local
self-government agencies (On approving General rules of ethical conduct of
civil servants and ocials of local self-government, 2016). This regulatory
legal act establishes in great detail the rules of conduct of civil servants
both while performing their ocial duties and while communicating
with citizens, management, subordinates, in everyday life, etc. Particular
attention is paid to the compliance with the principle of integrity.
Given the urgency of the compliance with the rules of ethical conduct
by public ocials worldwide, the Committee of Ministers of the Council of
Europe has developed and approved the Model code of conduct for public
ocials (Annex to the Recommendations of the Committee of Ministers of
the Council of Europe of 11 May 2000, No. R (2000) 10). It both denes the
general principles of conduct of public ocials and establishes the basic
principles of proper conduct, namely: the need to put public interests above
the own ones (the Art. 6); the public ocial has a duty always to conduct
himself or herself in a way that the public’s condence and trust in the
integrity, impartiality and eectiveness of the public service are preserved
and enhanced (the Art. 9); the public ocial should report to the competent
authorities any evidence, allegation or suspicion of unlawful or criminal
activity, or any violation of the Code by other public ocials (the Art. 12).
The Articles 13-15 focus on conict of interest; the denition of conict
of interest and personal interest is given, the responsibilities of the public
ocial to prevent such a conict are listed in details; protection of the
public ocial’s privacy (the Art. 17); the public ocial should not demand
or accept gifts and services; this does not include conventional or minor
gifts (the Art. 18); the public ocial must not misuse of his ocial position
(the Art. 21); the public ocial should not take improper advantage of his
or her public oce to obtain the opportunity of employment outside the
public service and to disclose condential ocial information (the Art.
26) (Appendix to Recommendation No. R (2000) 10). All the indicated
provisions are enshrined in the norms of national law.
Another important normative document on the observance of
rules of ethical conduct by public ocials is the International Code of
Conduct for Public Ocials (UN General Assembly Resolution 51/59 of
12 December 1996). The International Code lists the basic principles of
conduct (eciency, competence, attentiveness, fairness, impartiality) and
summarizes the basic rules for preventing conict of interest, declaring
income information, accepting gifts, handling condential information, etc.
As we can see, international legal norms quite briey enshrine the rules of
732
Anatolii Anatoliiovych Rusetskyi, Yevhen Yuriyovych Podorozhnii, Andrii Tanko y Oleksandr
Oleksandrovych Frolov
Ethical Conduct of Public Servants
ethical conduct, ignoring many aspects of the activities of public servants
and their compliance with ethical norms.
The rules of ethical conduct of civil servants in other states are
enshrined in a rather general form. Thus, the Civil Service Code (Statutory
guidance, updated 16 March 2015) of the United Kingdom establishes the
basic principles of civil servants, namely: decency, honesty, objectivity,
impartiality.
Ethical rules for civil servants of the Republic of Lithuania determine
the following basic principles of ethical conduct of public servants: respect
for people and the law (the Art. 2); a civil servant must be fair (the Art.
3); a civil servant must be guided only by public interests, not to use his
ocial position in personal interests or in the interests of family / friends
(the Art. 4); be incorruptible, not to accept gifts or money (the Art. 5); to
be objective, to act impartially and lawfully (the Art. 6); be responsible (the
Art. 7); be polite, perform own duties in time and professionally (the Art. 9)
Valstybės tarnautojų veiklos etikos taisyklės (2002). The analysis of these
provisions demonstrates that much attention in Lithuania is paid to civil
servants’ compliance with anti-corruption legislation. At the same time,
many other aspects of such behavior have gone unnoticed by the legislator.
This list should be supplemented with requirements for professional
growth, communication with citizens, management and subordinates,
principles of morality, etc.
The ethical principles of civil servants of the Kingdom of Norway
enshrine the following principles of civil service: the principle of loyalty –
to perform the tasks of management and report to it in a timely manner (the
Art. 2); the principle of openness – public access to public services, the right
of employees to report unacceptable circumstances in the institution (the
Art. 3); impartiality; it is also necessary to be careful when communicating
with former colleagues, not to accept gifts (the Art. 4); the principle of
professional independence and objectivity (the Art. 5) (Etiske retningslinjer
for statstjenesten, 2017). These principles dene the rules of ethical conduct
in a general way and need to be supplemented and claried.
The main provisions of the Code of Ethics for Civil Servants of Croatia
establish the following requirements for the conduct of civil servants: a civil
servant must respect citizens and other civil servants (the Art. 6); a civil
servant at ocial events and during public speeches must clearly distinguish
his or her own opinion from the position of the institution, where he or she
works (the Art. 8); civil servants should not use their position to inuence
the decisions of the legislative, executive or judicial branches of power
(the Art. 9); civil servants in relation to citizens must act professionally
(the Art. 10); communication between civil servants should be based on
mutual respect, trust, cooperation and courtesy (the Art. 12) (Etički kodeks
državnih službenika, 2011).
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There is currently a number of problems in Ukraine related to the
formation of the level of ethics of a civil servant: rst of all, there is a great
need for highly qualied personnel who have the theory and practice
of regional development, who are able to work in conditions of erce
professional competition and have a high stress-resistant threshold and
adhere to ethical and moral norms in business relations. Secondly, there is
the lack of appropriate professional education (and sometimes specialized)
and the level of professional training, which is a mandatory requirement for
holding public oce. Thirdly, there is insucient legislative enshrinement
and legal establishment and coverage of moral norms for civil servants, as
well as insucient responsibility for violating these norms (Bobrovnyk,
2016).
In this regard, there is a widespread opinion among scholars about the
need to develop and adopt the Code of Ethics for Civil Servants at the central
level, which should consist of basic principles, norms, requirements, rules of
conduct for civil servants and include tools for assessing moral and ethical
competencies, and most importantly, which would dene mechanisms for
monitoring its implementation and develop a system of specic actions
and measures in case of its violation. It is appropriate that this Code
should include the following types of requirements for public servants:
requirements related to the profession; requirements for relations with
colleagues; requirements for advanced training and self-education; norms
of communication with citizens; requirements for o-duty behavior; norms
of relations with superiors and subordinates; norms for resolving conicts
of interest; a list of sanctions, in case if these rules are ignored or unethical
behavior of a public servant is detected.
It is also important that this Code becomes a “model” for the creation
of the “Rules of ethical conduct of public servants” in every public agency.
The content of these rules should include already typical, specic norms
and values for the relevant agency (Sorokina, 2020). Supporting this
suggestion, it should be noted that the adoption of such a legal act will
ensure the unity and systematization of the rules of conduct for all civil
servants, will improve the performance and behavior of the employees,
increase the prestige of civil service and public condence in government.
Conclusions
Summarizing the above, we can conclude that there is a current need
to adopt the Code of Ethics for civil servants in Ukraine, which would
establish general rules of conduct common to everyone and would establish
responsibility for their violation. This regulatory legal act should include
the following requirements for public servants:
734
Anatolii Anatoliiovych Rusetskyi, Yevhen Yuriyovych Podorozhnii, Andrii Tanko y Oleksandr
Oleksandrovych Frolov
Ethical Conduct of Public Servants
requirements for the performance of ocial duties: to perform their
ocial duties in the best possible way, honestly and impartially; to direct
their actions to protect public interests and to prevent conicts between
private and public interests; to comply with anti-corruption legislation;
not to use ocial position in private interests or for illegal private
interests of other persons; not to disclose information that has become
known in connection with the performance of ocial duties; to use own
ocial position, ocial resources exclusively for the performance of their
ocial duties and lawful assignments of managers; to adhere to political
impartiality and neutrality; not to use own ocial position for political
purposes; not to harm the environment or human health;
requirements for professional advanced training: to constantly
improve own cultural level, the level of own professional development,
to improve own skills, knowledge and abilities in accordance with
the functions and tasks on the position, in particular in terms of
digital literacy, to improve the organization of ocial activities.
requirements for relations with colleagues, management and
subordinates: to communicate on the basis of mutual respect,
trust, cooperation and courtesy; to prevent conicts; not to allow
discussion of personal or family life of colleagues, members of their
families and other close persons.
rules of communication with citizens: to show respect for the dignity
of each person, to treat everyone fairly and impartially; to behave
restrainedly, kindly, openly, attentively and politely, causing respect
and willingness to cooperate in the population; to show restraint
in case of criticism or insult on the part of citizens, to remark on
the unacceptability of such behavior and the need to comply
with the norms of polite communication; to prevent conicts; to
strengthen the authority of the civil service and service within local
self-government agencies, as well as the positive reputation of state
authorities and local self-government agencies by their behavior;
not to allow:
a) the use of obscene language, high intonation, humiliating
comments.
b) the spread of rumors.
c) manifestation of any of the forms of discrimination.
d) acts of a sexual nature expressed verbally (threats, intimidation,
obscene remarks) or physically (touching, slapping),
humiliating or insulting persons who are in a relationship of
labor, ocial, material, or other subordination.
735
CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 725-736
norms for resolving competitive interests: to direct their actions
to prevent conicts between private and public interests, to avoid
the emergence of real and potential competitive interests in their
activities.
The indicated requirements are not exhaustive and can be supplemented
and detailed in the Code of Ethical Conduct for a particular type of public
servants.
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Esta revista fue editada en formato digital y publicada
en diciembre de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 71