Conflict of interests in commercial and civil law

Abstract

The modern specifics of the development of social relations are due to new phenomena that require research and regulation. One of these is the issue of conflict of interest settlement in the business sphere. Given this, it is critical to analyze the causes of conflicts of interest in the system of management and production of public goods, which will contribute to the acceleration of the improvement of the management system and the transformation of the economy of Ukraine. The work aims to identify the conflict of interests in the business sphere and to determine the methods of their settlement. The research methodology consists of: the dialectic method, the abstraction method, the analysis and synthesis method, the logical-semantic method, the classification and grouping method, the system-structural method, the functional method, the sociological method, the statistical method, the formal-legal method, the synergistic method, the historical-legal method, comparative-legal method, method of interpretation and hermeneutics, analytical method and logical-legal method. As a result of the research, it is noted that the conflict of interests is a generally accepted term denoting a contradiction between the interests that are protected by law and must be satisfied by the actions of another authorized person and the personal interests of this authorized person. In particular, the essence, peculiarities of passage, and consequences of the conflict of interests in the field of management were investigated. Attention is drawn to the fact that the conflict of interests in the field of management is considered as a potential threat to the implementation of entrepreneurial activity.