Published: Jun 7, 2018

  Tatiana Kolomoets

  Natalia Verlos

  Yuliia Pyrozhkova


The article, based on analysis of scientific works and legislation of different countries, singles out problematic issues of legal regulation of relations connected with the reception of gifts by public servants. It is substantiated that in modern conditions a gift, unfortunately, can be used not only as a manifestation of respect and gratitude but also an unreasonable enrichment of public servant and unlawful influence on him, his official activity. Fragmentation, contradiction in the content of the “gift” legislation, its saturation with its evaluative and generalizing provisions predetermines the existence of “grey” zones in the legal basis of the use of a gift resource for public servants. Analysing existing prohibitive, restrictive, permissive models of “gift relations in the public service”, the expediency of introducing an absolute prohibition on gifts for public servants is justified. It is proposed to provide exceptions for “ordinary” gifts, “official” gifts, and gifts on the occasion of special personal events, with the definition of limits of allowed behaviour. The mandatory declaration of all gifts received by a public servant, indicating its sources, seems expedient. The normative definition of a “gift” is proposed to be fixed in a special anticorruption legislative act, focusing on its disinterested symbolic, non-systematic nature, the legitimacy of acts of the servant as the basis for the gift, and the absence of any arrangements for its provision between the public servant and the “donor of a gift.” As a result, it eliminates its mistaken association with unlawful benefits, public servant’s labour compensation, incentive, and indemnity payments. Taking into account the specifics of “official” (“business”) gifts, detailed regulation of rules of conduct with them is proposed, including the possibility of their redemption, with the priority of realization and protection of public interest. The necessity of unification of legal principles of regulation of “gift relations in the public service” and coordination of provisions of anti-corruption (in the part of special prohibitions and declaration as a means of preventing conflicts of interest in the public service), tax (in terms of declaration of incomes and determination of the legality of their sources), and tort (liability for breach of established regulations) legislation is grounded. It is considered appropriate to form uniform legal standards for the implementation of “gift policy in the public service.”

How to Cite

Kolomoets, T., Verlos, N., & Pyrozhkova, Y. (2018). A GIFT FOR A PUBLIC SERVANT – A MANIFESTATION OF RESPECT, REWARD OR A MEANS OF UNLAWFUL INFLUENCE. Baltic Journal of Economic Studies, 4(1), 227-234. https://doi.org/10.30525/2256-0742/2018-4-1-227-234
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reward, prohibition, corruption, restriction, reception, gift, gift relations, public servant, public service, rules, unlawful acts, donor, conflict of interest


Rules of Ethical Conduct and Corruption Prevention in the Bodies of the State Fiscal Service, approved by the Order of the SFS on 01.12.2017 № 979. URL: http://sfs.gov.ua/baneryi/protidiya-koruptsii/antikoruptsiynaprograma-dfs/291898.html

Standards of Ethical Conduct for Employees of the Executive Branch: Regulation of the United States Office of Government Ethics / The Code of Federal Regulations. № 5. Part 2635. URL: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0ahUKEwibtKzXkunZAhWJC8AKHc3JCw4QFggxMAE&url=https%3A%2F%2Fwww.oge.gov%2Fweb%2Foge.nsf%2F0%2F85BC960EDCDC284885257EA6006557FA%2F%24FILE%2F4e6d8560a22d479885e24b6699d71adc1.doc&usg=AOvVaw2xpvqE2yvxmrsNJf18LLMO

Bikeev I.I. (2013). Issues of delimitation of a bribe from a gift in Russia and abroad: practice and trends. Actual Problems of Economics and Law. № 1. P. 245-249.

Ethics of the civil service: prevention of conflict of interests and requirements to legislation / Manuel Villoria, Staffan Synnerström, János Bertok; [translated from English by I. Chupryn]. K.: Centre for Adaptation of the Civil Service to the standards of the European Union, 2010, 104 p.

Gafurova A.Kh. (2015). To the issue of gifting luxury goods as a volatile component of the development stages of society. Features of accepting gifts by civil servants. Vestnik of Kostroma State University. Legal sciences. № 6. P. 169-172.

Svetlana Zimneva, Anna Chumakova. (2015). Legal Regulation of Civil Servants in Russia and Germany Receiving Gifts. Russian Law Journal. Volume III. Issue 3. P. 142-151.

Encouragement in civil service law: study guide / N.O. Armash, Yu.A. Berlach, I.V. Bolokan [at al.]; under the general editorship of T.O. Kolomoiets, V.K. Kolpakov. – K.: In Jure, 2017. 360 p.

Chernogor N.N., Zaloilo M.V., Ivaniuk O.A. (2017). The role of ethical and moral standards in ensuring compliance with prohibitions, restrictions, and requirements established to counter corruption. Journal of Russian Law. № 9. P. 130-141.

Vasileva V.M. (2015). Regulation of conflict of interest in public service: the Brazilian experience (Part 2). Public Administration Issues. Issue 3. P. 165-190.

Kolomoiets T.O. (2018). Restrictions on the reception of gifts by persons authorized to perform functions of the state or local self-government under the legislation of Ukraine: scientific and practical commentary. Zaporizhzhia: Publishing House “Helvetica”, 40 p.

Kolomoiets T.O. (2018). Gifts for public servants in Ukraine: prohibition, restriction or permission as an optimal model of legal regulation. Juridical Scientific and Electronic Journal. № 1. P. 92-96.

Sten Bonsing, Lars Langsted (2013). “Undue” Gifts for Public Employees: An Administrative and Criminal Law and Criminal Justice. № 21. P. 163-184.

Pryma V. (2016). Hospitality as an unconditional gift: to the problem statement. Culture and Art in the Modern World. Issue 17. P. 91-96.

On Corruption Prevention: Law of Ukraine on 14.10.2014. Gazette of the Verkhovna Rada of Ukraine. 2014. № 49. Art. 2505-6 (with subsequent amendments and additions).

On the issue of attitude to gifts within the system of fighting corruption. URL: http://e-notabene.ru/pr/article_827.html