Generolo Jono Žemaičio Lietuvos karo akademija

The aim of this article is to analyse the essence of the harmonisation of public and private interests in the public service. The necessity of the harmonisation of public and private interests in the public service is based on the following features: civil service reliability and implementation of its purpose in order to guarantee the public interest; clear, binding standards of conduct applicable to all persons employed in the public service, regardless of their duties and career development nature; aim to prevent the emergence and spread of corruption in the public service; constitutional requirements for the implementation of public service. The article reveals that there are two key elements of a conflict of interest: 1) official duties that ensure the implementation of a public interest; 2) private interest which may negatively affect the performance of official duties. It follows that if a conflict of interest in the public service is not resolved or addressed properly, sooner or later it turns into corruption, and cause significant damage to the state itself. It is therefore very important timely identification, removal and management of the conflict of interest.

The article analyses an in-house procurement concept in the contexts of scientific doctrine, substantive law and legal practice. The Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC is discussed in the part of provisions regulating cases where a public contract between public entities is not a subject to public procurement procedures. In addition, statistical data of in-house procurements in Lithuania are presented and threats of in-house procurement concept application as well as possibilities of improvement thereof are assessed.