the participants in the actions of the business
entity.
The next, from the widespread modern positions
regarding the legal nature of economic interest, is
an assumption that allows a combination of
objective and subjective principles. This is
justified by the presence of a close connection
between objective social conditions and the
behavior of subjects of economic interest, which
include individuals, social groups, classes, and
society (Grybanov, 2000).
The question is quite interesting: "Can conflict
exist without interest?" And can interest exist
without conflict?”
In our opinion, the answers to these questions are
obvious. After all, any economic interest, if it is
agreed upon between the parties, should not lead
to a conflict of interests. In the opposite case - in
the absence of compromises regarding economic
interest, a conflict will arise. Therefore, in our
opinion, it is absolutely logical and consistent to
move to the next category, which is "conflict".
Even though conflict as a category has a
sufficiently large number of definitions proposed
by Ukrainian and foreign scientists of different
times, which are justified by the types of phases
of the existence of the conflict, we do not
consider it necessary, for now, to dwell on these
phases. After all, the possibility of conflict in the
future (potential conflict), which can be
considered a latent phase, as well as any active
phase (actual, existing conflict) for the purpose
of our task is identical because they are included
in the existing typology of legal conflicts (law-
making, law-implementation, general law, inter-
industry, industry, etc.) (Tikhomirov, 2017).
For the purpose of our research, it is noteworthy
to understand that a conflict in any of its phases
is a clash of positions of subjects regarding the
goal of interests or motives (Dmitriev et al.,
1993). At the same time, it should be commented
that the aforementioned typology of legal
conflicts can include both conflicts based on the
clash of incompatible ideas, which is a
manifestation of human cognitive psychology,
and a conflict of interests, which is the basis of
the subject's desire to take possession of material
resources, which are in the opponent's area of
responsibility (Dmitriev et al., 1993). This type
of conflict has a fully materialized manifestation
and, for the most part, is the subject of our
research.
Quite interesting from the point of view of
practical application is the determination of the
existence of the emergence and (or) change of
legal relations between subjects, which is
determined by the presence of the conflict itself
because we can assume that a legal conflict has
differences from a conflict of interests.
Such a difference may consist in the existence of
at least three characteristic features of the latter.
First, the conflict of interests initiates the very
basis for the emergence or change of the legal
relations of the participants, through the
acquisition of one of them (or several) legal
statuses, which allows qualifying its presence
(Gabov, 2005).
Secondly, the conflict of interests in the form of
a legal status that allows qualifying its presence"
is absolutely not identified with the definition of
one or another interest in particular, but only
indicates the fact of the existence of
contradictions of several conflicting interests.
Thirdly, the conflict of interests, as a
phenomenon, does not depend on which of the
subjects of legal relations will make a choice in
favor of another of them, or refuse it.
So, from the above, the logical conclusion is that
the conflict of interests can be characterized as a
certain psychological state of the subject, which
"belongs" to such an interest for its further
implementation in the emergence, change, or
termination of certain legal relations, as a
confirmation of the existence of a legal fact.
Further, we consider it expedient to distinguish
between the conflict of interests and the conflict
of subjects, as well as the situation of conflict of
interests.
An important feature of such a category as a
conflict of interests should be considered the
complexity of its legal regulation due to the
multiplicity of facts that can mediate a certain
psychological state of the subject who “belongs”
to such an interest for its further implementation
in the emergence, change or termination of legal
relations, not to mention the fact that, usually,
norms dedicated to conflict of interests in the
business sphere are initiated "late", leaving such
disputes unsettled. Thus, the study of the conflict
should be considered in at least three areas,
which can be connected with each other in
sequence, and also act as a separate set of legal
facts, which, as a result of the subsequent
agreement between the subjects, did not lead to