scholarly journals The Rules Applicable to Conflicts of Interests for Canadian State Representatives

2020 ◽  
Vol 3 (2) ◽  
pp. 84-97
Author(s):  
Sébastien Lafrance

Abstract Conflicts of interest among public officials and public servants have long been an issue of public concern. This paper discusses the various legal instruments implemented by Canada as well as the legal principles that directly address the different aspects of this issue in Canada

PLoS ONE ◽  
2021 ◽  
Vol 16 (6) ◽  
pp. e0252551
Author(s):  
Emily Rickard ◽  
Piotr Ozieranski

Our objective was to examine conflicts of interest between the UK’s health-focused All-Party Parliamentary Groups (APPGs) and the pharmaceutical industry between 2012 and 2018. APPGs are informal cross-party groups revolving around a particular topic run by and for Members of the UK’s Houses of Commons and Lords. They facilitate engagement between parliamentarians and external organisations, disseminate knowledge, and generate debate through meetings, publications, and events. We identified APPGs focusing on physical or mental health, wellbeing, health care, or treatment and extracted details of their payments from external donors disclosed on the Register for All-Party Parliamentary Groups. We identified all donors which were pharmaceutical companies and pharmaceutical industry-funded patient organisations. We established that sixteen of 146 (11%) health-related APPGs had conflicts of interest indicated by reporting payments from thirty-five pharmaceutical companies worth £1,211,345.81 (16.6% of the £7,283,414.90 received by all health-related APPGs). Two APPGs (Health and Cancer) received more than half of the total value provided by drug companies. Fifty APPGs also had received payments from patient organisations with conflicts of interest, indicated by reporting 304 payments worth £986,054.94 from 57 (of 84) patient organisations which had received £27,883,556.3 from pharmaceutical companies across the same period. In total, drug companies and drug industry-funded patient organisations provided a combined total of £2,197,400.75 (30.2% of all funding received by health-related APPGs) and 468 (of 1,177–39.7%) payments to 58 (of 146–39.7%) health-related APPGs, with the APPG for Cancer receiving the most funding. In conclusion, we found evidence of conflicts of interests through APPGs receiving substantial income from pharmaceutical companies. Policy influence exerted by the pharmaceutical industry needs to be examined holistically, with an emphasis on relationships between actors potentially playing part in its lobbying campaigns. We also suggest ways of improving transparency of payment reporting by APPGs and pharmaceutical companies.


Author(s):  
Florian Lemke ◽  
Konstantin Ehrhardt ◽  
Olha Popelyshyn

This article provides insights on how German and Ukrainian public sector employees perceive and position themselves towards current eGovernment initiatives. After presenting the academic literature on the roles of individual public servants in transformative change processes in public administration, the eGovernment approaches followed by Germany and Ukraine are explained. The results of a survey (n = 74) conducted among public servants in both countries provide information on their perceived contribution to and participation in the digitisation of government service delivery, as well as reasons and causes for motivation or frustration in this context. By analysing the survey responses and identifying potential impediments of successful eGovernment implementation, the authors provide recommendations for action for executives that drive digital transformation, such as organising tool-specific training and Single Points of Contact for employees after introducing new processes and software, adjusting educational programmes for new public servants, and establishing a feedback and knowledge-sharing culture when creating new e-services.


Author(s):  
Jonathan Herring

This chapter discusses the ‘conflicts of interest’ principle. It explains the principles that underpin the no-conflict rule. It consider the obligations under the professional codes of conduct for the rule. The chapter also explores the ethical basis for the principle and exceptions to it. The chapter looks too at some of the case law on how lawyers should avoid conflicts of interest.


Criminology ◽  
2020 ◽  
Author(s):  
Atanas Rusev

Extortion is a predatory crime similar to other practices such as blackmail, bribery, coercion, and robbery. Extortion practices have been classified according to their degree of complexity and the professional occupation of the perpetrator. Simplest forms are related to episodic incidents, where a single offender receives a one-time benefit from one victim. Systematic extortion is usually perpetrated by organized crime groups that exact payments from multiple victims. Such well-rooted extortion practices over a certain territory have long been associated with Mafia-type organizations and denoted as protection racketeering. The scholarly debate on the genesis and nature of Mafia extortion practices continues to this date. While one of the influential theories contends that racketeering is an economic activity—provision of (extralegal) protection services—others postulate that it is rather an imposition of illegal taxation by quasi-political groups. Some scholars have also focused on “extortion under the color of office,” or, in other words, extortion perpetrated by public servants or politicians in their official capacity. However, the biggest challenge in conceptualizing and studying extortion perpetrated by public officials remains its distinction from bribery. Although in theory the two crimes can be distinguished by the degree of coercion involved in the crime and the role (or modus operandi) of public officials in the bribery and extortive scheme, it appears that in practice it is usually not possible to establish a difference.


First Monday ◽  
2018 ◽  
Author(s):  
Rodrigo Sandoval-Almazan ◽  
Andrea L. Kavanaugh

The use of social media by public administration has been growing steadily, and fostering important transformations in organization, costs, citizen interaction and efficiency. Citizens are increasingly more informed about government activities, performance, and claims solutions. Citiizens and non-profit organizations are in greater communication with each other about government planning and response to complex and collective problems. Social media, such as Facebook, Twitter, You Tube and WhatsApp, as well as related tools, such as commenting, liking, tagging and rating, change the distribution of information, power and resources. The growing maturity of public officials in the use of these tools not only creates new opportunities, but also engenders problems. Many politicians, public officials and public servants are seeking ways to adapt their daily operations and practices to make effective use of social media for interaction with non-governmental organizations and with citizens and to provide information and services more efficiently. The papers in this special issue on social media and government capture the current state of some of these opportunities and problems.


2017 ◽  
Author(s):  
John Kitchener Sakaluk ◽  
Cynthia Graham

Editorial describing changes to JSR submission policies regarding transparent disclosures of potential conflicts of interest and statistical analyses.


2021 ◽  
Vol 11 ◽  
Author(s):  
Erdem Hareket

For all public officials serving within the public sphere and university students studying in higher education institutions with public legal personality, compliance with the law as regards their rights, responsibilities, duties or statuses is an indispensable requirement of public life. This requirement is framed by positive norms provisions. Actions and penalties for disciplinary offenses against higher education students fall within the subject boundaries of various law fields such as administrative, criminal, disciplinary and educational law. Therefore, the provisions of the legislation on higher education students' disciplinary offenses and penalties must be clearly stated on the basis of legal principles. Based on this necessity, this study attempts to shed light on the investigation and punishment processes executed as per the Higher Education Institutions Student Disciplinary Regulations, from the perspective of the legal provisions and principles involved.


Author(s):  
Enrique Marcos Pascual

La carrera administrativa de los funcionarios públicos forma parte de la serie de reformas propias del régimen jurídico constitucional y el cambio de principios jurídicos que lo conforman, con la elaboración de la función pública subjetiva, frente a la deslavazada función pública objetiva configurada en el Antiguo régimen. Se predica que el acceso a la función pública se tiene que realizar en virtud de los principios de mérito, igualdad y capacidad. Por eso, históricamente, la organización de la carrera administrativa surge como alternativa a la designación de los funcionarios por libre designación del poder político. En el año 1876 se debate en el Congreso de los Diputados una Proposición de ley del Sr. Puig y Llagostera sobre la carrera administrativa. El Diputado defiende la aprobación de esta Proposición de ley en base a que hay que hacer de la función pública una profesión que él califica de “honrosa y honrada”, que había que dignificarla. Que sea una profesión despolitizada, exenta por completo de las influencias y oscilaciones políticas y basados en unos criterios de mérito y capacidad en el ingreso y ascenso en la carrera administrativa.The administrative career of public officials is part of the series of reforms of the constitutional legal regime and the change of legal principles that comprise it, with the elaboration of the subjective public function, as opposed to the deflated objective public function configured in the Old regime. It is predicated that access to the public function must be carried out by virtue of the principles of merit, equality and capacity. Therefore, historically, the organization of the administrative career arises as an alternative to the appointment of officials by free appointment of political power. In the year 1876 a proposal of law of Mr. Puig y Llagostera on the administrative career was debated in the Congress of Deputies. The Deputy defends the approval of this Proposition of law on the basis of which it is necessary to make of the public function a profession that he qualifies as «honorable and honored», which had to be dignified. That it be a depoliticized profession, completely exempt from political influences and oscillations and based on criteria of merit and capacity in the entry and promotion of the administrative career.


2002 ◽  
Vol 5 (1) ◽  
pp. 219-232
Author(s):  
D. J. Fourie

The urgent need to develop South Africa's human resources in the public service has been conceptualized in many policy documents. The underlying objective of efforts to strengthen the human resources in the public sector, is the delivery of effective services to the people of South Africa. In line with the White Paper on the Transformation of the Public Service, 1995, the effective mobilization, development and utilization of human resources are stressed as important factors in the transformation of the public service because of their contribution to individual and institutional capacity to ensure effective governance. Financial resources are important in order to develop and sustain the skills of the public servants; however, there is a tendency to cut the budget for human resource development programmes. Alternative methods should be developed to obtain additional sources of income.


Author(s):  
M. D. Nauryzbek

The article examines and compares the declaration systems in the Republic of Kazakhstan and the United Kingdom, since the declaration institute is one of the most effective tools for preventing conflicts of interest. In particular, the study examines the aspects of disclosure and verification of data in the declaration system of two countries. The functioning of an effective state apparatus requires strong consistency with the principle of transparency and accountability. In this situation, public officials, disciplining their behavior, are aware of responsibility for their actions. To ensure the disclosure of reliable and complete declared information, it is necessary to use a verification system. Verification is also one of the most important components in the process of forming an effective system for declaring income and assets, liabilities and interests. It is a tool that allows to prevent and identify conflicts of interest, which often lead to the commission of the corruption violations. This article uses the method of comparative analysis, since comparative analysis allows to determine the fundamental values, and accordingly, to offer the most appropriate solutions to the problems. In the first part of the analysis, the author explores the Kazakhstani declaration system, in particular, the concept of declaration is given, the regulatory provisions on disclosure and verification of declared information are analyzed. Next, in contrast, the system of Great Britain is examined, on the same basic aspects. This approach allowed us to identify the pain points in the Kazakhstani system and made it possible to apply the positive experience of the UK. The study provides an information base for both the civil servants and the non-governmental sector and the population. As a result of the research, the author offers a number of recommendations on the VAP principle developed by the author, based on the experience of the UK, to improve the declaration system in Kazakhstan.


Sign in / Sign up

Export Citation Format

Share Document