Measures to secure the effectiveness of the Conflict of Interest Prevention Act to prevent corruption of public officials

2021 ◽  
Vol 26 (3) ◽  
pp. 27-47
Author(s):  
Shin Gyo Jeong
Keyword(s):  
Conflict Of Interest ◽  
Public Officials ◽  
Prevention Act

scholarly journals Conflict of Interest in the Administrative Contracts in Albania

2016 ◽  
Vol 12 (34) ◽  
pp. 182
Author(s):  
Adriatik Llalla ◽  
Fjorida Ballauri
Keyword(s):  
Public Service ◽  
Conflict Of Interest ◽  
Public Official ◽  
Public Officials ◽  
The Public ◽  
Private Interests ◽  
Political Interests ◽  
Domestic Legislation ◽  
Personal Interests ◽  
Public Decision

In Albania the issue of conflict of interest is present at today’s public debate, as in many other countries. Due to this phenomenon, public funds, state property, public service, etc., are at risk at any time, and therefore there is obligation of the state to establish the appropriate legal instruments to prevent such situations. In principle, while exercising official duties and functions, the elected person or the public official should not be influenced by personal interests. In this sense, through actions, inactions or decisions, they cannot gain benefits or advantages for themselves, their family members, relatives or other persons, in case they share economic or political interests with them. In Albania, the domestic legislation provides restrictions and prohibitions for several private interests of the officials exercising public functions, depending on their functions, responsibilities and competencies in public decision-making. Also, the law provides specific prohibitions and restrictions in cases of entering into administrative contracts, considering a contract as a special public decision, which is vulnerable to be damaged by the action of officials’ private interests. This paper aims to make an analysis of the legislation in terms of restrictions of private interests of public officials to prevent specific cases of conflict of interest while concluding administrative contracts. Also, the paper leads to conclusions on how conflict of interest is related to other criminal offences like abuse of office, corruption or violation of equality of participants in public tenders or auctions etc.

scholarly journals Preventing conflicts of i nterest: the policy of giving and accepting gifts in the civil service

2020 ◽  
pp. 279-285
Author(s):  
M. D. Nauryzbek
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Civil Servants ◽  
Public Officials ◽  
The Public ◽  
The Gift ◽  
The Subject ◽  
The Government ◽  
The One ◽  
Personal Interests

The article raises the issue of conflict of interest and its prevention. The first threat of a conflict of interest in general is a violation of the balance between the personal interests of civil servants and the public interest. And the second risk is that a conflict of interest reduces the level of public trust and confidence in the loyalty and impartiality of public officials. This article analyzes and studies the real form of conflict of interest in Kazakhstan, namely two gift policy options. In particular, the zero gift policy and the limited gift ban policy are the subject of this research. On the one hand, the gift policy may completely prohibit accepting the gifts in order to prevent conflicts of interest. This zero gift policy implies that there is a ban for any gifts, regardless of the price. The establishment of a zero gift policy affects the level of confidence in the government, since citizens know that no factors affect the performance of a civil servant’s work. However, this will significantly restrict the freedom of action of civil servants. On the other hand, the gift policy can determine the rules for accepting the gifts both at workplace and after the work hours. If a gift is permissible, then there is a question of establishing an acceptable price. This means adopting a policy of limited prohibition on gifts and such a policy promotes the development of civil servants' consciousness. As a result, the author suggests a more favorable policy for Kazakhstan.

scholarly journals Conflict of Interest in Eastern Europe: “Academic Capture”

2018 ◽  
pp. 29
Author(s):  
Mihaylo Milovanovitch ◽  
Elena Denisova-Schmidt ◽  
Arevik Anapiosyan
Keyword(s):  
Eastern Europe ◽  
Conflict Of Interest ◽  
Public Officials ◽  
Financial Interest

Lobbying public officials is common practice, but becomes problematic when officials have a financial interest in the sector that lobbies them and for which they are responsible. This article explores such cases, with a particular focus on Eastern Europe.

scholarly journals Conflict of Interest: Legal and Ethical Aspects in Local Self-Government in Slovakia

2019 ◽  
Vol 17 (1) ◽  
pp. 69-92
Author(s):  
Ondrej Mitaľ
Keyword(s):  
Conflict Of Interest ◽  
Slovak Republic ◽  
Local Level ◽  
Codes Of Ethics ◽  
Public Officials ◽  
The Public ◽  
Fundamental Goal ◽  
Ethical Approaches ◽  
Ethical Norms ◽  
Negative Impacts

Serving the public interest should be perceived as a fundamental goal of public administration. Regarding the complexity of social reality, various motives could influence public officials’ behaviour and decision-making. Conflict of interest is mostly discussed as an issue, which relates to activities of elected officials. In this sense, the paper concentrates on rules and standards connected with the conflict of interest, which have to be observed by the public officials. The paper tries to be an interdisciplinary insight and emphasizes the legal and ethical approaches to the examined issue. In this sense, the paper tries to examine the managing of risks and impacts of the examined issue at the local level of self-government in the Slovak Republic. The hypothesis is based on the precondition that ethical norms can define aspects of the conflict of interest more precisely than the relevant legal acts. In the paper, the methods of content analysis, abstraction, comparison and synthesis are involved. The benefit of paper is based on the finding that ethical norms could define important aspects of the conflict of interest more precisely than legal acts. The author presumes that complementarity of legal systems and ethical infrastructure could minimize contradictory and negative impacts of the conflict of interest. Based on this fact, local self-government units should adopt codes of ethics if they want to improve the managing of risks and impacts of the conflict of interest.

System and Reality: Managing and Preventing Public Officials’ Conflict of Interest in Korea

2019 ◽  
Vol 31 (4) ◽  
pp. 783-810
Author(s):  
Jong-Soon Jin ◽  
Young-Jae Kim ◽  
Hwa-Yeon Kim ◽  
Seung-Joo Han
Keyword(s):  
Conflict Of Interest ◽  
Public Officials

A Critique of Ethics Laws

1992 ◽  
Vol 21 (3) ◽  
pp. 313-322 ◽  
Author(s):  
Barbara Ruhe Grumet
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
State Government ◽  
Conflict Of Interest ◽  
Unethical Behavior ◽  
Public Life ◽  
Financial Disclosure ◽  
Public Officials ◽  
The Public ◽  
Appointed Officials

Ethics laws, which prescribe and prohibit certain behavior for public officials, have been enacted in response to recent scandals in federal and state government. These laws focus on methods which include financial disclosure, defining and prohibiting behaviors such as conflict of interest, and restricting private sector employment in matters directly related to public life. While these laws have some benefits, such as providing more information to the public about elected and appointed officials, they do not go far enough either to define, or prevent, unethical behavior. This paper suggests that a broader approach, focusing on specific actions of public officials, would be a better way to prevent unethical behavior in the public sector.

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