Serving private interests (PDF) download >>>
Purpose of this publication is to highlight lack of political will for quality regulation and application of regulations in the area of conflict of interests among which the key role has the law on combat against corruption at highest levels.
The publication consists of four chapters which document the process of drafting, deliberation and adoption of the set of Bills, major objections to the text of the present Law, examples in practice and statistical data on application of the Law.
Data of the I Chapter show that Parliamentary majority has adopted, under the pressure of the public, three versions of the Law which were subject to deliberation of MPs in an unusual procedure, they were modified and adjusted to their own interests, despite recommendations of not only international organizations but also of the President of the state.
II Chapter highlights incompliance of the new Law and international standards and recommendations referring to definition of public officials, membership of MPs in managing boards and independence of the body supervising enforcement of the Law.
III Chapter presents case studies which highlight most frequent problems occurring during enforcement of the Law on Conflict of Interests which have been recognized and reported as of the beginning of 2005.
First case study refers to definition of public official and shows that thanks to decisions of the Commission for Conflict of Interests, reached on the basis of the criteria which have not been defined by the Law a number of high state officials has been continuously performing several public functions. Second case study illustrates actions of the Commission for Conflict of Interests in the cases when public officials submit inaccurate data on income and property, and common practice of the Commission to justify public officials’ violations of the Law by calling upon their lack of knowledge or forgetfulness. Third case study shows how the Commission, in the case when public officials are violating the Law by performing duties of members in several managing boards and receiving fees for performing of these duties, evaluates actions of these public officials as violations of the Law, but at the same time, the Commission also states that the public officials have “ceased to perform actions contrary to the Law“.
Fourth Chapter presents statistical data on the structure of the initiatives for establishment of conflict of interests and the decisions that the Commission for Conflict of Interests has reached in the period from the beginning of enforcement of the Law until the end of 2008. This Chapter contains information on case law that MANS has created on the basis of reexamination of individual decisions of the Commission for Conflict of Interests.
