Anti-Corruption Legislation and Conflict-of-Interest Rules
Conflict-of-interest rules
This domain tests the Law on Combating Corruption and public-service restrictions, including those applying to prosecutors.
- A conflict of interest arises when personal interest, including the interest of close relatives, may influence official duties. The official must disclose it, refrain from the decision and recuse; the body must take measures.
- Public servants, including prosecutors, face restrictions on gifts, business activity, outside employment, political party membership and use of official position. Asset and income declarations are a preventive tool.
- Corruption offences include bribe-taking, bribe-giving, mediation, abuse of office and embezzlement. Liability may be criminal, administrative or disciplinary.
Worked example
A prosecutor's cousin applies for a prosecutor's position in the same district. The prosecutor must notify the supervisor and withdraw from the hiring panel. Reasoning: the family relationship creates a personal interest; the correct response is disclosure plus recusal, not merely avoiding a vote if the procedure requires participation.
Traps
A conflict can exist without money. A symbolic gift may still be prohibited by internal rules. A declaration does not cure a conflict. Recusal must be timely and documented.