Anti-Corruption Legislation and Integrity Requirements for Judges
What the exam tests
This domain tests the Law on Combating Corruption (2015), integrity restrictions for judges, conflict-of-interest rules, declarations and liability.
Core rules
- Corruption includes abuse of office, bribery, illegal gifts and use of official position for personal gain.
- Judges must avoid conflicts of interest, disclose any personal interest and recuse themselves where impartiality may be affected.
- Gifts connected with official duties are prohibited; symbolic gifts are strictly limited by law and must be declared or returned.
- Judges submit income and property declarations and must not engage in entrepreneurial activity.
- Breach may lead to disciplinary, administrative or criminal liability; anti-corruption bodies investigate corruption offences.
Worked example
A judge's spouse owns a company that is a party in a case. The judge must disclose the interest and recuse herself. If she stays on the case and rules in favour of the company, this is a conflict of interest and may constitute corruption and a ground for annulment.
Traps
- Treating a small gift as harmless when it is connected with office.
- Ignoring a family member's business interest.
- Confusing disciplinary ethics with criminal corruption.