Commission for Prevention and Ascertainment of Conflict of Interest

The Commission for prevention and ascertainment of conflict of interest is an independent, permanently - operating body, which has national wide competence and has no territorial departments. The Commission consists of five members – qualified jurists.

 

The Commission is an administrative body for ascertainment of conflict of interest and for implementation of administrative requirements and penalties, established by the Act for prevention and ascertainment of conflict of interest.

 

How the Commission works:

 

1.      The Commission is notified by written alert from any citizen;

2.      The Commission acts on its on initiative;

3.      The Commission is notified by a request of the public office holder.

 

The regulation for the Organization and proceedings of the Commission defines the required information which any alert has to contain. 

What are the Commission Acts:

 

The decisions for asserting presence or absence of conflict of interest are public acts which are subject to judicial supervision, according the Administrative code.

 

For any administrative violation of the law, which is not a conflict of interests, an act for establishment of administrative violation is prepared and served. On that legal basis a penalty decree is imposed on the public office holder. The penalty decrees can be appealed according to the requirements of the Act on Administrative Violations and Sanctions.

 

What is a conflict of interest:

 

Conflict of interests as a socially dangerous and reproachable behavior occurs when a public office holder has private interest which could affect the impartial and objective execution of its official powers and duties.

 

Private interest means any interest which results in a financial or non-financial benefit to a public office holder, or to any persons having close links therewith, including any obligation assumed.

Benefit means any income in money or in property, including acquisition of participating interests or shares, as well as granting, transferring or renouncing rights, receiving a privilege or honours, acquiring goods or services gratuitously or at prices below the market prices, assistance, vote, support or influence, advantage, obtaining or receiving a promise to obtain a job, a position, a gift, a reward or a promise to avoid a loss, liability, sanction or another adverse event.